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Agenda 09-08-16The City of Boynton Beach City Commission Agenda Thursday, September 8, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting and 1st Budget Public Hearing - REVISED -ADDED ITEMS 11.A. and 12.B. Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim 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 675 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due Page 2 of 675 to Holidays/Election Day). 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation: A Moment of Silent Reflection Pledge of Allegiance to the Flag led by Vice Mayor McCray Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct First Public Budget Hearing for FY 2016/2017 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R16-106 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2016-2017. PROPOSED RESOLUTION NO. R16-107 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2016-2017. B. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Florida Festivals and Events Association (FFEA) SUNsational Awards Presentation by Dan Goode, President. B. Library staff to announce a new library program for Boynton Beach Residents: Career Online High School (CONS). C. Announcement by Recreation & Parks Director Wally Majors regarding the "Nickelodeon Worldwide Day of Play" event, which will be held at Barrier Free Park on Saturday, September 17, 2016 from 10 a. m. to 1:00 p. m. 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 east: Arts Commission: 2 Regs and 1 Alt Page 3 of 675 Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R16-108 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. B. PROPOSED RESOLUTION NO. R16-109 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Linda Olden Grego for the property at 1033 Ridge Road, Lantana, FL 33462. C. PROPOSED RESOLUTION NO. R16-110 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Laura Guy, Trustee of the 1206 Highview Road Land Trust dated 5-26-16 for the property at 1206 Highview Road, Lantana, FL 33462. D. PROPOSED RESOLUTION NO. R16-111 - Authorize the City Manager to sign the Recreational Trails Program grant agreement and all related documents from the Florida Department of Environmental Protection in the amount of $28,500. E. PROPOSED RESOLUTION NO. R16-112 - Authorize the City Manager to sign an Amendment to Site Agreement between the City and W eatherFlow, Inc. for the weather monitoring station at Oyer Park. The Amendment term of this Agreement begins as of the Effective Date and shall continue until December 31, 2017, thereafter to be automatically renewed annually, unless terminated by the City or W eatherflow. F. Approve the minutes from the Budget meetings held on July 18 and 19th, 2016 and Regular City Commission meeting held on August 16, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the release of the utility bond for the project known as RaceTrac Gas Station in the amount of $468,994.90 for the water and sewer utilities. B. Approve the Bid Award for "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES" Bid No. 050-2511-16/JMA to Thermal Concepts, Inc. of Davie, FL as submitting the lowest, most responsive, responsible bid meeting all specifications for an estimated annual amount of $125,000.00 for preventative maintenance and repair. 8. CODE COMPLIANCE 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. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. B. PROPOSED ORDINANCE NO. 16-017 - SECOND READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. Page 4 of 675 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Commissioner Romelus has requested this item be brought back for reconsideration - The Commission considered this item on August 16, 2016 and Mayor Grant, Commissioners Katz and Romelus voted in favor of not opting out of this contract by October 3, 2016. Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-113 -Approve the Interlocal Agreement with the Town of Ocean Ridge for the provisions of Fire Suppression, Emergency Medical and Fire Life Safety services for the term October 1, 2016 through September 30, 2028. B. Vice Mayor McCray has requested to discuss the start time of the Holiday Parade, currently scheduled for Saturday, December 3 at 11:00am. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-020 - FIRST READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. 15. FUTURE AGENDA ITEMS A. Upon successful negotiations, the Commission will ratify the IAFF, SEIU and PBA union contracts - TBD B. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 C. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016 D. Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) Page 5 of 675 F. Summary of legal expenses for month of August 2016, for informational purposes - September 20, 2016. G. Items from CRA Board meeting in connection with Ocean Breeze East Project - NuRock Developers: • Sale of CRA land for less than market value • Interlocal agreement with CRA for required Local Godt Contribution September 20, 2016 H. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD Surprise Motors - Pioneer Auto Care (COUS 16-004) - Approval of request for Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Light Industrial) zoning district, located at 401 N. Railroad Avenue - 09-20-16 Futures Automotive (COUS 16-005) - Approve request for Conditional Use for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC. - 09-20-16 16. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE 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 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 675 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Invocation: A Moment of Silent Reflection Pledge of Allegiance to the Flag led by Vice Mayor McCray 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: REVIEWERS: Department Reviewer Action Date 1.A. OPENING ITEMS 9/8/2016 Page 7 of 675 City Clerk Pyle, Judith Approved 8/29/2016 - 3:27 PPA Page 8 of 675 2.A. OTHER 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Conduct First Public Budget Hearing for FY 2016/2017 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R16-106 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2016-2017. PROPOSED RESOLUTION NO. R16-107 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2016-2017. EXPLANATION OF REQUEST: Staff will provide a budget overview (power point). As a result of the Budget Workshops that were held on July 18th and 19th, 2016 the City Commission approved a proposed millage rate of 7.9000 mills. Also the following changes have been incorporated into the proposed budget after the Budget Workshops. 1) Adjustments to Various General Fund Revenue: • Increase in Property Taxes $ 74,215 • ILA -CRA Community Standards $134,000 • Increase ILA -CRA Policing $ 63,000 2) Adjustment to Fund Balance Appropriation for General Fund: • Increase $453,715 from City Mgr proposed amount of $426,213 to a needed fund balance appropriation of $879,928. 3) Reduce following departments: • Police (Div 2110)-TFR person to Traffic Fund ($169,064) • Fire-AFG grant match ($ 62,256) 4) Increase the following • Transfer to Golf Course $300,000 • Recreation -Expand open pool hrs-staff $ 11,000 • Fire -6 Firefighters 4/1/17-9/30/17 $210,000 5) Adjustments relating to Employee Health Clinic Agreement: • Decrease Police(Div2110)-physicals ($90,000) • Decrease Fire(Div2210)-physicals ($65,000) • Increase Transfer to Risk(Fund 522) -Clinic $326,850 6) Adjustments related to Community Standards: • Decrease Police (Div 2111) -Personnel ($996,330) • Decrease Fire (Div2210)-Personnel ($849,724) • Decrease Development (Div 2410) -Personnel ($57,229) • Community Standards Department (Div 2211) $2,166,683 The proposed FY 16/17 General Fund Budget is $79,274,516 compared to the adopted FY 15/16 General Page 9 of 675 Fund Budget of $76,518,564, an increase of $2,755,952 or 3.6%. 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 REVIEWERS: Department Finance Legal Finance City Manager Description Page 10 of 675 Reso - Proposed Millage Reso-TentativeBudget Reviewer Action Date Howard, Tim Approved 8/31/2016 - 9:11 AM Swanson, Lynn Approved 813112016 - 10:42 AM Howard, Tim Approved 813112016 - 10:43 AM LaVerriere, Lori Approved 91212016 - 8:22 AM Page 10 of 675 I RESOLUTION R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING A PROPOSED MILLAGE RATE 5 FOR THE CITY'S GENERAL OPERATING FUND FOR 6 THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND 7 ENDING SEPTEMBER 30, 2017, ANNOUNCING THE 8 PERCENT, IF ANY, THE PROPOSED MILLAGE RATE 9 EXCEEDS THE ROLLED -BACK RATE; ANNOUNCING 10 THE DATE, TIME AND PLACE OF THE SECOND AND 11 FINAL PUBLIC HEARING ON THE BUDGET AND 12 MILLAGE RATE; PROVIDING FOR SEVERABILITY, 13 CONFLICTS AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, a tentative budget has been prepared estimating expenditures and 16 revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed 17 information, including revenues to be derived from sources other than ad valorem levy, and 18 the administrative staff of the City has made recommendations as to the amount necessary 19 to be appropriated for the ensuing year; and 20 WHEREAS, the City Commission has conducted a public hearing and considered 21 the recommendations, the suggested tentative budget, and the proposed millage necessary to 22 be levied to carry on the government of the City for the ensuing year; 23 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 24 outlined in Florida Statutes Section 200.065. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The proposed Millage Rate for the 2016-2017 Fiscal Year shall be 31 7.9000 for the General Fund. 32 Section 3. A copy of the tentative budget shall be published in one issue of a Page 11 of 675 33 newspaper published in Palm Beach County, Florida, and at the same time the public will be 34 notified of a public hearing to be held on the 20th day of September, 2016, at 6:30 P.M. for 35 the purpose of hearing suggestions, agreements, objections or criticisms of the tentative 36 budget and millage. This meeting is for the purpose of setting a final tax levy and final 37 budget. 38 Section 4. The proposed millage rate is 7.02 % above the computed rolled 39 back rate of 7.3816 40 Section 5. If any clause, section, or other part of this Resolution shall be held by 41 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 42 invalid part shall be considered as eliminated and shall in no way affect the validity of the 43 other provisions of this Resolution. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Section 6. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE Page 12 of 675 I RESOLUTION R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND 6 ENDING SEPTEMBER 30, 2017; PROVIDING FOR 7 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8 DATE. 9 10 WHEREAS, a tentative 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 tentative budget 17 and 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 tentative budget of the City of Boynton Beach, Florida, for 24 the fiscal year beginning October 1, 2016 and ending September 30, 2017, a copy of which 25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made 26 to maintain and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of $ 79,274,516 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 $ 973,900 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 13 of 675 34 Section 5. That there is hereby appropriated the sum of $ 1,200,000 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 $ 234,254 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 $ 250,459 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 $ 863,591 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 $ 9,401,000 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 $ 1,948,388 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 $ 209,020 to the 54 Parks & Recreation Facilities Trust Fund for the payment of transfers to other funds and 55 capital outlays pursuant to the terms of the above budget. 56 Section 12. That there is hereby appropriated the sum of $ 42,245,296 to the 57 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 58 transfers to other funds, and necessary capital outlay. 59 60 2 Page 14 of 675 61 Section 13. That there is hereby appropriated the sum of $ 16,822,000 to 62 the Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 63 capital outlays pursuant to the terms of the above budget. 64 Section 14. That there is hereby appropriated the sum of $ 2,043,792 to the 65 Golf Course Enterprise Fund for operating expenditures, transfer to other funds, and 66 necessary capital outlays. 67 Section 15. That there is hereby appropriated the sum of $ 11,367,066 to the 68 Solid Waste Enterprise Fund for the payment of operating expenditures, transfers to other 69 funds and necessary capital outlays. 70 Section 16. That there is hereby appropriated the sum of $ 5,727,258 to the 71 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 72 transfers to other funds, and necessary capital outlays. 73 Section 17. That there is hereby appropriated the sum of $ 305,208 to the 74 Warehouse Internal Service Fund for the payment of operating expenditures, transfers to 75 other funds, and necessary capital outlays. 76 Section 18. That there is hereby appropriated the sum of $ 5,071,095 to the 77 Self -Insurance Internal Service Fund for the payment of operating expenditures, transfers 78 to other funds, and necessary capital outlays. 79 Section 19. That there is hereby appropriated the sum of $ 350,218 the 80 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 81 other funds, and necessary capital outlays. 82 Section 20. A copy of the tentative budget summary shall be published in one 83 issue of a newspaper published in Palm Beach County and at the same time the public will 84 be notified of a public hearing to be held on the 20th day of September, 2016, at 6:30 P.M. 85 for the purpose of hearing suggestions, agreements, objections or criticisms of the final 86 budget and millage. This meeting is for the purpose of setting a final ad valorem tax levy 87 and final budget. 88 Section 21. All delinquent taxes collected during the ensuing fiscal year as 89 proceeds from levies of operation millages of prior years are hereby specifically 90 appropriated for the use of the General Fund. 3 Page 15 of 675 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Section 22. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 23. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 24. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello 4 VOTE YES NO Page 16 of 675 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 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: REVIEWERS: Department City Clerk 2.B. OTHER 9/8/2016 Reviewer Action Date Foyle, Judith Approved 8/29/2016 - 8:27 FSM Page 17 of 675 433 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Florida Festivals and Events Association (FFEA) SUNsational Awards Presentation by Dan Goode, President. EXPLANATION OF REQUEST: The City of Boynton Beach received three SUNsational Awards at last month's Florida Festivals and Events Association (FFEA) Annual Conference. In the category of Event Recap/Annual Report ($49,999 and under), the Recreation and Parks Department received the 1st Place Award for their Annual Report and the Communications Office received the 2 nd Place Award for the Annual Report/Calendar. In the category of Photography ($49,999 and under), the Recreation and Parks Department received the 2nd Place Award for a photograph of their Mother's Day Tea at Intracoastal Park Clubhouse. The SUNsational Awards Competition recognizes the creativity, innovation and excellence of its members. Overall, 400 entries were received and judged. In addition, the Community Redevelopment Agency (CRA) received nine awards; three of which the City partnered in the programming and marketing of the events — the Martin Luther King Celebration and Project Seahorse. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By submitting marketing materials to award programs, such as the Florida Festivals and Events Association, the City of Boynton Beach events, activities and amenities receive exposure to thousands. The Florida Festivals and Events Association displayed all entries during their Annual Conference and highlighted the award winners. Each winning entry was shown on a PowerPoint presentation at their Annual Awards Banquet. A list of winning entries are listed on their website. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: Do not do permit the presentation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 18 of 675 Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 8/31/2016 - 6:59 AM 8/31/2016 - 9:00 AM 91212016 - 6:26 AM Page 19 of 675 410 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Library staff to announce a new library program for Boynton Beach Residents: Career Online High School (CONS). EXPLANATION OF REQUEST: Beginning September 12th, 2016, the Boynton Beach City Library will begin offering qualified residents the opportunity to earn an accredited high school diploma and credentialed career certificate through Career Online High School, a program brought to public libraries by Gale, a part of Cengage Learning. Part of the world's first accredited, private online school district, Career Online High School is specifically designed to reengage adults into the education system and prepare them for entry into post -secondary career education or the workforce. Potential students must have knowledge of basic computer skills, be at least 19 years of age and must have the ability to speak and read English. Boynton Beach City Library will award free scholarships on a limited basis for Career Online High School to qualified learners looking to earn a high school diploma and advance their careers. The Career Online High School project is brought to you through a partnership with the State of Florida. Residents can learn more about Career Online High School at the Boynton Beach City Library or by visiting the library's web site at boyntonlibrary.org/cohs. For more information or questions, please contact Jeannie Taylor at 561.742.6396 or through email at cohs@boyntonlibrary.org. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This program will improve the lives of Boynton Beach residents wishing to improve their educational goals. FISCAL IMPACT. None ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 20 of 675 REVIEWERS: Department Reviewer Action Library dark, Craig Approved Assistant City Manager Howard, Tim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 6/25/2016 - 5:05 PPA 8/26/2016 - 9:06 AM 8/26/2016 - 9:06 AM 912/2016 - 6:21 AM Page 21 of 675 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the "Nickelodeon Worldwide Day of Play" event, which will be held at Barrier Free Park on Saturday, September 17, 2016 from 10 a.m. to 1:00 p.m. EXPLANATION OF REQUEST: As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department invites children 4 - 13 years old and their families to the "Nickelodeon Worldwide Day of Play". This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. This event will include many fun activities and games, including water slides, SpongeBob competitions, karaoke stage, Kids Fun Expo and food trucks. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This event will not affect other City programs or services. FISCAL IMPACT. Budgeted Expenses are included in the Department budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Description Flyer Page 22 of 675 Department Reviewer Action Date Recreation & Parks Majors, Wally Approved 8/16/2016 - 11:12 AM Assistant City Manager Groff, Colin Approved 8/29/2016 - 2:43 PPA Finance Howard, Tim Approved 8/29/2016 - 3:38 PPA City Manager LaVerriere, Lori Approved 9/2/2016 - 8:24 AM Page 23 of 675 Beach RecreationI 1 S7� 8�11 � r u1` �' ,rift t �114 I 2 11 g, Turn off the TV and come play! Congress Ave. Barrier Free Park 3:111 S Congress Ave. 1561-742-6569 Fees Bus Slhuttle From Caloosa Park, 5.A. ADMINISTRATIVE 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 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 exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 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: ATTACHMENTS: Type Description Page 25 of 675 REVIEWERS: Department City Clerk Reviewer Appointments Shaffer Brevda Action Approved Date 8/29/2016 - 3:27 PPA Page 26 of 675 Arts Commission II McCray Reg 3 yr term to 12117 III Romelus Reg 3 yr term to 12/17 IV Casello Alt 1 yr term to 12/16 Applicants None Building Board of Adjustments and Appeals I Katz Reg 3 yr term to 12/17 Applicants RM Education and Youth Advisory Board I Katz Alt 1 yr term to 12/16 Tabled (2) II McCray Alt 1 yr term to 12/16 Tabled (2) _.. None Historic Resources Preservation Board Mayor Grant Reg 3 yr term to 4/17 Applicants Jason Shaffer - Current Alternate wants to move up to Regular Senior Advisory Board I Katz Reg 2 yr term to 12/16 IV Casello Alt 1 yr term to 12/16 Tabled (2) Mayor Grant Alt 1 yr term to 12/16 Tabled (2) Applicants Michael Brevda Page 27 of 675 Pyle, Judith From: Jason Shaffer <jason.shaf@gmail.com> Sent: Thursday, September 01, 2016 5:08 PM To: Pyle, Judith Cc: Adams, Warren Subject: Re: Historic Resources Preservation Board Good evening Judith, My name is Jason Shaffer and I am an alternate of the NRPB. If possible I would appreciate your consideration for a seat on the board currently held by Michelle Dion. Please let me know. All the best, Jason Shaffer About.me/Jason.shaf On Sep 1, 2016, at 2:15 PM, Adams, Warren <AdamsW@bbflus> wrote: Hi Jason, Michelle is no longer able to sit on the NRPB. If you would like to apply for her regular position rather than remain an alternate, can you please let Judith, the Interim City Clerk, know. Her email is below. Thanks! rVr Warren Adams Historic Preservation Planner Senior Development, Planning Et Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6757 AdamsW@bbft.us I www. boynton -beach. or x America's Gateway to the Gulfstream Please be advised that Florida has a broad public records low and all correspondence to me via email may be subject to disclosure. Under Florida records low, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Page 28 of 675 Pyle, Judith From: Adams, Warren Sent: Thursday, September Ol,20I62:06PM To: Pyle, Judith Subject: FW: BBHP8 Hi Judith, Below is an email from Michelle Dion who is no longer able to fulfill her commitments to the Historic Resources Preservation Board. Can you please start the process for appointing a new member? if one of the current alternates wishes to take over Michelle's regular position do they have to re -apply or can they just contact you to request the regular position? Warren Adams Historic Preservation Planner Senior Development, Planning FtZoning City ofBoynton Beach 100 E. Boynton Beach Blvd. | Boynton Beach, Florida 33435 o: 561'74I'6757 AdamsYY@bbf(.um | vwvw.bovnton-bpackorg America's Gateway to the Gulfstrearn Please be advised that Florida has abroad public records low and all correspondence tome via email maybembject to disclosure. Under Florida records law, email addresses are public records, Therefore, youe-mail communication and your e-mail address may uvsubject * public disclosure. From: nlicheUedk)n Sent: Thursday, September01, 2016 1:00 PM To: Adams, Warren Subject: BBHPB |'nl out of t0VVO again. this time VnU| mid NoVBrDber. After many years with the board, currently |mmunable tofulfill myduties to the city board. Please consider replacing me. I Page 29 of 675 From: mJb <noreply@123contactform.com> Sent: Monday, August 08, 2016 2:17 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/08/2016 Name Michael Brevda Gender Male Phone number 954-261-4955 Address 3635 Jamestown Lane Boynton Beach FL 33435 United States Email mjb@DCWLaw.com Current occupation or, if retired, prior Elder Abuse Attorney occupation Education Law Degree Are you a registered Yes oil - voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "Yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Senior Advisory Board Page 30 of 675 Persdnal * I have dedicated my practice to helping wrongfully injured seniors. I am already a Qualifications member of some state and national senior victims' rights groups, but I would love to do something more local in nature. My wife and I live in Boynton and I think I can add a lot to the Senior Advisory Board. Thanks for your consideration. For more on me, please visit: www.dewlaw.com/michael-brevda Professional American Association for Justice Memberships Florida Association for Justice Palm Beach County Justice Association Nursing Home Litigation Group (AAJ) Florida Blue Key Florida Bar Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 173.162.81.185 (United States) at 2016-08-08 13:16:45 on Chrome 51.0.2704.103 Entry ID: 174 Page 31 of 675 6.A. CONSENTAGENDA 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-108 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. EXPLANATION OF REQUEST: Per Florida Statute 420.9072 State Housing Initiatives Partnership (SHIP) Program funds, the City of Boynton Beach receives an allocation of funds which "were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing -related employment." The Statute requires that each county or eligible municipality submit to the Florida Housing Finance Corporation an annual report of its affordable housing programs and accomplishments utilizing SHIP funds through June 30, the close of the state fiscal year. The report shall be certified as accurate and complete by the local government's chief elected official or his designee. The statute also requires that the report be made available for public inspection and comment prior to transmitting to the corporation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Failure to submit the report could affect the City's ability to receive SHIP funds. FISCAL IMPACT. Budgeted The ability to receive funds as they remain available. This year, the City expects to receive $460,369 to assist with its housing programs. ALTERNATIVES: None at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 32 of 675 Grant Amount: ATTACHMENTS: Reviewer Type D Resolution D Attachment D Exhibit D Exhibit REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving the SHIP Annual Report Report Certification SHIP Report FY 2014/15 SHIP Report FY 2015/16 Action Date Approved 8/24/2016 - 2:46 FOIA Approved 8/25/2016 - 8:37 AKA Approved 8/26/2016 - 9:09 AKA Approved 8/31/2016 - 3:51 FOIA Approved 9/2/2016 - 8:25 AM Page 33 of 675 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 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ANNUAL REPORT; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SIGN THE CERTIFICATION TO ACCOMPANY THE REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts; and WHEREAS, the City receives an allocation of funds which, pursuant to F.S. 420.9072 were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing and to increase housing related employment; and WHEREAS, the Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Agency each year a report of its affordable housing programs and accomplishments through June 30th of each year; and WHEREAS, the report shall be certified as accurate and complete by the local government's chief elected official or his or her designee; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorize the C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\49BE36EF-A5C4-4141-A3DF-7D0001928663\Boynton Beach. 3896.1.SHIP_Annual Report (2016)_-_Reso.doc Page 34 of 675 29 Mayor to execute the Certifications to accompany the report. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorizes the Mayor or his designee to sign the Certification to accompany the report. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\49BE36EF-A5C4-4141-A3DF-7D0001928663\Boynton Beach. 3896.1.SHIP_Annual Report (2016)_-_Reso.doc Page 35 of 675 State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of the City Of Boynton Beach, I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year N/A and interim years 2014/2015 and 2015/2016. 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $0.00. 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $0.00. Staff member responsible for submitting report to FHFC: Octavia Sherrod, Community Improvement Manager Page 36 of 675 r ,. ,_ : C_ f 1' C� : -_. 1(= �. �. h'y f 1 "h f� r t f ,7( (1( `: hi : ��. ,': } �kI I4I f't ,,.I II's'I I.e I G'"t l,.i S='I Page 36 of 675 Form 1 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Title: SHIP Annual Report Report Status: Unsubmitted Boynton Beach FY 2014/2015 Interim -1 Page 1 Page 37 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 SHIP Distribution Summary Homeownership 1 Purchase Asst. w/Rehab $25,000.00 1 $20,000.00 1 2 Purchase Asst. w/o Rehab $180,000.00 4 3 Rehabilitation $91,292.37 3 Homeownership Totals: $205,000.00 5 $111,292.37 4 Rentals Rental Totals: Subtotals: $205,000.00 5 $111,292.37 4 Additional Use of Funds Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 1 $118.801 1 $33,923.301 1 $80.561 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended I $340,421.00 Encumbered I $1,611.21 Unencumbered I IUnits Code Strategy Amount Units Amount Units Amount $8,382.82 Rental Totals: Subtotals: $205,000.00 5 $111,292.37 4 Additional Use of Funds Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 1 $118.801 1 $33,923.301 1 $80.561 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $340,421.00 Program Income (Interest) $1,611.21 Program Income (Payments) Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $8,382.82 Total: $350,415.03 Form 2 Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 Page 38 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Fffprtik/p nptp. 11 19nnq Rental Unit Information V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $205,000.00 21.48% Public Moneys Expended $27,900.00 2.92% Private Funds Expended $686,564.00 71.94% Owner Contribution $34,845.88 3.65% Total Value of All Units $954,309.88 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab I Homeownership 1 $306,378.901 $340,421.001 90.00%1 65% 1 lConstruction / Rehabilitation 1 $306,378.901 $340,421.001 90.00%1 75% Program Compliance - Income Set -Asides Extremely Low $60,000.00 $46,000.00 Very Low Low $90,000.00 $25,292.37 Moderate $55,000.00 $40,000.00 Over 120%-140% Totals: $205,000.00 $111,292.37 Project Funding for Expended Funds Only Extremely Low $60,000.00 1 $60,000.00 1 Very Low $.00 0 Low $90,000.00 2 $90,000.00 2 Moderate $55,000.001 2 1 $55,000.00 2 Totals: $205,000.00 5 $.00 0 $205,000.00 5 Page 3 Page 39 of 675 $106,000.00 30.25% $.00 .00% $115,292.37 32.90% $95,000.001 27.11 o $.00 .00% $.00 $316,292.37 90.26% Extremely Low $60,000.00 1 $60,000.00 1 Very Low $.00 0 Low $90,000.00 2 $90,000.00 2 Moderate $55,000.001 2 1 $55,000.00 2 Totals: $205,000.00 5 $.00 0 $205,000.00 5 Page 3 Page 39 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Form 3 Number of Households/Units Produced Totals: 1 2 2 5 Characteristics/Age (Head of Household) List Unincorporated Devel. and Each and Each 2-4 5+ Farm Description Municipality Strategy Municipality ELI VLI Low Mod Total Purchase Asst. Boynton Beach 1 1 Other 1 1 w/Rehab I I I I I I Purchase Asst. w/o Boynton Beach 1 21 21 1 Rehab 1 1 1 Totals: 1 2 2 5 Characteristics/Age (Head of Household) Totals: 3 2 5 Family Size List Unincorporated Devel. and Each and Each 2-4 5+ Farm Description Municipality Description Municipality 0-25 26-40 41-61 62+ Total Purchase Asst. Boynton Beach 1 1 Other I 1 w/Rehab I I I I I I Purchase Asst. w/o Boynton Beach 21 21 I Rehab 1 Boynton Beach 1 Totals: 3 2 5 Family Size Totals: 3 2 5 Race (Head of Household) List Unincorporated Devel. and Each 1 2-4 5+ Farm Description Municipality Person People People Total Purchase Asst. Boynton Beach White 1 anic 1 w/Rehab Other I I I I Purchase Asst. w/o Boynton Beach 21 21 1 Rehab I 1 I Totals: 3 2 5 Race (Head of Household) Totals: 1 3 1 5 Demographics (Any Member of Household) List Unincorporated Devel. and Each Farm Dis- Hisp- Amer - Description Municipality White Black anic Asian Indian Other Total Purchase Asst. Boynton Beach 1 1 w/Rehab I I I Purchase Asst. w/o Boynton Beach 31 1 14 Rehab 1 1 1 1 1 Totals: 1 3 1 5 Demographics (Any Member of Household) Page 4 Page 40 of 675 List Unincorporated Devel. and Each Farm Dis- Home - Description Municipality Worker abled less Elderly Other Other Total Purchase Asst. Boynton Beach 0 w/Rehab Page 4 Page 40 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Purchase Asst. w/o Boynton Beach 220 SW 3rd Street Boynton Beach 33435 $25,000.00 1 w/Rehab 1 Rehab Purchase Asst. w/o Martha 406 SW 9th Avenue Boynton Beach Totals: E Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Expended Funds $205,000.00 Purchase Asst. Pamelina 220 SW 3rd Street Boynton Beach 33435 $25,000.00 w/Rehab Baglio Purchase Asst. w/o Martha 406 SW 9th Avenue Boynton Beach 33435 $60,000.00 Rehab Mendoza Purchase Asst. w/o Jackson 408 SW 9th Avenue Boynton Beach 33435 $30,000.00 Rehab Adhemar Purchase Asst. w/o Tanicsha 153 West MILK Jr. Boynton Beach 33435 $45,000.00 Rehab Lowery Blvd. Purchase Asst. w/o Andre Elisma 147 West MILK Jr. Boynton Beach 33435 $45,000.00 Rehab Blvd. Form 5 Boynton Beach 2014 Interim -1 E Page 5 Page 41 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 2 Purchase Asst. w Rehab $60,000.00 1 3 Rehabilitation $46,000.00 1 Special Needs Category Breakdown by Strategy (2) Purchase Asst. w/o Rehab (3) Rehabilitation Receiving Supplemental Security Income Developmental Disabilities LG Submitted Comments: $60,000.00 $46,000.00 Page 6 Page 42 of 675 Form 1 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Title: SHIP Annual Report Report Status: Unsubmitted Boynton Beach FY 2015/2016 Interim -2 Page 1 Page 43 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/200e SHIP Distribution Summary Homeownership 2 Purchase Asst. w/o Rehab $28,050.001 1 1 $90,000-001 21 $60,000.00 1 2 3 Rehabilitation 1 $100,000.001 21 $51,912.48 1 1 Homeownership Totals: $28,050.00 $190,000.00 4 $111,912.48 3 Rentals Rental Totals: Subtotals: $28,050.00 1 $190,000.00 4 $111,912.48 3 Additional Use of Funds Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $34,849.50 $858.79 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended $348,495.00 Encumbered $800.45 Unencumbered IUnits Code Strategy I Amount Units I Amount Units I Amount $.00 Rental Totals: Subtotals: $28,050.00 1 $190,000.00 4 $111,912.48 3 Additional Use of Funds Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $34,849.50 $858.79 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $348,495.00 Program Income (Interest) $800.45 Program Income (Payments) $16,375.32 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $.00 Total: $365,670.77 Form 2 Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 Page 44 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date- 11/2009 Rental Unit Information V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $28,050.00 30.24% Public Moneys Expended $26,912.48 .00% Private Funds Expended $59,500.00 64.15% Owner Contribution $5,200.51 5.61% Total Value of All Units $92,750.51 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab I Homeownership 1 $308,737.801 $348,495.001 88.59%1 65% 1 lConstruction / Rehabilitation 1 $308,737.801 $348,495.001 88.59%1 75% Program Compliance - Income Set -Asides Extremely Low Very Low $100,000.00 Low $28,050.00 $90,000.00 Moderate Over 120%-140% Totals: $28,050.00 $190,000.00 Project Funding for Expended Funds Only .00% 41.02% 41.85% 7.36% .00% 90.23% Extremely Low $.00 01 Very Low $.00 0 Low $28,050.00 1 $28,050.00 1 Moderate I 1 $.00 0 Totals: $28,050.00 1 $.00 0 $28,050.00 1 Page 3 Page 45 of 675 $.00 $50,000.00 $150,000.00 $35,000.00 $153,050.00 $26,912.48 $26,912.48 $.00 $111,912.48 $329,962.48 .00% 41.02% 41.85% 7.36% .00% 90.23% Extremely Low $.00 01 Very Low $.00 0 Low $28,050.00 1 $28,050.00 1 Moderate I 1 $.00 0 Totals: $28,050.00 1 $.00 0 $28,050.00 1 Page 3 Page 45 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Form 3 Number of Households/Units Produced Totals: 1 1 Characteristics/Age (Head of Household) List Unincorporated Devel. and Each and Each 2-4 5+ Farm Description Municipality Strategy Municipality ELI VLI Low Mod Total Purchase Asst. w/o Boynton Beach 1 1 1 Total 1 Rehab 1 Totals: 1 1 Characteristics/Age (Head of Household) Totals: 1 1 Family Size List Unincorporated Devel. and Each and Each 2-4 5+ Farm Description Municipality Description Municipality 0-25 26-40 41-61 62+ Total Purchase Asst. w/o Boynton Beach 1 1 Other Total 1 ,Rehab 1 Totals: 1 1 Family Size Totals: 1 1 Race (Head of Household) List Unincorporated Devel. and Each 1 2-4 5+ Farm Description Municipality Person People People Total Purchase Asst. w/o Boynton Beach 1 Black anic 1 Rehab Other Total Purchase Asst. w/o Boynton Beach Totals: 1 1 Race (Head of Household) Totals: 1 Demographics (Any Member of Household) E List Unincorporated Devel. and Each Farm Dis- Hisp- Amer - Description Municipality White Black anic Asian Indian Other Total Purchase Asst. w/o Boynton Beach 1 1 Rehab Totals: 1 Demographics (Any Member of Household) E Totals: 0 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Page 4 Page 46 of 675 List Unincorporated Devel. and Each Farm Dis- Home - Description Municipality Worker abled less Elderly Other Other Total Purchase Asst. w/o Boynton Beach 0 Rehab Totals: 0 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Page 4 Page 46 of 675 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Expended Funds $28,050.00 Purchase Asst. w/o Jermaine 2121 W. Woolbright Boynton Beach 33426 1 $28,050.001 1 Rehab lBueford I Rd. #K103 1 1 Boynton Beach 2015 Interim -2 Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 2 Purchase Asst. w Rehab $45,000.00 1 3 Rehabilitation $24,699.00 1 Special Needs Category Breakdown by Strategy (2) Purchase Asst. w/o Rehab (3) Rehabilitation Receiving Social Security Disability Insurance Developmental Disabilities $45,000.00 $24,699.00 Page 5 Page 47 of 675 LG Submitted Comments: Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Page 6 Page 48 of 675 M CONSENTAGENDA 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-109 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Linda Olden Grego for the property at 1033 Ridge Road, Lantana, FL 33462. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Federal Highway and North of Miner Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Non -budgeted Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. Although it is highly unlikely that refusal to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 49 of 675 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Agreement D Agreement REVIEWERS: Department Reviewer Utilities -Customer Service Groff, Colin Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving WSA for 1033 Ridge Rd 1033 Ridge Road W 1033 ridge road backup Action Date Approved 8/29/2016 - 2:41 PPA Approved 8/29/2016 - 2:41 PPA Approved 8/29/2016 - 3:34 PPA Approved 8/31/2016 - 4:27 PPA Approved 9/2/2016 - 8:25 AM Page 50 of 675 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND LINDA OLDEN GREGO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1033 Ridge Road, Lantana, FL 33462 (Parcel Control Number 00-43-45-09-08-000-0290); and WHEREAS, the parcel covered by this agreement is a single-family home located in the unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner requests that the City provide potable water in the future; and WHEREAS, no additional construction is required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and Linda Olden Grego. A copy of such Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\750E4786-6E6C-4E84-A482-OF2A795E7FA4\Boynton Beach. 3899.1.1033_ Ridge_ Rd_ Water Service_ Agreement-_Reso.docx Page 51 of 675 I PASSED AND ADOPTED this day of , 2016. 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 32 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\750E4786-6E6C-4E84-A482-OF2A795E7FA4\Boynton Beach. 3899.1.1033_ Ridge_ Rd_ Water Service_ Agreement-_Reso.docx Page 52 of 675 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) This Agreement, made on this y of 2 , by and between: and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number (PCN) 00-43-45-09-08-000-029 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires 1 (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. 11KIMMM X:\Customer Relations \Fo 5\Water service Agreements\SA (Individual) 8-2 53 of675 (3).doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIIVHTS AND COVENANT FOR ANNEXATION (Individuals) 8. Any water main extension made under the Agreement shall be used only for Property of the Owner(s), unless written permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be fixrnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Owner(s)'s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. 14. The Owner(s) further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such other laws. The Property shall be subject to annexation at the option of the City at any time eligible under any one or more of the above - referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. 16. It is agreed that the City shall have no liability in the event there is a reduction, impairment, or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in Page 2 of 5 x:\Customer Relations\FORMS \water Service Agreements\W A (individual) 8-2P86i 54 of 675 (3) .doc the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, its Mayor, Members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 18. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. GOEMEMIM X:\customer Relations \FORMS\Water Service Agreements\SA (Individual) 8- 2j2,166 55 of 675 (3) .doc AGREEMENT AND COVENANT FOR ANNEXATION (Individuals) IN WITNESS WBEREOF, the parties hereto have set their hands and seals this day of 20 1 La Sealed and delivered in the presence of - Owner: INDIVIPUAL(S) AS OWNER(S): FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH Owner Name Owner Signature Printed Owner Name �01111mml 041,01MAN ORM I Iwo MO. 14TIMR01wo-i . 4 , . . I i AIM W I I m 111-1 low subscribing witnesses freely and voluntarily and that the individual w provided the following proof of identification: (Notary Seal) EWOT;m X:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-2Pabb 56 of 675 (3).doc AGREEMENT FORWATER SERVICE OUTSIDEl COVENANTAND 1ANNEXATION (Individuals) Lori LaVerriere, City Manager Approved as to Form: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this `day of , 20� (Notary Seal) Notary Pubhc Signature Printed Notwy Public Name My Commission Expires: _ Commission No. x:\Customer Relations\FCS \water Service Agreements\ A (Individual) 8- age' 57 of 675 (3) .doc IRREVOCABLE SPECIAL (Individuals) Me, LINDA OLDEN GR.EGO, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers o 1 OF BOYNTON FLORIDA, shall commence and be in full force and effect on the day of 20 the powers and authority shall be irrevocable by Grantee. X:1Customer Relations\FORMS1Water Service AgreementsTower of Attorney (Individual) 8-22-12 (3).doc Page 58 of 675 f �11 J6 )Le _ 'kk , VA9,11 (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this Q4" -0a* --, in the year 20-14 Sealed and delivered in the presence of: 10 day of First Witness Signature Owner Signature Printed Witness N Printed Owner Name (Notary Seal) AF po 44 090�� SS: EMM Commission No. S TAPOCC XACustorner Relations\FORMS\Water Service AgreementsTower of Attorney (Individual) 8-22-12 (3).doc Page 59 of 675 Page I of I Giv, V [1". M01�N"C = MM, Propertyp A ppraiser 01 Location Address 1033 RIDGE RD Municipality UNINCORPORATED Parcel Control Number 00-43-45-09-08-000-0290 Subdivision RIDGE GROVE IN Official Records Book 25378 Page 940 Sale Date AUG -2012 Legal Description RIDGE GROVE LT 29 & LT 30 (LESS W 10 FT) Mailing address Owners 1033 S RIDGE RD GREGO LINDA OLDEN LAKE WORTH FL 33462 6137 Sales Date Price OR Boo /Page Sale Type Owner AUG -2012 $10 25378 /0940 REP DEED CREGO LINDA OLDEN APR -1991 $100 067771 1214 REP DEED POST ROBERT E III JAN -1973 $18,000 02247/ WARRANTY DEED Exemption Applicant/ caner Year Detail GRECO LINDA OLDEN Number of Units I *Total Square Feet 1114 Acres 0.16 Use Code 0100 - SINGLE Zoning RM - Multi -Family (Medium Density) 00 - FAMILY UNINCORPORATED) Tax Year 2015 2014 2013 Improvement Value $42,485 $32,902 $25,626 Land Value $9,663 $6,930 $6,930 Total Market Value $51,148 $39,832 $32,556 All values are as of January 1st each year Tax Year 2015 2014 2013 Assessed Value $33,308 $33,044 $32,556 Exemption Amount $25,000 $25,000 $25,000 Taxable Value $8,308 $8,044 S Tax Year 0 1, 5 2 1 "11 "1 2013 Ad Valorem $154 $151 $143 Non Ad Valorem $312 $316 $313 Total tax $466 $467 $456 h":Ilwww.co.pahn-beach.fl.uslpapalAspsIPrape rtyDetaillPrope rtyDetail.aspx?pa-rcel=0043... P@90%of 675 Gary R. Nikolks, CF Property S M t�th COUM Owner Name: GREGO LINDA 0 . LDENi Parcel CantFol Number: 00-43-45-09-08-000-02911 Location Address: 1033 RIDGE RD Homestead Exemption Sketch for Building I . 6. M I -1T15 TIM -19 M �w �i .. fes. . Page 62 of 675 - r ryALUMMIN mCD �w �i .. fes. . Page 62 of 675 mCD y LAT 38 m LOT 38.6 LOT -30 LOT 29 'es P4.2' r4 �w �i .. fes. . Page 62 of 675 mCD y �w �i .. fes. . Page 62 of 675 6.C. CONSENTAGENDA 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-110 -Approve and authorize signing of an Agreement for Water Service outside the City limits with Laura Guy, Trustee of the 1206 Highview Road Land Trust dated 5-26-16 for the property at 1206 Highview Road, Lantana, FL 33462. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Federal Highway and North of Miner Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Non -budgeted Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny the request to provide service. Although it is unlikely that refusal to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 63 of 675 Grant Amount: ATTACHMENTS: Type D Resolution D Agreement D Attachment REVIEWERS: Department Reviewer Utilities -Customer Service Groff, Colin Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving W 1206 Highview Road wsa 1206 Highview Road 1206 Hgihview Road backup Action Date Approved 8/29/2016 - 2:41 PPA Approved 8/29/2016 - 2:41 PPA Approved 8/29/2016 - 3:35 PPA Approved 8/31/2016 - 4:15 PPA Approved 9/2/2016 - 8:26 AM Page 64 of 675 I RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO SIGN AN AGREEMENT FOR 6 WATER SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND LAURA GUY, TRUSTEE 9 OF THE 1206 HIGHVIEW ROAD LAND TRUST; 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, at 1206 Highview Road, Lantana, FL 33462 (Parcel Control 15 Number 00-43-45-09-09-000-1820); and 16 WHEREAS, the parcel covered by this agreement is a single family home located in 17 the unincorporated Palm Beach County portion of the City's utility service area; and 18 WHEREAS, the property historically receives water from a well and the owner 19 requests that the City provide potable water in the future; and 20 WHEREAS, no additional construction is required by the City to serve this property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to sign a Water Service Agreement between the City of Boynton Beach, Florida and Laura 28 Guy, Trustee of the 1206 Highview Road Land Trust. A copy of such Agreement is attached 29 hereto as Exhibit "A". C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\577721D6-2C5B-469F-A7A0-Al2E7356B752\Boynton Beach. 3898.1.1206_Highview Road Water Service_ Agreement-_Reso.docx Page 65 of 675 I 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 32 33 34 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\577721D6-2C5B-469F-A7A0-Al2E7356B752\Boynton Beach. 3898.1.1206_Highview Road Water Service_ Agreement-_Reso.docx Page 66 of 675 This Agreement, made on this 11 day of A_ u ug_st, 20, 2016 by and between: and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number CN) 00-43-465-09-09-222-1 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires 1 (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. X:\Customer Relations\Fo S\Water service Agreements\WSA (Individual) s-2Pag (3) .doc e 67 Of 675 AND ►: ANNEXATION COVENANT (Individuals) 1 S. Any water main extension made under the Agreement shall be used only for Property of the Owner(s), unless written permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Owner(s)'s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. 14. The Owner(s) further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such other laws. The Property shall be subject to annexation at the option of the City at any time eligible under any one or more of the above - referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. 16. It is agreed that the City shall have no liability in the event there is a reduction, impairment, or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in (3).doc - 68 the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 17. The Owner(s) hereby agrees to indemnity, defend and hold harmless the City of Boynton Beach, its Mayor, Members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 18. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. X:\Customer Relations\FO \water Service Agreements\ S (Individual) 8-22P (3) .doc d e 69 Of 675 F1 AND COVENANT FOR ANNEXATION (Individuals) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of i.a. A 201p. Sealed and delivered in the presence of TWO WITNESSES as to each Owner: First Witness Signature Printed Witness Narne Second Witness Signature FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA )SS. COUNTY OF PALM BEACH Printed Owner Name X:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-2' 12 (3).doc age 70 of 675 ■ETEA 11T FORWATER SERTICE alITSIDE TAEt D COVENANT ■ ANNEXATION (Individuals) ! i i ! (([ 1 ' 1 F-AlwarlITM04. $ oe Approved as to Form: City Attorney STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager and Janet Prainito, City CIerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 20 (Notary Seal) Notary Public Sigeputure Printed Notary Public Name My Commission Expires: Commission No. E (3).doc ..- 71 of 675 I/We, La uy, etas o e 1 vie s , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fast for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 11 day of _ u st , 20 16 and the powers and authority shall be irrevocable by Grantee. ro 19 D113 MEN 1 XACustomer Relations\FORMS1Water Service AgreementsTower of Attorney (Individual) 8-22-12 (3).doc Page 72 of 675 (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this -V— day of in the year 21*. Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: First Witness Signature Printed Witness Name Second Witness Signature Printed Witness Name STATE OF FLORIDA SS: COUNTY OF PALM BEACH INDIVIDUAL(S) AS OWNER(S): THE FOREGOING INSTRUMENT was acknowledged before me and executed the same this day of 20A6 by I ful't (,L- N34-0—� and wh e known to i me or who have produced e following as following o iend rication RGHMMMIM Printed Notary Public Name Commission No. Vllp.�-71-IS�r X:\Customer Relations\FORMS\Water Service Agreements\Power of Attorney (Individual) 8-22-12 (3).doc Page 73 of 675 THIS Al PREPARED BY AND RETURN TO: Independence Title, Inc. 4700 W Prospect Road suite 115 Fort Lauderdale, FL 33309 Our File No.: 2016-722 Property Appraisers Panel Identification (Folio) Number: 00-4345-09-09-000-1820 .JQEM* $69,000.00. Flodda Documentary Stamps in the amount of $ 483.00 have been paid hereon. SPACE ABOVE THIS ME FOR RECORDING DATA t I ITS LYN fe-i-� -LYN T LYN T -LYN T ....................►i= whwe post office address is 11193 Brandywine Lake Way, Boynton Beach, FL 33473, hereinafter called the Gra�tee(s): M' m,signs of in&viduals, and the successors and assigns ofcapporations) WITNESS ETH: That the utor( Al for and in consideration of the sun of TEN AND 00/IM4%MGl !� 4 ,pther valuable considerationsei?A oh wheref is mk; -M - in conveys and confirms unto the Grantee all that certain land situate in Palm Beach County, State of Flmida, Lot 182, Ridge Grove - Addition No. 1, according to the P12t thereo� recorded in Plat Book 22, Page(s) 43, of the Public Records of Palm Beach County, Florida. SUBJECT TO: Conditions, restrictions, reservations, limitations, easements and dedications and taxes for this tax year and subsequent years 1 r warr1nW7tUrat art e e of is conveyance, the subject property is not fte Grantees homestead within the meaning set forth in the Constitution of the State of Florida, nor is it contiguous to or a. part of homestead property. THE INTEREST of the beneficiaries under said Trust is sersonal PM, ieums deWinj git1J1 I ; I' V0UC11Q1W1C3--hf 301MY ILI -ALC rig!LL59 PrUUMM5 W -M aV4MJ3 011ru'W PropertN not in the title, legal or equitable, of said real estate. The &b1lity of the Trustee under this deed and the trust Agreement is limited to the assets of the trust and the Trustee hereunder has no personal liability whatsoever. IV 'T.11 the resimaYon of a M&W071 TO HAVE AND TO HOLD, the same in fee simple forever. land and will defend the same against the lawful claim� of all persons whomsoever; and that said land is free of all encuUhl.! ces, except taxes accruing for the current calendar year and all subsequent years. Page 1 File No.: 2016-722 Page 74 of 675 IN WITNESS WHEREOF, the said Grantor(s) has/have signed and sealed these presents the day and year first above written, 1—M Witness #2 Printed Na �e The foregoing instrument was acknowledged before me this 28th day of July, 2016 by James P. Narducci, Managing Member of JFN F'Vemier Properties, LLC wh,%is/are p me or hasthave produced sTEF,Hmm j. ZALAI SEAL NOTARYPUBUC ame op FLONDA CMO PF04M agm��� Pdated Notary Name Page 75 of 675 Date Of FIe3d Mork - 602016 HIGHVIEW ROAD, LANTANA, FLORIDA 3,3462 Boundary Survey FOUND 0,-- L-QO�(R) HIGHVIEW ROAD NAIL FOUND1206 40 OW(R) 20'ASPHALT ROM 91011'57'(M) -0 ILLEGIBLE r4f) Sq ILLEGIBLE 40.00'R M 9000MR) 00V.0'� cq N FOUND 1/2'IRONt< j PSM5123 00, 7&,- 19. OFLOT181 FOUND 1/2m IRON -. cp LOT 182 20.1' Ui o4 5. ONE STORY ,0' RESIDENCE 10.3' #1206 4.0' 5,' 10g4P R 2.0' 4 0AJC 0 .r ERIN ASIS (ASSUMED TER SERVICE LOT 181 mu REMNIED (PLAT) 10' EASEMENT — NO 112" IROS! ROD& OAP TO EE CAL XE 40.06'(M) 40m'(k) RIDGE GROVE (P. .22, PG.8) 2 OF 2 FOR LEGAL DESCWTION, AND OTHER Lav,#A-.j - i5w - !;3- 7- c)"'I Page 76 of 675 Property, Aoprals'er Location Address 1206 HIGHVIEW RD Municipality UNINCORPORATED Parcel Control Number 00-43-45-09-09-000-1820 Subdivision RIDGE GROVE ADD 1 IN Official Records Book 28418 Page 1270 Sale Date JUN -2016 Legal Description RIDGE GROVE ADD NO I LT 182 i-,,�n-, ze, tr,', ad E,x ie� n rla� No Exemption Information Available. Number of Units 1 *Total Square Feet 1090 Acres 0.09 Use Code 0100 - SINGLE Zoning RM - Multi -Family (Medium Density) ( 00- FAMILY UNINCORPORATED) Tax Year 2015 2014 2013 Improvement Value $42,284 $28,923 Land Value $8,663 $6,930 Total Market Value $50,947 $35 853 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax I All values are as of January 1st each year 2015 2014 $50,947 $o $50,947 2015 2014 $947 $312 $1,259 RM Page I of I $35,853 $22,136 $0 $0 Mailing address $22,136 Owners 2013 $674 $477 $316 $313 $990 $790 9550 SW IST CT rjPN PREMIER PROPERTIES LLC POMPANO BEACH FL 33071 7397 Sales Date Price OR Book/Page Sale Type Owner JUN -2016 $62,000 28418 / 1270 WARRANTY DEED jPN PREMIER PROPERTIES LLC JUN -2015 $10 27632 / 1451 WARRANTY DEED RHA 2 TRS LLC APR -2015 $10 27470/1302 WARRANTY DEED BHA 2 LLC JAN -2014 $65,000 26631 /1269 WARRANTY DEED BHA 2 LLC JAN -2014 $10 26631 /1266 QUITCLAIM ACTIVE DWELLINGS LLC I - No Exemption Information Available. Number of Units 1 *Total Square Feet 1090 Acres 0.09 Use Code 0100 - SINGLE Zoning RM - Multi -Family (Medium Density) ( 00- FAMILY UNINCORPORATED) Tax Year 2015 2014 2013 Improvement Value $42,284 $28,923 Land Value $8,663 $6,930 Total Market Value $50,947 $35 853 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax I All values are as of January 1st each year 2015 2014 $50,947 $o $50,947 2015 2014 $947 $312 $1,259 RM Page I of I $35,853 $22,136 $0 $0 $35,853 $22,136 2013 $674 $477 $316 $313 $990 $790 http://www.co.palm-beach.fl.uslpapalAspsIPropertyDetaillPropertyDetail.aspx?parcel=004... Wq9je2g16of 675 Gerry ikofits, CFA Property Appralser Palm,,Se6ch County Owner Name. RHA 2 TRS LLC Parcel Control Number: 00-43-45-09-09-000-1820 Location Address., 1206 HIGHVIEW RD Structural Element for Building I 1. Exterior CBSTUCCO, Wall 1 2. Year Built 1958 Air 3. Condition HTG & AC Desc. 4. Heat FORCED AIR Type DUCT 5. Heat Fuel NONE C. Bed 2 Rooms 7. Full Baths 1 S. Half 0 Baths 9� Exterior N/A Wall 2 10. Roof GABLE/HIP Structure 11. Roof ASPH/COMP Cover SHG. 12. lriterior WALL BD. all 1 WOOD 13. Intedor N/A W 0 2 14. Floor CERAM/QARY Type I TILE 15. Floor N/A Type 2 I& Storie5 I MIUM Homestead Exemption Sketch for Building 1 r 0;0 NO I CONSENTAGENDA 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-111 - Authorize the City Manager to sign the Recreational Trails Program grant agreement and all related documents from the Florida Department of Environmental Protection in the amount of $28,500. EXPLANATION OF REQUEST: The Recreation & Parks Department has been awarded a grant to purchase and install a floating dock and non -motorized vessel launch at Intracoastal Park. This will enable canoe, kayak and paddle board users to safely and more conveniently launch their non -motorized vessel on to the Intracoastal Waterway. The floating dock will be located behind the Clubhouse so that it directly connects with the existing paved pathway and will provide accessibility to individuals who use a wheelchair or other mobility device. There is a transfer station on the launch area for greater accessibility on to the vessel and into the water. This project is included the Greenway, Bikeway & Trails Plan, which was approved and adopted by the City Commission at their meeting on November 17, 2015 (R# 15-143) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance City programs and services by providing a much more convenient and accessible means of launching a canoe, kayak or paddle board at Intracoastal Park. FISCAL IMPACT. Budgeted The Recreational Trails Program grant is a 1:1 matching grant. The total project cost is estimated at $57,000. The grant is for $28,500. The balance of the project cost will come from Park Impact Fees and is included in the FY 2016/2017 Capital Improvement Plan. Project #: RP1620 Acct. #: 302-4223-572.62-01 ALTERNATIVES: Do not accept the grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 79 of 675 Grant Amount: $28,500 ATTACHMENTS: Type REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving the Recreational Trails Program Grant Agreement Action Date Approved 8/22/2016 - 8:53 AM Approved 8/29/2016 - 2:42 PPA Approved 8/29/2016 - 4:47 PM Approved 8/31/2016 - 2:40 PPA Approved 9/2/2016 - 8:24 AM Page 80 of 675 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT AND ALL DOCUMENTS FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $28,500; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 21, 2015, the City Commission, via Resolution R15-04, approved City staff to apply for a Recreational Trails Program Grant which was a 50/50 matching grant that provides up to a maximum of $200,000 for construction or development of a non -motorized single or diverse use trail, which includes non -motorized blueway trails; and WHEREAS, the Recreation & Parks Department has been awarded the grant in the amount of $28,500 to purchase and install a floating dock and non -motorized vessel launch at Intracoastal Park; and WHEREAS, the launch will enable canoe, kayak and paddle board users to safely and more conveniently launch their non -motorized vessels into the Intracoastal Waterway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the City Manager to sign the Recreational Trails Program Grant Agreement and all related documents from the Florida Department of Environmental Protection in the amount of $28,500 to provide a non -motorized C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C3410899-1B3B-48B8-BA1B-5B34C81E8E54\Boynton Beach. 3894. LApprove_FDEP_Boat Launch Grant - Reso.Doc Page 81 of 675 29 vessel launching facility and floating dock at Intracoastal Park. A copy of the Grant Agreement 30 is attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2016. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 Interim City Clerk 58 59 60 61 (Corporate Seal) 62 63 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C3410899-1B3B-48B8-BA1B-5B34C81E8E54\Boynton Beach. 3894. LApprove_FDEP_Boat Launch Grant - Reso.Doc Page 82 of 675 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RECREATIONAL TRAILS PROGRAM AGREEMENT FOR FISCAL YEAR 2016-2017 Intracoastal Park Trailhead THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F,S.) between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the CITY OF BOYNTON BEACH, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to as "Grantee"), a local government agency, in furtherance of an approved public recreational trail project known as Intracoastal Park Trailhead, Project Number T15031, Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. WHEREAS, the Department is authorized to administer the Recreational Trails Program (RTP), in accordance with 23 United States Code (U.S.C.) §206 and Paragraph 260�016(1)(g), F.'S. ; and, WHEREAS, the Department received federal financial assistance from the U.S. Federal Highway Administration (FHWA) pursuant to Federal -Aid Project Agreement No. RECTO 15 for the purposes of administering RTP funds for recreational trail projects; and, WHEREAS, pursuant to Chapter 62S-2, Florida Administrative Code (F.A.C.), as recommended by the RTP Advisory Committee's priority list and with final approval by the FHWA, the Grantee is a subrecipient of the RTP federal funds being administered and monitored by the Department Thus the Grantee and Department are additionally responsible for complying with the appropriate federal guidelines in performance of the Project activities pursuant to this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to paragraph §260.016, F.S. and Chapter 62S-2, F.A.C., the parties hereto agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perforin in accordance with the terms and conditions set forth in this Agreement, more fully described in Attachment A, Project Work Plan, including all attachments and exhibits named herein, which are attached hereto and incorporated by reference. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implcmcntation of any grant -funded activity that may fall under applicable federal, state or local laws. Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at ht p� �"vwAep St or by contacting the Department's Grant Manager. t an Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, OGT -11, incorporated herein by reference. Upon satisfactory approval by the Department, the Department will issue written notice to proceed to the Grantee to commence the Project, The Grantee shall commence Task Performance within ninety (90) days after the notice to proceed is issued by the Department, unless the Grantee requests an extension in writing for good cause such as natural disaster, which the Department may accept or reject in its sole discretion. DEP Agreement No. T1531, Page I of 19 Approved: 6/13/16 Page 83 of 675 The Department shall terminate this Project Agreement if the Conintencernent-Documentation is not received and approved by the Department within twelve (12) months ofthis F'roJect Agreernent's execution. This time period may be extended by the Department for good cause, such as natural disaster pursuant to subparagraph 62S -2.075(7)(d)3, F.A_.C'.. Unless and until the Department issues written notice of approval authorizing Grantee to cornmence the Project, Grantee shall not incur nor charge, and the Department shall not be obligated to pay or reimburse Grantee for fees, cost, or general expenses of any kind, which incurred doming the commencement approval period except for pre-agreenient casts as more fully described pursuant to paragraphs 62S -2.075(3)(a) -(b), F.A.C. The Grantee agrees to dedicate for ninety-nine (99) years the Project Site(s) and all land within the Project boundaries, which is developed or acquired with RTP funds, as an outdoor recreational area for the use and benefit of the general public in accordance with Rule 62S-2,076, F.A.G. Land under control other than by ownership of the Grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and'. benefit of the general public for a rninimurn of twenty-five (25) years from the completion date set forth in. the Project Completion Certificate. The lease must not be revocable at will; must extend for twenty-five (25) years after project completion date; and roust contain a clause which enables the Grantee to dedicate the land for the twenty-five (25) year period. The dedication must be recorded in the public property records by the Grantee, or in the case o1, a nonprofit. Grantee, by the land owner. Execution of this Agreement by the Department constitutes an acceptance of a Project site(s) dedication on behalf of the general public of the State of Florida. The Project site(s) shall be open at reasonable tinges and shall be managed in a saf c and attractive manner. The Grantee shall obtain [department approval prior to any and all current or future development of facilities on the Project Site(s), which is defined in subsection 62S-2.070(37), F.A.C. This Agreement is not transferable. PERIOD OF AGREEMENT This Agreement: shall begin upon execution by both parties and shall remain in effect no later than two years from the effective date of this Agreement, inclusive. At the written request of the Grantee, the Department may extend this period for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond the Grantee's control. The Grantee shall be limited to two (2) one-year extensions, which requires a formal Amendment to this Agreement. All funds not disbursed after four (d) years shall revert to FHWA pursuant to paragraph 62S -2.675(7)(a), F,A.C.. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, except for those pre -agreement expenses as more fully defined in subparagraphs 62S -2.075(3)(a) -(b), and as further provided for herein. . FUNDING/CONSIDERATION/INVOICING- The Grantee shall be eligible for authorized reimbursement, in whole or in part, for costs pursuant to RTP guidelines, and approved pre -agreement costs, through the expiration date of this Agreement, provided that the cost(s) meet all requirements and financial reporting of the RTP program and, rules and regulations applicable to expenditures of State funds, hereby adopted and incorporated by reference. A. .As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement; the Department shall pay the Grantee on a cost -reimbursement basis up to a maximum of $28,500 towards the total estimated project cost of 457.000. The parties hereto understand and agree that this Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $28,500 through cash or in-kind service cost towards the Project funded under- this Agreement. The Grantee will report all expenditures that are funded under this Agreement to the Department in the Payment Request Summary Form, DRP -11.5, incorporated herein by reference; and provide supporting documentation. RTP funds remaining after termination of a grant award or completion ofproject shall revert to the State's program funds under the provisions of the federal Transportation Equity Act for the 21"Century (TEA -21) .and subsection 62S-2.075(6). F.A.C. Any additional funds necessary for the completion of this Project are the responsibility of the Grantee. DEP Agreement No, TI 5' Page 2 of 19 Approved: 6/13/16 Page 84 of 675 B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent (10%) of the total budget as last approved by the Department, All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between, approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each Deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Payment Request Summary Form, DRP -I 15. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: Lilia-L/L��Lsi-a lt)rjdacfo.coiiii',ctadir%referenc! njidL/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, A final payment request should be submitted to the Department sixty (60) calendar days following to tile completion date of the Agreement, to assure the availability of funds for payment D. Project Costs, Pre -Agreement Costs and Cost Limits: Payment of project costs shall be reimbursed as provided for pursuant to Rule 62S-2,075, F.A.C., and as provided in this Agreement. Costs shall be incurred between the effective date of, and the project completion date identified in, this Agreement except for pre -agreement costs approved by the Department. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and project signs are eligible project expenses. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, and project inspection, are eligible project costs provided that such costs do not exceed fifteen (15) percent of the total Project cost. E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment B, Contract Payment Requirements. The Payment Request Summary Form, DR -P-1 15, shall be accompanied by supporting documentation and other requirements as follows for each deliverable. Reimbursement shall be limited to the following budget categories: Salaries/Wages,(Irantee Labor) -The Grantee may be reimbursed for direct salaries or -C -_- multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) for Grantee's employees, as listed in the Grantee's submitted and approved Detailed Budget to be established in Attachment A, Project Work Plan, Task 1, ii. Overhead/Indirect/General and Administrative Costs - All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by tile State Board of Administration, DEP Agreement No. T1531, Page 3 of 19 Approved: 6/13/16 Page 85 of 675 mat e fienefits (l;rnplo� ec Ftenetits) — Shall be calculated at the rate up to 40% of direct salaries. Indirect Cost — Shall be calculated at the rate of 15% of direct cost. iii. Contractual! ('Subcontractors) - Reimbursement requests for paymenes to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest ort the excessive charges shall be calculated based ort the prevailing rate used by the State Board of Administration. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to cons uhants,contractors in performing the work described in Attachment A. Invoices submittedto the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a cope of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified herein, In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. C, All subcontracts are subject to the provisions of paragraph 13 and any other appropriate provisions ofthis Agreement which affect subcontracting activities. iv. Rental/Lease of Eguipment — Include copies of invoices or receipts to document charges. EEuiyratent — (Capital outlay costing $1,000 or more) — Reimbursement for the purchase of equipment is subject to specific approval of the Department and is governed by Paragraph 23 of this .Agreement. Include copies of invoices or receipts to document authorized purchases, if applicable. vi, Other Expenses (Direct Purchases: Materials and Supplies. Grantee Stock)— For example„ materials, supplies, non -excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the fallowing types of charges: cell phone usage. attorney's fees, civil or administrative penalties, or handling fees, such as set percent overages associated with purchasing supplies or equipment. F. In addition to the invoicing requirements contained herein, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department FTP Agreement No, TI531, Page 4 of 19 Approved: 6/13/16 Page 86 of 675 in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at dacf(-),coiii,aadir,'refereiice Lui ; allowable i de / costs for Federal Programs, awarded prior to December 26, 2014, can be found under 48 Code of Federal Regulations (CFR) Part 31 and 45 CFR Part 74, Appendix E, at _11111Y_,­Avwv�,��and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-102 and A-110 (2 CFR 215) at , for all Federal Programs awarded after December 26, 2014, allowable costs and uniform administrative requirements can be found under 2 CFR 200 and 2 CFR 1201, athttw.e&,gov, G. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. For Federal Awards made PRIOR to December 26, 2014 Organization y1pe Applicable Cost Prins!p!es State, local or Indian tribal government, OMB Circular A-87 (2 CFR 225) Private non-profit organization other than an (1) OMB Circular A-122 (2 CFR 230) institution of higher education, (2) hospital, or (3) Requirements for Federal Awards organization named in ONIB Circular A-122 as not 2 CFR Part 200 Uniform Administrative subject to that circular. Requirements, Costs, Principals and Audit Education Institutions OMB Circular A-21 (2 CFR 220) For-profit organization other than a hospital and an . .... 48 CFR Part 31, Contract Cost Principles organization named in OMB A-122 as not subject and Procedures, or uniform cost to that circular. accounting standards that comply with cost principles acceptable to the federal For-profit organization other than a (1) hospital or agenc . Hospital 45 CFR Subtitle A - Appendix E to Part 74 -Principles for Determining Costs Applicable to Research and Development I Under Grants and Contracts with Hospital -1 Hos itals For Federal Awards made AFTER December 26, 2014 Organization Type Applicable Cost PrinEiples State, local or Indian tribal government, _ 2 CFR Part 200 Uniform Administrative I Requirements, Costs, Principals and Audit Requirements for Federal Awards Private non-profit organization other than an fl) 2 CFR Part 200 Uniform Administrative institution of higher education, (2) hospital, or (3) Requirements, Costs, Principals and Audit organization named in 2 CFR Part 200, Appendix Requirements for Federal Awards Will. Education Institutions 2 CFR Part 200 Uniform Administrative Requirements, Costs, Principals and Audit for Federal Awards For-profit organization other than a (1) hospital or _ES9Mj[EEE2Ls 48 CFR Part 31, Contract Cost Principles (2) education institute. and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal I agency. Hospital -1 2 CFR 200 and 45 CFR Subtitle A Part 75 DEP Agreement No, T1531, Page 5 of 19 Approved: 6/13/16 Page 87 of 675 The accounting systems for all Grantees must ensure that these funds are not commingled with funds front other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantec's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded, ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. The federal funds awarded under this Agreement must comply with The Federal Funding Accountability and Transparency Act (FFA TA) of 2006, The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government, The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.U$ dim, Spengov. Grant Recipients --' - A_ awarded anew Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA, The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Department to comply with this requirement If the total cost of the project exceeds the grant amount, and/or the required match, as applicable, the Grantee must pay the excess cost. 4. ANNUAL APPROPRIATION: The Department's performance and obligation to award program grants are contingent upon an annual allocation by the FHWA and/or appropriation by the Florida Legislature. The Department shall distribute RTP funds as reimbursement grants to applicants eligible pursuant to subsection 62S-2.071(1). F.A.C., The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if federal funding and/or Florida Legislative appropriations are reduced or eliminated. The Grantee shall utilize the Project Status Report, DRP -109, incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the next reporting period. The Project Status Reports shall be submitted to the Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant DEP Agreement No, T1531, Page 6 of 19 Approved: 6/13/16 Page 88 of 675 Manager shall have thirty (30) calendar days to review the required reports and deliverabies submitted by the Grantee. & RETAINAGE: The Department shall retain ten percent (10%) of the grant until the Project has been completed and approved by the Department, Upon completion of the Project and prior to the release of the final payment, the Grantee shall complete and submit all documentation described in the Project Completion Documentation Checklist, incorporated herein by reference, pursuant to RTP requirements as set forth in subsection 62S-2.075(5), F.A.C. The Deparnrient shall perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment. PROJECT COMPLETION CERTIFICATION: Project completion means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement. In order to certify completion, the Grantee shall submit to the Department a Project Completion Certificate, OGT- 14, effective date May 1, 2001, hereby incorporated by reference and available from the Department's Office of Operations, Land and Recreation Grants Section, 3900 Commonwealth Boulevard, Mail Station 550, Tallahassee, Florida 32399-3000, (850) 245-2501 or online at nits'. �E�IL 8. INDEMNIFICATION: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768,28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 9. DEFAULT/TERMINATION/FORCE MAjEURE: A. The Department may terminate this Agreement at any lime if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day's written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance Is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I. Florida Constitution. DEP Agreement No. T1531, Page 7 of 19 Approved: 6/13/16 Page 89 of 675 D, Ifa force ma,jeure occurs That Causes delays or the reasonable likelihood of delay in the fulfillment of` the requirements of this Agreement, the Grantee shall promptly notify the Department orally, Within seven (7) calendar days, the Grantee shall notify the Department in writing ofthe anticipated length and cause ofthe delay, the rneaSLH`eS taken or - to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the pal -ties agree that the delay or anticipated delay was caused, or will be caused by a force inkieure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force nrajeure upon execution I of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an an of God, strike., lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning. Fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably will -lin the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perfbnn by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force ma�jeure event. 10. REMEDIES/FINANCIAL C(3NSEQUENCES: A. No payment will be made for deliverables deemed it nsatis factory by the Department In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sof, discretion, either: I ) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying; the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All GAPS must be able to be implemented and performed in no more than sixty (60) calendar days, A CAP shall be submitted within ten (10) calendar days of the date of the letter request front the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten 0 0) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of tile Department letter rejecting the proposal to submit a revised proposed CAP. Failure, to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan- Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform, No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance, The Grantee shall continue to implement the CAP until all deficiencies are Corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager, iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement asspecified' by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other rernedies in addition to or in lieu of those set forth above, as permitted by the Agreement. DEP Agreement No. 'rl 53 1 .. Page 8 of 19 Approved: 6/13/16 Page 90 of 675 B If the Grantee materially fails to comply with the terms and conditions ofthis Agreement, iiicluding any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. Temporarily withhold cash payments pending correction of tile deficiency by the Grantee, Disallow (beat is. deny both use of funds and 2ny applicable inatchim, credit far) all or part of tile cost of the activity or action not in compliance, iii. Wholly or partly suspend or terminate this Agreement. iv. \Vitlihold further awards for the project or program. Take other remedies that may be legally available, vi. Costs ofthe Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the ,Agreement are not allowable unless the Department expressly authorizes them in tile notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply, a. The costs result from obligations which were property incurred by the recipient before the effective date of suspension or termination. are not in anticipation of it, and in the case of termination, are non cancellable. b. The cost would be allowable if tile Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. C. If the Grantee materially fails to comply with the tennis stated in this Agreement or Chapter 625-2, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest), Ifthe Grantee, fails to comply with this provision, the Department shall declare the Grantee ineligible for further participation in RTP until such time as compliance has been obtained pursuant to subsection 625-2,076 (4). The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689 issued by the President of the United States, ]I. RECORD KEEPING/AUDIT- A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied, The 'United States Department of Transportation (U.S, DOT), the FHWA, U.S. DOT Office of Inspector General, the Comptroller General of the United States, tile Department of Environmental Protection, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the record retention period established ahove, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition. DEP Agreement No. T I S3 1, Page 9 of 19 Approved: 6/13/16 Page 91 of 675 D� The Grantee understands its duty, pursuant to Section 20,055(5), F,S,, to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. E. The rights of access in this paragraph are not limited to the required retention period but last as long as the records are retained. 12. SPECIAL AUDIT REQUIREMENTS; A. in addition to the requirements of the preceding paragraph. the Grantee shall comply with the applicable provisions contained in Attachment C, Special Audit Requirements, attached hereto and made a part hereof. Exhibit I to Attachment C summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy of Exhibit I must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review 1%,lanager at (850) 245-23161 to request a copy of the updated information. P. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment C, Exhibit I when making its deten-nination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the"Links/Forms" section appearing at the following website: C. For federal financial assistance, if the Grantee is a For -Profit entity then it is exempt from the Federal Single Audit Act provisions contained in Attachment C, Special Audit Requirements, pursuant to 2 CFR §200.501(h), For state financial assistance, if the Grantee is one of the following entities: a district school board, charter school, Florida College System Institution (including a community college), public university, government outside of Florida, or a Federal agency, then it is exempt from the Florida Single Audit Act provisions contained in Attachment C, Special Audit Requirements, per Section 215.97, F.S., Florida Single Audit Act, The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements, 13. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, except for certain fixed-price subcontracts pursuant to paragraph 3.E. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement, The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract, It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract, DEP Agreement No. TI 531, Page 10 of 19 Approved: 6/13/16 Page 92 of 675 B 'rile Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreerricru embrace diversity enthusiastically. The award of subcontracts should reflect the fill] diversity of the citizens of the State of Florida. A list of minority owned firms that Could be offered Subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915, C. The Grantee agrees to comply with the procurement requirements contained in 23 CFR 4172,5 for its selection of subcontractors, 14. 'PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have beef) appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local ,jurisdiction; ji. The contractor's hiring employees or subcontractors from within a particular local Jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction, B. For any competitive solicitation that triects the criteria in Paragraph A,, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in file solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 15. SIGNAGE: The Grantee must erect a permanent information sign on the project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Recreational Trails Program, The sign roust be made of appropriate materials, which will be durable for a minimum oftwenty-five (25) years after the project is complete. Tile sign must be installed on the project site and approved by the Department before the final project reimbursement request is processed. 16. LOBBYING PROHIBITION: A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence all officer or employee of an agency, a Member of Congress, all officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, B. If this Agreement is for more than $ 100,000 and if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attetriptinc, to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or at) employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Attachment D, Standard Form - LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof, if applicable), in accordance with the instructions. If this Agreement is for less than $ 100,000, this Attachment shall not be required and shall be intentionally excluded from this Agreement. DEP Agreement No, T1531, Page I I of 19 Approved: 6/1 � / 16 Page 93 of 675 C- The Grantee shall require that the language ofthis cerlification be included in the award documents for all subiwards at all Ilet'S (including subcontractors, sUbgrants. and Contracts under grants, loans, and cooperative agreements) and that all subrecipients certify accordingly, D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31. U.S. Code. Any person who fails to file the required certification shall be subject ject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. L. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 50 1 (c)4 of the Internal Revenue Code of 1986 shall not be eligible. for SUbgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant, This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11 .062, F.S- no state funds, exclusive of'salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, Judicial. or quasi-jUdicial departirient shall be used by any state employee or other person for lobbying purposes, 17. COMPLIANCE WITH LAIV- The Grantee shall comply with all applicable federal, state and local rules and regulations in perfonning under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to. compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee' further agrees to include this provision in all subcontracts issued as a result of this Agreement, 18. NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U,S. Mail, a courier delivery service, or delivered in person, Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified tinder paragraph 19, 19. CONTACTS: The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at the time of execution for this Agreement is: Pamela Lister or Successor Community Assistance Consultant Florida pepartment of Environmental Protection Office ,2LOperations Land and Recreation Grants Section 3900 Commonwealth Boulevard, MS4 585 Tallahassee, Florida 32399 Tele hone No,: (850) 245-2065 Fax No,: N/A E-mail Address: PaiiielaListerLa]de2.state.tl,us The Grantee's Grant Manager at the, time of execution for this Agreement is: DEP Agreement No. T 15 3 1, Page 12 of 19 Approved: 6/13/16 Page 94 of 675 - Wally Majors or Successor Recreation and Parks Director City of Bo rnton Beach 100 East Bo�nton Beach Boulevard', Boyton Keach, Florida 33435 Telephone No.: - (561) 742-6255 Fax No,: (561) 742-6235 E-mail Address: MajorsW rd bbfl.us In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail wit!) acknowledgement by the other parry Nvill be acceptable. Any subsequent Change Order or Amendment pursuant to paragraph 3.13 should include the updated Grant Manager information. 20.. JNS1,111ANC"E: A. Providing and ntanntaining adequate insurance cnversage LsamatehaI obligation of the Grantee. This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee, any sub -grantee, or Grantee's contractors. Such insurance shall include the State of Florida. the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or sell -insurance. The Grantee shall provide documentation of all required coverage to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium, which requires a 10 - calendar -day notice) to the Department's Grant Manager. If the Grantee is self-funded for any category of insurance, then the Grantee shall provide documentation that warrants and represents that it is self-funded for said insurance, appropriate and allowable under Florida lawn, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee for the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified under this Agreement, unless such sub grant or subcontractor employees are covered by the protection afforded by the Grantee, Workers' Corn ensation Insurance is required for all employees connected with the work of this project. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers` Compensation statutes, the Grantee shall provide proof of adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. it. Commercial General Liability insurance is required, including bodily injure and property damage. The minimum limits of liability shall be $200,000 each individual's claire and $300,000 each occurrence. iiia Commercial Automobile Liability insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or DEP Agreement No. T1531, Page 13 of 19 Approved. 6/13/16 Page 95 of 675 operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company - Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage iv, Other Insurance may be required if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each, Questions concerning required coverage should be directed to the U& Department of Labor (hit—lai- �lvw _dc or to the parties` insurance carrier. 21. CONFLICT 01F INTEREST: Tile Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the perfortrance of services required. As required by 2 CFR §200,112, the FHWA has established a Conflict of Interest (COI) policy for disclosure of conflicts of interests that may affect FHWA financial assistance awards. The COI policy is available at the following website and is applicable to individuals and non -Federal entities requesting and receiving FHWA financial assistance on or after December 26, 2014; 22, UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations Issued as a result of this Agreement. 23. EQUIPMENT: Reimbursement for equipment purchases are not authorized under this Agreement. 24, QUALITY ASSURANCE REOUIREMENTS: Projects receiving federal funding must comply with the National Environmental Policy Act (NEPA), which provides a framework for environmental analyses, reviews, and consultations. NEPA's process "umbrella" covers a project's compliance with all pertinent federal environmental laws. The Grantee's compliance with the Florida Department of Transportation's Project Development and Environmental Manual (PD&E Manual), hereby incorporated by reference, constitutes compliance with NEPA standards as more fully implemented pursuant to subsection 625-2.074 (1), F.A.C. 25. DISCRIMINATION: A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement In accordance with FHWA requirements (49 CFR §26.13), the Grantee, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Tile Grantee shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Grantee to carry out these requirements is a material breach of this DEP Agreement No. TI 53 1, Page 14 of 19 Approved: 6/13116 Page 96 of 675 Agreeinew, which may result it, the ternlination of this Agreement or such other remedy as the recipient deenis appropriate, which may include, but is not limited to: i, Withholding monthly progress payments; Assessing sanctions, Liquidated darnages. and/or iv, Disqualifying the Grantee from future bidding as non -responsible, B. Facilities or programs funded in whole or in part by RTP funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition, C. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section 287. 134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction, or repair of a public bUildino or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant tinder contract Willi any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminator), vendor list may be directed to the Florida Department of Management Set -vices, Office of Supplier Diversity, at ( 850) 487-0915. D. Grantee agrees to comply with the Americans With Disabilities Act (42 USC § 12 1 01,L-ts�ec. , where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications. E. Grantee must identify any products that may be used or adapted for use by Visually, hearing. or other physically impaired individuals. 26. LAND ACQUISITION: Land acquisition is not authorized under the terms of this Agreement, 27. DEBARMENT/SUSPENSION-, In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 180 and 1200), issued by the President of the United States, the Grantee agrees and certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction., unless authorized in writing by FHWA to the Department, The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 28. !L0_PVR1GHT. PATENT AND TRADEMARK: A. The FHWA and the Department, reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal and state government purposes: DEP Agreetrient No. T1531, Page 15 of 19 Approved: 6/13/16 Page 97 of 675 The copyright in any %vork developed Linder a grant, subgrant, or contract under a o gruel oi- subgrant. l Any right or copyright to which a grantee, subgrantee, or a contractor purchases ownership with' I grant support. All patent rights, copyrights 11 flart I t, glits and data rights must be in accordance wit 37 CFR 40 and 35 U.S.C, §200-12, as applicable. B, An acknowledgement of FHWA support and a disclaimer rnust appear in any publication Of any material whether copyrighted or not, based on or developed tinder the Agreement, in the following terms: -'This material is based UPOO work supported by the Federal Highway AdluilliStrati011 Linder Agreement No. RECTO 15," All materials must also contain the following: "Any opinion,, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Federal Highway Administration." 29, CONTRACT PROVISIONS AND REGULATIONS: The Grantee agrees to comply with, and include in subcontracts and subgrants, the provisions contained in both Attachment E. Federal Contract Provisions, and Attachment F, Required Contract Provisions, MWA-1273, both attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment G, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 30, PHYSICAL ACCESS AND INSPECTION: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents, 13. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or Z� - parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement, 31. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received ill conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services Linder this Agreement. B, This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, E&, and Section 24(a), Article 1, Florida Constitution. DEP Agreement No. T1531, Page 16 of 19 Approved: 6/13116 Page 98 of 675 Ci If Grantee ineets, the definition of "Contractor" found in Section 119.0701(l)(a), F.S.; fi.e- all individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: Pursuant to Section 119A701, F,S... a request to inspect or copy public records relating to this Agreement for services must be made directly to (lie Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time, If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10, F.S. Upon request from the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perforni the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of Department. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, T*, THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at oiiibti�Lsniqj ��p.stzile or I J, at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 DEP Agreement No. T1531, Page 17 of 19 Approved: 6/13/16 Page 99 of 675 32. SCRUTINIZED COMPANIES: In executing this Agreement, the Grantee (or affiliate, subcontractor) certifies that it is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the [ran Petroleuni Energy Sector List, and/or Scrutinized Companies with Activities in Israel List (eff '10.1-2016), created pursuant to section 215,473, F,S. Pursuant to subsection 287.135(5), F.S- the Grantee for affiliate, subcontractor) agrees the Department may immediately terminate this Agreement for cause if the Grantee (or affiliate, subcontractor) is found to have submitted a false certification or if the Grantee (or affiliate, subcontractor) is placed on the Scrutinized Companies list during the term of the Agreement, 33. EXECUTION IN COUNTERPARTS, This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more Counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) will) the same force and effect as if such facsimile or ".pdf' signature page were an original thereof' Z� 34. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida, Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid tinder applicable law, but if any provision of this Agreement shall be prohibited or invalid tinder applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, Without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida, 35. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the parties, Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein, DEP Agreement No. TI 53 1, Page 18 of 19 Approved: 6/13/16 Page 100 of 675 IN WITNESS WHEREOF, the parties have caused (!its Agreement to be duly executed. the day and year last written below. By Signature of Person Authorized to Sign Print Name and Title Date: Address: Attest; By: Grantee Attorney FEID No.: 59-0000282 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or designee Print Name and Title Date: Approved as to form and legality: DEP Aftone f or Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as pt of this Agreement: Specify Letter/ Type Number Description Attachment A Pa°meet Work Plan (2 Fares) Attachment B Conti -act Payment Requirements (I Faget Attachment C SRecial,Audit Requirements (5 Pages) Attachment Q Disclosure of Lobbg Aetivitaes C2 Fa�esi Attachment E Federal Contract Provisions (7.Ames) Attachment F Required Contract Provisions, F-HWA- 1273 (12 Papesj Attachment G Regulations (I Page), DEP Agreement No. T1531, Page 19 of 19 Approved- 6113/10 Page 101 of 675 7:1 2 71 ry Cj > E 21 CL -0 lu ca) CL. U3 E —4 Cc- 0 m 7:1 > Qj Q CL m CL 40 cl OJ Li- L) lu 72 i w CL c v cc 9�1Q OJ > CL m o aj al aj -C aj as o w+cl (t) CL tu in W, > CL Qj Cl T"s bl) e -A 1W —dI -0 CIO LU .2 E ce m u E 7 E Coo 40 LT� C, m L41) LO ti 4-- 0 m 0 (D cu U CC E 10 CIO —QMH at "D 4; E 7 -ru- > S 0 0 a u ru-E C7 E to 0. ay cd Qj M M Cr 0) a -0 = u u U V, r) M m —72 m CL r E 5 72 0 cd ci 0 v ca cd cr tu 0 cd E m 0 Cc cd tj e a m E kn m 72M -Iz m 0 U E 7 �:- — = 42 cl C"a > 0 > U. p. 0 0 aj 0 cr Ij CL E r- eq CL co V .— -0 0 48 Cd .A E .2 -0 ed ti 0 R cl U — 4. 6 0 E 0 e ed E L = E rr bf) fu 0 06 E 75 v r- 0 x, 0 -0 7 Ou 2 E t L —Z m= U u 0 0 0. th u m 0 U r cq[ u > E u ca u tw C* w 2 44 -0 C M r > 0 a Q v L8 Q — E E E E E 0 = 0 0 Q cd 0 w 0 E = ami 42 cr 0 - "ZI = V �b E dJ CL r: cl, cz CL fq LO ti 4-- 0 m 0 (D CIO E 4; CL cr E > S 0 0 a u ru-E C7 E to 0. ay cd M M Cr CZ a -0 = u u U V, r) M m —72 m CL r E 5 0 cd ci u Cc tu 0 cd E m 0 Cc cd tj e E kn cl C"a > tu Cd 0 At) oil 0 m r- to 00 a. M Cd r - E Cd m r u 0 u bf) fu 0 U u 0 C> cq[ > E u ca t'j) ca r.4 EL 0 0 w 2 44 -0 CL 0 r > 0 Q v L8 Q — E E E E E 0 = 0 0 Q cd 0 w 0 E = ami 42 cr 0 - "ZI = V �b E dJ r: cl, cz CL LO ti 4-- 0 m 0 (D ATTACHMENT B Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Conh-acts, Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid, Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service- Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown, Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs, Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated, Documentation must be provided to show compliance with Department of Management Services Rule 60A-1,017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which tray be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs. If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address,amidejan) DEP 55-219 (05/2008) DEP Agreement No, x'1531, Attachment B, Page I of I Page 104 of 675 ATTACHMENT C SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (it-hich ilia), be referred to os the "De.1-wrtment", "DEP", 'TDEP"or "Grantor", or other nuille in the contractlagreement) to the -recipient (which mai, be rcferred to as the "Contraetor", Grantee" or other narne in the c9ntractl'a -eeirnent) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection, In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart R EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, Including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will ineet the requirements of this part. 1 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 Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F 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 from other than Federal entities), The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at wwiv.cfda, gov DEP Agreement No, TI 531, Attachment C, Page I of 5 Page 105 of 675 -PART IL STATE F1 INDED This part is applicable if the recipient is a nonstatt entity as defined by Section 215.97(2)(n), Florida Statutes, In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. 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 from the Department of Environmental Protection, other state agencies, and other tionstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2, 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 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state 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). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at for assistance. In addition to the above websites, the following websites may be accessed foo- information; Legislature's Website at 11/%k'elCoTilel"iiidex-cfiii, State of Florida's website at http-.�iy��vw. Lill tlori�L a _ cc) In Department of Financial Services' Website at h U1L"_.1Y.%kwJldf's,com,' and the Auditor General's Website at hit /ww %vstate. fl.0 s/audoen. PART III: OTHER AUDIT REQUIREMENTS (NOTE-: This part would be used to specft anY additional audit requirements imposed by the State awarding entity that are solely a matter of that State, cnvarding entity's polie�y (i. C., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies ma ' v conduct or arrange,for audits ofStatefinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrangefor finding thefidl cost of*such additional audits) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with ONIB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No. T1531, Attachment C, Page2l of 5 Page 106 of 675 A, The Department of Environmental Protection at one of the following addresses: Z, By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDE P'S i n 1-, le A od it�j,�de I) B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number ofcopies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East I Oth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at Imp -Jiat�Zs ter. cLi�; u �.�,ovq��jL:�veb,, C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin -�-(-,-Audit 0 te.fl.us Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directl to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 DEP Agreement No. T1531, Attachment C, Page 3 of 5 Page 107 of 675 Electronically: FED—EES in ��IeAud i �1(ii, dcm.,�t ate. fl, u s B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 4: Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically; EUERSIDLIL, L d4AA�p iatL fl.0 _A_L _ Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 1-5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request, The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Departincrit of Environmental Protection, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. T 15 3 1, Attachment C, Page 4 of 5 Page 108 of 675 LO ti 0 rn o_ a> c� a e� CL o c� v c fA sA o c c 4, t, to a Up u a co c� C m c 0 d 0 V ' +fid rt O C K N 3 41 C cc C 9d t C> tC 0 �?e ^4, all L to G_ 40 = ad 2 0. O� z Q 40 2 LO ti 0 rn o_ a> c� a Y <C c� v @ o c 4, a Up C c 0 u 40 +fid K N 3 C 9d 0 �?e ^4, 4�] 8d fr }E..,,�� a:.., 2 CI} LO ti 0 rn o_ a> c� a ATTACHMENT 1) DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S,C. 1352 0348-0046 (See reverse for public burden disclosure.) I. Type of Federal Action-, 2. Status of Federal Action 3. Report Type: a. contract !a, bid/offer/application a. initial filing b. grant —,b. initial award b, material change c. cooperative agreement c. post -award For Material Change Only: d, loan year — quarter e, loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 6. If Reporting Entity in No. 4 is a Subawardee, Enter Name Fj Prime Subawardee and Address of Prime: Tier if known Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if if individual, last name, first name, Mir): different from No. 10a ) (last name, first name, MI) 11 Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature, - disclosure of lobbying activities is a material representation of fact Print Name-, upon which reliance was placed by the bar above when this Transaction was made or entered into. This disclosure is required pursuant to 31 U,8.0. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure be to Title: Shall Subject a civil penalty of not less than $10 000 and not more than $100,000 for each such failure. Telephone No.: Date: Federal Use Only; Aulhorized for Local Reproduction I Standard Form LLL (Rev, 7-S DEP Agreement No. T1531, Attachment D. Page I of 2 Page 110 of 675 This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to ti0e 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting in influence an officer or employeeof any agency, a Member of Congress, an uffiuei Or ernplOyeeof Congress, or an employee of a Member of Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. identify the type of covered Federal action for which lobbying activity is arid/or has been secured to influence the outcome of a covered Federal action, 2. Identify the status of the covered Federal action. 3. Identify the appropriateclassification of this report If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action, 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not Vrmted to subcontracts, subgrants and contract awards under grants. 5. if the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known, 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel belowagency narne, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. & Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number: Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number: the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001," 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11, The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMS No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reducliort Project (0348-0046), Washington,! DC 20501 1 DEP Agreement No� TI 5") 1, Attachment D. Page 2 of 2 Page 111 of 675 ATTACHMENT E Federal Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following, Provisions as applicable� I Rights to Patents and Inventions Made Under a Contract or Agreement - Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 '11 S,C, Sections 200 through212, Pursuant to the Bayh-Dole Act (set forth in 35 U.S.C. §200 through212), Federal Highway Administration (F] IWA) retains the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the assistance agreement holder, as defined in the Act. To streamline the invention reporting process and to facilitate compliance with the Bayh-Dole Act, the recipient must utilize the Interagency Edison extramural invention reporting system at littp://iEdisoii.gov. Annual utilization reports must be submitted through the system. The recipient is required to notify the Project Officer identified on the award clocurnew when an invention report, patent report. or utilization report is filed at htIp://iEdison.gov. FIIWA elects no[ to require the recipient to provide a report prior to the close-out of a funding agreement listing all subject inventions or stating that there were none. In accordance with Executive Order 12591, as amended, government owned and operated laboratories can enter into cooperative research and development agreements with other federal laboratories, state and local governments, universities, and the private sector, and license, assign, or waive rights to intellectual property "developed by the laboratory either under such cooperative research or development agreements and from within individual laboratories.`. 2. Copyrighted Material and Data - In accordance with 2 CFR §200.315 and 23 CFR §420,121. FHWA has the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement for Federal purposes. The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C'. 203. With respect to any subject invention in which the Contractor retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world (37 CFR §401,14). 3, Clean Air Act (42 U.S.C. 7401 et seq.), Clean Water Act (33 U.S.C. 1368), E.O11738, the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) and Environmental Protection Agency Standards - Contracts and subgrants of amounts in excess of $150,000 shall contain a provision that requires the recipientto agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Clean Water Act (331 U.S,C. 1369), E.O. 11738, the Federal Water Pollution Control Act as amended (33 US.C. 1251 et seq.), and Environmental Protection Agency regulations (40 CFR Part 15). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 4. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(c) of the Safe Drinking Water Act (42 US.C. 300h -3(e)) - Conti -acts and subgrants of amounts in excess of $100.000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U,S,C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)), Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 5. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352), which prohibits discrimination on the basis of sex, race, color, and national origin, inchiding E.O. 12898 "Federal Actions to Address Environmental Justice in Alinorit ' v Populations and Lou -Income Populations" and EO 13 166 "Improving Access to Servicesfir Person with Limited English ProjiciencY (LEP)"; (b) DEP Agreement No. TI 531 Attachment E, Page I of 7 Page 112 of 675 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C, 795), which prohibits discrimination against persons with disabilities; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P1. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (c) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (0 Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C, 290 dd-3 and 290 ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records: (g) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) if an education program is conducted under this agreement, Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities; (i) any other nondiscrimination provisions in the specific statute(s) made, and, 0) the requirements of any other nondiscrimination statute(s) that may apply; 6. Compliance with Title VI of the Civil Rights Act— The United States Department of Justice under Executive Order 12250 ("Leadership and Coordination qf'Nondiscrindnalion Lows ") has been directed to ensure the consistent and effective implementation of Title VI and other Nondiscrimination requirements (including Environmental Justice and Limited English Proficiency) by prohibiting discriminatory practices in Federal programs and programs receiving federal financial assistance. Under the USDOFS Civil Rights Division, the Federal Compliance and Coordination Section (FCS) is responsible for providing assistance and oversight to the Civil Rights Offices of federal Agencies. The USDOJ's FCS has the following responsibilities: Development of Guidance Documents; Offer two-day Title VI Training Course; Provide Technical Assistance; Exercises Clearance Authority (review and clear certain federal agency documents); Referrals for Litigation; Reviews Implementation Plans; Coordination and Clearinghouse. Upon request, FI­IWA submits EO 12250 Reports detailing statistical data from Title VI/EJ/LEP and Section 504/ADA Programs regarding such topics as Complaints, Pre- & Post- Awards, Technical Assistance, Training, and Compliance/Monitoring Efforts. T Electronic and Information Technology Accessibility — Recipients are subject to the program accessibility provisions of Sections 504 and 508 of the Rehabilitation Act, codified in 40 CFR §7,, which included an obligation to provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology ("EIT"). Section 508 of the Rehabilitation Act states that all electronic products produced by Government agencies must be accessible to persons with disabilities, including those persons with vision, hearing, cognitive, and mobility impairments, The Paper Reduction Act and FHWA require that printed publications must be available in electronic format; final printed documents must provide minimum 508 Compliance requirements. Section 508 affects all communication products published by FHWA in print or electronic format. All FHWA publications must conform to the requirements outlined in Section 508 of the Rehabilitation Act and the U.S. General Services Administration (GSA) Federal IT Accessibility Initiative All electronic documents prepared under this Agreement must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. See %Vw-vy, access- board. 2cv /5 0 81) tin for more information about Section 508 guidelines. This information should be attached to all statement of work and contracts for preparing publications, web sites, multimedia presentation, and other electronic communication products. While Section 508 currently does not apply to one-time purchases of $2,500 or less, compliance with applicable accessibility standards is strongly encouraged. 8. Tangible Personal Property - Pursuant to 2 CFR 200.312 and 200,314, property reports, if applicable, are required for Federally -owned property in the custody of a non -Federal entity upon completion of the Federal award or when the property is no longer needed. Additionally, upon termination or completion of the project, residual unused supplies with a total aggregate fair market value exceeding $5,000 not needed for any other Federally -sponsored programs or projects must be reported. For Superfund awards under Subpart 0, refer to 40 CFR 35.6340 and 35.6660 for property reporting requirements. Recipients should utilize the Tangible Personal Property Report form series (SF -428) to report tangible personal property. DEP Agreement No. T 15 31 Attachment E, Page 2 of 7 Page 113 of 675 9, Flotel-Motel Fire Safety - Pursuant to 15 1 iS(' 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in pail with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL, 101-391. as amended). 10, Drug -Free Workplace - Recipients organization of Department of Transportation (DOT). FHWA assistance must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 49 CFR Pail 32 Subpart B. Additionally, in accordance With these regulations, the recipients must identify I -, all known workplaces under its federal awards, and keep this information on file during the performance of the award. Resource Conservation and Recovery Act (RCRA) - Consistent with goals of section 6002 of RCRA (42 U.S.C. 6962), State and local institutions of higher education, hospitals and non-profit organization recipients agree to give preference in procurement programs to the purchase of specific products containing recycled materials, as identified in 40 CFR Part 247. Consistent with section 60021 of RCRA (42 US.C. 6962) and 2 CFR 200.3322, State agencies or agencies of a political subdivision of a State and its contractors are required to purchase certain items made from recycled materials, as identified in 40 CFR Part 247, when the purchase price exceeds $ 10,000 during the course of a fiscal year or where the quantity Of Such items acquired in the course of the preceding fiscal year was $10,000 or more. Pursuant to 40 CFR 247.2 (d), the recipient may decide not to procure such items if they are not reasonably available in a reasonable period of time; fail to meet reasonable performance standards, or are only available at an unreasonable price. 12, Compliance with 23 U.S.C. 112(a) which directs the Secretary of Transportation to require recipients of highway construction grants to use bidding methods that are "effective in securing" competition." Detailed construction contracting procedures are contained in 23 CFR Part 635 Subpart A. 13. CoMpliance with Section 3(a)(2)(C) of the Urban Mass Transportation Act of 1964, as amended (P.L. 88-365), prohibiting the use of grant or loan funds to support procurements utilizing exclusionary methods. 14. Compliance with Section 105(f) of the Surface Transportation Assistance Act of 1982, Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR fart 28 imposing requirements for the participation of disadvantaged business enterprises. 15, Section 308 of the Surface Transportation Assistance Act of 1982 and 49 U.S.C. 1068(b)(2), authorizes the use of competitive negotiation for the put -chase of rolling stock as appropriate. 23 U.S.C. 112(b) provides for an exemption to the competitive bidding requirements for highway construction contracts in an emergency situation- C, 16. 23 U.S.C. 1] 2 requires concurrence by tile Secretary of Transportation before highway construction contract can be awarded, except for projects authorized under the provisions of 23 U.S.C. 171. 17. 23 U,S.C. 112(e) requires standardized contract clauses concerning site conditions, suspension or work. and material changes in the scope of the work for highway construction contracts. 18. 23 U.S.C. 140(b) authorizes the preferential employment of Indians on Indian Reservation road projects and contracts. 19. Compliance with 49 CFR §18.36(t) - Federal Highway Administration (FHWA) Urban Mass Transportation Administration (UNITA), and the Federal Aviafion Administration (FAA) grantees and subgrantees shall extend the use of qualifications -based (e,g,,, architectural and engineering services) contract collection procedures to certain other related areas and shall award such contracts in the same manner as Federal contracts for architectural and engineering services are negotiated under Title IX of the Federal Property and Administrative Set -vices Act of 1949, or equivalent State (or airport sponsor for FAA) qual i fie ations -based requirements, For FHWA and UMTA programs, this provision applies except to the extent that a State adopts or has adopted by statute a formal procedure for the procurement of such services. DEP Agreement No. T153 I Attachment E, Page 3 of 7 Page 114 of 675 20. American Iron and Steel (Cornplianrte with P.L. 113-76) -'rhe Consolidated Appropriations Act of 2014 (Public Law I 1 3-76) includes an American Iron and Steel (AIS) requirement. "BLINI America" provisions apply to steel and iron used in a "Federal -aid highway construction project". Based on the definitions of "construction" in -13 U.S.C. §101 ("all expenses incidental to the construction or reconstruction of a highway"..,) and ..project" ("an undertaking"), the Buy A inerica provisions will not apply to most RTP projects. Except for the following: (a) if trail project uses steel I -bears for a bridge, "Buy America" might apply, but there is a threshold exemption - 0A percent of the contract or $2.500, whichever is greater (23 CFR §635A 10{b)(4), (b)trail grooming and maintenance equipment are not included in the "Buy America" requirement, because trail equipment is not a "construction project" and is not permanently incorporated into the final project, and (c) trail signs might be considered pm of a project but the costs for the signs would have to exceed the $2,500 threshold, 21. Section 165 of the Surface Transportation Assistance Act of 1982 (49 U,S.C. 1601), Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR Parts 660 and 661 impose "Buy America"' provisions on the procurement of foreign products and materials, 22. Fly America Act (Compliance with 49 U.S.C. 40118) - includes air travel and cargo transportation services requirements. All air travel and cargo transportation services funded with Federal financial assistance are required to use United States flag carrier airlines. The only exception to this requirement is transportation provided under a bilateral or multilateral air transport agreement, to which the U.S. Government and the government of a foreign country are parties, and which the Department of Transportation has cleten-nined meet the requirements of the Fly America Act. 23. Compliance with 46 U.S.C. 1241(b)(1) and 46 CFR Part 381 - imposes cargo preference 4 requirements on the shipment of foreign made goods, 24. Compliance, if applicable, with 23 U.S.C. 114(6) - Convict Labor and Convict Produced Materials) Federal law prohibits the use of convict labor for construction projects within the right- of-way of a Federal -aid highway. Linder title 23, all public roads are "Federal -aid highways", except those that are firinctionally classified as local roads or rural minor collectors, Therefore, if an RTP project is within the right-of-way of a Federal -aid highway, convict labor shall not be used. If an RTP project is not within the right-of-way of a Federal -aid highway, then 23 U.S.C. 114 (b) does not apply, and the State may use its State procedures with regard tea convict labor. RTP funds may be used to pay for construction costs incurred by convict labor for projects which are not within the right-of-way of a Federal highway. In deterinining the value of convict labor. States Should note that the value of paid labor may not exceed the actual cost incurred by the State of local government agency. Convict labor is not volunteer labor or donated labor (which may be valued at fair market value). 25. Compliance with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 26. Compliance with the provisions of the, Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) that limit the political activities of ernploveeswhose principal employment activities are funded in whole or in part with Federal funds, 27. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $ 10,000 or more. 28. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Or -der 11514, (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in DEP Agreement No. T 1531 Attachment E, Page 4 of 7 Page 115 of 675 floodplains in accordance with E.O. 11999, (c) assurance of project consistency with the approved State management program developed Linder the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-5231; (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (i) protection of coastal barriers under the Coastal Barrier Resources Act of 1982 (P.L. 97-348), 0) protection and conservation of wildlife resources under the Fish and Wildlife Coordination Act (16 U.S.0 661-666c); (k) protection and conservation of migratory bird species under the Migratory Board Treaty Act (16 U.S.C. 703-712); (1) protection and conservation of fishery resources under the Magnuson Stevens Fisher Conservation and Management Act (16 U.S.C. 1801-1882); (in) protection of chemical, physical, and biological integrity of the Nation's waters under Section 404 of the Clean Water Act (33 U.S.C. § 1251 et seq. (1972)); (n) if applicable, application of the requirements set forth under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.),, (o) implementation of measures to minimize pollution impacts during project activities pursuant E.O. 12088; and (p) implementation of guidelines to identify and address the effects of noise on public health under the Noise Control Act of 1972„ as amended (42 U.S.C. 4901 et sq.); (q) prevention of the spread of invasive plant species under E.O. 13112; (r) protection of trail corridors and trail opportunities pursuant to F,O, 13195; and. (s) preservation of farinland under the Farmland Protection Policy Act (7 CFR Part 658). 29, Compliance with E.O. 12898 related to the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies, 30. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system, 31. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 32. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 33. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 34, Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 35. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 36. Compliance with Gerispatial Data Standards must be met by the Grantee under this Agreement. All geospatial data created must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards can be found at ��vv%v f -dc 4ov 37. Compliance with Nutrient Management Plans for Animal Feeding Operations is required under this Grant and must have and implement a nutrient management plan that: I) provides and maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal, 6) addresses proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage capacity; and 9) addresses rate and timing of land application of manure and wastewater. 38. Compliance with the Trafficking Victims Protection Act of 2000, (2 CFR Part 175) By accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). DEP Agreement No. TI 531 Attachment E, Page 5 of 7 Page 116 of 675 39, Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration (LNywxcrooy) System for Award Management (SAM) at all times during which they have active project funded with these funds, A Dull and Bradstreet Data Universal Numbering System (DUNS) Number (avYk�vdnb, rrk) is one of the requirements for registration in the Central Contractor Registration. 40, 41 USC §4712, Pilot Program for Enhancement of Recipient and Subrecipient Employee Whistleblower Protection: This requirement applies to all awards issued after July 1, 2013 and shall be in effect until January 1, 2017. (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights -tits and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (1?1, 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award. 41. Restrictions on Internal Confidentiality Agreements (U.S. DOT, FHWA General Terms and Conditions for Assistance Awards, Effective Date- March 6, 2015): The Recipient shall not require employees Of subrecipients to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subrecipients from reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information 42, Financial Assistance Policy to Ban Text Messaging While Driving (75 Federal Register 60266, as amended and E.O. 13513). (a) Definitions. As used in this clause — "Driving" — Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. Does not include operating a motor vehicle with or without the Motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Text Messaging" — Means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e -mailing, instant messaging, obtaining navigational information, or engaging in any form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. (c) The Applicant should — i. Adopt and enforce policies that ban text messaging while driving — (i) Company-owned or --rented vehicles or Government-owned vehicles; or (ii) Privately -owned vehicles when on official Government business or when per -forming any work for or on behalf of the Government, DEP Agreement No,, T1531 Attachment E, Page 6 of 7 Page 117 of 675 mi. Concluer initiatives in a manner commensurate with the size of (lie business, such as — 0) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and (it) Education, awareness. and t, other outreach to employees about the safety risks associated with texiing while driving, (d) Stib-aL-reeiiientsi'sub-contracts. The Applicant shall insert the Substance Of this Clause, including this paragraph (d), in all sub-agreement/sub-contracts that exceed the micro -purchase threshold ($3,000 per 2 CFR §200.67, set by 48 CFR Subpart 2.1 ), REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No, T1531 Attachment E, Page 7 of Page 118 of 675 ATTACHMENT F REQUIRED CONTRACT PROVISIONS 15 General IL Nondiscrimination JIL Nonsegregated Facilities IV, Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VL Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects JX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A Employment and Materials Preference for Appalachian Development Highway System or Appalachian LocalAccess Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services), The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or bysubcontract, FHWA-1273 -- Revised May 1, 2012 3, A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 11. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27, and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with. the requirements of the Equal opportunity Clause in 41 CFR 60- 1 A(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Consiructron Contract Specifications in 41 CFR 60-4.3, Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements, 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements riot to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 213 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activitiesunder DEP Agreement No. 71531, Attachment F, Page I of 12 C� Page 119 of 675 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.G. 12141 et seq.) set forth under 28 CFR 35 and 29 GFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under thecontract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include; employment, upgrading, demotion, or transfer; recruitmentor recruitment advertising; layoff or termination; rates of pay or other fdnns of compensation, and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3, Dissemination of Policy. All members of the contractor's staff who are authorized to hire supervise, promote, and discharge employees, or who recommend such action, orwho are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer, b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEC) Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with thecontractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the ccntractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitiment: When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer," All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived, a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requiremcnt, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor foremployment consideration, b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance Mh EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage Its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. Personnel, Acilans: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, Promotion, transfer, demotion, layoff, and termination. shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c, The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues ofappeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are DEP Agreement No. T] Attachment F, Page 2 of 112. Page 120 of 675 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S,C, 140(a), G. The contractor will advise employees and applicarilsfor employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and Wit encourage eligible employees to apply for such training and promotion. 7. Unions; If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b, The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information, d. In the event the union is unable to provide the contractor with a reasonable now of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andtor qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants I Employees with Disabilities. The contractor must befamiliar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under, Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship, 9. selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shalt take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract, b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations, 10. Assurance Required by 49 CFR 26.13(b); a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts, Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate, 11. Records and Reports, The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and theFHA. a. The records kept by the contractor shall document the following; (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project. indicating the number of minority, women, and non -minority group employees currently engaged in eachwork classification required by the contract work. This information is to be reported on Form FHVVA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor DEP Agreement No. TI 53 1, Attachment F, Page 3 of 12 Page 121 of 675 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of Jury. This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation an the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or orat policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas. time clocks, restrooms, washrooms, locker rooms. and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which areexempt. Contracting agencies may elect to apply these requirements to other projects, The following provisions are frorn the U.S. Department of Labor regulations in 29 CFR 5,5 "Contract provisions and related matters" with minor revisions to conform to the FFIWA- 1273 format and FFIWA program requirements, 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll' deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 C FIR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics, Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1,d. of this sectionalso, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans. funds, or programs which cover the particular weekly period, are deemed to be constructively rnade or incurred during such weekly period, Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits an the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5-5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WI f-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b-(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance With the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in thewage determination, and (ii) The classification is utilized in the area bythe construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every addilionai classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation ofthe contracting officer, to the Wage and Hour Administrator for determination The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officeror DEP Agreement No. T 1531, Attachment F, Page 4 of 12 Page 122 of 675 will notify the contracting officer within the 30 -day period that additional time is necessary, (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1',b.(2) or I.b.(3) of this section. shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification, C. Whenever the minimurn wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate. the contractor shall either pay the benefit as stated in the wage determination or shalt pay another bona fide fringe benefit or an hourly cash equivalent thereof, d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shalt upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may. after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs, b.(l) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of The information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://wwvv.dol.govlesalwhd/farms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the Stale DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency, (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That The payroll for the payroll period contains the information required to be provided under §5,5 (a)(3)(ji) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §6.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (it) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3: (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract, DEP Agreement No. ` 1531, Attachment F, Page 5 of 12 Page 123 of 675 (3) The weekly submission of a Property executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b,(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or c6mi nal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code, c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, of transcription by authorized representatives of the contracting agency, the State DOT the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the Stale DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL), Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S, Depailmentof Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or ifa person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification- If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship prograrn, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved, C. Equal employment opportunity. The utilization of apprentices. trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. DEP Agreement No, TJ 53 1, Attachment F, Page 6 of 12 Page 124 of 675 d. Apprentices and Trainees (programs of the U.S. DOT), Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are nol subject to the requirements of paragraph 4 of this Section IV, The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program, 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFP part 3, which are incorporated by reference in thiscontract, 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHVVA-1273 in any lower tier subcontracts. The prirrie contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds foTlermination of the contract, and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6. and 7 Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR5.12(a)(1). b. No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c, The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U,S.C, 1001 . V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,00D and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5,5(a) or 29 CFR 4,6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek, 2. Violation; liability for unpaid wages; liquidated damages, In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, losuch District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1,) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages, The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth in paragraph (2.) of this section, 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1,) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I.) through (4.) of this section. DEP Agreement No. T1 S3 1. Attachment F, Page 7 of 12 Page 125 of 675 This provision is applicable to all Federal -aid construction contracts on the National Highway System, 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specially items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by1he contractor's own organization (23 CFR 635A 16), a, The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets alt of the following conditions: (1) the prime contractor rnaintarns control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees: (3) the prime contractor retains all power to accept or exclude individual employees from work on the project: and (4) the prime contractor remains ultimately responsiblefor the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b, "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions, 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract, 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract, 6. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements, VII. SAFETY, ACCIDENT PREVENTION T h 1 8 p r o v I s i o n i 5 applicable to all Federal -aid Construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635), The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2, 11 is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U,S,C. 3704). 3. Pursuant to 29 CFR 1926,3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (4f) U,S.CX04). VIII, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i 9 p r o v i s i o n I s applicable to all Federal -aid construction contracts and to all relatedsubcontracts. In order to assure high quality and durable construction in conformity with approved plans and Specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. VVdlful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1 022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U,S, C, 1020 reads as follows: DEP Agreement No. T 153 1, Attachment F, Page 8 of 12 Page 126 of 675 "Whoever, being an officer, agent, or employee of the United States, or of any Slate or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation: or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stal, 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUT10N CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated asfollows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2, That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants; a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set outbelow, b, The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall Submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection With the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction, C. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, e. The terms "Covered transaction," "debarred," ".suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor), 'Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 9. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all Solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (haus .//wwvv.c2fsqov i, which is compiled by the General Services Administration. DEP Agreement. No. T1531, Attachment F, Page 9 of 12 Page 127 of 675 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction forcause or default, 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a, The prospective first tier participant certifies to the bestof its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State of local) terminated for cause or default, b. Where the prospective participant is unable to certity to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Panic 1pants-, (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andlordebarment, c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances, d. The terms "covered transaction," "debarred," .'suspended," "Ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers), e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25.000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System websile which is compiled by the General Services Administration, h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP Agreement No. T] 53 1, Attachment F, Page 10 of 12 Page 128 of 675 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Eirctuslon--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarredsuspended, proposed for debarment. declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department oragency. 2. Where the prospective lower tier participant is unable to certty, to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that, a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each suchfailUre, 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. DEP Agreement No. 7'15;31, Attachment F, Page I I of 12 Page 129 of 675 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is. or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available, b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the conlractwork, c, For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor an the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order With the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perforin the contract work. (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the Information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service, 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service, The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required, 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633 207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract forwork which is, or reasonably may be, done as on-site work. DEP Agreement No. TJ 531 Attachment F., Page 12 of 12 Page 130 of 675 ATTACHMENT G M Formal regulations concerning administrative procedures for U.S. Department of Transportatio(DOT) grants appear in Title 49 of the Code of Federal Regulations (CFR) and 2 CFR Parts 12100 and 1201. The following list contains regulations and Office of Management and Budget Guidance which may, apply to the .work ,perfornied under thiL,6 �reenient, Subehapter A - General 49 CFR 24 Uniform relocation assistance and real property acquisition for federal and federally assistedi1rop grarns 49 CFR 27 Nondiscrimination on the basis of disability in programs or activities receiving Federal financial assistance 49 CFR 17 Intergovernmental review of DOTTrogranis and activities 49 CFR 20 New restrictions on Cobb ing 49 CFR 32 Government -wide Assistance) Other Federal Regulations 2 CFR 200 and 1201 Uniform administrative requirements, cost principles, and audit requirements for Federal awards 2 CFR 1200 _Non procurement Sus ensign and Debarment 48CFR 31 Contract Cost Principles and Procedures Office of Management and Budget Guidance For Federal Funding Sources awarded prior to December 26, 2014: A-21 (2 CFR 220) Cost Princi les for Educational Institutions A-87 2CFR_225) -Cost, Principles for State, Local, and Indian Tribal Governments A-122. (2 CFR 230) Cost Principles for Non -Profit Organizations A-133) Audit Requirejnents For Federal Funding Sources awarded after December 26, 2014 2 CFR Part 200 Uniform administrative requirements, cost principles, and audit requirements for Federal awards (State, Local and Indian Tribal Governments; Educational Institutes-, Private Non -Profit Organization other than (1) institute of higher education, (2) hospital, or (3) organization named in 2 CFR Part 200 Ap2endix Vill 48 CFR Part 31 Contract Cost Princi2les and Procedures (For Profit OLLanization) 2 CFR Part 200, Sub art F Audit Requirements Accounting Standards Governmental Entities Subject to accounting standards established by the Government Accounting Standards Board (GASB) Private Sector or Individuals Subject to generally accepted accounting principles (GAAP), prornulgated by the American Institute of Certified Public Accountants (AICPA), as aElicable DEPA v ,reement No. T1531, Attachment G. Page I of I Page 131 of 675 6.E. CONSENTAGENDA 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-112 - Authorize the City Manager to sign an Amendment to Site Agreement between the City and WeatherFlow, Inc. for the weather monitoring station at Oyer Park. The Amendment term of this Agreement begins as of the Effective Date and shall continue until December 31, 2017, thereafter to be automatically renewed annually, unless terminated by the City or Weatherflow. EXPLANATION OF REQUEST. WeatherFlow, Inc. is a company that installs and maintains real time meteorological data gathering towers/poles along the east coast of the United States. This data is provided to the National Hurricane Center, NWS forecasting offices, the University of Florida and other governmental agencies during hurricane and wind events. The 10 meter pole was installed in 2008 adjacent to the recreation building at the east end of the park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The pole and data gathering equipment is self contained and requires no electricity. The pole meets all wind load requirements. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Do not approve this amendment STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Description Resolution approving WeatherFlow Amendment Page 132 of 675 D Amendment D Exhibit D Exhibit REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Weather low Amendment WeatherFlow Pole Information National Hurricane Center letter of support Action Date Approved 8/30/2016 - 8:12 AKA Approved 8/30/2016 - 11:46 AKA Approved 8/30/2016 - 12:09 IIIA Approved 9/1/2016 - 4:11 IIIA Approved 9/2/2016 - 8:26 AM Page 133 of 675 I 2 RESOLUTION NO. R16- 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING AN AMENDMENT TO A SITE 7 USE AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH AND WEATHERFLOW, INC., FOR 9 THE WEATHER MONITOR STATION AT OYER PARK; 10 AUTHORIZING THE CITY MANAGER AND CITY 11 CLERK TO EXECUTE SAID AGREEMENT; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, WeatherFlow installs and maintains real time meteorological data 16 gathering towers along the east coast of the United States; and 17 WHEREAS, in January, 2008, via Resolution R08-005, the City Commission 18 approved WeatherFlow to install a tower at Oyer Park and to provide information to the City 19 of Boynton Beach at no cost to the City which will be very valuable in the event of a 20 hurricane; and 21 WHEREAS, the term of that Agreement has expired and WeatherFlow would like to 22 amend the term of the Site Use Agreement to be until December 31, 2017, and thereafter 23 automatically renew annually unless terminated by either party; and 24 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 25 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into 26 the Amendment to Site Use Agreement with WeatherFlow, Inc. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7E9074C5-E38F-4DCB-B6A4-05F1C8736783\Boynton Beach. 3912.1.WeatherFlow Site Use Agmt Amendment-_Reso.doc Page 134 of 675 31 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 32 approves and authorizes the City Manager to sign the Amendment to Site Use Agreement 33 between the City of Boynton Beach and WeatherFlow, Inc., for the weather pole at Oyer 34 Park, a copy of said Amendment to Site Agreement is attached hereto as Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2016. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 41 42 Mayor — Steven B. Grant 43 44 Vice Mayor — Mack McCray 45 46 Commissioner — Justin Katz 47 48 Commissioner — Christina L. Romelus 49 50 Commissioner — Joe Casello 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 Interim City Clerk 61 62 63 64 (Corporate Seal) 65 66 YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7E9074C5-E38F-4DCB-B6A4-05F1C8736783\Boynton Beach. 3912.1.WeatherFlow Site Use Agmt Amendment-_Reso.doc Page 135 of 675 AMENDMENT TO SITE USE AGREEMENT This Amendment to Site Use Agreement (the "Amendment") by and between the City of Boynton Beach ("Host") and WeatherFlow, Inc., a California corporation ("WeatherFlow") (together the "Parties") is dated as of September 8, 2016 and effective as of September 8, 2016 (the "Effective Date"). WHEREAS, the Parties entered into a Site Use Agreement dated December 4, 2007 (the "Site Use Agreement"). WHEREAS, the Parties desire to continue their relationship and amend the Site Use Agreement, as set forth below. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Amendments to the Site Use Agreement. The Site Use Agreement is hereby amended as follows: (a) Section 2. (TERM) is hereby amended in its entirety to read as follows: "The amended term of this Agreement shall commence as of the Effective Date and shall continue until December 31, 2017, thereafter to be automatically renewed annually, unless terminated by Host or WeatherFlow. Either party may, in its discretion, terminate this Agreement as of the 1st of January of any year by giving the other party written 90 day notice of such termination." 2. Limited Effect. Except as expressly provided hereby, all of the terms and provisions of the Site Use Agreement are and shall remain in full force and effect and are hereby ratified and confirmed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth in the first paragraph hereof. WEATHERFLOW INC. an Name: Matt Corey Title: Chief Meteorologist/Project Manager CITY OF BOYNTON BEACH an Name: Title: WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066 ph 800-946-3225 fx 831-438-3561 www.WeatherFlow.com US 4510240v.1 Page 136 of 675 Spiral Engineering Services, Inc., Project: "weatherflow10m.FINL" PLS -POLE Version 8.22, January 15, 2008 Solar panels, metering Lightning air equipment and battery box: terminal Actual area 4 sf: EPA used with Cf of 2.0 = 8 sf. See attached sheet for mounting details. DESIGN CRITERIA: Pole structure is certified to sustain 160 mph wind velocity per Florida Building Code with 8 sqr ft of EPA mounted within one foot from the tip, Foundation design is based on FBC (2004) Section 1819.6-.7 Pole design criteria provided by: SPIRAL ENGINEERING SERVICES, INC. Florida CA #7132 3900 Mockingbird Lane, Orlando, FL 32803 Ph. 407/898-6222 bmitted: ELECTRONIC COPY - NOT FOR CONSTRUCT/ON William Y. Ford, PE ate: #4 solid copper wire embedded in pole with tank ground connectors at each end. Connect #4 jumper wire from driven rod to ground terminal cast in pole at 30" above gnd. 1/2" copper ground rod driven 20 ft. WEATHERFLOW 10 METER POLE (Located within the State of Floirida) Anemometer Top of pole 33 ft Valmont/Newmark prestressed concrete pole 46 ft oal / set 13 ft. Pole to have kip rated capacity of 5.45 kips applied at 3 ft from tip Foundation Design: factored groundline reactions: Moment = 163 ft -k Shear = 5.5 kips Axial = 6.3 kips Foundation details: Auger 2.5 ft diam hole x 14 ft Place and compact one ft thick layer of rock in bottom. Set pole to 13 ft burial depth and backfill with FDOT #57 stone. Consolidate backfill with long-stemmed concrete vibrators in 3 ft layers. Check for pole frequently for plumbness during compaction with a 3/8" offset on a 4 ft level. Page 137 of 675 ���EpgT QF UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL WEATHER SERVICE National Hurricane Center 11691 SW 17 Street Miami, FL 33165-2149 March 25, 2016 Dear City of Boynton Beach, The staff at the National Hurricane Center (NHC) strives to provide the best forecasts during periods of extreme weather conditions. During these events, infrastructure is often weakened as important sources of information such as ship and surface observing equipment becomes damaged or fail to report. In fact, even in benign weather conditions, there is an under - sampling of weather phenomena along our coasts; the very areas where weather is often at its greatest variability. An integral component to successful operations at NHC involves the successful collection of accurate, representative, and reliable weather observations during the landfall of tropical storms and hurricanes. A partnership between the National Weather Service and WeatherFlow continues to improve this critical need. Data sharing between the groups is allowing the NHC to receive highly useful data to augment existing surface operations. The advantages of this network involve hardened techniques that have reduced the odds of losing data during extreme conditions, while capturing clean, unobstructed wind observations near the shoreline, the area prone to experiencing the most extreme conditions of a landfalling storm. The NHC extends a "Thank You" for contributing to the continued success of the WeatherFlow Hurricane Network by allowing a weather station on your property. This gesture displays civic responsibility that contributes to the overall well-being of your community. Weather data collected from your location is providing a useful data stream near the land/sea interface, critical to many aspects of the NRC's operation. These data contribute to more accurate forecasts, more timely and informative bulletins, and serve as an important data set for use in verification studies. Both your efforts and those of WeatherFlow are helping to build a Weather -Ready Nation. It is our hope that we can continue to rely on this useful data into the future. Sincerely, Rick Knabb, Director National Hurricane Center Page 138 of 675 6.F CONSENTAGENDA 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Budget meetings held on July 18 and 19th, 2016 and Regular City Commission meeting held on August 16, 2016. EXPLANATION OF REQUEST. The City Commission met on July 18 and 19 and August 16, 2016 and minutes were prepared from the notes taken at the meetings. 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: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes D Minutes D Minutes REVIEWERS: Department Reviewer Description Budget 7-18-16 Budget 7-19-16 08-16-16 Action Date Page 139 of 675 City Clerk Pyle, Judith Approved 8/29/2016 - 3:27 PPA Page 140 of 675 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE PROGRAM ROOM AT THE LIBRARY, 218 N. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 18, 2016, AT 2:00 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina L. Romelus, Commissioner Joe Casello, Commissioner Mayor Grant called the meeting to order at 2:11 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Interim City Clerk Pyle called the roll. A quorum was present. Mayor Grant reviewed the agenda to be followed. Lori LaVerriere, City Manager, explained presentations were prepared and if the Commission requested information that was not readily available, she would obtain it and supply it to the Commission at the next Budget Workshop. The Budget Resolution and Fire Assessment Rate Resolution were included. Tim Howard, Assistant City Manager - Administrative Services/Finance Director, would highlight the 16/17 budget, and the larger departments such as Police, Fire, Public Works and Utilities will make a presentation. The budgets provided from all departments were trimmed about $3 million in total. Mr. Howard explained they will review the 16117 budget, provide for public input, and by the end of the workshop, the Commission will need to adopt a proposed millage rate by Wednesday and a Preliminary Rate Resolution for Fire Assessment has to be filed with the Property Appraiser by the end of the month. The proposed millage was kept at 7.9 mills and there was no proposed increase for the Fire Assessment which will remain at $100 per residential unit. Thursday, September 8th is the first public budget hearing to adopt the budget. Tuesday September 13th, will be a Special City Commission meeting before the CRA meeting to adopt a final Fire Assessment Rate Resolution and September 20th will be the second public hearing adopting the final millage rate and the final budget for fiscal year 2016/2017. All funds to be adopted in the budget, City-wide, totaled $179.9 million. The four major funds comprising the budget (in millions) are the General Fund at $78.5, the Water and Sewer Utility Fund at $42.1, the Capital Fund at $23.1 and Solid Waste at $10.5. Debt service was $9.4, Fleet was $5.7, Golf was $1.7, Self-insurance was $4.6 and All Other Funds was $4.3 that totaled the $179.9 million budget. Page 141 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida The largest source of revenue is the Utility fee at $42.1 (in millions) were Property Taxes at $31.5; Capital and between funds at $14.8; Solid Waste Fees at $10.5; Intergovernmental at $9.1; Special Assessment (Fire) the Golf Course at $1.7; and all others at $6.4. million. Other revenues received Bond Sources, $23.1; Transfers Public Service Taxes at $9.5; at $5.5; Franchise taxes at $5; Vice Mayor McCray asked how much was put aside in the emergency reserve and learned the reserve account is 10% of the operating budget for the upcoming year. If the General Fund budget is approved at $78.5 million, the reserve fund would have $7.9 million set aside as emergency reserve. The proposed expenditure budget for the General Fund for the next year was $78.5 million, which was a $2 million increase (2.7%). Of that, personnel services including salary and benefits associated with staff accounted for $59.5 million or 79.8% of the general fund expenses. The operating expenses were $15.4 million or 20%, Capital Outlay of the fund was $.9 million and non-operating was $2.7 million. General funds (in millions) for services by department showed $30.1 was proposed for Police; $22.5 for Fire; $6.8 for Public Works; General government including staff, the City Manager and Clerk's Office was $6.06; Development was $3.08; Recreation was $2.9; Library at $2.5; ITS at $2.2; and Finance was $1.1. There was a $2 million increase proposed in expenses. Mr. Howard explained they highlighted the major increases in the upcoming budget year. Recommended new positions for the City Commission to approve included a Business Compliance Officer in Development, which pertained to the Business Tax Receipt issue. A new position was proposed for a Parks Maintenance Specialist to monitor pavilions on the weekend in order to ensure they can be rented a second and third time each day for all facility rentals. Mr. Howard explained there was a change in funding for personnel. In prior years, the City transferred a flat amount of money from the Utility fund. This year, he and Mr. Groff developed a new methodology for the transfer. Part of it will be a transfer of 7.5% of gross revenues into the General Fund to fund services in general, but the other component was to pay for direct labor. They chose departments that work with Utilities, i.e., Finance handles procurement, the City Clerk handles the agenda, and Human Resources handles personnel related issues. They were taking a percentage of those department budgets and transferred them to the General Fund. In prior years, there were positions paid directly from the Utilities budgets for ITS. This year, personnel were being added back, so there would be increases in some department budgets for personnel. The flip side is the transfer from the Utility increases. An increase for Fire and Police was recommended due to increases in transfers for vehicle maintenance/replacement in the future or equipment requests. Fire equipment had an increase due to turnout gear equipment, and the other is to replace all the self- contained breathing apparatus, but the cost was $850,000 if laid out at the same time. The equipment has a life span of 7 to 10 years and the vendor will finance the purchase K Page 142 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 of all of them over five years. The annual payment will be $195,000 to $200,000 versus $850,000. Vice Mayor McCray asked about the net fire operating increase and noted the last time there was a grant when they had to pay for extra firefighters and asked if it was covered. Glenn Joseph, Fire Chief explained they did not get the grant. Ms. LaVerriere explained there are funds for a match included if the grant was received. Chief Joseph explained they applied for three grant cycles and were not funded. He was hopeful they would be successful with the fourth cycle they applied for in July. The grant is based on the greatest need and there is a limited amount of money. Ms. LaVerriere explained the Assistance for Firefighters grant was highly competitive, but there was $60,000 or $90,000 they could use if not funded. Ms. LaVerriere explained they have been trying for three years to get the grant and have been funding equipment on a piece -meal basis. Mayor Grant asked if the current gear was up to Code and learned some was expiring which they cycle out. Mr. Howard explained there was a net increase in the Police budget for equipment for the possibility of body cameras, following up on procedures and processes, and from what they see; there would be an expense in next year's budget. Ms. LaVerriere explained they will roll out a new program within the next 60 days. The Union, through last year's bargaining, established a work committee of Union representatives and Department staff. They have been researching field testing and are developing a recommendation. The money is in the proposed budget, but they will present the program to the City Commission for approval in August or early September. Commissioner Casello asked if the City could piggy back on a purchase and Ms. LaVerriere responded they will look into it. Commissioner Casello noted the new Tasers are Supposed to work with the body cameras. Jeff Katz, Police Chief, explained it is a proprietary technology. If they use the Taser body cameras, it would work. If not they would not. It was a consideration. The next increase was in Public Works for janitorial contracts with additional services for the upcoming year, including deep cleaning of buildings, and additional money for building repairs in general. The next three items regarding increases pertained to pensions and the actuarially required contribution the City makes each year to each pension plan. The Police Pension increase was $400,000, Fire Pension increase was $200,000, and the General Employees' Pension decreased $414,000. Self-insurance for Workers Comp and property claims handled as an internal service fund increased $456,000. It was recommended those expenses be allocated to the departments in following years. This total was $2.1 million. Commissioner Romelus asked about the decrease in the General Employees' pension payment. Mr. Howard explained each year the actuary reviews the pension plan and the plan assets available to pay benefits for future years and the composition of the members. They forecast the projected salary increases and benefits over the next 20 years and determine the net value in current day dollars. They estimate employee 3 Page 143 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 contributions and develop two components of the annual contribution: one was the normal cost to pay the benefits projected over the next 20 years. The other component is how to fund the unfunded liability each plan has. Based on their calculations and net present dollars, the General Employees' Plan had a decrease this year. A few years ago the Pension Plan Trustees adjusted the assumed rate of return and mortality tables which caused the contribution amount to spike. It was now leveling out. Commissioner Romelus asked if the Commission was taking away from the individual pensions and learned they were not. The benefits were staying the same. It was noted next year the amount could increase $200,000 or more. Part of the City's issue regarding the pension contribution is the amounts fluctuate from year to year. Commissioner Casello asked why the Risk Management budget was increasing $500,000. Mr. Howard explained self-insurance is made up of premiums the City pays for its property and building insurance, plus the cost of self-insurance for Workers Comp cases and liability claims that are under the threshold the City has to pay. They use the last two to three years' experience and allocate them to the departments across the City, with departments in the General Fund being included as well as Utilities and Sanitation. The City is seeing an increase in Workers Comp claims and a few years ago they increased the self-insurance retention amount for each claim from $550K to $850K for Police and Fire. Julie Oldbury, Human Resource Director, explained it is a whole spectrum increase in the frequency of accidents and in the severity. Some cases cost significant dollars for individual cases. It was more on the severity side. Commissioner Casello asked if the City was developing programs or guidelines to reduce them and learned staff was working with consultants to develop programs, Commissioner Romelus thought the clinic could help with costs and was advised that was one of the goals. A department -by -department budget comparison from the current budget to the proposed budget was viewed. Vice Mayor McCray noted the City Commission budget decreased $29,000. Commissioner Casello asked why the Police Department administrative services decreased 34% and learned the Police Department has three divisions. The department moved some items from Administrative Services. Uniform Services increased $2.4 million and Administrative Services decreased corn mensurately. When the Department reorganized and added additional patrol personnel, they were removed from Administration. Vice Mayor McCray noted the Schoolhouse Children's Museum budget decreased 10% Mr. Howard explained they had requested an increase in the current year, which the City had agreed to with the expectation the Museum would work on their revenue sources and programing to reduce future support. The 10% reduction equated to $32,000 which was a result of that mandate. 4 Page 144 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 Mr. Howard reviewed the proposed funding sources for the $78.5 million in the General Fund leaving the tax millage at 7.9 and net property taxes at $31.6 million or 40% of the General Fund. Fund transfers constituted 20% of the General Fund; Intergovernmental Revenues from the State or other governmental units accounted for $9.2 million. Charges for services was $6 million either from Recreation or Fire Service contracts, the Fire Assessment is at $5.5 million, and Franchise Taxes from FPL, licenses and permits was $4.3 million. Mr. Howard explained fund transfers were from other funds into the General Fund. The proposed revenue changes for the General Fund for the upcoming year were reviewed. The property tax gross amounts had a $2.7 million increase due to the increase in assessed values which rose to 7.99%. The millage rate stayed the same. Part of the increase was due to the CRA District. Their revenues would increase $670,000 which the City would disburse to them. The City's portion rose from $5.9 million to $6.6 million and the net increase in property taxes that will remain in the General Fund was $2.1 million. Florida Power & Light, Business Tax and building permits were estimated to increase to $200,000, Business Tax was estimated at $125,000 and Building Permits was estimated at $250,000, State Shared Revenue, sales tax and ambulance service added another $525,000. It was noted ambulance service collects about 70% of the revenues. The transfer from public service tax debt increased due to a public service tax bond refinance which lowered interest payments over the next 12 years. Water and Sewer transfers increased $500,000 due to the methodology Mr. Howard and Mr. Groff use for the transfer. The Solid Waste transfer was $4 million and Mr. Howard recommended it be reduced to $1.8 million, as there is a need for an additional crew in Solid Waste and vehicles for them. Total revenue going into the fund ranged from $10 million or $11 million a year, and the $4 million was a high amount to transfer which- should be reduced. The fund balance needed for the reserve/additional reserve above the emergency reserve was $450,000. The next year, Mr. Howard advised the amount should be $426,000 this upcoming year Mr. Howard explained staff started puffing the budget for the upcoming year together in February through to -date, and they forecast from October 1 to September 30t'. Staff is normally very conservative on revenue and since Mr. Howard has been with the City, they have not had to use that fund balance. He hoped it would not be used until the end of the year, but needed the amount to balance the budget. Commissioner Casello asked if a new garbage truck would be purchased from the Fleet Division and learned it was to accommodate a new crew. Mr. Howard explained Fleet Maintenance purchases it, but the Sanitation Fund pays for it. The roll back tax rate is the rate the City would set its millage at to collect the same dollars from property capital and property taxes they collect this year. With the increase in property values at 7.99% in order to collect the same amount of ad valorem tax A Page 145 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 dollars, the Corrimission would adopt a millage rate of 7.3816. Staff was recommending 7.9 mills for the current millage rate. If the Commission adopted the 7.3816 roll back rate, the City will be short $2.1 million in revenue and would have to reduce expenditures commensurately. With a proposed rate of 7.9 mills, the City would be required to place an advertisement, as part of the budget process in September, which will indicate there is no rate increase from the current 7.9 mills, but there is an actual tax increase of 7.02% per the State TRIM calculations over the roll back rate of 7.3816. This is due to the increased property values and this week the City Commission will adopted a proposed millage rate. It was noted the proposed millage rate can be reduced or increased. In order to increase more than what was adopted this week, the City is required to send a first class mailing to every resident regarding the budget cost about $44,000. (This sentence is not correct. Listen again. The first class mailing is only if the tax rate is increased after the proposed rate is established.) A chart reflected how many parcels paid $200 or less in property taxes. Commissioner Casello asked how many non—profits were in the City. Ms. LaVerriere agreed to get the information for the next day's workshop. Commissioner Casello asked if there is a payment in lieu of taxes for non -profits. Ms. LaVerriere was unaware of a plan, but commented there were arrangements with Clipper Cove and a few other developments for payment in lieu of taxes and it is on a case-by-case basis. A visual gave four different scenarios of homesteaded properties using the Save our Homes Law. Mr. Howard explained taxable values can increase 3% of the Consumer Price Index (CPI) or whichever is lower per year. This year, the Property Appraiser was using .7% Mr. Howard reviewed a slide showing non -homesteaded properties and commercial properties and commented they do not have the benefit of the Save our Homes law and their taxable values average rate across the City of 7.99% was used. Vice Mayor McCray noted the City was already at 7.9 mills and asked what the City would lose if they used 7.5 mills and learned each one-tenth of a mill is $400,000 in property taxes, for a total of $1.6 million. Mayor Grant asked what percent change .1 mill would be and Mr. Howard agreed to get back to him. He commented the non - homesteaded properties and commercial have higher rates. It would be less than a dollar a month for a homesteaded $100,000 property. Vice Mayor McCray asked about prior millage rates and learned it was at 7.9% for the last three years. Mr. Howard explained the proposed budget has the same millage and fire assessment fee. General Fund department budgets included Administrative departments such as the City Commission, City Manager, City Hall, General Administration, Marketing, City Clerk, Finance, ITS, HR, City Attorney and the Library and Schoolhouse Children's Museum. Commissioner Casello asked why Emergency Management was less 72%. Mr. Howard explained the City previously paid for a PSAP communication line, When A Page 146 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 Communications was moved, they disconnected the line because it was not needed and it saved $4,800 a month. Commissioner Casello had asked for comparables and noted over the last three years, almost a million dollars for legal services was paid. He believed Attorney Cherof's retainer was $194,000 and understood he pays his health and other benefits. He asked the differences in the yearly amounts paid. He was not debating they were real costs. He favored having in-house counsel from Attorney Cherof's firm and asked how the lawyers who litigate for the City are selected and how those fees are handled noting other services are bid to obtain the best possible rates. Commissioner Casello could not recall any real litigation. He suggested adding legal bills to the Consent Agenda. He thought it would be more transparent to, instead of learning the amount spent at the end of the year, they see what was paid throughout the year so Commissioners could ask questions. Ms. LaVerriere thought a monthly report could be prepared which would have about a one-month lag, Anything outside the retainer fee would be included so the Commission would know how much labor, personnel management, forfeitures and a monthly operating report. Attorney Cherof explained the Legal Department submits bills by file, by case and it shows the details of who worked on the case and the amount of time spent on it to a 10th of an hour. The bills are available for viewing by grouping or they can be summarized and the total time spent on the case. The same can be done with the retainer amount as it is tracked the same way. This past month, approximately 575 hours was spent under the retainer. He suggested the Legal Department delineate what amount of time is spent on various departments, labor disputes, Collective Bargaining, arbitrations and litigations. Commissioner Casello commented they attend closed -door sessions and settle a case for $10,000, but it bothers him when they ask about attorney's fees and learn it cost $22,000. He could not recall a trial the City has had during his time as a Commissioner or a time they agreed to move a case forward and take their chances. Attorney Cherof explained the closed -door sessions are an opportunity to discuss the pros and cons of a case before making an offer or respond to an offer to settle. It is done behind closed doors so they would not disclose the details of the case because it would affect the bargaining position of the City. He thought they could do a better job as the case progresses to keep the Commission informed about the risk associated with the cases that are not apparent. Commissioner Casello commented the Commission is swayed by his professional opinion, but did not want the City to be an easy target and he would like those numbers included on the Consent Agenda. Commissioner Casello also inquired how the City used Lyman Reynolds and Mike Burke. Attorney Cherof explained the City was not always self-insured and coverage for claims that require closed -door sessions was provided by a policy under the Florida League of Cities. The two firms were the approved attorneys by the Florida League of Cities and the City had no selection in the process. When the City transferred from a Page 147 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida limi2l.-AKIW, buying coverage to being self-insured, Risk Management had decided it was best to leave the cases those individuals had in place. He was comfortable the law firms provided appropriate and competent defense of the claims and additional cases were given to them. Only during the last few years have cases begun to be transitioned to the City Attorney's Office to handle and work to the two law firms has gotten less and less. The Legal Department had hired an attorney that had worked for a defense firm in Miami to provide the expertise and defense of the firms in lieu of those other two. The Department has begun transitioning work to the Legal Department, but that would not be true in every case moving forward. There are certain types of cases that involve multiple defendants. In those instances the City will always look first to the law firms that had represented them in the past. Commissioner Casello asked Ms. Oldbury if she has investigated whether there is a better deal with the City and learned both firms charge a flat rate which was the same. Attorney Cherof explained the City has used additional outside firms aside from Lyman Reynolds. Commissioner Romelus inquired if the City was trying to get an in-house attorney. Mr. Howard clarified Attorney Cherof had spoken about transitioning from outside firms to in-house, which would be him. Jeff Katz, Police Chief explained the Mission of the Police Department is to provide effective, efficient and impartial service; be selfless stewards of the public trust; cultivate problem solving partnerships and be committed to the tenants of civility, accountability and pride. The Department received 63,221 calls for service, and he gave the statistics for citations issued and arrests, noting 95.2% of them were made without use of force. Vice Mayor McCray asked when someone goes to court how much money the City would receive and learned it depended on whether it was civil court or criminal restitution. He commented the City does not have a restitution program in place. If convicted on a traffic citation the City would receive $12.50, earmarked for police automation or a county radio system. In 2015/2016, the Department reorganized and put a captain in charge of Administrative Services, who works with Risk Management to assess why are they getting sued and how personnel are injured. Commissioner Romelus asked why the Department had a 10% increase and learned they expanded patrol staffing by 25 people. Mayor Grant wanted to know how many citations were issued in 2014 and Chief Katz agreed to provide that information. One area needing improvement was the implementation of a personnel wellness program and defensive tactics training and to help keep drivers attention in front of them through Blueprint equipment in the patrol vehicles The Department, in partnership with the CRA implemented the Neighborhood Officer Program. They hold Quarterly Town Hall meetings and appreciate the feedback they receive. They implemented cost savings through efficiencies; they increased their patrol presence and accountability. In the past, officers were assigned to check which M Page 148 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 officer had which equipment, but it is now automated. They have a Quartermaster locker system and a captain in charge of the budget and are investigating savings through procurement. The budget for fiscal year 2015/2016 was $29.4 million and for 2016/2017 is $30.1 million. Operating costs are about 16% of their budget. Administrative services had a 34.4% decrease because they transferred personal to Road Patrol as part of the reorganization. Support services had a slight increase of 9.2%, 55% was for salaries, 34% for benefits and 11 % for operating costs. This increase was to accommodate the purchase of body cameras to demonstrate the officer acted appropriately. Chief Katz explained there were public record concerns, which was why the Department was not an early adopter of the equipment. There were civil liberty issues and legislation was drafted which will be adopted. Vice Mayor McCray asked how many positions would be lost if the Red Light Camera program was eliminated and learned the program funds three positions. The budget increase would implement body cameras, officer physical exams per the Collective Bargaining Agreement and expedited DNA testing. The City has an agreement with the Boca Raton Police Training Facility with Delray Beach to receive expedite DNA testing. They have instituted a predictive police program as crime is a behavior which is often predictable. The Department is using data to deploy the Police Department to be the most efficient and effective. They will need funding next year-. The Department was looking for additional funding for protective gear and active shooter training which is a City-wide initiative. Exercises would be rolled out at City Hall and they would like to offer it at the Mail, and other institutions such as Bethesda Hospital. He felt active shooter situations are a fact of life and citizens should prepare for it and have a plan. Vice Mayor McCray asked if field medical kits were for the heroin overdoses and learned it was not. The kits for overdoses were purchased by the Fire Department. The Police kits were for gunshot wounds, The Department was asking for an increase of $730,000 which was a 2.4% increase which was in-line with the overall City increase. He pointed out 85% of the funds are based on salary, wages and benefits and 15% were operating costs. Vice Mayor McCray asked how much the Department budget was trimmed. He was advised to submit what they wanted and they work through it. The original wish list cost about $1 million. Commissioner Casello asked Ms. LaVerriere to compile figures from other municipalities regarding their Police Department budgets and learned Ms. LaVerriere used Boynton Beach, Delray Beach, Boca Raton, and West Palm Beach regarding the percentage of operations and per capita amounts to review their operations budget compared to their General Fund for both Fire and Police. 9 Page 149 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 The Police Department is 38.4% of the General Budget. Boynton Officers are the second or third highest paid officers behind the Sheriffs Office and Boca Raton. Ms. LaVerriere explained the Police Department takes up the largest part of the budget followed by the Fire Department. Commissioner Casello noted Public Safety is $56,547,980 and Mr. Howard indicated public safety was 67% and on another page indicated it was 72%. Mr. Howard agreed to research the matter. Mayor Grant asked if the City had cost estimates from the Sheriff Office and if they could obtain the police per capita cost. Chief Katz commented the County Police Department budget was half a billion dollars and 50% of citizen taxes go to pay for it. He did not know what the per capita cost would be. He also commented the delivery of police services is not a quantitative experience. One must look at the relationship the Department has with the community and public trust. Mayor Grant commented the Sheriff Department would not be able to determine what programs are appropriate for the City. Mayor Grant understood the cost of one License Plate Reader (LPR) was $25,000 that would be at a fixed location with the cost to be borne by the CRA. Mayor Grant was aware Delray has closed circuit TV and asked if the City would want one in the future. Chief Katz explained they are valuable for intelligence in drug and violent crime areas and worth the money. Mayor Grant inquired if they could increase the_millage rate for more cameras and learned, if so, they would have to cut funding for another item or add it to the fund balance. Mobile units were slightly more than fixed units. Mayor Grant hoped for at least two more cameras and commented it is an amazing tool to help solve crime. There have been homicides in the City where they only have a description of the vehicle. There have also been speeding incidents causing fatal accidents. He explained with the technology, they would not have to chase them. Additionally, the Red Light Camera program helps provide intelligence. The City can request footage on a particular period of time as used in a crime. It has been used dozens of times and major crimes were solved because of it. Chief Katz clarified over the last three years, the Department has gone out of their way to establish positive relations with the community. They hold quarterly Town Hall meetings, have a social media presence and last Friday was interviewed on the radio about the value of having good relationships with the public. The Sheriffs Department is a fine organization, but he would put the Boynton Beach Police Department against the Sheriffs Department any day. Commissioner Casello thought a study would compare apples -to -apples and justify the Department. Citizen feedback would say the public is pleased. Commissioner Casello wanted the study. Ms. LaVerriere commented they can start a wish list to include the study and readers and add and subtract items. The last study was $60,000 for an operational review. She thought it may be more. Mayor Grant commented if looking to go with the Sheriff, the City does not need to build a new police station. Chief Katz explained Lake Worth contracted with the Sheriffs Department. They also needed a new station, but were told they needed to supply the iul Page 150 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 infrastructure. The Sheriff would only supply the service unless it is included in the negotiation. Vice Mayor McCray wanted the tag readers on the wish list, but did not want to increase the millage. He wanted staff to know that they are not trying to lose employees by having a feasibility study. They had a study done even before PBSO made a presentation and he asked what happened to that study. Ms. LaVerriere clarified it was a proposal from about 2012. Ms. LaVerriere explained as it related to the savings and what interest the sheriff would have to submit, a consultant would do the financial feasibility study because internal staff does not have the time, Ms. LaVerriere advised she would estimate $60,000 for the LPR and $80,000 on the feasibility study. Commissioner Casello thought the City Commission voted to have a feasibility study during Strategic Planning. Ms. LaVerriere explained it was added as an initiative. Funding would have to be identified, next an RFP drafted and issued. Commissioner Katz did not want to add to the budget, but they added a number of things with cost implications during Strategic Planning. He would probably vote against adding items to the budget. With the items added at Strategic Plan and here, they could add half a million more to the budget. Commissioner Romelus agreed as the City was dipping into its Emergency Reserves and it would tax the budget. Vice Mayor McCray disagreed because when reviewing a budget, the Commission can determine where they can add and cut. Commissioner Katz did not think there was compelling evidence. Commissioner Romelus asked about the three officers manning the Red Light Camera and learned they are not funded in the Public Safety Fund. They are included in the Police Department. Ms. LaVerriere was still looking at reorganizing Code Compliance and they may be incorporated into Code Administration, It was up to the City Commission. Whether or not the City keeps the RLC program, the three positions would be moved elsewhere. Mayor Grant opened Public Comments. David Katz, 67 Midwood Lane, lived in the Meadows for over 12 years. They paid close to $11.5 million in taxes. There is a four -acre parcel designated as parkland which was never developed. He thought instead of looking to spend $80,000 on a study to see if the City should use the Sheriff Department which he opposed, they should take the money and develop a passive park in the Meadows. It would not be a big addition to the budget. Herb Suss, Boynton Beach resident, commented he was a former Auxiliary Police Officer and understood what the Police Department experiences. In light of what 11 Page 151 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 occurred in Dallas and Baton Rouge, he looked forward to the City Commission doubling up patrols for the safety of the officers during certain periods of time. Vice Mayor McCray left at 3:52 p.m. He wanted to keep the millage rate at 7.9 or 8.1 as increases do occur. He attended every budget meeting for 15 years. It cost $330,759 for body cameras and it is a must for police and it must stay in the budget. He has been pitching 2.5% increase for the police force, but did not think it was enough. If the City Commission keeps its millage at 7.9 or 8.1 mils, it could be lowered and there is a contingency in the General Fund. The millage rate must stay at a sensible rate because he wants Police Department, the Fire Department and Sanitation to stay in the City. Vice Mayor McCray returned at 3:55 p.m. He explained if the City does not take care of its employees, the City would not attract business or anything and housing is needed. He commented every department is an asset. Mike Fitzpatrick, 175 SW 2nd Street, commented staff did a good job this year with the budget and wanted to speak about Town Square but there were no public comments. He thought City Commissioners should not limit options of future Commissions and commented the unfunded pension liability last year was $10.6 million. Years ago, the problem could have easily been rectified. He thought breaking up continuous land for the Town Square would be a mistake. He understood the use of the P3 process, as the City does not have the use of $10.6 million to pay for capital improvements, and suggested instead of selling the land, 'the land be leased for 99 years. He also noted Kids Kingdom perfectly complements the Schoolhouse Children's Museum and possible civic activities contemplated for the OHS. He asked if the playground were bulldozed where another playground would go. As far as staff saying it was failing apart, it was not as the concrete castle was designed to survive a Category Five Hurricane. New citizen volunteer groups could rebuild any failing wood portions. He pointed out a total of 1,500 individuals built the playground and it was hard to build a better future by destroying community blocks. Mark Karageorge, 240A Main Boulevard, recommended keeping the millage rate the same. Property values increased three years in a row which should continue. He felt the City did not need the study comparing Boynton Beach with the PBSO as City Public Safety does a fine job. Using the County would ruin relationships, response times and affects lives. He commended the proactive stance the Police Chief has taken. The budget indicates what the priorities are and Public Safety is number one. He would like to see if the consultant for the pension funded in this budget so the City should look at the results and could address reform next year as substantial savings could be made. He commented Code Compliance had nine officers and now has four. They need more and asked how many more officers would be added. 12 Page 152 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 Ms. LaVerriere responded there were no new positions proposed in the budget, but as part of the reorganization efforts there is a Code Officer in the Sanitation Division that would be transferred into Code. The two vacancies they currently have would not be filled until after the reorganization is complete. The City was looking at career paths and there may be an outreach coordinator. The CRA also proposed funding an officer to work with the City. Mr. Karageorge commented Code had over 18,000 cases and in the past, they had over 1,000 cases a month. Susan Oyer, 140 SW 27th Way, serves on the Historic Preservation Board and they want a Historic Sign Project. She asked where would it fall under the budget and if it was budgeted. Commissioner Casello pointed out it was on the next City Commission agenda. Ms. LaVerriere explained funds for signs were not included as it would depend on the program. Ms. LaVerriere thought they could work with what they had. Commissioner Casello thought $1,000 would cover the need. Ms. Oyer asked where the median strips and streets fall in the budget and learned it was under Parks and Grounds. She thought -the median strips were a mess on Boynton Beach Boulevard and the vegetation in the medians are dead and dying. She spoke with Mr. Livergood and Glenda Hall and a median strip is $18,000. She asked if the plants were receiving water and why they need to be replaced every year. Mr. Livergood explained it is not uncommon to lose 10% of the planting as it is a harsh environment. The City has also had issues with the vendor and the pesticide and herbicides they applied. There was some decay and decline in plant life and he was told the plants would rebound. The medians can be improved and the City has spent a lot of time on medians. Mr. Livergood explained there is money in the budget. Ms. Oyer thought more trees were needed and shade and tree canopies needed improvement. Harry Woodworth, 685 NE 15th Place, explained there were three tax base increases in three years and the millage was 7.9. He commented the City just received 7% and he thought raising the millage made no sense. He commented Code Compliance is badly broken. The center of town is on Boynton Beach Boulevard and Federal Highway and the Royal Palm tree by the drug store was dead. He agreed with the comments about the medians. He thought nothing was more expensive than deferred maintenance and when something breaks, it should be fixed. The playground and Schoolhouse Children's Museum is underestimated. He was aware the playground and Museum attract people from North Palm Beach and 5,000 youth attended the Prince and Princesses Day event. He was unsure why the City was not obtaining competitive costs for the Police Department and agreed pensions need to be fixed. His paycheck is 42% less than what he made for 22 years commenting pension programs implode. The Commission had 12 priorities and they now have 18. He pointed out there was no such thing as a priority list without a budget and the Commission cannot have 18 priorities unless there is funding. He thought it was frustrating to see the priorities and know the funding does not match. 13 Page 153 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 Commissioner Katz announced he had no intention of raising taxes and Mayor Grant pointed out some of the initiatives are for the CRA. Jerry Taylor, 1086 SW 26th Avenue, explained contracting the Sheriff was not a new idea. It came up many times over 13 years. Each time, residents overwhelmingly did not want the Police Department dissolved and wanted nothing to do with the PESO. He commented you get what you pay for and "if it ain't broke, don't fix it." Mayor Grant closed public comments and recessed the meeting for a short break at 4:15 p.m. The meeting was reconvened at 4:21 p.m. Glenn Joseph, Fire Chief, explained the Fire Department budget had a 2.9% increase with 45% of the increase for safety equipment, including personal protection, bunker gear, structural helmets and self-contained breathing apparatus. The breathing apparatus was obtained through a five-year lease/purchase to reduce the impact on the yearly budget. The Department submitted a grant, but has not been able to obtain funding. Other operational items include extricating equipment, thermal image cameras and PPE extractors to decontaminate bunker gear to minimize occupational hazards associated with chemicals. Commissioner Katz asked why the Department keeps missing the grant. Greg Hoggatt, Deputy Chief of Operations, explained they missed it because the City was honest. When they submitted for the Assistance to Firefights' Grants, they are required to list the ages and quantity of Personal Protective Gear and the gear had to meet two National Fire Protection Agency (NFPA) lifecycle changes or be more than 10 years old. Boynton Beach opened new fire stations and rebuilt others. He learned departments -that received the grants took the oldest equipment which used false data, which he would not do. This year, the requirements mandate listing the age of the gear. Of 84 self-contained breathing apparatus in the City, 58 are over the 10 -year mark so they do not qualify for the whole amount and Boynton Beach is viewed as having some good ones and some old ones. Departments that have totally outdated equipment are ranked higher than Boynton Beach. Last year, the Department could no longer wait and had to start looking at replacement and that was why they went to a lease purchase option. Commissioner Katz and Commissioner Romelus appreciated Mr. Hoggatt's integrity. Commissioner Casello asked if the Boynton Beach Fire Department adheres to NFPA standards and learned all regulations are followed. Minimum manning on a fire truck, using NFPA 17.10, Standard for Response Capabilities, is set for a certain amount of effective firefighting force on the scene within the first eight minutes, with the balance of firefighters within the next 10 minutes. The City meets the provision for structural fires by sending at least, two ladder companies or suppression units, two rescue companies, special operations and a battalion chief. They meet the response time 90% of the time within the first eight minutes. On a true 14 Page 154 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 working fire, the balance of the alarm follows in 10 minutes. Staffing is not specifically addressed in NEPA 17.10. It only gives guidance on personnel on a scene within a time frame. The City dispatches to get people to the scene, they arrive on the scene and work within that period. Dispatch procedures are broken into three categories: BLS, ALS and CLS which is basic, advanced, and conditional life support. When the Fire Department submitted the budget, 15 positions were identified to address staffing from Station 1, the Task Force, Special Operations and EMS captains. Commissioner Casello did not see any new hires in the Fire Department and learned Ms. LaVerriere cut them. He thought it was important to have the proper number of fire-fighters on the truck and thought three fire trucks on a code was excessive. Commissioner Casello suggested they get extra bodies in Station 1. They may not have money in the budget for additional personnel, but thought overtime may help to send one truck out when needed. It may be cheaper and help with the pension issues. He thought they should have the minimum manning on a truck and not send two trucks that only need one piece of apparatus. He understood the City will sign a 12 -year agreement with Briny Breezes noting Station 1 services them. They will have increased calls. He also did not see any exit clauses in the agreement and learned it had a 90 -day clause. He thought he and Chief Joseph should meet as it is a life/safety issue. Chief Joseph agreed and commented if they had the resources, they would hire the personnel. Commissioner Casello noted the Police Department has $1 million in overtime costs and thought Chief Joseph should review the issue. Ms. LaVerriere asked if the Department had been in any unsafe conditions and learned they work with the resources they are given and have the backup personnel. Commissioner Casello wanted to be proactive. Chief Joseph explained if given the directive, he would work with the City Manager. Commissioner Casello thought they are taking chances by sending extra apparatus out because the Department does not have the right manpower. Ms. LaVerriere asked if she should add it to the wish list and Commissioner Casello explained it was not a wish list. It was public safety and it was not a safe situation. Mayor Grant explained you cannot do that unilaterally and the City Commission would have to ask the Fire Chief to speak with the City Manager. Commissioner Katz commented if it was an unsafe condition, it elevates to a higher priority. If understaffed at a current Fire Station, he thought this should be added to the potential list as it jumps ahead of everything else. Commissioner Romelus agreed and there was consensus the Chief would meet with Ms. LaVerriere and she explained she would bring the increase to the budget to fund the positions to the second budget hearing. Chief Joseph reviewed the number of full-time positions that were needed. The total was nine individuals to have coverage to equal the other fire stations. The cost averages about $100,000 per person including benefits, training, and some promotions. It averages about 100,000 per person. Mayor Grant asked if something could be done seasonally or it had to be staff year round. Mr. Hoggatt explained that was up to the City W Page 155 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 Commission. Ms. LaVerriere advised this is $400,000 to $500,000 for six fire-fighters per full -year and they could work out overtime for the Kelly days. Mayor Grant asked if the City was using the internet with dispatch and if the E-911 addresses were entered into the system based on GPS and learned they were. Deputy Chief Hoggatt responded they found a cheaper system, that was more efficient to use and had hardware that was a fraction of the cost of what the Department was currently using. He attended a demonstration showing the enhancements. The hardware could receive the CAD information almost immediately. They use it for mapping and advanced vehicle location tracking to show them where to go and where the other vehicles are so as they approach the intersections, the two vehicles would not meet at the same time. The hardware also provides the routing. Deputy Chief Hoggatt explained red lights are controlled by the County and the City does not have traffic preemption devices, which could improve response times. The County has proprietary computer programs for those matters. The emergency light on NE 1St and Boynton Beach Boulevard is manually activated as they leave the house as is the one on South Federal Highway. The Department has received emails from concerned citizens. Commissioner Casello noted last year two fire stations closed due to mold. He asked if there is a program to address it and learned there was. Personnel are walking and inspecting the stations monthly and working with Public Works. They developed a Standard Operating Guide. Public works initiated deep cleaning with an outside company twice a year. Chief Joseph just hired a new safety and training officer to address issues around the station that could be harmful to firefighters and the public. Ms. LaVerriere explained there is an increased line item in the Public Works budget dedicated for deep cleaning and janitorial services for Fire stations. Vice Mayor McCray asked why Deputy Chief Hoggatt waits a whole year before he goes out and inspects the stations. Chief Joseph responded it was the new Training and Safety Officer's primary responsibility and a safety committee would be established that would meet at least quarterly. Station captains and battalion chiefs handle monthly issues and inspections. Commissioner Romelus asked if, in addition to providing figures for additional personnel, they would review part time options. Chief Joseph responded they would look at the options with Ms. LaVerriere. Overtime or a full-time person would be used. Commissioner Romelus received confirmation the agreement for Fire Service with Briny Breezes was a continuation. Ms. LaVerriere commented Briny Breezes is asking for police services which they used to provide. Andrew Mack, Development Director/City Engineer, explained Development consists of Planning and Zoning, which guides physical development of the City and oversees the Land Development Regulations (LDRs), coordinates the review process, administers 16 Page 156 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 the Historic Preservation Program, and acts as Liaison to the Historic Preservation Board, and oversee the Comprehensive Plan, Building handles plan review, inspection and construction permitting; coordinates and reviews the entire construction process, including Planning and Zoning, the Fire Department and other departments such as Utilities to ensure compliance with all building codes; and oversees damage assessments during emergencies. Community Improvement administers the Community Development Block Grant and the State Housing Initiative Program, provides support services to various neighborhoods and groups, coordinate housing assistance programs to low and moderate income residents, provides housing and rehabilitation services to residents and offer funding to first time homebuyers looking to purchase in the City, Vice Mayor McCray asked about how SHIP is funded and learned the program is funded on real estate taxes which are allocated. This fiscal year the Department collected $2,225,000 in building fees. Planning and Zoning collected $73,081. Business Tax Receipt and Certificate of Use fees were $1,607,857. The Department issued 6,493 permits and conducted 16,865 inspections, reviewed 11,386 plan reviews; 6,418 Planning and Zoning applications, and issued 9,200 Business Tax Receipts, 2,500 Certificates of Use, and handled 27,074 phone calls and issued 1,540 Public Records Requests and serviced 20,868 walk-in customers. Mr. Mack agreed to provide last year's figures. The phone calls were to the Main Answering Point. A summary of expenditures reflected the Development Administrative original budget was $1,195,531 which was reduced to $1,149,029, after meeting with the City Manager, The Building Department requested $1,238,133 and was then cut to $1,205,088. The Planning and Zoning Department requested $800,422 which was reduced to $733,234. Community Improvement submitted a budget for $234,254 which was unchanged. Development Administration had a 14.8% increase of $148,000; Building increased .7% compared to last year, which had a net increase of $8,893. Planning and Zoning had a 1.3% decrease of $9,338 and Community Improvement had a 16% decrease of $44,953. The Development Administration budget increased due to personnel costs through a reorganization and credit card fees. The Building Department budget increase was tied to personnel costs and the Planning and Zoning and Community Improvement budget decreased due to personnel costs. Changes in the Department occurred as there was a cost to outsource Business Tax Receipt and Certificate of Use notices. The Imaging Technician position was 50% funded with Utilities and was now funded 100% by the Department. They added a career path from Application Technician to an Application Specialist and the Development Director had a conversion from a take home car to a car allowance, which added a cost as did the addition of a Business Compliance Officer. Credit card fees were consolidated from three divisions to one in Development Services and the increase was commensurate with the actual cost that occurred. WA Page 157 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida Commissioner Casello asked if credit card fees were negotiable. Mr. Howard explained the fees are already negotiated based on the State of Florida and Boca Raton contract. When the user pays the fees, they pay that fee upcharge, which was being reviewed. Vice Mayor McCray thought in reference to the take-home vehicles compared to the car allowance, City-wide it might be cheaper. The Building Official position had been funded 50% from Public Works/Engineering which would cease in the new budget. The cost for a car allowance, cell phone, printing costs for the National Flood Insurance Program and Community Rating System were included. There were two new vehicles purchases, a fund transfer for future replacement costs and there was a reduction in pension changes due to employee status changes. New initiatives included the BTR increase, compliance, COU implementation and expansion, BTR and COU Ordinance review and process improvements, continuation of the CRA Redevelopment Plan implementation, a Workforce Housing Ordinance review, Recovery Home licensing and renovation review, the Complete Street, Model Block, Cottage and Town Square developments. Mayor Grant asked when BTRs are mailed out and learned they were at the end of July/early August, good from October 1, 2016 through September 30th. The Certificate of Use is issued at the same time as the BTR. Commissioner Casello asked if the City was increasing its Business Tax Receipt fee. Staff recommended a 5% increase and it was approved and would be finalized on second reading at the next City Commission meeting., Commissioner Casello queried with development occurring in Boynton Beach, if the West Wing was operating efficiently and if customers were receiving timely service. He had heard it takes three weeks for someone to get an air conditioning permit. Mr. Mack responded the Department could always do better. There are five intake staff and a supervisor. The Department hired two new intake personnel so the Department should be back up to full staff. As for plan review, a portion of the work is outsourced as it is difficult to hire in those positions due to competition with private companies. Commissioner Casello asked if outsourced, if it comes back timely and learned when the Department outsources, they outsource a person to come to the office and conduct the plan review in the office. Mayor Grant asked if the Department was fully electronic for all the forms. Mr. Mack responded currently, they do not have any electronics at all. It was put in the budget in prior years and in the CIP and there are costs. Mr. Groff is working on an initiative to piggyback some of their operations. They were hoping to have an electronic process for the Business Tax Receipt review, especially for home-based businesses. Vice Mayor McCray inquired about speed bumps. He noted Ft. Lauderdale has speed bumps that gradually go up and asked about the difference. Mr. Livergood explained speed bumps are very pronounced and speed humps or speed tables are more gradual and are allowed per Code for streets. Chief Joseph explained they discouraged speed W. Page 158 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 bumps. The equipment is a lot heavier and it adds seconds to a minute to emergency response time. Jeff Livergood, Public Works Director explained Public Works is comprised of Engineering, Administration, Facilities Management, Fleet Maintenance, Parks and Grounds, Solid Waste and Street Maintenance. The Department gauges its success based on the squad cars, heavy equipment or ambulances on the road. They gauge medians by a wow factor or a "yuck" factor. Mr. Livergood noted Commissioner Casello had commented favorably on the condition of Intracoastal Park on the 4t" of July. The Department wants to keep municipal buildings open, do not want mold and want the air conditioning usable. Roadways need to be safely maintained, without potholes and be well -marked. They upgraded their markings to Therma-plastic and spend a lot of time ensuring signage is in conformance with Manual of Uniform Traffic Device Standards. They make sure rights-of-way are well maintained and functioning. Vice Mayor McCray noted the wall by Public Works was painted which created a wow. Public Works is measured with internal numerical statistics and how other departments indicate they are doing. They try to be on time with refuse pickup. The Street Department budget is $1.1 million and of that, $605,000 goes to FPL for street lighting. The street department makes minor repairs to sidewalks and streets and pressure wash throughout the community. Sidewalk replacement is not in the program, but is in the Capital Program. When there is an area that fails and they have to repair it the next day, they fix it in-house. There was no significant change in Engineering other than Mr. Mack's position being fully funded. Parks and Grounds will have an irrigation maintenance specialist and irrigation repairs were included with contractual median repairs. Mr. Livergood realized when contract irrigation repairs were made, a different contractor employee arrives each time, but they do not know the median or where the controllers are. It was better to have all irrigation work handled in house. They reduced funds from the Contractual Account, but added funds for inflation. Solid Waste is an Enterprise Fund. It is a $10.6 million program that has 38.5 employees. They originally had 60 employees. This year, they transferred $4 million to the General Fund, but it would not occur again. The Department budget will need to increase because they need to add staff. With the personnel loss over the years, they do not have staff to backfill when employees are on vacation. The current budget proposed to add four drivers to address employee absences and vacancies, and they will reconfigure two crew workers and require they obtain a license so they can be truck operators and serve a dual function. The goal is for all employees to be more versatile. Staff will purchase new equipment next year and would try to confirm where the purchase would come from in the budget as the Department had breakdowns. When We Page 159 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 the downturn in the economy occurred, Departments with fleets pay an annual dollar amount to pre -fund their equipment for what they need and then purchase the equipment. The City pays for the equipment upfront on an annual basis. The cost of the equipment determines the annual contribution. Staff had changed the contribution rate and extended the life of that equipment in 2008. Staff was starting to move that equipment life from seven years to four, five and six years so there will be no downed equipment. Mr. Livergood praised his staff for doing an outstanding job and caring about the community, Public Works is a maintenance operation. Engineering conducts a lot of development review and traffic engineering. Staff maintain according to a standard from the City Commission or from what they can afford, Commissioner Katz asked about street maintenance. Mr. Livergood explained the City has not had a street maintenance program for the last six years. A project manager will prioritize and review. Staff projects streets out for 15 years and the Utilities Department, by replacing/upgrading water lines, paved a lot of streets, which helped immensely. Vice Mayor McCray asked about milling pavements and Mr. Livergood advised it was not his preference. Proposed changes included transitioning to an entirely contractual HVAC service and some positions were changed from HVAC mechanics to basic mechanics. This was in response to what occurred with the Fire Stations. Mr. Livergood believed having a contractual service would provide for more accountability, routing operations for inspections and maintenance of the air conditioning systems. The City is looking to establish Automatic Vehicle Location services in Solid Waste which will allow for better truck schedules for routing and it will also indicate where the truck was during the day, at what time, and the route they took. It will indicate where 'there are equipment problems through this communication. Commissioner Casello asked if the Department had a problem locating their trucks and learned they did not, but the truck drivers are human and sometimes can miss a street. The AVL would help alleviate this and ensure they are using the most efficient route. The AVLs will be able to communicate truck locations and diagnostics. From a Code Compliance perspective, Solid Waste equipment is down every street more than any other department in the City. Vice Mayor McCray saw two roll -offs on Boynton Beach Boulevard on his way to the Marina. Commissioner Casello asked if there are specialists that look at different City vehicles such as fire trucks. Mr. Livergood explained they have mechanics with the basic understanding of the cab and chassis of all their equipment. Anything beyond that is special equipment. There are different types of vehicles and staff knows their limitations. Vehicles needing service beyond basic mechanics are sent out, especially if the vehicle can impair the safety of employees or the public. He noted the City does not make any transmission repairs or have the shop space for those types of repairs. Mr. Livergood explained there are a lot of needs in the community, and until the Department's work starts affecting the Fire Department's ability to respond, he did not think the Public Works Department's needs would be a priority. He commented the City Wo Page 160 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 was adding a mechanic to Fleet Maintenance to accommodate growth, particularly from the Police Department in the last several years. Mr. Livergood explained the Department would be reorganized. He and Mr. Groff are looking at pending retirements in a few years and how to transition so institutional knowledge would be retained. Commissioner Casello praised all the departments he has associated with as issues had been addressed in a timely, professional manner. He commended the Department, Mr. Livergood pointed out with Parks and Grounds, they re -platted the cemetery. Mayor Grant asked if there was a way to get more businesses or industry to recycle. Mr. Livergood explained they could get cardboard recycling dumpsters and roll out carts for two types of recyclable products. Last year, the Department added a Customer Service Representative for commercial accounts, which was paying dividends. They need to expand residential recycling and have worked with the Solid Waste Authority. Mr. Livergood explained they have taken the program to the schools. Mr. Groff explained Boynton Beach has one of the best recycling programs in the County. They also distribute an annual brochure. Wally Majors, Director, Recreation and Parks, explained the Department consists of seven community centers, a pool, tennis facility and Oceanfront Park. The City has 28 developed parks and eight undeveloped parks. There is about 75 acres of conservation land and the Department consists of 26 full-time staff, 25 part-time and seasonal staff and their programs involve a broad range of ages including several events during the year. This year, the Department is again nationally accredited which will be announced in October. The Department updated the.Strategic Plan and System Master Plan last year. The System Master Plan was approved via resolution which encompassed all the facilities, parks and the way the Department operates. They are moving forward with the Florida Recreation Department Assistance Program (FRDAP) and Recreational Trails Grants Play Outdoors Unplugged series. The FRDAP grant will be used for the playground at Barrier Free Park and would likely purchase the last piece of equipment to be installed there. The Recreational Trails Grant is for the non -motorized floating dock that is handicapped accessible by Intracoastal Park Clubhouse. It is a popular activity that arose through the City's Strategic Plan a few years ago. The equipment would enable those with limited abilities, are wheelchair bound or on crutches to go out on a paddle board or a canoe. The City wanted to ensure there were activities for families to get involved with and nearly all are free. They stay active and promote fitness. The budget had a decrease of .9% this year. The Department is offering new programs such as the big belly self -compacting trashcans at Oceanfront Park by the snack bar. With a lot of food and people, there are a lot of critters and staff cannot keep up with 91 Page 161 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 emptying the numerous trash cans. Delray Beach has the trash cans, which prevent critters from going into the garbage and spilling the trash all over. Mr. Majors explained the Department is changing the way they rent pavilions because staff cannot guarantee it will be clean when used. They are bringing in a part-time employee on weekends and holidays to ensure they will be clean when next renter arrives. The Department was reclassifying a staff member to handle individuals who need accommodation with limited abilities. This summer, there are five or six special needs children, and one to the level that requires a shadow staff which is a one-on-one interaction so they can enjoy City programs with no limitations affecting their ability to participate. Vice Mayor McCray asked how long a pavilion could be rented and learned currently, they are rented on a daily basis. If the budget is approved, staff will consider renting the pavilion on a morning or afternoon basis or hourly. They will study the process and continue to organize events on a regular basis. This year, the Department will meet with the CRA and Chamber to ensure -the events are complementary to events they hold. The City events are 4th of July, the Holiday Parade, and also the family events such as the Egg-Stravaganza. He noted they do not have enough room at parks to accommodate larger events. The Family Fun Fest gets families out and keeps them coming back. Commissioner Casello commented the Easter Egg Hunt is huge and learned they have to move it out of the park as there are too many children. Mr. Majors commented he and Mr. Groff are reviewing the parking meters for Ocean and Oyer Parks which are the two parks the City collects fees. The meters would be a safer collection method than collecting cash. The Department is discussing the golf course and was contemplating having family activities at the Golf Course and a concert on the Green. The Department was trying to generate interest at the golf course and would make changes by having an employee in-house to look at individuals who want to be included in a program, but have special needs to determine what accommodations may be needed. Currently, the City does not have those resources and the Department has to find a way to include them. Vice Mayor McCray suggested having youth involved at the golf course. Commissioner Romelus left at 5:36 p.m. Mr. Majors commented there are opportunities for youth to learn golf, and learn golf as a potential job. Commissioner Casello asked if the City was considering incorporating the golf course under Recreation and Parks and learned the City was. The Golf Course will still remain an enterprise account, but combining the two would be even better. Mr. Majors sought to make the golf course as fun as possible and the goal is to work closer together so they could bring summer camps and youth programs to the Golf Course to give it exposure and so people will play golf. 22 Page 162 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 Mayor Grant asked what could be done with undeveloped parks in the future and if the City could have a private/public partnership. Mr. Majors explained the City always wants to identify opportunities for growth. The System Master Plan indicates the Department must focus on maintaining what it has and they will take advantage of opportunities to grant partnerships in the future. The playground at Barrier Free Park used funding from Florida and was an example of enhancing existing facilities. Considering the City is already challenged to maintain what they have, the City will maintain its amenities as best as they can and improve opportunities for partnerships as soon as possible. Commissioner Casello learned City parks are developed in a manner that is determined to be appropriate through the planning process. The Department would first have to obtain feedback from the people that live around the area and go from there. This is done through the Recreation and Parks Advisory Board and by hosting public workshops. Mayor Grant asked if all of the City's parks were named and learned the developed parks were. He asked if the City could gain leverage if a donation is made, a park could be named after someone and learned it was already in the Ordinance. Ms. LaVerriere explained the City Commission would continue budget discussions at 10 a.m. the next day covering the Utilities Fund, Operating and Capital Funds. Other funds will be discussed such as the Golf Course and they will discuss a Capital Program. They will take public comments; discuss the Fire Assessment Rate and the Resolution and tentative millage. The motion unanimously passed. The meeting was adjourned at 5:42 p.m. (Continued on next page) 23 Page 163 of 675 Special Meeting Minutes City Commission Boynton Beach, Florida July 18, 2016 ATTEST Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist 0112 Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Joe Casello Page 164 of 675 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE PROGRAM ROOM AT THE LIBRARY, 218 N. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 19, 2016, AT 2:00 P.M. :2 V *914 Z 11 A Steven B. Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina L. Romelus, Commissioner Joe Casello, Commissioner. Mayor Grant called the meeting to order at 10:05 a.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Interim City Clerk Pyle called the roll a.m. A quorum was present. Lori LaVerriere, City Manager, explained she gathered 2014 information from Development and would hear from the Police and Fire Chief for follow up information from Building. Andrew Mack, Development Director, distributed information regarding non -profits requested by Commissioner Casello. Mr. Mack explained he added 2014/2015 numbers to the slide and noted inspections decreased slightly due to projects using a private provider instead of City staff. In general, most 'figures increased although permit fees were status quo. The figures for 2015/2016 were a projection to September 30th. Mayor Grant thought the big increase was Business Tax Receipts (BTR) and Certificates of Use (COU.) The number of Business Tax Receipts that receive an exemption and do not pay taxes varied from rental properties owned by the Housing Authority, churches and non -profits. Currently, there are 54 total businesses and 97 licenses. Vice Mayor McCray asked how many churches have not come in and learned about a third of them. Previously they did not pay a Business Tax Receipt fee and still do not. The decision at that time was to not come in and fill out paperwork. The process was changed when Certificates of Use and Occupancy were implemented. When non- profits fill out the Certificate of Use, they are also required to submit paperwork for the Business Tax Receipt. Commissioner Casello inquired about the Housing Authority and learned if they own the land and house, and renting, they have to obtain a rental license, but they are exempt under the Statute. They operate as a non-profit. The figures Mr. Mack prepared reflected what was collected to date, and there has been no effort made to make churches come in and submit for Business Tax Receipts. Staff is slowly converting them over as they come in for anything new or for permits. The amount that applied was less than half. Page 165 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida 0 MTA • 1 W Mayor Grant asked if it is a Code violation if someone does not fill out the Business Tax Receipt even if they do not owe anything. Mr. Mack explained it was a policy change. When they implemented the Certificate of Use, every business in the City was required to come in, but they have not yet implemented it City-wide and it was only in selected areas. Mayor Grant asked if the City inspects to ensure the buildings are Code compliant and learned they were. Some religious organizations have come in and staff conducted an inspection, which required the Church to make some improvements as part of the process. The Strategic Plan calls for it to be implemented City-wide and there would be some costs. Commissioner Romelus asked about the difference between the number of Certificates of Use and learned there were 632 Certificates of Use issued midyear and the 2,500 was for a full year. There was a gap in the implementation. The Business Compliance Officer will ensure Business Tax Receipts issued match the number of Certificates of Use issued. The City had a Business Inspector but with the economic downturn, the position was eliminated in 2009/2010. Commissioner Casello noted the number of permits was down as was inspections. Plan reviews increased and he asked if it was an indication the economy was recovering, Mr. Mack responded the stats do not indicate so. Inspections were down because projects like 500 Ocean use a private provider and inspections normally done by staff are done by private persons. The City can exceed the projections. The Department may get 200 permits one month and 400 to 500 permits the next month. Mayor Grant had asked for 2014/15 data on citations. Jeff Katz, Police Chief, responded in 2014 the Department issued 13,514 citations and in 2015, issued 5,796. The disparity was due to a traffic unit that conducted proactive enforcement on motorcycles was not in place in 2015. He did not anticipate citations would go as high as it was due to their policing methodologies. Glenn Joseph, Fire Chief, explained the total cost for six firefighters with equipment and benefits would total $385,686. They need three lieutenants at an additional $31,815 for a total cost of $417,501 to fully man Station No. 1. Commissioner Romelus noted they had also asked for alternatives with overtime and learned the cost would be $712,976 per year and it was more cost effective to hire employees than overtime. Commissioner Casello asked if Staffing for Adequate Fire and Emergency Response (SAFER) grants were still available and learned the Department could only apply once and had done so years ago. They need one person on each unit which was six, to run 24 hours a day, seven days a week. The $712,976 for overtime was an overestimate. Some days there would be overstaffing from sick time and vacation. The figure was the top figure. Commissioner Casello asked if there is a potential danger responding to fire calls. Chief Joseph responded there are inherent dangers with the profession. He thought more people in the unit were needed to do the job effectively, but with a Task Force, the short manpower is mitigated. As a Chief he preferred to have the minimum men in each apparatus. 2 Page 166 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida 89JERM Commissioner Romelus asked how going to the bare minimum occurred. Chief Joseph understood when they opened Fire Station No. 5, some consideration was to close Fire Station No. 1. When the City reviewed the numbers after the decision was made, it was determined it would not be a good idea because it is centrally located, could back up all the other units in the City and provide better service to Briny Breezes. Instead of closing the Station, the City would man it with two employees and two apparatus to have better protection and response capabilities. Commissioner Romelus asked if the Station is less able, in terms of response times, to get to their locations compared to other stations. Chief Joseph responded they narrowed the zone and it is a Task Force that responds to a smaller geographical area than others do. Station 4 is the busiest Station. He would provide the number of calls they ran. Vice Mayor McCray clarified they voted to build Station 5, there was never a vote to close Station No. 1. They still needed station 1 to service District II. Commissioner Casello commented on the Task Force and thought it was a personnel carrier. They only send the second truck to get manpower to the scene. Chief Joseph agreed. One truck could put out the fire, but they do not have the personnel on that unit to handle all the equipment's capability. Commissioner Casello asked if every two trucks that leave the station is called a Task Force and learned it was not. They send the Task Force for extra personnel because they are short-staffed on that unit. Mayor Grant asked, if fully staffed, if only one vehicle would be sent depending on the vehicle and learned a medical call requires one ambulance with three people. At Station 1 with the Task Force, they would send an Engine and a Rescue unit to get the number of people they need to handle the call effectively, Mayor Grant asked how many times there were medical calls in Station 1 compared to all the calls. Chief Joseph explained when every other station has a medical call, they send one unit. Mayor Grant asked how many times both vehicles go out for just a medical call over the last year or two and thought if very few medical calls in District 11, there is no need for a full staff, but if on a daily basis, it would make sense to hire. Chief Joseph agreed to provide the information. If going to a vehicle crash, they send two or three units depending on the location. A structure fire uses three or four units, Commissioner Romelus noted there is wear and tear and a cost to run the vehicles, which reduces the life span due to over use. She asked if it was more efficient to pay to man the station full time. Chief Joseph explained 70% of costs are personnel. He thought personnel costs versus wear and tear on the vehicle was about 70/30. He preferred to have a full staff to reduce wear and tear on the units, but the resources and the cost of personnel drives the decision. Mr. Groff explained staff would follow up on vehicle costs comparing Station 1 vehicles going to other stations to see the differential in the cost of the vehicles and the equipment. Vice Mayor McCray also requested he be apprised the last time the fire equipment was replaced at Station No. 1. KI Page 167 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida RffPXW1%V Commissioner Casello noted Chief Joseph had advised Station 4 is the busiest station, and Station 1 was the second busiest, Chief Joseph had requested personnel in the budget, but was told they did not have the money. Ms. LaVerriere explained she had requests for at least 30 positions throughout the various departments. Public Safety is a priority but they would have to find $420,000 in the budget. Commissioner Casello thought it was a priority for people moving into Boynton Beach. The Fire Department is understaffed and -the City Commission has to decide what is important. Commissioner Katz commented this was a top priority for him. There is an optimal number of employees that should be at the Station. He thought it was unacceptable if the station has the bare minimum. There are other items that need funding, but this was a priority. Commissioner Romelus agreed, and noted public safety takes a big chunk of the budget. If the City is going to say they are number one in public safety, they should allocate funds to the right places. She commented funding the positions would lead to cuts elsewhere to balance the budget. Mayor Grant comments he walks by Fire Station No. 1 all the time. Adding the extra positions for a small percentage of Station No, 1 medical calls may not be as effective as having others at the Station. He appreciated the City Commission supporting public safety and proposed to divert funds for a police study for public safety. Utilities Mr. Groff explained the Utility budget is about $60 million of the total budget and is an Enterprises Fund serving about 110,000 citizens in and out of the City. Bevis Piggott, Treatment Operations Manager, explained there was no increase in utility rates. There was a decrease of .14% in total expenditures. They requested two new positions, and reclassified two personnel to meet future needs. They are implementing a revised methodology for transfers to the General Fund and the positions were budgeted. An overview of the divisions in the Utilities Department was viewed. Water quality decreased due to inspections being required biennially and this was the off year. Commissioner Casello asked why meter reading decreased. Mr. Groff explained last year was the last year to upgrade meters, so the budget returned to what the Department would normally spend to maintain the meters. It was a one-time spike over the last eight years. The meters are read electronically, once an hour and the information is transmitted to the City. The Department is looking for ways to bring -the information to the customers. 2 Page 168 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 19, 2016 Vice Mayor McCray asked why Customer Relations was down -7.4% and learned it was because of greater efficiencies in the Department. Customer Service would be using third party billing which will save the City money and provide higher quality bills and collections. Every manager has reviewed ways to do the job better with less money. Vice Mayor McCray explained individuals have come to City Hall and report to him they are dissatisfied. Commissioner Casello agreed. The complaints he receives about Customer Service one-on-one exposure is lacking, Mr. Groff agreed and explained they were working on it. Customer Service will have a new policy in place next month for each customer to be treated equally and fairly. Employees received training and they issued a career path to allow employees to improve themselves and move up in their career. The third party billing will free up individuals for further training. Mr. Groff explained many people come in upset because they are late on their bill, the water was shut off or the bill was incorrect. When employees see this every day, they sometimes do not handle it the way they should. He expressed 'the public will start seeing some improvements. There are several issues they are trying to address and there are several challenges working in a small space with no areas to meet privately with customers to discuss their bill. It is currently discussed in the lobby. The employees are being trained and they will have more people to handle customers so they can spend more time with them. Vice Mayor McCray thought the budget did have to do with customer service. Vice Mayor McCray asked if debt service was from bonds and learned it was. Commissioner Romelus suggested marking the services utilities provides in its presentation that deals with customers and commented it seemed as if they were trying to cut corners to save money. Mr. Pigott explained there was a reduction in total expenses of $59,772, and a reduced need for potable water from Palm Beach County resulting in a savings of $296,339. Vice Mayor McCray asked how potable water agreements with Delray Beach are handled. Mr. Groff explained all the interconnections are billable and if they are sold water, they are billed. If the City purchases it from Delray, they bill the City. They are just reducing -the water they have to buy from the County. There was an increase in revenue of $934,270 due to increased sales and customers and they transferred $1,291,104 of surplus to the General Fund. Transfers was split into two components; one, was the fee for the direct costs to the General Fund to support Utility operations of $2,500,000 and the other, was the dividend of ownership of the Utility Operations set at 7.5% of gross revenue estimate of $3,250,000. The information was for better transparency for actual costs. 5 Page 169 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida FDNW* /W Joe Paterniti, Utilities Field Operations Manager, explained they reclassified employees in the Department and created a new career path for engineers and utility mechanics. The engineering staff increased to improve response to developers and tighter control of capital projects. Several positions were reclassified for effectiveness and the first group of Utility Field Technicians have promoted through the career paths. Boynton's career path was compared to others and was taking the lead. Additional personnel requests included a Sustainability Coordinator to assist with the ongoing Climate Action Plan that would handle sustainable management of Utility infrastructure and Enterprise Asset Management. The Department also wanted an additional utility field technical positon to handle permit related work in the Stormwater Department. Customer Relations Barbara Conboy Utilities Manager, Customer Relations, explained the City signed a contract with a vendor for high-quality services which they hope to have in place by October 2016. It is difficult to transmit information to the customer and the new technology would put the information in the customer's hands accessible by computer and phone. Bills will be issued in several different ways such as paper, phone, email, and payments could be made over phone, by text and web which would also help with customer interactions. Both parties would be on the same page. Commissioner Romelus asked if testing was occurring. Ms. Conboy explained they are looking at the billing and data to link into the system. The computer interface and integration is in the early stages and staff and the vendor are confident the system can be implemented. Vice Mayor McCray commented they did test it and had issued bills, but there were customer discrepancies. A letter was sent indicating they will get a call. Michael Low, Utilities Technical Services Manager, explained they were working on a Utilities Management Optimization project. The project will integrate several of their functions and aid them in the planning processes allowing staff to set the correct rates and setting up utility service for the long-term as it pertains to investments and reinvestments in the facility. They are updating the Geographic Information System and mapping the 350 underground water lines and about 300 miles of sewer pipe. Once that is complete, they will conduct hydraulic modeling of the water, wastewater and reuse system. They will conduct an assessment of system assets and then develop a long-term Repair and Replacement (R&R) Plan for the Capital Improvements Plan (CIP) which enables the Department to develop a system for long-term rate adjustments. A visual of the project showed water and reclaimed water demands, sewer flows and the processes the City has to have. The second phase is an analysis, to know where to L-1 Page 170 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida UM110191M increase pipe sizes and to meet development demand. The Department's planning horizon is 50 years into the future. Staff takes the information about development projects needed for utility functions and adds technology to smooth out the flows to avoid expenditure spikes. The information generates the financials and staff can determine if they have to bond, how much is needed for R&R and how it impacts their rates. Staff was attempting to establish a steady income that meets the Department's needs and the customer receiving the best quality service. Mr. Low announced the City's water rates are some of the lowest in the County. The next project is initiating an e -builder which is hosted project management software designed specifically for the client as opposed to the general contractor It will allow one system for design bidding and construction of project. When a project is bid, vendors can submit their responses electronically into the system. It will provide better control of the review of development projects and deal with the flow of information. The system has the ability for other departments to use as the City has an unlimited user license and the Department was looking at other areas and training people on the computer as the program moves forward in the next few weeks. Vice Mayor McCray asked about the new water tanks Mr. Groff responded they were putting artwork in the arches. Chris Roschek, Engineering Division Manager, Utilities, reviewed the following water supply improvement projects: • The East Water Treatment Plant and Raw Water Main on Woolbright Road will bring water to the plant and is scheduled to be done by the end of year. They have fiber optic conduit being installed along the pipeline route to connect the two plants. • The Lakeside NE 20th Avenue is a stormwater project by Seacrest and south of Gateway. The project includes main replacement. The Department recently awarded the Lift Station 309 project and was getting contracts in place and scheduling preconstruction. • Force Main Values project was an existing force main on Congress Avenue. The Department would install values to divert flows to the eastern part of the City. • New laboratory project would be located at the West Wastewater Treatment Plant as water quality is important. Staff looked to renovate the space, due to the HVAC system the cost increased dramatically and staff was looking at other locations for the laboratory for staff. • North and South Road project at Harbor Estates on the east side of Federal Highway was put out to bid and it was a stormwater improvement and water main project. 7 Page 171 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida R M M w will &I Vice Mayor McCray asked how to determine if the lowest bidder is the best. Mr. Roschek explained they look at lowest responsive responsible bidder. Price is only one factor. Qualifications are reviewed as well. New projects planned were as follows: • Force main improvements in the northeast part of the City. • Central Seacrest Phase 11 in the Heart of the City. The City completed Phase I last year and staff was contemplating a design build project. They were putting together the advertisement and hoped to issue the bid in the fall. • Expansion of reclaimed water reuse system. There had been some expansions as there are large users on the east side of the City, such as Little League field, the Cemetery and City Hall, and staff was seeing other users in both the east and west. It is a five-year plan. • Dimmick, Lake and Potter Improvements were stormwater improvements on the eastern part of the City. There were issues with stormwater and they will improve drainage. • Ocean InlettLake/Oak Drive improvements would improve drainage in the neighborhoods, Vice Mayor McCray asked when the cemetery is watered and Mr. Livergood agreed to check. Commissioner Casello thought Utilities was a great department with good management and efficiencies. He noted since Mr. Groff became the Director, the City has expanded its reach to the outer limits of the City. He asked if it helps the residents by expanding past the borders. Mr. Groff explained the City has a service area established by the County 25 years ago and the goal is to maximize the number of customers in that area. The City seeks to provide services to everyone in the service area, but there are private utilities within. As they approach the City, the City assumes their customers. Each added customer lowers the cost each customer has to pay for the infrastructure which each customer pays across the customer base. It stabilized the rates. With 95,000 customers there is peak efficiency. Once more than 100,000 customers, the goal is to grow because there are more expenses including regulatory expenses. The City absorbed private systems last year and there were a few more they are talking with such as Manalapan and Hypoluxo. They are all within the City's service area. Growing spreads out the cost the City pays each month and keeps rates lower. Mr. Groff noted the City has the best rates in the County. Commissioner Casello asked if it would increase operating costs or cause more issues or problems as the system expands. Mr. Groff explained the operating costs are paid for in consumption fees. As customers are added and use water, they pay for the cost of N Page 172 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 19, 2016 the water. The infrastructure is a base cost. It is already in the ground, paid for, not fully utilized. Each new customer that comes on spreads the cost among more people and they share in the base cost of the infrastructure that has to be replaced. Mr. Groff noted utility bills are split into a base fee and a consumption fee, and the City has about 36,000 accounts that service about 110,000 customers. Vice Mayor McCray left at 11:06 a. m. and returned at 11:07 a. m. Mr. Groff explained the Golf Course is an enterprise fund that uses land leased from the County. The City is at a turning point. Last year the course received a subsidy from the General Fund to do some work. This year, they decided to come in with a budget with no subsidy from the General Fund. Ron Tapper, Golf Course Manager and Glenn Landgraf, Golf Course Superintendent, reviewed other courses including successful and failing courses and came back with a plan to make the Golf Course pay for itself. The Mission Statement was to maintain an attractive, well maintained course and to ensure there is long term financial viability. The Links is a certified Audubon Cooperative Sanctuary. The Links holds events at the course, but Recreation and Parks would hold events there and would seek to bring youth programs such as Concerts on the green and Food Truck Wars to expose people to the course. The Links has annual events such as the Keep America Beautiful/UPS Tournament, Play for P.I.N.K., several special groups and the Little Links Team teaching youth to play. The Links also received a Community Tree Planting Grant and 200 assorted trees were planted around the course. Pictures of maintenance at the course were viewed reflecting staff working to plant trees, and sand traps and greens to ensure the course is in good shape. The current condition of The Links is very good, but it was still recovering from devastating rain events that hurt the course. Mr. Tapper explained staff was renovating the bunkers and installed irrigation. Mayor Grant inquired if The Links was using reclaimed water and learned they were not and it was in the County's service area. The Golf Course Administration budget was reduced about $120,000 and management was reviewing Player Assistants who start the course and assist players with clubs and keeping up the pace of play. Most courses use volunteers instead of Player Assistants and those part-time paid positions would be eliminated in favor of using volunteers, who would receive golf privileges. Vice Mayor McCray asked how many positions were cut and learned two administrative positions were cut last year and one pro retired. Mr. Groff spoke to several people who were excited about volunteering. The Links was able to lower equipment and part costs because they entered a lease for Golf Carts which reduced costs. The $60,000 was for golf cart batteries on leased carts, which will be three -years old in December. The Links replaces batteries every two years and was looking to opt out of the lease after three E Page 173 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida IfFIFAMMUM years and obtain new golf carts they would not have to install batteries. They already have the line item in the budget. Vice Mayor McCray asked about the cost of golf carts and learned the Links paid $76,000 and own the carts after four years for one dollar. They are maintaining the carts better. Commissioner Casello asked the Player Assistants was the golf pros and learned they were not. They are also called rangers. Staff was also considering instituting a beverage ca rt. Commissioner Casello asked if the new budget addressed the four full-time pros and learned those positions were funded. The Player Assistants ride around the golf course keeping play moving and do a lot including picking up trash, which volunteers would do in turn for receiving golf benefits. Commissioner Casello asked how many pros a course usually has and learned it was two pros per nine holes and they have four as they are open seven days a week. One pro must open the facility and one must close. The pros also give lessons on their time. It was outside of their 40 -hour work week and there is a policy on that. Staff was looking to make changes in the maintenance budget to be more in-line with what other courses were spending. One change was to reduce a full-time position for greenskeeper. There are four full-time greenskeepers and a vacant assistant mechanic position. Staff proposed to keep the same amount of hours and turning it into part time as other courses operate that way and they can work the hours they need them to as greens keepers have to stay out of the way of golfers while they play. In Florida, golfers play in the early morning so the maintenance hours were just changing from full-time to part-time. If the greens keepers chose to remain with the City, administration would find qualified and full-time positions within the City and have held a few positions for that. Mr. Groff explained the golf course needs new greens. Mr. Landgraf explained The Links and a golf course in Lake Worth have TifDwarf greens which were from 1964. Most courses play TifEagle or Champion Grass known as UltraDwarf which were developed in the mid-90s. The goal is to upgrade to the current standards, but it would be an additional budget item. Mr. Groff explained it would be a 10 to 12 week project. During that time, there would be temporary greens set up and staff could do the project this year. It was anticipated some rounds played would be lost, but they would bring other activities to compensate for some of the lost revenue and they would heavily market the course this winter to see if they could get the rounds up this winter. He noted the economy has improved and golf was rebounding, so they could make up most of the lost revenue and still do the project if they had the funds. The idea is to borrow the funds from the General Fund and pay it back through the rounds played. It is not in the budget this year, but it was one method to get the project done. ILI Page 174 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida RMIUM Commissioner Casello asked about the payback schedule. Mr. Tapper explained they bring in 9,500 rounds and greens drive golf courses. New greens could pay back the loan in one or two years. Without the engine, the course would just flounder. Mr. Groff explained the plan was to increase rounds, pay the funds back over three to five years and use other funds to revamp the Clubhouse, cart path and other work. This course has had up to 62,000 rounds played. There was no reason why it could not have 80,000 rounds played and do all of the work and pay it back in five to seven years. The payback plan was similar to the Schoolhouse Children's Museum (SCM). Vice Mayor McCray explained he does not play golf, but Golf Digest announced The Links was the best municipal golf course. He thought they should step up to the plate. Commissioner Casello maintained The Links is a jewel. The workers are friendly, outgoing and are ambassadors to the City. The loan to the SCM was paid back and he was confident this could be turned around. Although they would not fund the course completely this year, it would make a difference in the long run. He favored the pay back program. Mayor Grant asked if there was another funding source. Mr. Howard commented with the financial condition of The Links, it would be appropriate to borrow from the General Fund. He did not think The Links would be able to finance it privately. Mayor Grant thought there were items the Commission may want to fund from the Reserve Account or raise the millage rate. He asked if the Fire Assessment could be raised and learned it could. The Assessment offsets the cost of Fire/EMS calls. Commissioner Casello asked if the City would increase the Fire Assessment and if it could be used for salaries. Ms. LaVerriere explained it could be used for operating costs and fire -related activities. A $5 increase would generate $300,000. Commissioner Katz explained he could support it if it was a structured loan and if it was agreed and assumed if The Links cannot sustain itself after three to five years, a discussion about the future of the golf course would take place. He wanted a consistent plan and favored it, as it would be paid back. Mayor Grant asked about improvements to the clubhouse and learned they have a long term plan consisting of five or six items for a total cost of $2 million. If they get the rounds up, The Links will have the revenue to fund a commercial loan to make the improvements. Mayor Grant agreed with marketing The Links on City vehicles and learned The Links would be part of Recreation and Parks. Staff could improve The Links and be included in Funfare Magazine. 1E Page 175 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida UVABIM Vice Mayor McCray asked how much money was set aside for marketing and learned the marketing was time and not so much the dollars. The City would market it with utility bills and through events. Vice Mayor McCray asked if The Links advertises in Golf Digest and learned they do not. The biggest advertising is word Of Mouth. If he puts out a sign indicating new greens were coming, players would come. The Links stopped advertising in Golf Digest, the Golf Channel and many newspapers because it was not quantifiable. The golf channel was over $3,000 a year and there are selected times The Links would be advertised. Mr. Tapper explained he has been at The Links for 16 years and he did not want to appear before the Commission with personnel cuts. If the Commission funds the greens now and it does not perform, the Commission could eliminate his position. He contended the greens are more important and it will bring revenue. Mr. Groff explained courses were closing because they did not keep up with maintenance, but staff would do what it takes. The course is currently successful, but there are needs they have to meet to keep the course successful and growing. Commissioner Romelus liked Mr. Tapper putting all on the line and supported him. She advised there was a rumor the City was closing The Links and they were not. There was consensus the City Commission would make this happen. With equipment, golf carts and the greens, all will fall into place. Mr. Howard reviewed the Commission had touched on the Risk Management Budget and reviewed the General Fund, Water and Sewer, Solid Waste and the Golf Course budgets. Mr. Livergood had discussed Fleet Maintenance yesterday. The Warehouse is under the Finance Department and it orders, monitors and distributes products, supplies and parts. The Self -Insurance fund was briefly discussed the day before about the increase in insurance allocations to the General Fund of $456,000. Commissioner Casello asked about warehouse parts, and learned it is for Fleet Maintenance, office supplies, and Utilities. Self-insurance was $4.6 million. The increase was $787,000 over this year's budget, with the main increase being the Workers Comp self-insured losses had increased about $1 million from last year to this year. It pays the premiums for building property insurance, self-insured costs of Workers Comp and liability claims, the legal costs of the claims and vehicle claims. Vice Mayor McCray asked about the City Employee Clinic and learned it would not be included in in the Self -Insurance, it would be included with the General and Utility Funds and be spread out amongst the funds. Other programs needing a budget was Traffic Safety known as the Red Light Camera. The fines from the citations pay for the lease payments on the cameras, the magistrate and legal costs, not employees as they are paid though the Police Department. The City Commission has to decide if they want the Red Light Camera program and depending im Page 176 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida NOINKIM on their decision, the budget may be revised. The ATS contract has a one-time out clause and the deadline to opt out was by October lst. If opting out, the contract will end in December and if approved, the contract is extended for another five years, Local Option Tax is from the State. Two transfers are made; one, to the General Fund and one, to the Capital Fund. Public Art accommodates the Avenue of the Arts, which also pays for the Public Arts Manager. Commissioner Casello wanted the water tower to be lit at night like a champagne glass. Mr. Groff explained the lighting on the tower needs to be replaced and the City is working with several companies to look at more energy efficient lighting systems that could provide the effect being discussed. The system they are considering could reflect images and others. The Recreation Program Revenue fund accommodates programs such as Aftercare, summer camps and anything that involves payment of a registration fee. Community Improvements run by Octavia Sherrod handles the State Housing Initiative Partnership (SHIP) and Community Development Block Grant (CDBG) program. The Cemetery Fund has income, but the expenditures are for maintenance at the Cemetery and for perpetual care. Debt service accounts for the public service tax revenue which generates the $6 million transfer to the General Fund and payments of the debt service on the public service tax bonds that are outstanding. Mr. Howard distributed a handout. Ms. LaVerriere explained the City adopts a five-year and one-year capital improvement program, but when adopting a budget, staff focuses on the next year's program and the need for capital funding. The City is underfunded to fully meet program needs. The one -cent surtax would be a lifesaver if it passes in November. It would generate $4.3 million for the next five years and fully fund the current Capital Program for $44 million and then allow the City to build the capital reserves to be used after 10 years. This year's needs amounts to $6 million and the City has $1.9 million. She and staff identified $1.9 million as priorities to be funded. If the surtax passes and the City receives revenues next March, she could return to the City and visit the unfunded program needs and amend the budget, but it is unknown if the surtax will pass. There are a lot of needs and the City's focus is park restroom facilities that are in bad shape, Sara Sims Park, the beach and nearly all park restrooms. Mr. Livergood explained the public sees very little of the work involved in capital projects, but they are multi-million dollars projects the City has very little discretion over because the City has to provide services such as wastewater. A $5,000 need at a local park makes an impact on the public regarding how they believe the City is providing services. There is a great deal of discretion regarding the list of capital projects, such 13 Page 177 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 19, 2016 as sidewalk repair/construction, street maintenance that are essential to provide services. If the streets are in bad condition, emergency vehicles cannot pass. Many maintenance operations such as landscaping can be incorporated into the capital budget so staff has some discretion regarding what to provide for the community. Many capital projects are necessary such as a roof at City Hall that does not leak. Staff needs help prioritizing the list of projects, which was put together by staff and needs the Commission's help to identify what is important to the Commissions constituents. Mayor Grant recessed the meeting for lunch at 11:52 a.m. and reconvened the meeting at 12:20 p.m. Mr. Livergood reviewed the list and explained the first column was the cost associated with an item which would be year one of a five-year plan. There is a total requested program of $6.2 million. The budget could support $1.9 million in expenditures with a carryover of $800,000 of fund balance from the Capital Fund, the Gas Tax, and the Public Service Tax from the State. The $800.000 was the estimate of the money left over from last year which rolls over each year because there may be large expenditures needed in the future. Parks and Recreation Impact Fees could be used for new endeavors in Parks. The City Manager's recommendations totaled $1.897 million. The next column showed there was about $4.3 million worth of projects that staff believes should be funded next fiscal year. Vice Mayor McCray asked about the Local Option Gas Tax and learned there was a six cent and five -cent per gallon the City receives from Palm Beach County. One was by local Ordinance and one by State law, The City is allocated funds per lane miles. Commissioner Casello noted the balance carried forward of $1.9 million was for projects and $4.2 million was needed. He asked if the there was a deficit each year and learned this year was the first time. There will not be a balance carried forward next year. Mr. Livergood explained this has an impact on the General Fund. There is some funding from the Gas Tax and Recreation and Park Impact Fees, but after that, General Fund dollars would be used. Vice Mayor McCray noted years ago they had a five-year plan with each year identified. Capital projects that are not funded goes for funding in 17/18 which makes it harder to do the project, Mr. Livergood advised he was deferring work in the Public Works Compound. The Operating Budget referenced staff was maintaining work in parking lots, but the funds were allocated for interior work and awnings over the entrance. The more they move maintenance to the Public Work Compound, particularly through the Fleet Shop, the more they will need a new fleet shop in the next 10 years. Commissioner Casello asked about the Americans with Disability Act (ADA) program and learned the City has an ADA Plan, and staff was trying to implement the projects 14 Page 178 of 675 Ifileeting 1TXLPO.P-s-- City Commission •- Meetint Boynton Beach, Florida NRPXII�f �- when it related to work or in conjunction with other work. At the Public Works Compound, it was related to parking. The Plan outlines initiatives and what it would take to complete them. The improvements have to be made at some time, but they need to be balanced with the needs of the community. Vice Mayor McCray asked why Head Start was on the back burner and learned staff wanted to address it next year. The City Commission has to indicate what their priorities are. Mr. Livergood noted the amphitheater needs painting and it is a steel structure which will start to corrode. Commissioner Katz thought most of the monies are allocated to the east side and most of the traffic is on Congress Avenue and the roads take on more wear and tear. Mr. Livergood explained staff is looking at infrastructure as a whole, and identifying areas with the greatest need. Commissioner Katz responded based on concerns he heard, residents are looking for road maintenance on the west side of 1-95 because they feel taxes are disproportionately applied. Additionally the CRA was an additional source of spending. As a representative of District 1, Commissioner Katz wanted roads and sidewalks on the west side to be maintained. Mr. Livergood pointed out the City has not had a road maintenance program for the last seven years, so every part of the City needs road maintenance. Staff will put together a plan starting with the greatest need. Mayor Grant asked if the budget for Congress Avenue Barrier Free Park was for maintenance or new equipment and learned it was new equipment adding on to the planned expansion of the park. A $50,000 Florida Recreation Department Assistance Program grant would be used and the balance of $150,000 would come from the Park Impact Fee fund. Mayor Grant asked about the HVAC at Fire Station No. 1 and noted the HVAC was changed at City Hall. Mr. Livergood explained the air handling system is separate and they want to change it. Mayor Grant questioned, if the life of Fire Station No. 1 is five years, whether staff should change it or wait in reference to the Town Square. Mr. Groff explained it was included because it has to be done. When the City receives a proposal and they have some dates, they will review it. Fire Station No. 1 could not wait three years for HVAC, but it may be able to wait 18 months. Mr. Livergood explained there were a lot of items in the Capital Improvements Plan for future years for City Hall because maintenance was deferred, but it was approaching the point staff can no longer defer it. If it was a regular City building it would be different, but the Fire Station houses individuals 24/7. Mayor Grant noted the City was adding firefighters at the Station. He asked about painting the exterior and learned painting could be deferred, but at some point even deferring paint can start to harm the building. Mayor Grant commented, if the building was okay, they could defer painting. Mr. Livergood commented at a minimum, the City must paint the sign. 15 Page 179 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida WE"Frow., Commissioner Casello asked about the public safety radio system. Ms. LaVerriere responded there was a lease payment for P25 radios that must be funded. Mr. Livergood wanted the West Wing restroom renovation to be included. It is used by the public and needs to be modernized. Commissioner Casello asked what is being done about the roof in the lobby as there has been a lot of talk and a lot of buckets in the lobby. Mr. Livergood explained staff has discussed it frequently within the last 30 days with Attorney Cherof. Mr. Livergood explained there is a warranty and the manufacturer has removed a panel to figure out why leaks are occurring. The vendor and manufacture are actively trying to resolve it. The Hester Center will have lobby work funded as there are drainage issues causing water damage to the interior administrative office. It also needs roof repair over the gym. Staff wanted to address the Oceanfront Park asphalt path as it is hard to walk on, but it was deferred. The Sara Sims restroom renovation should be addressed as it creates a wow factor and families go to parks. Sometimes if you walk into a poorly maintained park restroom, it turns patrons off to the whole park. Vice Mayor McCray queried if consideration was given to a keyless lock and learned staff had considered a lock on a timer, but it is not viable if people prop the door open. Mr. Livergood explained Sara Sims, as a park, needs work and the CRA has a master plan for it similar to City Hall with the Town Square. Staff has to either move forward with Sara Sims Park or set it aside, noting the City will need $500,000 for work on Sara Sims, It was a Commission decision. Vice Mayor McCray commented when ATVs are being ridden at the Park, there is no respect. It is the worst park in the City. He did not want to spend money needlessly and did not know how to control the situation. Staff agreed. Commissioner Casello asked what the difference was between a restroom renovation and an ADA restroom renovation. Mr. Livergood explained normally renovations would include cosmetic work, flooring, changing the lighting fixtures, paint and new mirrors. Due to ADA regulations, they cannot put the equipment in the same place because they are not ADA compliant and additional plumbing and interior structural work is needed. The ADA upgrades cost another $13,000. Staff separated out the ADA renovation costs in the ADA Transition Plan should they get audited. The City cannot afford to do it all next year, but the items are planned and programed, but it would take years. Sara Sims will have a water fountain attached to the restroom building, but the City has to replace a wastewater system eliminating a septic system. There will be handicap accessible sidewalk and ramp. Mayor Grant asked if the City owns all the land by Sara Sims on NW 2" d Street and if it could be used to further the Model Block. Mr. Livergood responded it could, and he would have to run it by the Recreation and Parks Board as it reduces open space in the Comprehensive Plan. It would make the park smaller, but the City could spend more 16 Page 180 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida money and put nicer amenities into it, rather than have vast open space for ATVs. The land is not deed restricted. The Mangrove Boardwalk was discussed la ' st year. The aluminum board walk built in the 1990s has galvanized pilings. There is a consistent failure in the piers due to the construction technique and design. He did not think the failure would be catastrophic, but if they do not do something soon, it will be closed. Staff started planning for it three to four years ago. Ms. LaVerriere explained the lobbyist obtained funding for the project under a water appropriation, but the Governor vetoed it. There are areas in Mangrove Park that need work including the fence and staff deferred the restrooms as the restrooms there may have 24 people a day as opposed to Oceanfront Park. He thought funds should be spent at Oceanfront Park to provide a public perception the City is doing a good job. Ms. LaVerriere explained she will speak to the City Commission by the end of the year to review the legislative water projects, Mr. Livergood explained there are small projects, and the Capital Plan helps staff plan. Pence Park furnishings included tables and benches. Pence Park was also discussed as a potential reuse as a dog park at the Strategic Plan. It is a multi-purpose play field and the restrooms need work. Channel Markers were in the plan to be addressed this year. Commissioner Casello asked where Edward Harmening Park was and learned it was at the East Water Utility Plant. There is a public art project included with the Utility Plant and the sign will also be painted. There was a lot of discussion about various park signs and Mr. Livergood explained they were very cost effective signs, but many need to be replaced and painted. They are made from different materials so there are different costs. Fire Station 5 (Emergency Operations Center) has a concrete roof deck with a membrane over the deck that was punctured in several places because of the solar equipment and needs a seal coat to preserve the life of the radio system. It should have been done a year or so ago. Mr. Livergood explained when there is a brand new facility, it is important to keep it in good condition as it is new. Fire Station No. 5 has emergency equipment. Staff had already deferred kitchen renovations and a Police CAD records management system was needed. Ms. LaVerriere noted the Department has been asking for it for five years, but it would have to wait. Chief Katz explained the CAD system has two parts. The data coming in to the department is from the Communications Center. The report is written and evidence is integrated into the system. All of the City's Predictive Policing efforts come from the Records Management system. The Dispatch Operator enters the information into the CAD system when a 911 is received and it creates a call slip. If an officer on the street sees something that needs police attention and calls information into Dispatch, the Dispatcher will have to enter it into the CAD system, The City's current CAD system M Page 181 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida mrjmmm was purchased in the early 1990s and it is cumbersome to get from one screen to another. It is antiquated and time consuming. The newer system can share intelligence with other agencies. Boca Raton uses OSSI. If the City uses the same vendor OSSI allows Boynton Beach to share in that information. Criminal intelligence is very helpful. Ms. LaVerriere explained she had hoped to fund this when a new Police Headquarters is constructed. If the Commission takes the funds from Reserve, it will have to be put in the budget for the next seven years. It is expensive, but it is the backbone of what the agency does, and it includes material and equipment issued to personnel, internal affairs and inventory. It would enhance efficiencies. The Sheriff does not use the OSSI system, but the majority of their work is with South County. There is another program the County is working on where agencies are making efforts to share intelligence, but they cannot access it because of the antiquated records management. Commissioner Casello thought it should have high importance. Vice Mayor McCray noted Boynton Beach is the third largest City in the County and thought it should be moved up the list. Commissioner Katz asked if there was a way to fund it in the next one to three years, and with the potential of a bond financing a new station, if they could incorporate the remainder of the balance of the new equipment. Ms. LaVerriere responded it was a recurring operating item and was unsure if bond proceeds could be used. Mr. Howard explained if it is included in the building that was being bonded, the cost comes after the bond is issued and the City cannot recoup previously incurred costs. It might be able to be included in the development aspects. Vice Mayor McCray noted there was an $800,000 carryover and it should be put in place. Ms. LaVerriere explained staff had the $1.9 million in place and would have to adjust some of the line items to replace it. Commissioner Casello asked if it would be better to incorporate the equipment with the building bond. Ms. LaVerriere explained if the City makes a decision to build a Police Headquarters it would. She explained by puffing the money back in, they are short on capital and the Commission would have to remove some of the items they were going to fund. Commissioner Casello thought the City should address the bathrooms, Mayor Grant suggested the lobby renovation for Hester Center. Ms. LaVerriere explained there is mold and mildew. Mayor Grant also explained the City has to consider raising the millage rate or the fire assessment due to having to defer items. Commissioner Katz emphasized he had zero intention of increasing the millage or Fire Assessment. Mr. Livergood commented $70,000 was budgeted for the West Wing restrooms. The bathrooms are nasty, but they work. The amphitheater could be deferred. Sidewalk replacement always had $75,000 to $100,000. Mr. Groff explained they are replacing sidewalks as part of utility improvements, but the budgeted funds under discussion were only to replace broken sidewalks anywhere in the City. Last year, staff spent $70,000 on new sidewalks as part of the Central Seacrest Phase I project. Forest Park did not im Page 182 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida SWERM have sidewalks going to the school. If they removed the restrooms and used $120,000 of the $400,000, there would be money for a sidewalk replacement project for Forest Park. They City will do 10, 12", and 3' Streets. Commissioner Romelus asked if the one cent sales tax was approved if it would fund the other sidewalks that need to be addressed and learned it would fund everything in the budget, but not the CAD system. Ms. LaVerriere explained she submitted the entire five-year Capital program six months ago which cost $44 million and the surtax would generate $43 million. The CAD could be paid for. Staff recommended the West Wing bathrooms and sidewalks be eliminated to fund the CAD. Ms. LaVerriere explained the projects will be prioritized and bid. The $190,000 was a high estimate for the CAD system. Mr. Livergood explained staff identified $5 million to $6 million next year that is not budgeted and they just deferred $4 million to next year. The current capital year plan staff identified $300,000 for Kids Kingdom and staff pushed it to 2017/18 because they do not know what is happening with the Town Square. Ms. LaVerriere explained there were some failures there and staff was spending $20,000 this year. Staff slowly removed elements that failed in the playground. Mayor Grant opened up Public Comment. Jerry Taylor, 1086 SW 26th Avenue, understood there are two vehicles at Fire Station No. 1 with two persons for each vehicle. When a call comes, some calls could be addressed with one vehicle if there were three people on the vehicle. If another call came, personnel would be dispatched from another station. If dispatching both vehicles, the City is in the same position. He asked why not add a third person to the first vehicle. Chief Joseph explained they put two units together so that when they leave the hospital after dropping a patient off, both units are back in service. If there is one person at a station, they are completely out of service and no response can occur. Either way it takes longer to put the second unit back in service than if they were following right behind each other. Mr. Taylor asked if there are situations when only two people are needed. Chief Joseph responded the standard in Palm Beach County is to send three people to a medical call. If three people are sent, one unit is still out of service until the other unit comes back in-house. Mr. Taylor explained they were out of service anyway because if both vehicles are sent, there is no one left. Mr. Taylor was encouraged there was agreement to go forward with the greens. He is an avid golfer and commented it the greens are bad, golfers do not return. The Links is a great asset, but the maintenance equipment is 20 and 30 years old and they have to get equipment. The Links, over the years put money into the General Fund. He thought past management was so enthralled about putting the funds into the General Fund, it was not maintained. Most golf courses contract maintenance out, but the City does in- house and saves a lot of money. He hoped the City would go forward. ITZ Page 183 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida UmIlEow, Herb Suss, 1711 Woodfern, agreed with the comments and thought the City has to address the bathrooms and thought it was a public health risk and a bad mark for the City. Years ago, prior Commissions reduced the millage rate and he opined that was what put the City in trouble. It does not work because as time goes on the City will need more money. Staff has to maintain the City to attract businesses and people and provide services the people expect. He favored keeping the Police, Fire and Sanitation Departments. Citizens have to pay the millage rate whether they like it or not and he suggested it be increased up to 8.1 or 8.2. A rate of 8.1 mills is a million bucks. He cautioned the Commissioners not to be short sighted as citizens are becoming impatient waiting for the downtown and the City was throwing good money after bad at City Hall. The City needs a Police Station and has to maintain what they have. Mr. Suss supported the one cent tax, and commented a capital budget at $6 million is not enough. He suggested raising the millage rate because it could always be lowered. Residents in the City have to realize they have to pay for their services. He does not want to pay more taxes, but commented the City will be in serious trouble with the public. Susan Oyer, 140 SE 27th Way, thanked Utilities for providing 23% of the City's revenue and asked if non -city residents receiving City water pay more than the residents and learned those in unincorporated Palm Beach County pay a 25% surcharge. If the resident lives in another municipality, the City negotiates the rates. Ms. Oyer noted her neighbors do not recycle and she requested the Sanitation Department conduct outreach to the residents. She asked if the Automobile Vehicle Locator devices are being used to avert terrorism and learned they were not. She asked, in reference to the OSSI upgrade, if the City considered moving ADA bathroom renovations back a year and thought students conducting community service and Kiwanis or Lions could sponsor a bathroom or address them as a community service project. Lastly, she asked if the Police Department is moved to another part of the City, what will happen to the south end of the City as she likes the response time. She thought they would not be serviced properly. Chief Katz commented the Police Department does not deploy from the station. Officers are deployed from different geographical locations through the City and the level of service would remain status quo. Harry Woodworth, 685 NE 15h Place, was in public safety and communications and was appalled they were using a DOS based CAD system. He thought deferred maintenance is an expense and the list of needed items grew. As for golfing, a friend of his remarked to him the greens are awful. He suggested, it the one -cent surtax to generate $4 million a year is passed, the City publicize the list the Commission had as the rest of the community does not have a clue. The County did a horrible job of publicizing what they need the sales tax for and thought the tax would not pass unless citizens know what it is for. As to raising the millage, he did not think residents would mind a small increase, but there is no credibility due to the pension problems. He understood the City was paying more in pension costs than salaries. He commented NX Page 184 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida Rmi2owlew, raising the millage when the City will not fix what is draining the budget is zero. Money is leaking down the pension hole. Commissioner Casello commented the City Manager was hiring an actuary to review pension reform. No one else coming forward, Public Comment was closed. Ms. LaVerriere explained the City Commission has to review the following items and consider if they want it in the budget: the License Plate Reader (LPR) $60,000; Police Feasibility study at $75,000; six additional firefighters $420,000; new greens loan has to go on the list for $300,000 and one item that was not discussed is the medical clinic. Mr. Howard issued an RFP for an employee medical clinic. It is under evaluation in the Procurement Department and a recommendation will come to the Commission in August for further discussion. He requested it be discussed then and staff could make needed adjustments in September at final budget adoption. Mayor Grant asked if there was anything in the budget currently. Mr. Howard responded there was nothing currently in the budget for the clinic start up. What is in the budget are costs associated with services that would be moved to the clinic such as physicals. About $250,000 would be moved in the budget, and there may be a need for additional cost for start-up. Commissioner Casello wanted to remove the study for the Police Department from the list of items to be funded. His intention was to compare the services. His intent was not to go to the County. He believes in public safety. Motion Commissioner Casello moved to remove the Police Feasibility Study from the Palm Beach County Sheriffs Department from the list of funded items, Vice Mayor McCray seconded the motion. The motion unanimously passed. Commissioner Katz hoped that freed up money for the allocation of funds for the six additional firefighters. The $420,000 would either be pulled from additional fund balance or by raising the fire assessment rate by $5 per household and incrementally for institutional facilities. Commissioner Casello asked if the Commission could consider raising the fire assessment fees next year and learned they could. Vice Mayor McCray was not in favor of raising the fire assessment, but he would pull out the funds Ms. LaVerriere listed. Commissioner Romelus asked how the City's Fire Assessment compared to others and learned the City's was low compared to Broward County and there are only a handful of other cities in Palm Beach County that have it, It has not q Page 185 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida RKIEWINW, been surveyed in Palm Beach County. Broward municipalities fully fund the Assessment and they could go to 100% funding. The City is at the 60% or 70% range. Mayor Grant asked why nursing homes use the institutional rate. Mr. Howard thought it may have been due to a lawsuit. Mayor Grant asked what the difference was between raising the Fire Assessment by $5 as opposed to the millage. Mr. Howard responded it is the same amount of money but it affects people differently. Fire assessments are non -ad valorem and it is a flat amount as it is not based on property values. The millage rate is a dollar value of assessed property values. There is no homestead exemption for a Fire Assessment. People with lower property values would pay the same dollar amount. The theory with the Fire Assessment is to reach the population that are users of fire services, but pay little or no property taxes. If the City increases the assessment, the City has to notify everyone. Ms. LaVerriere pointed out rate scenarios with the Fire Assessment rate resolution were provided. There was consensus to use General Fund reserve monies to upgrade the greens at The Links with the stipulation to pay it back. Mr. Howard explained the process to be followed. Commissioner Casello noted the greens are time sensitive and he requested it be expedited. A plan will be put in place tomorrow. Mayor Grant favored the LPR be funded by a .1 millage rate increase to 8.0 mils. Commissioner Katz commented they have not included anything from the Strategic Plan, except for the greens. Ms. LaVerriere commented the only items with a monetary impact was the pocket park in the CRA, Boynton Beach Boulevard construction was funded through the CRA, the feasibility study was removed and the medical clinic. The millage rate at 8 gave leeway with additional firefighters, the clinic and the LPRs may be included in the CRA budget. The 8.0 would allow the City to do more than last year. Commissioner Casello favored a fire assessment increase. Increasing the millage would not be fair to someone with a more expensive home. Mayor Grant agreed to put both on the table and gather input from residents. Commissioner Romelus expressed she was disenchanted the City was taking from Peter to pay Paul. The City is in competition with neighbors to the south and Boynton Beach is operating with half a budget. She asked how they could fund the projects and it did not make sense when deferring things down the road. Ms. LaVerriere explained they build the tax base and get it off the backs of the residents, which is why commercial development and redevelopment is so important. The City gets pummeled when trying to make improvements. Ms. LaVerriere explained staff shares the frustration. The City cannot satisfy everyone and she was pleased to see the public listen to these conversations. It is expensive to run a City and have police and fire services. The Delray Beach budget is $61 million and Boynton's is $30 million because the City has a much smaller commercial base. There are challenges to redevelopment, but the City's savior is redevelopment. M Page 186 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida Commissioner Romelus thought that was why the City has to be open to change as there are issues the City faces year after year, where the City cannot fund the budget or afford the needed number of firefighters to provide public safety. The City is the third largest city in the County and has half of the budget compared to their neighbors and it needs to be fixed. Commissioner Katz advised he would not raise taxes and noted the City was asking the citizens to approve the one -cent surtax and they are discussing the Town Square redevelopment, which is another tax increase. The headline will read Boynton raised taxes. Then there will be a bond issue. He thought the Commission could not ask people to keep voting as there will be several tax increases in a row. He did not want to risk the tax they will have to use to bond the Town Square and Fire and Police of over $400,000. The citizens will view the Fire Assessment as a tax. The LPR was $60,000. The City could chip away at the cost of the firefighters. He thought if the City was going to raise taxes, it would be a discussion for next year after a lot of the issues were discussed. Commissioner Romelus noted Delray just decreased their millage rate. She understood the headlines will paint the City in a bad light. Commissioner Katz explained when 500 Ocean goes online, the City is in a good position to cautiously wait as there are larger looming projects. Vice Mayor McCray agreed with Commissioners Katz and Romelus. Commissioner Casello commented the items agreed on have a price tag and they have to decide to pay for them through a Fire Assessment or the millage. Commissioner Katz favored eliminating the readers and study and with the pending revenue sources, the Commission will have a much clearer picture of what the City's needs are. He did not want to be in a position to raise taxes and then receive the surtax. He would rather go to reserves and if they have to raises taxes next year, they could. With pending income from other sources, he wanted to wait. If other revenue is received, it would cover other expenses. It would be more palatable especially if the surtax is not approved. Commissioner Romelus agreed. She commended staff for their work, as they have maintained the level of services. She did not think it is smart or fair to ask too much from the public. She thought the Commission could do more and they could consider other ways of funding priorities. Commissioner Casello commented history has shown the City has put money back into reserves. Commissioner Casello agreed with Commissioner Katz and commented if monies are put back into the reserves at the end of budget, he could go along with borrowing to fund public safety and as other items come on line, it would be a self -correction. 441 Page 187 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida Commissioner Romelus moved to approve the millage rate at 7.9 mills. Commissioner Katz seconded the motion. Mn The motion passed 4-1 (Mayor Grant dissenting.) Adoption of Preliminary Proposed Millage Rate Resolution Attorney Cherof explained the Commission needed to adopt R16-092, which adopts the proposed municipal millage rate for general operating and budget purposes for fiscal year 2016/2017 with the stated roll back rate, setting for the date, time and place of the first public hearing and providing for severability, conflicts and an effective date. Based on the prior motion, the proposed millage rate is 7.9000, the roll back is 7.3816 and the first public hearing is September 8, 2016 at 6:30 p.m. in City Commission Chambers, City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. Motion Vice Mayor McCray so moved. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Ms. LaVerriere explained the Commission will remove $1.14 million from reserves to balance the budget. As a City Manager, she commented it was not a good idea. Staff has had these discussions with fire personnel for the last three years and that was why the City has not increased staffing or added six firefighters. It is not unsafe as the Department has been operating in modified status for years. Her recommendation would be to not fund those positions. She explained the $1.1 million from reserves was a lot of money to fund recurring operating costs. The proposed budget stood at $426,000 to balance the budget, plus $420,000 on the firefighters and $300,000 would pay for the greens which will be refunded back. Commissioner Casello noted the Fire Chief commented it poses a risk for employees on the truck. There is an issue and a problem, and it is an expense the City must incur. He supported it. Attorney Cherof explained the City Commission needed to adopt R16-093, Preliminary Fire Assessment Rate Resolution which he read. Rates will be residential at $100 per 01 Page 188 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida HEIZIM dwelling unit, commercial at 23 cents per square foot, industrial warehouse at 5 cents per square foot, institutional and nursing homes at 25 cents per square foot. 7 =.- Commissioner Katz moved to maintain the fire assessment. Vice Mayor McCray seconded the motion. Vote The motion passed 4-1 (Mayor Grant dissenting.) Commissioner Katz commented if the Commission chose to raise the fire rates next year, the recurring costs could be remedied. He hoped that revenues would increase so they would not have to do so. Eleanor Krusell, Communications Manager, advised due to increased transparency, the City has been filming the budget hearings and yesterday's budget hearings was available on BBTV for the public to view as well as being on the website. Staff has been tweeting, and Facebooking all the presentations on the website and social media. The Town Square presentation is also on the website and social media. They were trending hashtags for Boynton Beach Budget Workshop 1, Boynton Beach Budget Workshop 2 and Boynton Beach Commission. Attorney Cherof advised there are two public hearings in September and at that time the public will have the opportunity to speak and ask questions about the millage rate and the budget which means comments and questions to staff may be asked. Motion Vice Mayor McCray moved to cancel the next budget meeting. Commissioner Romelus seconded the motion. Usim- 14714-Umonywr =#n=o* Commissioner Casello thanked staff for their work and commented every year staff comes through. Commissioner Casello moved to adjourn motion. 25 Commissioner Romelus seconded the Page 189 of 675 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida =-1 The motion unanimously passed. The meeting was adjourned at 2:12 pm. UIN �- Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist W RMEl U, Ally 1 4191 a I-116YULKONWO-Mr.1wo Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 190 of 675 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 16, 2016, AT 6:30 P.M. COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA 1:1:1*izl111k1 Steven B. Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina L. Romelus, Commissioner Joe Casello, Commissioner. I. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Invocation by Rev. Woodrow Hay - Police Chaplain Reverend Woodrow Hay gave the Invocation. Pledge of Allegiance to the Flag led by Commissioner Katz Commissioner Katz led the Pledge of Allegiance to the Flag. Interim City Clerk Pyle called the roll. A quorum was present. Agenda Approval: .0 .K Additions, Deletions, Corrections Attorney Cherof requested adding, City Consent of Assignment of Contract with one of the City's consulting service contractors, Matthew Consulting, to the Consent Agenda. The contractor was acquired and was changing their name. The Legal Department reviewed the matter and had no issues. Matthews Consulting performs engineering and related work for the Public Works and the Utilities Department. Mayor Grant requested adding Community Funds for Bernard Wright for the official sign placing ceremony of Robert E. Wells to New Business Item D and a presentation on the difference between the Business Tax Receipt and Certificate of Use, to Announcements as Item G. Page 191 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz announced school started and he was back at Park Vista High School. He noted the principal of the High School, Reggie Myers was present as was a student who saved a person's life. He was excited the student would be recognized. Vice Mayor McCray attended the ribbon cutting for the elementary portion of the Lake Worth Christian School. He commented the Senior Center was trying to change the name of the Center, but patrons were satisfied with the present title of Senior Center. Commissioner Romelus announced she held a Town Hall meeting at the Library about Riverwalk and met with representatives of Isram. She will attend the League of Cities Annual Conference at the end of the week and she thanked her haters for the good publicity for her husband's business, in reference to the articles in the paper about her last week. Commissioner Casello thanked the Sheriff Deputies and Shelly Vana, County Commissioner, for attending the Commission meeting. On August 5th, he attended the Boynton Beach Firefighters Retiree Banquet. It was well attended and it was good to see people who served so well. He attended the 8t" Annual Back to School Community Health Resource Fair at St. John Missionary Baptist Church. Many backpacks were distributed for students attending school. On August 3rd, Mayor Grant toured Parks and Recreation facilities including the beach. He attended the 3-D Printer class at the Library held by Infinity 3-D printers who explained how to program the software to attain the desired product. He attended an Art Show for the Art Camp Youth Exhibit and issued the Mayor's Awards. On the Stn, he toured the Development Department, saw all areas of land planning and the Business Tax Receipt Department and visited the 500 Ocean project. He was looking forward to the Business Tax Receipt Department ensuring all businesses are regulated in the City. He attended the YMCA Back to School event on the 6 th . He attended the Firefighter Retiree Program. On the Stn, he attended the Young Lawyers Section of the Palm Beach Bar Luncheon, a round table with Lois Frankel and other Mayors discussing 2 Page 192 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Recovery Residences, trains and other issues. He met on the 10th with Mike Deboos. On the 11th, he toured the Utilities Department and was looking forward for the East Water Treatment Plant going online and for the pipeline from the West Plant to the East Plant to be finished. He attended the Lake Worth Christian School ribbon cutting for their new elementary school building, the ribbon cutting for Painting with a Twist on Quantum Road, and spoke at the Forest Park Neighborhood. He met with the Building Department on the 12th for the Comprehensive Plan review and attended the St. John Missionary Baptist Church Annual Back to School Bash, and the Annual Interfaith dinner from the American Muslim Alliance on the 14th and the Committee for Diversity Inclusion earlier in the day. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Recognition of Boynton Beach Firefighter/Paramedic Vishnu (Brett) Siew by Palm Beach County Commissioner Shelly Vana for a heroic off-duty action that saved the life of man near the Winston Trails Community. Shelly Vana, County Commissioner, 301 N. Olive, presented Mr. Siew with a Certificate of Special Recognition for his heroic off-duty action that saved the life of a man on June 1't. On behalf of the County Commission, she thanked him for his outstanding and dedicated service. The Certificate was signed by the County Commissioners, and she added Palm Beach County loves its firefighters and paramedics and they take care of them. Mr. Siew accepted the Certificate. Commissioner Vana recognized Palm Beach County Sheriff Deputy Theresa Gremaldi for arriving quickly on the scene with an AED Defibrillator and saving a life on June 1, 2016. She thanked her for her service to protect and improve the quality of life for Palm Beach County citizens, The Certificate of Special Recognition was signed by the County Commissioners in appreciation for her service. Deputy Gremaldi accepted the Certificate. Commissioner Vana explained a Village watches out for one another and at one point she was a high school teacher at Jupiter High School of the Arts. She acknowledged there are many amazing youth and she was present to recognize Tyler Gray. Commissioner Vana explained Tyler is a student at Park Vista High School and he was honored for providing CPR he learned two weeks before an accident took place. Due to his immediate action, he saved a man's life on June 1, 2016. Tyler Gray accepted the Certificate of Special Recognition. Commissioner Casello thanked the recipients and Tyler Gray and his family for their quick thinking and call to action, noting those whose lives were saved would be forever grateful to them. He thanked Commissioner Vana for recognizing these individuals. 3 Page 193 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 B. Proclaim August 31, 2016 as National Overdose Awareness Day. Sharon Burns Carter with the Southeast Florida Recovery Coalition will be present to accept the proclamation. Mayor Grant read the proclamation for National Overdose Awareness Day. Present to accept the award was Sharon Burns Carter from the Southeast Florida Recovery Coalition. Sharon Burns Carter, Southeast Florida Recovery Coalition thanked Mayor Grant and the City for the proclamation. Their local event, through the Fed -Up Coalition, will take place in West Palm Beach on August 31, 2016 at 6 p.m. at a gathering at the Memorial Presbyterian Church and then moving to the waterfront on Flagler Drive. She thanked the City Commission for reducing the stigma and shame of Substance Abuse Disorder. Linda Mautner, President of the Ian Mautner Foundation and Southeast Florida Recovery Advocate, thanked all for recognizing substance abuse as an issue and the Proclamation from the City. She explained two years ago, her son drove off the overpass in Boynton Beach under the influence of drugs. She spoke on behalf of those in recovery noting families have had their lives touched by death and loss. The organization is comprised of ordinary people. She experienced long-term recovery in this area and she is a professional in West Palm Beach, demonstrating affected individuals go on to live successfully. She explained they have a recovery community surrounding them and this was the recovery capital of the US. She would like the Community to support their efforts with young people as they comprise 70% to 80% of the organization. She explained families are losing loved ones every day. She appreciated what the City has done and for all the City did to support her in the loss of her son. C. Presentation by Golf Course Manager Ron Tapper about The Links at Boynton Beach. Ron Tapper, Golf Course Manager, gave a presentation and explained The Links offers 27 holes of golf. There is an 18 hole of championship course and a 9 -hole par 30 course. The Mission Statement was reviewed to provide the public with an attractive, well-maintained course, ensure they stay viable for the future and be self-sustaining. Golf is a game for all ages and pictures of a 103 -year old and a nine-year old golfer were viewed. The Links has several special groups and events. There is an active Men's and Ladies Golf Association, especially during the season and the Palm Beach County Interclub Team won the trophy three years in a row. The Links hosted the Senior/Junior Tournament for 12 years in a row before the Tournament started rotating courses. For eight years, The Links was the national qualifier for the Eastern Regional Tournament for the U.S. Women's Amateur Public Links from 2005 to 2013. The annual "Play for Pink" tournament was held every year since 2001, raising over $113,000 for breast cancer research. The Links holds the Park Vista Invitational, and since 2005 awarded over $11,000 in scholarship vouchers. They hosted the Annual n Page 194 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 HomeSafe Charity Golf Outing for the last five years and host the Junior Golf Association Tournament for Palm Beach County. Rick Novak, The Links Assistant Golf Pro, handles the Little Links team and they provide outfits to the travelling team. The Links also received a $5,000 Grant from the UPS Foundation, which was used to plant 200 trees last summer and is a certified Audubon Cooperative Sanctuary with lots of wild life. In-house improvements made since 2013 were viewed. Staff renovated one of the tees at the 2nd hole on the Championship course, removing sod and leveling the tee. The Links' Strategic Plan called to renovate all the bunkers on the course and staff was 80% done. Before and after photos were viewed. Golf course challenges and concerns included the championship greens, maintenance equipment, marketing competition, weather, infrastructure with cart paths and cart maintenance, clubhouse and reconfiguration of the Family Course into another nine - hole Championship course. Mr. Tapper thanked the City Commission for agreeing to allow for replacement of the Championship greens which he hoped would start May 1, 2017 and replacing old maintenance equipment because the greens are only as good as the maintenance equipment. The Links is marketed in Funfare Magazine and staff was adamant about mobile advertising through City trucks. He acknowledged the best marketing is through word of mouth and there is a sign in front of the golf course which is on a busy road. Mr. Tapper commented there are discount coupons and books for golfers seeking extra rates and discounts. Last year, The Links endured 25 inches of rain during season which reduced revenue. Photos of the course showed the effects of the rain and the lake overflowing halfway into the fairway which they had to close. Rain sat on the course, just below the surface for over -five weeks. The golf course layout was viewed showing the Champion and Family courses, and the 40 -acre landfill across the canal which was being monitored as part of the closing procedures. It was hoped in the future, they would not only maintain the course, thereby earning revenue, they could add a 15 -acre Family Course reconfiguration to make it a regulation 9, which would produce a lot more revenue. Commissioner Casello commented he plays at The Links and complimented staff on an amazing job of keeping the course viable. The Links was once the number one municipal golf course and he believed it would be so again. Vice Mayor McCray asked how drainage would be handled and learned the course is bordered by canals controlled by the Lake Worth Management District. If the canals are high, the course cannot drain. Vice Mayor McCray noted Mr. Tapper was so confident the course would do well with the upgrades, that he would offer his resignation, if it did not. 9 Page 195 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 D. The schedule for September City Commission meetings is as follows: Regular City Commission Meeting & 1st Budget Public Hearing - Thursday, September 8, 2016 @ 6:30 p.m. in Commission Chambers; Special City Commission Meeting to adopt the final Fire Assessment Rate Resolution - Tuesday, September 13, 2016 @ 6:00 p.m. in Commission Chambers; and Regular City Commission Meeting & 2nd Budget Public Hearing to adopt the Final Millage Rate and Final Budget for FY 2016-17 - Tuesday, September 20, 2016 @ 6:30 p.m. in Commission Chambers Mayor Grant read the above changes for the benefit of the public. E. The Boynton Beach Community Redevelopment Agency will hold its Fiscal Year 2016-2017 Public Budget Meeting: 1.4VI-M-1111VIT. =I - Mayor Grant announced the above for the benefit of the public. D. Announce early voting for the August 30th Primary Election being held from Monday, August 15th through Sunday, August 28th at the Ezell Hester Community Center. The polls are open from 10 a.m. to 6 p.m. each day. Mayor Grant announced the above for the benefit of the public. Saleica Brown, Business Development Specialist, explained a Certificate of Use and Occupancy ensures a business is allowed in the zoning district where it is located. It verifies the structure was built for the proposed type of business, it complies with the Florida Building Code, no work was done without proper approvals, and Life and Safety Standards apply. A Certificate of Use and Occupancy is required before opening a business or renting property within the City limits. It must also be obtained when an industrial or commercial building is constructed, altered, or enlarged and when an existing business has a change of use, occupancy, or name. The difference between a Certificate of Use and Occupancy and a Business Tax Receipt is Business Tax is a tax and the Certificate of Use is an approval process that certifies the use is permitted. There are two types of Certificate of Use: residential which refers to rental properties only and is $25 each year, and commercial (non- residential) use in a brick and mortar space as well as home-based businesses. An introduction letter the Department issues to commercial property owners and religious organizations was viewed in the Department's attempts to phase out the A Page 196 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Certificate of Use and Occupancy for them. It provides an overview of what the Certificate of Use and Occupancy was and what the City's goals were to help them understand the City was working towards a shared common goal. A Business Tax Receipt was formerly known as an occupational license. It is permissible under the Local Business Tax Act per Florida Statute. Local Business Taxes are the fees paid in exchange for the ability to engage in a business, profession, or occupation within the City limits. The document proves the owner applied for and paid the taxes related to the business, but it is not a license. Local Business Tax Receipts have a fee schedule based on classification, size or both. There are also businesses, professions and occupations that are exempt as contained by Florida Statute 205. Taxes are due each year on September 30th and are good for the current year, October 1st to September 30th of the following year. Business Tax Receipts and Certificates of Use and Occupancy provide an opportunity for local and county municipalities to conduct inspections and promote economic development. It allows municipalities to apply regulatory parameters through zoning regulations, regulatory licenses, Building and Fire Codes and inspections. A brief list of regulatory agencies the Building Department interfaces with daily was viewed. The Department ensures the businesses in the City are operating under a Fictitious name, has registered with the Florida Division of Corporations, and the document is considered as a birth certificate of one's business. It involves an EIN a/k/a FEIN number for the organization, similar to a Social Security number, that is used to file taxes. The above would apply except for businesses operating with a sole proprietor with no employees. The various different application forms to apply for Certificates of Use and Occupancy and Business Tax Receipts, were viewed including a property form which governs outdoor storage, zoning, and parking requirements. The Certificate of Use is combined with the local Business Tax Receipt for home based businesses and commercial spaces. The other side of the form contains helpful information needed to abide by the property documents. A rental form was viewed which is also sent to Code Compliance prior to inspection. The Department works with Code Compliance and the Florida Department of Corporations to identify people operating in the City, mostly as it related to commercial properties. Commissioner Casello asked if the Department contacted HOA's and learned they did not due to the workload. Ms. Brown spoke with one HOA President who wanted to offer the information, but the HOA attorney recommended against it. He thought they could create a position in the Department for this purpose. Ms. Brown explained it is a goal for the Department, but with 9,414 licenses to date, and only two individuals in the Department, it is almost impossible. Page 197 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 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) Mark Karageorge, 240A Main Boulevard, praised Renee DeMarco of Fire Rescue for her professionalism and congratulated her on her retirement. As a member of Pathways to Prosperity, (P2P) he thanked John McMann, Firefighter, Police Officers Paul Diehl, Henry Diehl and Officer Paramore, Vivian Brooks, CRA Executive Director and Mike Simon, Assistant Director, and the CRA for their help with the Back to School Health Fair stuffing backpacks and getting all organized in record time. He acknowledged Mayor Grant, Commissioner Casello and former Commissioners David Merker and Woodrow Hay and his wife for their support. He noted Vice Mayor McCray has assisted P2P and the Community Caring Center behind the scenes and Mr. Karageorge, the Board of Directors and staff appreciated all he does. Mark Bonaconi, 60 Edgewater Drive, Coral Gables, was also present a year ago in support of the Red Light Camera program. The program has resulted in a dramatic reduction in fatalities and injuries because the program works. Behaviors are modified and motorists are not running lights endangering lives. Three dollars of each citation goes to the Miami Project to Cure Paralysis, which he and his father founded 30 years ago. Through those funds, they developed research that is now curing people. One program called hypothermia cools patients down after injury. Fifty percent of all the injuries are incomplete and of those injuries, 25% of those patients are walking out of the hospital. The Foundation was conducting five FDA approved human clinical trials transplanting cells into spinal cords of paralyzed individuals. The trial was done on six people and one was now walking again, due to the funds for the Miami Project. He urged the City Commission to continue the program as it saves lives, helps the community and goes to trauma centers to help those injured by people running red lights. Vice Mayor McCray asked who funded the program prior to the Red Light Camera program and learned 50% was from private donations and foundations. The other 50% comes from the National Institute of Health through peer review grant writing. They are a Center of Excellence at the University of Miami, Miller School of Medicine. Commissioner Casello asked if the monies from the Red Light Camera program are kept in Florida or nationwide to states that also have Red Light Cameras. Mr. Bonaconi explained the program is through the Mark Wandall Safety program, and through that legislation, the Miami Project receives $3 from every citation within Florida only. Since the program was active, over $10 million was raised for research. Jevonte Edmonds, 905 S Ridge Road, Apt 8103, commended the prior speaker and the City Commission for their hard work over the last eight weeks regarding the Suits for Page 198 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Seniors summer program at Boynton Beach High School. The program covers leadership, financial literacy, how to get a job, have an effective handshake, and opened up a scope of career fields. The Police participated and spoke about community policing and the City Commission played a significant part as Commissioners would be speaking on the August 20, 2016 event. It will be a huge ceremony and it is important the community shows its support. Firefighters, Police Officers and over 40 vendors will be present. He thanked the City Commission, Vivian Brooks CRA Executive Director and Attorney Michael Weiner, Vice Mayor McCray advised he had a scheduling conflict but he supports the organization. Lulu DeCamara, 836 East Drive, thought the height of the future development in the CRA district was controversial and noted surrounding towns do not have these heights. She thought there was a difference between looking at the project on paper and another when viewing the subject location. She was concerned about individual projects and the overall Consolidated Plan. She thought traffic congestion would be a major problem. The Plan noted the City needs more shade trees as opposed to Palm Trees, but commented Palm Trees are part of a tropical climate and tall buildings will block the sun and tradewinds and the buildings will prevent many from seeing sunrises and sunsets, The City pays Police Officers and Firefighters from tax dollars but noted CRA funds stay in the CRA. She thought the City Commission should investigate the matter as the CRA buys land high, sells it low or gives it away. Harry Woodworth, 685 NE 15th Place, speaking as the President of INCA, explained he represents 500 homes in 10 communities in the CRA District and the residents of the City and City Commission are on the same page as they want development that improves the quality of life of its citizens. He commented the Promenade and Casa Costa did not turn out so well in 2004 as it is ugly and no one is ever there. Las Ventanas has full residential, but the retail component was empty. Citizens have been told the height at four stories is not economically feasible for Boynton Beach, but it worked out fine in Stuart and Delray Beach. Boynton Beach is bigger than Delray and the Tax Increment Finance money and all else was nearly identical. He understood the City needs development for tax revenues, but thought the budget was struggling because of an unstainable pension fund. The City has waterfront, oceanfront, accessible and buildable land which is scarce in the County. He questioned why the City would allow a tall building and not endorse the best possible use of the land. Rev. Bernard Wright, Bernard Wright Ministries, Robert E. Wells Foundation, and Bernard Wright Radio liked that Mayor Grant and his dog visited his home to be on his radio show. He feels the manifestation of a Better Boynton was becoming apparent and he thanked all the first responders, Police Chief Snow; Jeff Livergood, Public Works Director; Warren Adams, Historic Preservation Planner and Wally Majors, Director Recreation and Parks, and Rev. and Mrs. Hay for inviting him into their home,. He announced there are two great events on Saturday with the Robert E. Wells unveiling and the Suits for Seniors. He will do his live radio show that day and he thanked Mayor 9 Page 199 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Grant for his contribution. He invited all to attend. Vice Mayor McCray commented the Police Department was also holding an event with the Wildcats. Susan Oyer, 140 SE 27th Way, thanked Mayor Grant and Interim City Clerk Pyle for updating the mayors' pictures on the wall. She noted information was still needed regarding former Mayors Vincent Gallo, Sr., and Betty Riscoe. She requested anyone with information contact Interim City Clerk Pyle. Tom McClure, 2004 S. Federal Highway, speaking as President of the Boynton Beach Coalition for Responsible Development thanked the 150 people who attended the last CRA meeting in the rain, to voice their concerns. The Coalition also thanked the City Commission and Mayor Grant for them exercising their First Amendment Right. They look forward to working with the City Commission and developers for responsible development. On a personal note he thanked Mayor Grant and Commissioner Romelus for agreeing with the citizens who came out to speak regarding the development at Woolbright and S. Federal Highway. Jerry Beatrice, 225 SW 16t Avenue, thought the new height and density was a detriment to the City as it removed the reason people moved to Boynton Beach. He did not know if anyone was trying to get through Seacrest due to an accident on 1-95 which caused traffic congestion. He hoped they would vote against the height and density. Pooneh Charkhian, Esq. with Florida Rural Legal Services, 2051 MLK Jr. Blvd, Suite 101, Riviera Beach, was present on behalf of her Boynton Beach client to put the City Commission on notice of a flawed system with the Code Enforcement Department. The problem was so obvious with her client, she was concerned there may be an ongoing problem. She wanted the Code Enforcement Division to be investigated, specifically how they do business and whether personal relationships may be allowing potential abuses of power. It appears homes may be posted or placarded prior to investigations being conducted or notice of violations being sent out. Herb Suss, 1711 Woodfern Drive, congratulated Commissioner Romelus on holding a Town Hall meeting and commended Colin Groff, Utilities Director, on a wonderful job. He hoped the City Commission appreciated the Police Department and wanted the City Commission to give them the raise they deserve. He commented the City has to work on pensions, as the City, in 10 years or less will go bankrupt unless they do something now. He commented the Fire Department is top notch and he will issue report cards after the budget meeting. He wanted the millage at 7.9 mills. He also advised the world was at a point of no return regarding climate change, and urged all to lobby the governor and elected officials. Charles Kanter, 2907 S Greenleaf Circle. urged all to vote. He was present to advise the citizens are very much in favor of having Red Light Cameras. There are rules in sports and if players violate a rule, they are out of the game. He thought it should be the same way with the motorists. He questioned who makes the decision of who gets iul Page 200 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 fined and how much and the concept of allowing the program to be a revenue generator muddied the water. He suggested the Police should be in charge of the program and not private industry. The purpose of the Red Light Camera program was to eventually not make any money from it. Mario Ferrizoli, of Mario Ferrizoli and Sons, Marble Granite and Tile, a taxpayer for 38 years commented a small section of Railroad Avenue and another two or three blocks was being overlooked. There are pallets from buildings and restaurants and people fix cars at the end or the road, where he has a business. Customers do not want to come to his showroom because cars are double parked. He had a "no parking anytime" sign on his property which now says no dogs allowed on the beach. He noted in the past, the City was attentive to a drainage issue there but now the area is neglected. He tried Code Enforcement, the Police Department and got nowhere. A sign he placed for his business was removed from Boynton Beach Boulevard and he was told signs were not allowed while other individuals were repairing cars in the middle of the road. Mr. Ferrizoli gave his address as 419 NE 4t" Avenue, and explained 409 was the business that makes repairs in the middle of the road as does 410 NE 3rd Street. National Transmission also had a bus blocking the road. Vice Mayor McCray advised he represents District 11 and when they divided the road a sign was blocked and Code will need to step up the pace. He hoped the City will pay attention to give a business owner more genuine care and concern. Mayor Grant agreed to visit the premises. No one else coming forward, Public Audience was closed. 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 (NN Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Education and Youth Advisory Bd: 2 Alts and 1 Stu NN Mayor Grant spoke with student Mariana Rodriguez who submitted an appointment application to the Education and Youth Advisory Board. Mayor Grant nominated Dariana Rodriguez as a Student Non-voting Member on the Education and Youth Advisory Board. Commissioner Katz seconded the motion. 11 Page 201 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Vote The motion unanimously passed. IMM3030=6 Commissioner Katz nominated Christopher Montague as a Regular Member on the Library Board. Vice Mayor McCray seconded the motion. The motion unanimously passed. Uznc�� Commissioner Romelus tried to contact the applicant, but could not get in touch with him. Motion Commissioner Romelus tabled her decision. Commissioner Casello seconded the motion. Vice Mayor McCray commented when applicants fill out an application, the required questions provide enough information to see if they are a good fit for the Board. Being energetic and wanting to serve was sufficient for him. Vote The motion unanimously passed. Commissioner Romelus explained she is personable and likes to speak with applicants before making appointments. Vice Mayor McCray asked if tabled, who would make the appointment and learned it would move to another Commissioner. Commissioner Romelus noted this was the first time she saw the applicant and learned appointments rotate and a Commissioner has three times to appoint before it goes to the next Commissioner. It appeared from the list this was the third time she had the opening, but they had not had applicants. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with 12 Page 202 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R16-096 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R16-097 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with the City of Boca Raton and the Boca Raton Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. C. PROPOSED RESOLUTION R16-098 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with Palm Beach County and the Palm Beach County Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. D. PROPOSED RESOLUTION NO. R16-099 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with the City or Delray and the Delray Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. E. PROPOSED RESOLUTION NO 16-100 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Richelet & Roseline Cherisma for the property at 1029 Oleander Road, Lantana, FL 33462. F. Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT" Bid # 060-1412-16IMFD to one (1) company: Lou Bachrodt Freightliner, who met all specifications 13 Page 203 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 with an estimated annual amount of $25,000. This bid allows for two (2) additional one (1) year extensions. G. Approve the Bid Award for "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" Bid # 059-1412-16/MFD to the following five (5) companies: Lou Bachrodt Freightliner, Kenworth of South Florida, Truck Pro, L & L Distributors and Eagle Auto Parts on a primary, secondary, and multiple third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $55,000. This bid provides for two (2) additional one (1) year extensions. H. Accept the written report to the Commission for purchases over $10,000 for the month of July 2016. Approve the minutes from the Special Meetings held on July 12th and July 18th and the Regular City Commission meeting held on August 2, 2016. J. Approve Resolution R16-095, to authorize the Mayor to sign a Consent M7 Assignment between the City and Matthews Consulting and Baxter a Woodman 1-tc. Attorney Cherof explained only the name of the company changed and the acquisition would add to the depth of the company. Staff had reviewed the item and found it sufficient. Motion Commissioner Casello moved to approve the Consent Agenda as amended. Vice Mayor McCray seconded the motion. 3= A. Approve and authorize the City Manager to execute required documents to renew the employee group medical and dental insurance programs for fiscal year 2016-2017 per the renewal clauses in Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610-14/JMA: 11TIKUP-Tor-12 a - . - - - A - 0 - - Is - a WITA11191100 N'M. 14 Page 204 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Medical Insurance for the plan year October 1, 2016 through September 30, 2017; PROPOSED RESOLUTION NO. R16-102 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2016 through September 30, 2017. Julie Oldbury, Human Resources Director explained the item was a renewal of employee medical and dental insurance. The medical insurance had a 2.9% increase but the Gehrig negotiated it to zero percent. Dental insurance had a 20% increase and was negotiated down to a 10% increase. This was the first time in five years no increase in medical coverage costs without changes to the Plan design. Motion to approve by Commissioner Casello and seconded by Commissioner Romelus. Vote The motion unanimously passed. B. Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Bid # 053-1412-16/MFD to the following five (5) companies: Palm Truck, Nextran, McNeilus Truck, Pat's Pump and Southern Sewer on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $100,000. This bid allows for two (2) additional one (1) year extensions. Tim Howard, Assistant City Manager, explained the next three items are award of bids that were advertised and accepted by Procurement, reviewed and recommended for approval for three contracts for parts and supplies to be housed in the Warehouse to be used by Fleet Division for maintenance. Motion to approve by Vice Mayor McCray and seconded by Commissioner Casello. L= - The =- The motion unanimously passed. C. Approve the Bid Award • "ANNUAL SUPPLY OF ORIGIN AM EQUIPMENT MANUFACTURER (OEM) SERVICE AND PA I iL Page 205 of 675 Meeting Minutes City Commission Boynton Beach, Florida • 16, 2016 SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT" Bid # 054- 1412-16/MFD to the following four (4) company: Steve Moore Chevrolet, Al Packer Ford, Delray Motors and Wallace Ford on a lot by lot basis, to the lowest, most responsive, responsible bidder who met all specifications with an estimated annual amount of $155,000. This bid allows for two (2) additional one (1) year extensions. Motion to approve by Vice Mayor McCray and seconded by Commissioner Casello. Vote The motion unanimously passed. D. Approve the Bid Award for "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" Bid # 052- 1412-16/MFD to the following five (5) companies: Vehicle Maintenance Program, Bennett Auto Supply, The Parts House, Eagle Auto Parts and Cold Air Distributors on a primary, two (2) secondary, and two (2) third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $125,000. This bid allows for two (2) additional one (1) year extensions. Motion Motion to approve by Vice Mayor McCray and seconded by Commissioner Casello. Commissioner Casello asked if Ms. LaVerriere was sufficiently schooled on aftermarket prices and learned she was. Vote D. Approve the purchase of four Godwin Dri-Prime Backup Systems for four high-flow Lift Stations utilizing The Florida Sheriffs Association and Florida Association of Counties Bid Award No. 15-13-0904, for the total amount of $133,239.40. Motion Motion to approve by Vice Mayor McCray and seconded by Commissioner Casello. im Page 206 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Vote The motion unanimously passed. F. Approve a purchase from AWC, Inc. in the amount of $252,000 to furnish, install and program two (2) Siemens Sinamics G150 variable frequency drives (VFDs) used at Boynton Beach Utilities (BBU) West Water Treatment Plant (West WTP) as a sole source. Motion to approve by Commissioner Katz and seconded by Vice Mayor McCray. Vote The motion unanimously passed. F. Approve the purchase and installation of new fuel system at the Public Works Complex and Fire Station #5 from Advanced Petroleum Systems, Inc. utilizing the National Joint Powers Association (NJPA) contract #051613 -SYS in the amount of $149,240. NJPA satisfies the public bid requirements. Motion Motion to approve by Commissioner Casello and seconded by Vice Mayor McCray. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 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. 16-017 - FIRST READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. Attorney Cherof read proposed Ordinance No. 16-017 by title only on First Reading. Mayor Grant asked if this included residential and learned it did. 17 Page 207 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Andrew Mack, Development Director, was approached by two firms to include residential Property Assess Clean Energy (PACE) in the City. Prior to bringing the item to the City Commission, they wanted to set minimum standards for the City's program that would be offered to the public. It is a non -ad valorem way to improve property. Ms. LaVerriere explained it effectively finances the energy efficient improvements through the property tax bill so the payments come to the homeowner on the tax bill. There is a small administrative fee for the program and it includes solar panels. It is a great benefit to residential and the value of the improvements stay with the property. The City only offered it to commercial properties. I T] Commissioner Romelus moved to approve, Vice Mayor McCray seconded the motion. Interim City Clerk Pyle called the roll, MM The vote was 5-0. B. PROPOSED ORDINANCE NO. 16-018 - FIRST READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. Attorney Cherof read proposed Ordinance No. 16-018 by title only on first reading. Mayor Grant reviewed the Comprehensive Plan and wanted Policy 7.11.2 to remain. He read, "The City shall continue to provide, contingent upon assistance or support from County and/or CRA, shuffle service for patrons of beachfront parks." He spoke with the mail and they have a trolley stop. When there is overcrowding at the beach on weekends they could offer the trolley service from the mall to the beach and charge a fee. The City could explore other options as well for future CRA events. Commissioner Casello asked if the number of stops would be increased and learned the City could without duplicating Palm Tran services. It would get more people to City functions. Vice Mayor McCray asked if they have a contract with a shuffle or trolley services. Mayor Grant clarified this item would only allow for the possibility of a trolley being instituted in the future. Vice Mayor McCray agreed the provision should remain as seniors contend the trolley should not have been discontinued. IR Page 208 of 675 Meeting Minutes City Commission Boynton Beach, Florida • 16, 2016 Commissioner Casello moved to approve. Hannah Matras, Senior Planner, commented the Department could support the provision. The Policy was tweaked when the CRA had the trolley that went to the beach. The Policy would have to be amended to indicate the City shall continue to seek funding to reinstate the trolley. Attorney Cherof explained the Policy will come back on second reading with the amendment. Ms. Matras explained it is a text amendment that must be transmitted to the State with final adoption in December. Commissioner Romelus seconded the motion Interim City Clerk Pyle called the roll. Vote The vote was 5-0. C. Approve Major Site Plan Modification request to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi - Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. Mayor Grant read the item. Attorney Cherof explained this is quasi-judicial proceeding and he administered an oath to all those intending to testify. Commissioner Casello left the dais at 8:05 pm. James Williams, AW Architects, 7700 Congress Avenue, Boca Raton, representing Mr. Prakas, indicated they agreed to the conditions, but there was one item under review which was the perimeter wall. Ed Breese, Principal Planner, explained the Planning and Development Board eliminated the staff comment requiring the wall, which was not included in the Conditions of Approval. Staff still supported the wall. Mr. Williams explained the applicant agrees with all the conditions of approval, Vice Mayor McCray asked if Mr. Prakas was the realtor and learned he was and he represents the owners. Vivian Brooks, Executive Director, CRA explained Mr. Prakas is under contract with the CRA. He brought the Local Development Company forward that currently has a contract with the CRA for the property. Mr. Prakas represents Bruce Kaplan who is in Philadelphia. Commissioner Casello returned to the dais at 8:07 p.m. 0 Page 209 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Ms. Brooks explained the issue with the wall is there is a new public sidewalk the CRA installed as part of the 1$t and 1st public parking lot. Staff had suggested putting the wall on the west side which would wall the business off of the sidewalk which did not make sense. The goal under the Code is to wall -off commercial from residential which was just east of the new sidewalk. The wall was not high enough, but landscaping would affect the separation. Vice Mayor McCray did not favor the wall. Commissioner Casello asked how much the CRA invested in the property and learned it was purchased at the height of the market in 2006 for $850,000. Another individual purchased the property to the west for the same amount. The CRA did not put any money into the building except for maintenance. The CRA set aside $200,000 for seed money for a developer to convert the residential structure to a commercial structure, plus the standard economic development grant which requires a match. The seed money and the economic development grant totaled about $325,000. Vice Mayor McCray asked when the building would be occupied. Ms. Brooks explained the CRA has a purchase and development agreement with a reverter clause for certain milestones. If approved, the owner would have 45 days to close, then so many days to obtain construction permits, then a set time to receive a COU and a set time to open. Commissioner Casello noted Mr. Prakas wa getting paid by the applicant. Ms. Brooks disclosed the relationship when Mr. Kaplan Kaplan to find him a tenant. 17,13TC-TIM -A 6 0 - •- -6 133W� Commissioner Katz moved to approve, Vice Mayor McCray seconded the motion. VM The motion unanimously passed. A. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Brav returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6121/16 for 90 days) I I T, Commissioner Casello moved to remove from the table. Vice Mayor McCray seconded the motion. Wt Page 210 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Vote The motion unanimously passed Commissioner Casello moved to put the item to rest until the future, Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-103 - Authorize the execution of a second amendment to the lease agreement for telecommunications tower site with UNISITE, LLC (American Tower Corp) to allow for five (5) additional five-year terms, thereby extending the lease agreement 25 years to October 11, 2049 for the existing telecommunications tower at Quantum Park (3101 Quantum Boulevard). Kathleen Hatcher,.Senior Planner, explained the item was a typical lease amendment to extend the lease terms, which was negotiated for about 10 months. Lease agreements were approved in the past and this one included a 5% escalation clause. Vice Mayor McCray noted the contract was a 25 -year contract. The current contract has a 3% escalation clause, but starting in 2024, the amount would increase to 5%. The current amount was $32,000. October 2024 would be the first year the 5% would commence bringing the amount to about $41,600. Mayor Grant noted the company would pay another $20,000 for consideration to accept the deal, Mayor Grant was concerned the City may only be receiving 1% of Unisite LLCs revenue and asked about their revenue. Ms. Hatcher advised that information was not available and the City was only receiving a lump sum and the rent escalation, Joe Cabrera, American Tower, Asset Manager, had been working with Ms. Hatcher and advised the other benefit is the City has its own equipment on the tower for free which is valuable space to them. This extension makes the tower sustainable, and the lease was amended in 2009 with a compound expansion. As the City grows, the revenue would as well. PSC Tenants are not interested in sites that have less than 30 years. American Tower wants a good return on investment and that was why they offered a signing bonus. They lease the site up and provide coverage for the local community. Co -location drives down the cost of cellphones for citizens. Commissioner Casello asked if there was a termination clause and learned it is typical in cell tower agreements to have a unilateral termination right except for default. Commissioner a Page 211 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Casello asked if they would leave if they found a better location and learned the company is committing to a certain amount of time. They are growing yes, but it would be unlikely. Mayor Grant asked if the tower was visible from the street and learned it was 140 feet high and was located behind the Police Lodge on Miner Road, The tower is not lit and it has been there for some time. Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Mr. Cabrera explained there is another site that would come before the Commission with the same considerations. B. PROPOSED RESOLUTION NO. RI 6-104 - Authorize the City Manager to sign an Agreement with CareATC of Tulsa, OK to provide Employee Health Center Administration as a result of RFP No. 037-1610-16/JMA. Mayor Grant read the item, Commissioner Casello moved to approve. Vice Mayor McCray Tim Howard, Assistant City Manager - Administrative Services/Finance Director displayed a picture of the CareATC employee clinic reception area. The City received five responses to its RFP in May. A Review Committee comprised of Julie Oldbury, Human Resource Director; Colin Groff, Assistant City Manager - Public Services/Utilities Director; Dustin Koon, Gehrig Group, Benefit Consultants; Tim McPherson, HR/Risk Manager; Toby Athol, Boynton Police Department Detective; and John McMann, Firefighter, Boynton Fire Department, reviewed each presentation, ranked the proposals numerically, and submitted them to Mr. Howard. The highest ranked respondent was CareATC which operates two clinics in Tampa for the City that has 4,500 employees, a clinic in Coco with 415 employees and Oldsmar and Tarpon Springs with 500 employees. The review committee recommended a 42 -month agreement with two, one-year renewals. Mr. Howard corrected a prior statement relating to the termination clause, noting it is 90 days, not 30 days. The Committee recommended the clinic be located in the Utility Administration building on Woolbright Road and Seacrest Boulevard, which WIA Page 212 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 was being rehabilitated in conjunction with a utility project to be completed at the end of November. The Committee recommended the program start in January after the parking area is finished and the office is set up. The clinic would be a 30 -hour a week clinic with one physician for 20 hours a week, a part-time nurse practitioner 10 hours a week, two part-time medical assistants at 30 hours a week each. The proposed hours in the agenda were not finalized. If the item is approved, staff will negotiate the office hours and other items such as a list of prescriptions they can dispense. Also included in the meeting back up was the hours of neighboring clinics in Delray Beach and West Palm Beach. Delray Beach is open 32 hours a week and West Palm Beach is open 57 hours a week. Mr. Howard reviewed the operating hours for the Delray and West Palm Beach clinics noting West Palm Beach has 20 hours more a week and Saturday hours, which would be a long-term goal. Normal staff hours are 8 a.m. to 5 p.m. Some staff works 8 a.m. to 5 p.m. but Utilities, Police and Fire operate 24/7 with shift hours which are different. The proposed hours would be Monday, Tuesday, Wednesday, 9 to 5 with lunch from 1 p.m. to 2 p.m., Thursday 8 a.m. to 1 p.m., and Friday from 8 a.m. to noon. Staff may shift one day for an earlier opening or later closing at 6 p.m. Mayor Grant noted if not feeling well during the day, an employee could go to the clinic, return if not contagious, and avoid have to take a whole sick day. The clinic would handle pre-employment physicals, annual physicals, random drug testing, the initial triage for Workers Comp cases, dispense generic medication at no cost to employees, their dependents and retirees on the current health insurance. A basic list of medications the vendor will dispense was reviewed and if the agreement is improved, they will work with the vendor to review the history of prescription use from the current plan, that could be added or removed, but he emphasized they are only generic medications. Brand name medications would not be available from the clinic, but prescriptions for them could be obtained from the clinic doctor. Vice Mayor McCray asked if staff considered clinic operators in Florida and one of the Respondents was from Jensen Beach, Florida. Vice Mayor McCray asked who would conduct the evaluation to ensure the City is receiving the services paid for and learned Human Resources and Risk Management will be the liaison. Evaluations would occur at six and 12 months at a minimum. Vice Mayor McCray suggested a three-month review. Commissioner Casello asked the average cost for an employee to go to the health clinic and learned there would be a $40 copay. Urgent care was $130 out of pocket. Commissioner Casello thought it was important the employees give their suggestions about the hours. The goal is to open in January and staff will work with the vendor to market the clinic to the employees. After the clinic opens, it is important they follow up with the employees to make sure the visit was okay so if there are concerns, the City can make adjustments. 23 Page 213 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Commissioner Casello thought, if successful, they could work with Delray Clinic and share resources. Mr. Howard thought it could be considered after the first year of operation. The clinic will offer basic services. The clinic will not provide X-ray, MRI or after hours services, but would contract with Urgent Care facilities for after hour services other than the Emergency Room and would work out issues such as imaging services with the vendor. The one time start-up cost of $44,000 was for the vendor's equipment and supplies. There is a monthly administration charge, staffing and technology cost of about $51,000 a month based on the 30 -hour per week. If opening in January, the City will incur nine months of the monthly cost, plus the $44,000 one-time start-up cost totaling $508,000. The City currently has some expenses in the budget for various services the clinic will handle, The Police and Fire Departments have funds budgeted for physicals the clinic will handle. The Risk Management Internal Service Fund had monies budgeted for pre- employment physicals, random drug testing and initial review of Workers Comp Claims which could be used for the clinic. There is $150,000 in the General Fund for physicals, $77,000 from Risk Management for random drug testing and the Utility portion of about $87,000, which results in the General Fund funding an additional $171,000. On t September 8h, Mr. Howard would recommend increasing the amount taken from General Fund Reserves, transferring it to Risk Management where they will house the funds for the clinic and he will show the shifting of other funds in the proposed budget to fund the clinic. In future years, the cost would be $651,000 per 12 -month period, and there will be an allocation based on the number of employees allocated back to the General Fund, Utilities, Sanitation and Golf Course. This year Sanitation will provide about $20,000. If employees wanted to use their own private provider, the current insurance would provide coverage in its present form. Commissioner Casello asked if the clinic would pay for itself. Mr. Howard responded it was geared to promote wellness for employees, preventing ER visits and more serious issues that cost more, and to avoid future increases in health insurance premiums and reduce prescription expenses. There are a number of areas that will have savings. Commissioner Romelus advised she was never a fan of the City's high deductible plan and hoped the clinic will offset the costs for the employees so they can better use the health services the City offers and the City would save money. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. The motion unanimously passed. 24 Page 214 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 C. Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. Vice Mayor McCray commented a member of the public mentioned the City does not pay for the cameras and hoped the presentation would include information about the cost. He asked how many cities have Red Light Cameras. Sergeant Phil Hawkins, Boynton Beach Traffic Division, explained he has been an Officer for 21 years and Boynton Beach is the only City in the County with active cameras. Two cities in the County have cameras that are turned off and 52 municipalities throughout the State have cameras with the majority in Broward, Miami - Dade, Orlando and the west coast. Florida is the third deadliest State for red light fatalities. The program started in 2011 and the Department has written 85,505 violations. There are 15 cameras at seven intersections and violations decreased by 13% per camera since 2011 compared to April 2016. There was a 35% decrease in the last five months. Twenty-six percent of the tickets are to Boynton Beach residents and 88% of violators did not receive a second ticket which means the cameras are changing behaviors. Ninety-two percent of drivers statewide did not receive a second violation and Boynton Beach reduced intersection crashes by 51% from last year to this year. Last year there were 51 intersection crashes and this year there were 25. Angle crashes, the most violent and dangerous accidents, decreased 49% statewide. An Institute of Highway Safety 2016 study demonstrated automated enforcement reduces red light running. The study indicated cameras reduce the most serious crashes and is the first study to demonstrate that terminating red light cameras increases fatal crashes. There was 30% increase in fatal red light crashes per capita and 16% more fatalities per capita at signalized intersections. Collier County turned off their cameras and went from one crash a month to 10 a month. When Boynton Beach turned off their cameras for four months, there was a 54% increases and a 24% increase in angle crashes. According to National Highway Traffic Safety Administration, (NTSA) rear -end collisions, speeding and tailgating involved some form of driver distractions. Social media, Facebook, Instagram also exacerbate the issue. The most recent statistics from the National Highway Safety Administration showed more than 1.96 million rear end crashes occurred in the U.S. in 2014, which was a 6.5% increase from 2012. A long-range study from Howard County, Maryland, who was using the Red Light Camera technology for 15 to 20 years, found there was an increase in rear end collisions over a 10 -year period when a camera was installed and then it decreased. Boynton Beach rear end collisions at red light intersections increased 13% which was 50 feet before the stop bar. The City decreased crashes inside the intersection box, which is a 39% decrease of crashes at red light intersections. 25 Page 215 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Fatalities were zero in 2009, 2010, and 2011. There was one fatality each year from 2012 to 2016, except for 2014 and 2015 when the fatalities did not involve red light runners. A short video was viewed showing distracted drivers and the effects of running a red light. Sergeant Hawkins explained about the timing of the yellow and red lights. The Department works a lot with social media and is constantly adding to its website. The news sometimes picks it up and airs it as the Department is trying to get people to put cell phones down while driving. There has been no expansion of the program in the County, but there has been in the City of Orlando, Town of Davie, Tamarac, Homestead, Key Biscayne, Milton, New Port Richey, Miami Springs, Bal Harbour and North Miami Beach. New programs in Florida included the Village of Pine Crest and City of South Miami. There are pending RFPs for Pembrook Pines and Miami Beach. Vice Mayor McCray explained Sergeant Hawkins was providing scenarios of what could happen and noted the City is the only city in the County with an active program. He asked how many fatal accidents occurred in Palm Beach County. Sergeant McNevin responded about 300. Vice Mayor McCray commented it has been many years since he handled a funeral for an automobile accident victim. He commented citizens in District 11 and the Senior Center are asking why the City was still using the Red Light Cameras. Sergeant Hawkins responded it was part of improving the community. Red Light Camera violations are issued to the registered owner of the vehicles. Vice Mayor McCray asked how many vehicle fatalities and how many homicides occurred in the City and learned there were 12 fatalities with nine accidents. There were two homicides that occurred in the City that were justifiable and another homicide at Pence Park. Commissioner Casello questioned the number of vehicle fatalities as there were five fatalities. Only two involved red light camera intersections in 2014 and 2015 and there were zero fatalities before the cameras. Sergeant Hawkins responded he provided the raw data from NTSA the Florida Department of Transportation and the Insurance and Highway Safety Institute. The City's population increased, everyone is using cellphones and distracted driving causes more crashes than DUI's. Commissioner Casello asked how many times the cameras were used to assist in other law enforcement issues and learned it was over 300. It has assisted in solving homicides for the County, Delray Beach, missing persons, armed robberies, a Dunkin Donut robbery, the Marshalls Task Force and the Palm Beach County Sheriffs Office with a missing person case and two homicides. Two Community Service Officers received over 1,000 hours of training. They attended the Community Service Academy, and the Police Academy. They are both sworn officers and have been granted authority under the Chief and Florida Statute to investigate non -criminal acts, traffic crashes and issue traffic citations. Both of their certificates are current and they continue their education. They have investigated over 100 crashes, complied with the ATS training and assisted other agencies and in arguing W Page 216 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 the program in court. A Ruling for Td District Court of Appeals indicated the Boynton program is in compliance. Sergeant Hawkins acknowledged the $11 million given to the Miami Project to Cure Paralysis and $30 million for trauma centers. He did not have the figures for 2015/2016 but was aware the Delray Trauma Center received almost $600,000. He commented if they do not support the trauma center, although it would not close, the closest trauma center is Broward or St. Mary's on a Lifeflight. Two citizens appeared before the Commission and opposed the Red Light Camera because they felt they were falsely accused and they did not run the red light. Vice Mayor McCray explained he received two tickets and was afraid to drive by the intersection. The program has a 92% success rate in court. The Department received two traffic safety awards, and they are number one in the State for the program. The Department has assisted other cities in and out of Palm Beach County to re-establish their program, educate communities, win appeals and understand the system better. Commissioner Katz supported the program and understood motorists are unhappy if they get a ticket. The program was always in compliance and has been ahead of the game resulting in the program being legally defensible and successful. Three concerns he hears is accidents increase as a result of the program, but the statistics in our City show they decreased. Approaching a yellow light should be a warning not to accelerate. Another concern is the program is a revenue generator and the City is taking advantage of residents. He noted the City makes about $150,000 annually, and all the costs are covered by revenue. Motorists should be held accountable for running a red light. Near misses are potential accidents and with increased traffic and new development, the program is a proactive approach to mitigate or avoid accidents. He commented citizens were concerned about privacy rights but the Officers are looking at cars at intersections and it was not a violation of one's Fourth Amendment Right, His concerns were to ensure the City was getting the best deal with the best equipment. Commissioner Casello disagreed and noted the City did not have a fatality until 2012 and understood the fines were $250,000 a month, totaling $3 million a year with $1.6 million going to the State. The amount retained by the City was $115,000 a month for a total of $1.38 million. He recognized the City had costs and questioned who is making out on the cameras. The Legal Department receives about $156,000 to defend the program in court. ATS receives $792,000 per year. The amount in the Traffic Fund is $492,000. The $170,000 for the salaries of the officers was in the General Fund. This year the City will make $250,000. Commissioner Katz disagreed and stated the net revenue was $150,000. M Page 217 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Vice Mayor McCray, after listening to residents, was not in favor of them. Commissioner Casello asked if the City could pass a home rule to ban texting on cell phones. Attorney Cherof responded they could not, as it was preempted by the state. Tim Howard, Assistant City Manager, explained the numbers Commissioner Casello read were contained in the agenda item. The average fines received per month for the current fiscal year was $250,000 and $135,000 goes to the State, leaving $115,000. After legal, the monthly lease, and magistrate costs of about $80K a month are deducted, the program earns about $35K a month. This current year, the City did not charge salaries of the two officers and red light camera clerk to the fund which is about $175,000 to $200K a year depending on salary and benefits. An average of $15,000 to 20K a month to pay for personal costs, times 12 months yielded a range of $240,000 to $175,000. Commissioner Katz did not view the revenue as a negative as it was being received from people who break laws. He noted at the last budget meeting, the Commission allocated about $200,000 a year for the next seven years to upgrade the computers for the Police Department. This initiative was already included as a way of finding funds for initiatives the City has. If operating the cameras as is, it would pay for itself for the next seven years as well as new software for Police and Fire as opposed to using funds from the Capital Budget or Reserves. In the interest of public safety, the program was good and -assists Police to solve crimes. It does not change the fact the law was broken and motorists are held accountable. Mayor Grant looked up the Statute and announced $70 goes to the Department of Revenue, $10 goes to health emergency, $3 to the brain and spinal research and $75 goes to Boynton Beach. Mark Wandall died from a red light runner and a Foundation in his name assists children grieving from the death of their parents. The City is actively advocating for public safety and it is something to be proud of. He attended the Dory Saves Life Foundation and the Traffic Safety Committee Awards and vehicles are deadly weapons. Without certain restrictions, people are killing other people because they do not think they will get caught. He supported the program. Herb Suss, 1711 Woodfern Drive, advised he is a safe driver, but motorists often tailgate and he becomes apprehensive when approaching intersections. He opposed the program on the basis of tailgating, road rage and distracted driving. He noted the City is the only City with the program and a lot of seniors driving feel the same way. Jerry Taylor, favored the Red Light Cameras, If one obeys the law, the cameras will not affect them. In 2003, his grandson was killed by a red light runner while crossing Woolbright and Federal Highway on a bike. Fines and revenue means nothing when a loved one is lost. The program is for safety to protect pedestrians. He urged the Commission to protect its citizens and not let someone else lose a loved one. U-1 Page 218 of 675 Meeting Minutes City Commission Boynton Beach, Florida • 16, 2016 Barbara Ready, 329 SW 13th Avenue, favored the cameras and agreed with Commissioner Katz and Mayor Grant, it is an important addition to public safety. She reminded the Commissioners they just approved a project with increased density. Harry Woodworth, 685 NE 15th Place, favored the program as his wife and son were going through a Boynton Beach Intersection and were t -boned, but were okay. His son, now 21 years old, got a ticket right after the program was started, and he stops when he approaches a red light. Four different people rear ended him and two were still holding their cell phones. He contended rear end collisions have nothing to do with the light, it is about stupid people not paying attention. Eric Aronson, 1230 Via Fatini Renaissance Commons, commented they cannot base the program on the number of fatalities. Fatalities could occur for other reasons, illness, or a crash at a perfect angle. He thought the evidence weighed more favorably for the Red Light Cameras. Woodrow Hay, 427 NW 5th Avenue, heard discussion about the importance of saving one person's life and commented the same applies to this program. Other cities were watching Boynton Beach to see what the City would do and would follow suit. He has spoken with other City leaders and commented it is okay to be different if there is a benefit. He favored the program and changing the culture for the safety of our citizens. Commissioner Katz noted Boynton Beach is the only City in Palm Beach County with the cameras, but it was mentioned the County is actively looking to restart their program. Sergeant Hawkins confirmed the County was considering reactivating the program. He spoke informally with officers from West Palm Beach and they are considering it. Juno Beach is getting ready to turn the cameras on and were waiting for the 3`d District Court of Appeals decision, The City was steadfast and won the challenges and set the standards. He opined if the City abandoned the program, other cities would be starting up. He thought cameras were a part of the future of traffic. Commissioner Casello commented when the cameras were turned off, the only reason the City did so was because ATS indicated they would not charge the four months lease fees, if the City extended the contract. He had previously voted to avoid payment of the four month lease fee and have a future discussion. Vice Mayor McCray also recalled they did so to avoid a lawsuit against the City. Commissioner Katz understood they turned the cameras back on because they were compliant with the law. Shana Bridgeman, Assistant City Attorney, disagreed with the comments. At the time, the City issued a notice to ATS they would not pay for the three months and the cameras would be turned off. The language in the contract gave ATS the opportunity to cure the issue. ATS worked with the City to change the program and business rules so the City's program would comply with the Aerm case. Staff then moved forward to see if the courts would be satisfied with the changes they made. There was no threat from ATS of a lawsuit at all. 29 Page 219 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 As part of that issue, she negotiated a discount with ATS, so they did not have to pay for the three months and negotiated a discount over the life of the term of the contract which was a $300,000 discount for the City and if they continued the contract for the full five years, there would be a 600K savings to the City. Vice Mayor McCray asked if Attorney Bridgeman informed the Commission if they turned off the cameras, they would have to pay $800,000 to get out of the contract. Attorney Bridgeman responded that was one of the options which could be the worst case scenario if things did not work out. It did not mean that was what would happen. There were four options and that was one of them. Vice Mayor McCray recalled they were told the City had to pay the $800,000 and felt he was misled. Commissioner Romelus received a lot of complaints about the fees and fines noting 600 hours had been logged in litigation regarding the Red Light Camera issues. She noted 26% of people ticketed are residents and 74% are not. After hearing concerns and the presentation, she supported the program. For a long time, residents were dealing with the cameras and they have learned to live with them. The City was number 1 in the State as far as winning in court and in compliance. The program is winning nearly every court case, and more and more people are paying and not appealing and the number of red light violators is starting to drop consistently. Commissioner Romelus wanted to look at numbers to see if they could increase or decrease the fines and thought there could be changes and agreed Red Light Cameras help with distracted driving. She hoped there would be legislation that will control cellphone usage while driving. Z= - Commissioner Romelus moved to approve. Commissioner Katz seconded the motion, Commissioner Casello wanted to put the matter out to RFP. Attorney Cherof explained the issue to decide is whether to use the one time right to terminate the contract. If not, there is no RFP until the contract expires in 2021. Attorney Cherof explained there were issues raised about how to improve the equipment and noted ATS is a good partner. Staff would have no problem approaching them about modifications and reporting back what ATS is willing to do, going forward with the contract. D. Community Funds $250 to Bernard Wright Ministries for the official sign placing of Robert E. Wells Motion Mayor Grant passed the gavel and moved to approve. Commissioner Casello seconded the motion. all Page 220 of 675 Meeting Minutes City Commission Boynton Beach, Florida August 16, 2016 Vote The motion unanimously passed. A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL - None 15. FUTURE AGENDA ITEMS "W" 0417'ri"611011u: !!! ix� 11 1 E. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD F. Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 D. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD E. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 F. Upon successful negotiations, the Commission will ratify the IAFF, SEW and PBA union contracts- TBD G. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016. 31 Page 221 of 675 Meeting Minutes City Commission Boynton Beach, Florida • 16, 2016 16. ADJOURNMENT There being no further business to discuss, Commissioner Casello moved to adjourn. Vice Mayor McCray seconded the motion. The motion unanimously passed. The meeting was adjourned at 9:57 p.m. ATTEST Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist 32 Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 222 of 675 7.A. BIDS AND PURCHASES OVER $100,000 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Approve the release of the utility bond for the project known as RaceTrac Gas Station in the amount of $468,994.90 for the water and sewer utilities. EXPLANATION OF REQUEST: This project involved the construction of new water and sewer utilities, including a new wastewater lift station, to serve the RaceTrac Gas Station at Hypoluxo Road and Seacrest Boulevard. A utility bond in the amount of 110% of the value of the water and sewer utilities was required because service was provided by Utilities before the ownership and easements of the completed system were transferred to the City. All utilities have been completed, the project has been closed out, and the systems are performing without any issues. New utility easements have been dedicated and recorded. The utility bond in the amount of $468,994.90 should be released to: RaceTrac Petroleum, Inc. Attn: Luke Hanson 3225 Cumberland Blvd., Suite 100 Atlanta, GA 30339 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None. FISCAL IMPACT. Budgeted None. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 223 of 675 ATTACHMENTS: Type Description D Addendum Utility Bond REVIEWERS: Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Pyle, Judith Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 8/29/2016 - 2:43 PPA 8/29/2016 - 2:44 PPA 8/29/2016 - 3:49 PPA 8/29/2016 - 3:59 PPA 9/2/2016 - 8:25 AM Page 224 of 675 ON NO, 10 34e 'XI'MMSMSETH: 'Mis surety on given by ReexTrac Petroleum Inc-, as Pnin, cipal and of America are jaintl and severally bound umtx as Oldirce, inthe arn;oult QFoul s-ndV ar 1s(.$L6,SW 0 of 1wwfb1 nioney of the UnRed &ates ofAumcdca, for the payment of whichviv Principal wW surett, ind fneir heirs,exernitom, administrators, sur ccesacws, assigns or the legal representatives. M,rffE'P,EAS, the said Prfiwipal has raquested the ohligec to fbimish 1 t111 -Y to the said 1�'incipal at h4p. , ,nt location of _J"� _,Hypgkjx C resT ,a_Ejd_LM,tar�a_E,j_____ and Irl MMAS, the said Principal has proinised to pty such Utilit y Services a.s provideA by the Obligec- as billed theTefore ftom time todme, all with the usuall-,4,Teqiiirf4de.13osit beinti made ley llrincipal, wW WHEPMAS, the said Obfigft- has agreed to the foregoing on condi-ftiorn that it 1 -se ledenmhied af,;ainst a loss oafaccobnt NOW THEREFORIE, the condition of the oblipfion is such that if dw, Principal shAll pay or caUse to be paid MIAD the Obligee all awoums that may at any time hereafter be due and owfiig tothe Obligee lry flae Priiloipal for Utflity Send „us furrushed by the Obligee to thellfincipal, thmi this obligafion wall bc,,,null andvoid; AAherwise tj,) remain in full force and 1f1° t, PR()Vr i : ns 1) ",l it in no event 4r ll the hab fli'ty of 'flic Surety hey-eurolen. be Curnulative ftwn"k ycrdrw year, nor Am]] the Surtrty in twy event be liable fbrr more thar, the total armours! Stated lwrcinW 2)'I'bat the sxwe'-�Vler" wein Inay, 11" it so elects, terminate. its obligation under this bond by first, servirAg at least thirty (30) days writtm nofifx of its interwon to do so upon the Oblipe at itsPnncipja offic at 124 E WolbD�2ht Rd 0 B!2ynton Beach, FL 33435 but the Surety slash neval'Wicss remain Hable for Rny and 0'111 —acmmed —indebt—edries's —ofdw prior to the terynirsition dates 2,C) ece r � bz,'� r —— -— . . . . .. ....... . ........ ............ i R ) I vat eve, o e n'n,- I n c, e. .. . ....... .... . . . ... ..... of o' t' at to {F1,3' N ... .... .... j Tt s f or ar ra . .... .... .. 'Suny'�'ty ..... . ... . ......... ) it j B "r U Ad"""nw Page 225 of 675 S1 ATE OF ILLINOIS COUNTY OF COOK or) 'ffiis D a c e nn, b-, e r 20 15 ber(:,,nj tne carne Robin L.Arnstutz who executed the preceding instrunient, to me personally known, and being by me duly sworn, said that he is the therein described and authohized AT TORNEY- 1 N- FACT of 'rave'ers Casual r arid Suret om,,s that the seal affixed to sd instrurnent is the (yorporate Seal of said Company, 'N TESTIMONY WHEREOF, i have hereunto set my hand &rd affixed my Official 113.6al this day and year first written above. % N 'A' 7- id M!,Av . ......... 4'�',,ta4ry Pu bfic Page 226 of 675 S�,YvTr': Of, 1"u.04tys FIRIEES 11AVVP,,(Ni I Z 2'017 (Seal) % N 'A' 7- id M!,Av . ......... 4'�',,ta4ry Pu bfic Page 226 of 675 'odW TRAVELERS J POWER Dam Xr`7,13 RH EY Farmington casuaft-V cconpany Fldegfty and Guarnifty Insurance Company F I idelft and Guaranty Insurance Undemweiters, Inc. St. Paul Fire and Marine Insurance Company SL Pau! Guardian InsuranceComparry Surety BDnd No. 106383473 OR Nvjeiption: Utility bond for sany sevver, for mala, water at 1450 Hyp ha Rd, Lantana, FL St Paul Numury Insuran;evi Company Travelers. Casualty and Surety Company Tnavelers Clasuaftly and Swaft Company of Arnericav United Sbates Fldefltv and Guaranty Comirany Prindpah RaceTrac Petroleum, inc, C*Aqeeall City of Boynton Beach Ublities Farmington Casualty Company Fjdekty and Guaranty Ing unc r Company Fidefty and Guaranty Inramrice Under wrftelvs, Inc. St Paul Fire and Marine inwrance Company Sct PaW GuanAan InsurarKs Company Qty of Hadfoni ss. S. P&O Memory Irsumnce Cmpany I ravelers Casuaky and Str* Colnpany Tram,tes Usuaty and Straty Cornpany offtedca United Staft Ndefity and Guaranty CDmpany 19ro 77 0 7VA MOD.,,411 By: R On 'this 'Che 1W* day of September, 2012, before nle jnrsonally apixared Robert L. Raney, who acknowWged NmFelf to e Se.,gor Vicr, President of Farmington Casualty (':ornpany, Fidelity and Guaranty Insumance Company, Fidelfty acid Guaranty Insurance Unduvidtam, hm., St Paul f9re err d Marine Lrounwice Company, St., Paul Guardla,,r Tri err CvmrAny, St ftdMercury Insunarxx Company, Travders CastjaLty and Surety Cornpany, Travvers Casuaky and Surety (.': nrany of Arriedra, and United States Fide sty and Guaranty Company, and that he, as such - being auftxtmd so t,s do, executxxJ the fry "r g instru rroofft for the purpcses t1i erein conta ivied by Ogr,0 ri g on bebalf of dw. corponk ons by hiraself as a d0y a udlorlzed ofar. In Witness lh%ereof, Dara-wito set aq hand and cliffidai mal. My Cbinrn!ssion (wpSres jie 30tto day of lune, 12,016, 'I Ttreauft Wary Pubk Page 227 of 675 E N� ra verify theautbuk iffdty of thIs Power of Attorney, it 1-800-421-3880 or cwtvact ta at www.tmvpJmbondmm, Please refer to ffmAftraapI-q-,Factnumba* the above-namedkdholduals zndtftedkftW of the bora lto whA* thepowerls aftached Page 228 of 675 7.B. BIDS AND PURCHASES OVER $100,000 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES" Bid No. 050-2511-16/JMA to Thermal Concepts, Inc. of Davie, FL as submitting the lowest, most responsive, responsible bid meeting all specifications for an estimated annual amount of $125,000.00 for preventative maintenance and repair. EXPLANATION OF REQUEST: BID AWARD PERIOD: OCTOBER 1, 2016 TO SEPTEMBER 30, 2018 On July 27, 2016, Procurement Services opened and tabulated seven (7) bids submitted in response to the bid solicitation for HVAC preventative maintenance and repair. This bid solicitation outlined 33 HVAC locations in the City's buildings and facilities in need of monthly preventative maintenance which is defined in the scope of work as "scheduled routine inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with minimal downtime". All bids were reviewed by Public Works Facilities Maintenance Department; Facilities has recommended the bid award to Thermal Concepts, Inc. as the lowest, most responsive, responsible bidder to perform preventative maintenance and repairs for a two-year period. This bid does allow for three (3) one-year extensions at the same terms, and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This is the first time that the City has solicited for HVAC services. Previously, preventative maintenance was performed in-house and repair services were achieved by utilizing the Palm Beach County Bid for HVAC maintenance and repair services. Proposers also submitted hourly pricing for Supervisor, Licensed Journeyman, Foreman, Apprentice/Helper, Controls Technician and Service Technician. Prices have been established for Regular Time, Overtime, and Premium Time for necessary repair services. Materials and replacement parts will be provided at the Contractor's Actual Cost Plus 20%. FISCAL IMPACT. Budgeted The estimated annual expenditure is $125,000 with awarded proposal pricing for preventative maintenance accounting for $36,225 annually. Funds are budgeted and available in account no. 001-2511-519-46-25 and budgeted in the Capital Improvement Fund. ALTERNATIVES: Not approve bid award and continue to piggyback the Palm Beach County Bid for HVAC Repairs and Maintenance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 229 of 675 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Tab Sheets D Memo D Other D Other REVIEWERS: Department Finance Finance Legal Finance City Manager Description Tabulation Sheets Recommendation to Award Bid Proposal from Thermal Concept Pricing Proposals from Bidders Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 8/29/2016 - 4:24 PPA 8/29/2016 - 4:25 PPA 8/31/2016 - 10:40 AM 8/31/2016 - 10:41 AM 9/2/2016 - 8:21 AM Page 230 of 675 ■ E d k 8 8 �a c� 33�on§E S$ uJAco a@&m cn ,LU � �\ � m m_ !§ m m _j® L) m m m f w K ¢ co c ia a 2 2.0 \ \ 0 o= \ \ \ m o a o ± w Z. = . : N k0�kƒ�\ � R M 0 <§ e 7 0§ §/ k §$ cQ CN §-7�C/2 cn od >- n CO 5 Q- Q ± )�LL��� <«�GGaim m �L) m m m f ± ± w zCL ± w ± w ± w {/.0---a §R / u � - .. g 0 k q�T- m.. ■ «O LmL U\ / �§ = o U) E CD R k W= Q n / t Lo a)R = LLJ -j } z f / § M j j Q j j j z w §§ w w w § §tJLO k�0LL /0 $ U �§ z f 2 LD \ \ < > U) 2 O \ Q� z } E® / E 0 / 3 § \ \ < 7 \QE0 I}«9 z¥2 G� ± e �/ i M LLJ \(o D\/ �c ® \ § <» n M - m I I i M / / 6/ E_ L E< ±> i = \ z §E\E\E O m LLJ \\/ m z E/ / // /¥77/ E� ƒ R/ e \> j3 5Q. =1 j3 ± ±> 3 �j cj 2@5/j cj i jj > 10m IMm EoRmm lcom a� mm LO � S 0 m N ¢ 2 n � / \ e ■ C14E 0 e ® U) C nm E z uJAa@§� /j >LL \k 2 o m m z m m �K/��fA3 \ \ /§ \ \ aoa2£2j g= z = . : N g 5 � % § � - w \ I §U) M j (a) * I § § z §k §-k��/� LU) >-n a5Q- �j §ALL§2 co ƒk z- 2«�GGaio m m 3/ m m <MMm"#j z ± w ± w <I ± w ± w co 3CN ¥2 /k X 0< q LOL/ .. § j / � \ w Bei 0 \m \/§alkƒ b �§ kkLLmCO \ z 0 r- �/ 0 b b \i j j 7 § t LLJ w w ¥/ w w ) Ix =°w G e §%�kƒ\\ f\ E \0 5\ $ � C/ /f e z \ / \z j �< ± ® / \ 7 0k eLL / E z z \ / 3 E j/ § ui ƒ i z D/ $ \� \7 7f z \ Ef oz j ji ji Ej /e ie Ei E/ j/e w \ _± _± 0� �± <m \j << 7§ <_± e 3 // � ii/ e z> ©3 /3 Ez Eƒ >±> > 3 jj fj /j f\ fG k3j / > j<m IZm j<m 10I O* Eom 0 LO � S 0 N m N ¢ 2 n � / \ e 9 co Mn a L C� O O U C O Y Q N N N > N C Co co a 0 y � U N o co In T N � E L '— O N j L N N O C U — (p 2 Q _ 0 N N -J co i � N � W W N Q O o LU w .. ::) ::) O C Z OD OD OD EO U y U N O C14f6 CO ¢ fn M cD c=, E Oi LlJM v c�'� a, O In Z Q o LL rn a, Urn in U) u} in in in O Z -a --� .L LC) LO w w w w w Z U) CL LLJ a0=F— LLL.— c O :3v cc o (n N E O LU U Z w E O O F 0O to y O O O N C po O Z 7 M �'•, M N m Cl) w p aai J N � >'� )� m e U U) U) U) Z O Q¢� - �.� �w Q >- w > m w >- w >- w >- z Z= o 6 W wCL t�oY °' m c O U N J~ LL _ 0 NLU E O U1 O 0 N E O U LO J ¢`sv U 0 O O U cM> ao c CO Q o 0 J N p U LL CD U z ,� co co -m L)ZO Z o wQ w V O OQ R w w w w O f6 m co coo 5 6 a Z_ U) Z p M R ELU C� a Z¢>a�LLCY 2� O m M in a w U) Cr N3: v U 0 .L U) z z O Q LU O Q z CD Q U Fn U �_ LL U) Q� LLQ H Q z OU O w ~ U O U Q c� W a- m , �(n z O� 0 � ow U O Z LU 0 0 LU J O- w Q H O J Q o 0 m m H Q O m Ui 0- CL m z QU)O w � LL Q Q Z U D p� p z F-- w O (n J L�LJ Q L�LJ ( 2 w z J� O z H � H z Q o� H � H w m L Q 0 U= 2 P 0 2 w w w co Q E o Q co co w U co > 10 U) ICO cn a- (D 3: cn U) lco U) a� cn cn LO O m m N v ■ E / LO � S 0 � q N ¢ 2 n � k \ e e ƒ u § n % 2a E EE 2 3 R f\ƒ P± z E ? ] \ 2 � = z / © o LL § C, w 7 E/ j j [-- O j j -_ Q �7om 2 w w /f w w rL $kƒ�gLu U) d/ /§7LL 0 jk Lu �Cj (o w7 LU _ I C3 5 E 2 8 2 § z § p ® $ E 8 z e e Cl) 2 2 w z=nnnn=± // �k�§§7>f U.) m m z± m m -j u_aR2 ± w ± >- <z >7 ± w ± w Z 02£ 2R�.= >- § e £ § § / w /: I U m LL . 0 ■ -j =o 2 \ ( k � cn E S LO \ \0 / C', e - .0 2\_j8®/o ± z fUe�$%2k */ 2$ g§ 2 E 2 o m ± m ± %} m ± m ± §�§E- _ co CO_ 00 m w w G 7 < w w � �E�b\t\ di CY j \/��� a oƒƒ j/ w / e z \ / \z j �< ± ® / \ 7 0k eLL / E z z \ / 3 E j/ § ui ƒ i z $ \� \7 �/ 7f z \ Ef oz j ji ji Ej /e ie Ei E/ j/e w \ _± _± 0� �± <m \j << 7§ <_± e 3 // � ii/ e z> ©3 /3 Ez Eƒ>±> > 3 jj fj /j f\ fG k3j / > j<m IZm j<m 10I O* Eom 0 LO � S 0 � q N ¢ 2 n � k \ e ■ LO � S 0 LO m N ¢ 2 n � Cl) [ z k \ } waw®m\f e p ©O e0—$ - Q -#n --yam C-4 � i¢/ k/§ §\ _ — m ± m ± 2 m ± m ± m ± ƒ 2 j ± e e o LOLO[a> w v w w w _ K±± k/t��2k § Lu oa C,4§®2 0 ®/z UCN / § LU \ 0 _ _ z 0 2 \ \o \ > 2 O \ z LU / E 0 0FL / z § \ z¥ \ } Cl) LU 2QE0 co , G Q� 2 ± e LU/ LU 0 \(D\/ ® \ § < » n 0 — m c E< I I i e / z 6/ E_ L O ±> i m = \E \E §\ /E \ / LU z \E U) // / e \> j3 /¥77/ g}Ie> E� j3 ƒ ± R/ ±> 3 �j cj 2@5/j cj i jj > 10m 100m EoRmm lcom o� mm LO � S 0 LO m N ¢ 2 n � Cl) 9 0 N N —JO� co i � N � W W N Q O Oho LULU D D o 0 Z m m m LO O N a) ch L U) E O U U Z to a) Lo�� a -� U _ (n �cn w F- a> ce) I CZ O Z W ¢ M N 04 ® Z y (n (n U) (n (n J LO o �at — W W W a o LU LU LO E J U '> O w Z Z> 0 0 N C,4H LL w 0 _ U LU O 0 LU z O w � z 0 LU Q ~ LL LU H > OZ 0 0-w z Op O H 0 LL 0 0 Z) Q� H w W W Q LWL W U- 0 L LL 2 J Z Q O O? O w 0 z ZO ZO U z O U CO U)U Y ui0 Z)0 m0 F-- U) HV UQ0 cn Q� ��J� U F-- U) WF-- Z O O H O H H Y— 0_ W Q' OO H W zZ Y000 U— L� Z Iy Y W w 0 U Z) Z00 O Z) �p00 z Z) Z(n O Z) Z� 00 _jZ00 Q w Z) O > j<cn IZcn j<cn 10m 0�: a- CDcn 10 LO O N a) ch L U) Alibrandl, Julianne From: MooU, Gail Sent, Thursday, Augustlt 2016 : : Allbrandl,Jur .in o ,ChA{n ; Hillman, Terry Subject Approval of HVACBidder (Bid $-1 / ) Good Afternoon ■ERGS ay to the Guffstream m»be amdsed r ! , k V11Is iaH 6 _ y be 'Nspub'ject6� : reaw,ds, law, wnraff " « Thmnsfare, and,z »4 d v 7 m « @h;: « Page 237 0 675 CA0030021 CS0046951 OWAD7930 2. Price Proposal S. References 11 -Acknowledgement Palm Beach County Inspector General Repoz 1711 Thermal Concepts, [no, 2201 Cofle-ze Avenue Davis, RoHda333 1?, o" SZMAM4403 f 9,64,370.641 w, 0 lf'rr han ) Page 238 of 675 ax.,onc,ept&oo_1 BIDDER ACKNOWLEDGEMENT Submit 4„ R, , fl E M I f E 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 r.91 �ill-�mmommomrivl"llTli,] 11141170, time is scheduled for: l 30 P.M. (local time) a withdrawn Cn/State/Zip: DAVIE, FIX)RIDA 33317 Vendor Mailing E -Mail Address, AIRVINFATHEYMNALCONCEPTS.COM Authorized Signature 2 Bld No.050-2511-1 ! Page 239 of 675 BID PROPOSAL FOR HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES 050-251146/JMA ITEM I GROUP "A" FACILITY LIST PREVENTATIVE NO. MAINTENANCE 1 1913 SCHOOLHO�USE M�USELIM 141 E. Ocean Avenue T T 5S v4 —f "d — 2 ART CENTER 125 S.E. 2 Avenue 7 8 10 11 12 13 14 is 16 17 M2fi!WZ_PR&bNG $ 82.00 $ 41.00 CITY ALL COMPLEX — Fire Station #1 , 1 100 E. Boynton Bch Blvd. $ 41.00 y HA L C09PLE e L X Polic CITY HALL COMPLEX Police Station 100 E. Boynton Bch Blvd. $ 127.00 CITY HALL COMPLEX West Wing 100 E. Boynton Bch Blvd. $ CIVIC CENTER 128 East Ocean Ave. EZELL HESTER PARK Community Center 1901 N. Seest Blvd, $ �350.60 FIRE STATION #2 2615 West Woolbright Rd $ ------- 12ZXL.— FIRE STATION #3 3501A N. Congress Ave $ 41.00 FIRE STATION #4 FIRE STATION #4" 1919 N Federal Hwy $ a 0 STATION #5 2080 High Ridge Road $ 321.26 [FIRE LIBRARY 208 S. Seacrest Blvd, $ 44 a WILSON PARK — Sims Center 225 N.W. 12" Ave. $ 1914.50 COOLI TOW—; COOLING TOWERS (2) 100 E. Boynton Bch Blvd. $ 0 3M4.00 Total Monthly Proposal for Group "A" $ ......... . 1,983.00 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 81d No. 050-2511-16/JMA 30 Page 240 of 675 20 1 BOYNTON MEMORIAL PARK - Chapel 2010 N. Federal Hwy, 2010 N. Federal Hwy. 800 W. Boynton Beach Blvd 21 CONGRESS AVENUE PARK (Barrier --It$ F Free) 3111 S. Congress Ave. $ 6175 68.75 C Co 4 ONGRESS AVENUE PARK (Tennis 22 .0. C' t4 Center) 111 , r 3111 S. Congress Ave. $ .5 119 a 119.50 N R INT RACOASTAL PARK -- Clubhouse 23 :[I B Building 2240 N. Federal Hwy. $ 24 MADSEN CENTER 145 S.E. 2nd Ave. $ 41 Q0 —5 P12 (Old Fire, Station #2) 2201 S. Congress Ave. $ 41.00 26 PISTOL RANGE 3501B N. Congress Ave.. $ 54. 27 P - Admin, Fleet, & Warehouse 222 N.E. 9 Ave. $ 41.00 28 P - Solid Waste, Streets, Trans, 222N9:h Ave. Fac. .E. $ 11 .50 P%V#3 - Forestry/0- rounds & Parks 222 N.E. 9 Ave. $ 41.00 TO— PW#9 - Forestry/0- rounds Trailer -2Y2- —N. E-,,. -9115A--ve. $ 41.00 1— RGMC - Radio Tower Building NW 5th St $ 41.00 2.22— SENIOR CENTER 1021 S. Federal Hwy. $ 78.50 23— WILSON PARK - Denson Pool Pilin -2 -272-5 �NW. �12'Avec � $ Total Monthly Proposal for Group "B" $ -1-111--.1.1 ............................ THIS PAGE TO BE SUBMrrTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLEM AND ACCEPTABLE Bid No. 05 -2511-16/J M Page 241 of 675 ITEM I GROUP "C" PREVENTATIVE MAINTENANCE THIS PAGE TO BE SUBMITTED ALONG WITH1 FOR PACKAGE TO BE CONSIDEREDCOMPLETE AND ACCEPTABLE 6fd No. 050-2512-16/JMA 32 Page 242 of 675 26 PISTOL 28 Waste, Streets, Trans, Rask odo Tl'ower Budd -Ing ....................................... .,,,.... ....,......,......,....32 SENIOR CEN'rER i W11 SON r3,4RK — Denson Pool 33 .,.. Bid N. 050-2511-16/JMA 3501 B N. Congress Ave. 222 .E.9 -"Ave. 222 NAEL 222 Kr'— Ave. .,... NW 56%h St '1021 S. Federall wy 2 2A 65 +m W. 1 ' A n THIS PAGE TO BE SUBMrI7ED ALONG WMi BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE IN Page 243 of 675 ,ttm„mmmmmmmmmmm,� •. 00 $ 50 41.00 41,00 ,vm,%,.m,%,.m,% m 41.00 IN Page 243 of 675 Lftopatir nd re ce nt pa te a i1cl L" UaICOSIPW* Percen�oge a or P' a M0 its ' ma r! 'cos'. Contra , o , Act 0 �xc x S r, I e L rg rr�� _up, L N eed 20 -a e no e ib e for , rk dost Jus _0 96 ALL PRICES F.O.B. BOYNTON BEACH THERM4L CONCEPTS, INC. lr>ARY NAM SIGNATURTff— JUL Y 27.20`1 rAT (X54�AMA40- TELEPHONE NUMBER ALLEN Ll.IRVINE FRTN—T9D N;KM— TITLE Page 244 of 675 Personnel Title Regular Time Overt" Ime Premium Time Supervisor $ X0-00 _hr. $ 120.00 hr. $ ---L62.00 hr. Licensed Journeyman $ —,--75.qO -hr. $ 112,50 hr. ---L50.OQhr, Foreman $ $ --112.50 hr. $ '150,00hr. Apprendce/Helper $ ---!0. hr. $ x`5.00 hr. $ --IqO.00 hr. Controls Technician $ --55--—hr. $ 127.50 hr. $ --j70-00,hr* Service Technician $ 75.0 hr. $ 112.50 hr50-00 $ hr. Hourly rat s) for various personnel, to include Regular, OvertIme and Premium. Regular Time: Monday - Friday; 7:00 a.m. to 5.00 p.m. Overtime: After 5:00 p.m. before 7:00 a.m. Monday through Sunday Premlu m Time. Holidays Lftopatir nd re ce nt pa te a i1cl L" UaICOSIPW* Percen�oge a or P' a M0 its ' ma r! 'cos'. Contra , o , Act 0 �xc x S r, I e L rg rr�� _up, L N eed 20 -a e no e ib e for , rk dost Jus _0 96 ALL PRICES F.O.B. BOYNTON BEACH THERM4L CONCEPTS, INC. lr>ARY NAM SIGNATURTff— JUL Y 27.20`1 rAT (X54�AMA40- TELEPHONE NUMBER ALLEN Ll.IRVINE FRTN—T9D N;KM— TITLE Page 244 of 675 Each Contractor bidding on work included in these General Documents shall prepare and submit the date requested In the follovAng schedule of information. & �"'' =71tE 1 f r: THERMAL CONCEPTS, INC. 2. Business r AVENUE 2 IN THIS PAGE To BE SUBMITTED ALONG WITH BID FOR Bid No. 050-2511-16/JMA PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 245 of 675 . Experience In performance, SEE Ate' � € P A ( °'�) ATTACHED Project $ Value ContactPhan ATTACHMENT A ( 1) ATTACHED TO THIS SHRET 12. ContrscUhand,. SEE ATTACHMENT A ( ATTACHED, THIS PAGE TO BE SUBMITTED ALONG WrrH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 050-2511-16/iMA in Page 246 of 675 Page 247 of 675 ACHMENT A (11) EXPERIENCE IN PERFORMANCE 6'CE�tE2f`47''td NO rt ll ftiCentm HoWl 601 S WON Avwufj $ 7, 9.00 Joie David Nlawa DSC9=8560 Mkfffl, FL 33131 u WOW CIVCWas ResWordlel 6018 Miami 14, 0,470.OD Am@&anb@/JKbrfsr1yJdnt David Fellan Fell96q.020.5550 Minimi, FL 33131 U Bwickidl Podium 801 S Miami Avenue 16,707, .00 Am&iWbWJ Fumdarty Joint LWd Falkwis 954.920.8550 Miami, FL 33131 L10 BrR*SII HeWhte 1 & 2 850 9 Miami %9%000.00 Moss 3 (AndrownSwa Deshomall 954,524,5678 M19ml, FL 33131 tJ SFRTA Pompano BeacIN 3301 NW ft Avenue S 2,338,6W.00 Guff 8u1ldIn LLC Andmw Gerahoi 954,402.0191 Pompano Sawh, FL 32004 U SFRTA Plumbing 3301 NW ft Avenue 11 838,000,00 Grad BuIldirg LLC Ari t %54A �.'w3151 Pompano Beach, FL 33084 US nt 'Allage Care Cir Reno 9216 W Browwd Blvd 0 24%6W.00 JWR Constrwilon IncN Oakman 064-480-2800 1P Ian, FL S&VA u Paradise Pk= 156 NE 42nd 2,2 7,700.00 Coastal o n'@ Egue t Gomn taiuirlhria 306.550;4900 Miami, FL 33137 Bridge - Jade, 1111 150 NE 42nd Sbeet S 397,300. 0t n- Blue L Gomn Lluedne5.559,4900 Miami, FL 33137 tt Sake BdekeN Cky Contra 31 SW 3 1,790,000.00 Son F Ma n Dm Gad 830.26Z I 108 Natal, FL 33131 Wingla Loop Twnp Clean Rom & Machin*7500 IN Sundae1 r 0 60000„100 Buillam Constudon & Devei Dan Levular 9X312.2400 Sunrke, FL 33322 lcon Las Ofte 2101 N Andrem0 6,170,000a00 Mow&AwacWw(Andr&mGuyRem 305,48MOGDO Whan Manors, FL 33311 Jede Signature16901 Collins AvenueGAK087X0 Suffdk Constwellon Co. Dan I -Inch 3DS.482.13M Sunny C FL 331 ti L TP - Trina lth Cwe 1961 W 71h Avenue 5 64,000.00 WhIfinoTumwConbidnii GOO Wilkwe770.0800 Miami, FL 53138 Magie Lamp AddWonW Duot WcA 9500 W Sundse260,000.00 Qe&nAIrT@chnabgVjn& Cawy Sell TMA58.6320 Plantation, FL 33322 Magir Leap Minusa Ducbmk 75W W Sun 1A42,000.00 Oun AlrTachnafty, Inc,Jeff VWer 734.450.5 Plantation, FL 33313 The iub 4 WSU RopIaawneft 5959 Collins 388,000.00 The n t the Bath 'Lorene Rosario 30 a. 3.3709 61i ,ni Beach, FL 33140 Rtz Cm n Ganimitor Exhaust INWWan 1 3 130,735.00 2700 Noith 0ow Condomir Board of n 1-250-27 2700 North Ocean Drive Sftw island, FL 33404 Chiller Plant 3601 SW Davle fid S 1,134,6W.00 FaRtrackhICI Jeff ftbeid MI.304.7884 ° , FL 33314 010 Magic LampTr Chillers 7500 IN Sundse Boulevard 0 690, .00 Clean Adr Technology, ln0 Jeff W@IW734.459,.6320 PIS n, FL 33322 The Bond 1090 111lokell Avenue 5 W.000-00 CYva IntweWnal Mechanic Jesata Cmuillin VAA74u3444 fiftoil, FL 33131 La Rho Condo RTU Repkwwwrit 910 Bayahare OM 0 12.1,763.00 Le RW& CmWominlum Wan Hanczek 054;401.2532 Ft Lauderdale, FL 33308 Pedlabix ng Toww Replawment 15M Canowd Twnxv 3 224,80.00 Pedlabix IW@dP.W Gmup Unda Sabaft VK384-0176 Sun FL 33323 EnWose RTU Repbmmenba 1106 Johnson Rd S 84,200.00 m Coconut Crook Curbs grow 964354XI96 Coconut CrwaK FL 35073 Page 247 of 675 WE Page 248 of 675 ink Page 249 of 675 Page 250 of 675 Page 251 of 675 am Page 252 of 675 ORIGINAL SIGNED DOCUVIENTS ATTACKED El NON -MANDATORY 1Z MANDATORY BIDTITILE: I .. - ATE: July , 2016 Steve McDanlel (Name and Title of Representative) as an authodzed representativef. THERMAL CONCEPTS, INC. (hereinafter called the i e located at f y 2209 COLLEGE1I, FLORIDA 33317 n d thati Company Address bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in data!] before submitting his bid or proposal. ul y 8 and ju: y l per ache : .g: mal DATE F INSPECTION _4M'P0A Original attached SIGNATURE FOR MANDATORY REQUIRED Page 253 of 675 0 NON -MANDATORY Z MANDATORY BID ME: HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES bidder has visited Ite of the work and has carefully examinedI I t tf ons r said project and chocked them in detail before submittingi t r proposal. Fl,All ,• t ,{' !fit 1" 37 Page 254 of 675 xl #Cv bidder has . <m¥ the site of the rk and has carefully examined the /.y» and * v+#cifi ?>2+ry Tor said project and checked them «+#G\ before submitting his bid +rproposal. ------------- ;fK4.1ESENTATIVE . . . ¥ 21SK£}626/\ Q«S 2+6±222 «±CC ?m? 2:1#. �� ... . d 37 Page 255 0 675 BID Nod 06 251 -a !°JM REFERENCES FOR TiAERMAL CONCEPIT33', INC. C? -any N Bko h C f +° Board of r Y,m'?res ii„ne s rrSo th Milii.'ary T-rall, West Palm Beach, Flllorilda 331145-3199 ------------ service Provided, �., H., Cu Preventive, +o f h,].y 'sruril fcrrex,,a tN,";e ritack Name: e 561-233-0884 Fad EM sl 561-656-7832 s �.e..IWO "#s � ., r mbe cri »r Company Name: SYSTEMS .,,».- yam. .... .�� ...... ..... ......._ ......... .......v,. p.'iS3,.. k..'..rrs8n��Y4i # ,u�x«'d,.�.3i� ::.=>i q� rr,�n,� » ., `� .,.. ,.Ej]' ✓ ;f' »,.fp ,m 7•' FORT #vY' PRE "kS..aY u6i' .m.&vs�"i:...�>3A.�.�.:.`,t.2 '..�tR�,d IDA s vZi?iice Provided: d: 'R ;1 DJAC service �R-.4.e a ' nw# , n '�.n. 6wv^w .ee 954-267-236"' 954-267-2551, onTi zany Name LUPIN H'v c ".euzn ce and wwt i ntenaf#cea C110 ritalle Brian yii McMahon 954-509-4008 954-25-5-8441 ��.e'.�'C s .. e'' 1 v_:;y �, � Q i.' `„is�,.�,t„7:., ' �,:� CATIC, I'D? iZ � enrivice M, ;i:"611"-17 COij'"T Q401 Eek, FL 333-1�`, Phone, Fax, E-Mafl; X74 -4560 303 -460 - Page 256 of 675 SCHEDULE OF SUB -CONTRACTORS 'rho Undersigned Bidder prod the fblkrMng major subcontractom for the major areas of work 'fir lie ProjecL The Bidder is further noffled that all sub.. contractors shall be Mostly Hcensed, bondatft and shall be requlmdto fumIeh the Chy with a Cerftati of Insuranes in n h the general condRiomr, 'This page mai be reproduced for Usfing additional sub -contractors, If raqvired, Signature Date: V2711 Tift/Company Regional VP'- TbatmW Concepts, Ira , THIS PAGE M BE SUSM11TED ALONG WFrH BID IN ORDER FOR MD PACKAGETO BE CONSIDERED COMPLVE AND ACCEPTABLE Page 257 of 675 "HVACCITY OF BOYNTON BEACH SERVICES" BID .. - BIDDER: THEMIJ C01 -41}E ' S IC DATE SUBMITTED: 31MIL'Y 27, 2016 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete the work specified by the Contract docume,Tts. Having examined the project sites, we propose to perform the work of this Bid according to the Contract documents and the following addenda which we have received: ADDLENDUM NO. 7,P "). fr'15 Zs AND ACCEPTAME Bid No. GSG-2511-16/JMA LEI Page 258 of 675 FOR TLAUDENT)A1,17(20a373,M FL ) I Nvvw,, Amendment OnvIs Rer,,arerv,s 4',g AMD:51596955 tr Boynton each, FL 33426 Boynton each, FL 33436 City and Town 712712016 2:30 PM Due In 15 days pv'sk""N") "'Oet"OngCsmw""� 71=016 9:00 AM Mandatory Prebld Meeting M Inutes / Attendees RFB-060-2511-16/JMA-0-2ol6limA 7/11/2016 Nvvw,, 7/11/2016 OnvIs Rer,,arerv,s 4',g AMD:51596955 Page 259 of 675 Jesse Klaaor Ther ma� Irm, FO LjVjL)ERj,)A'J-'E, FL, "Q',,' CAB) 373,N,21 Amendment PrImmy: HVAC main tenary oe, HVAC trades Also Contains: Operations and maintenance services illi;�''"CrL-�),r,¢"*'�-,-,,,,'�,"4'� ...... .. . .. Eh�',Awr; 'I'Ll J Account Techn Ws n 100 E Boynton Beach Blvd Boynton Beach, Florida 33435 EnuflL 01130111rmw IQ pa (561) 742-6322 (C"')vvnar4"� c-aws'sa" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 p: (561) 742-60,00 Jaz t Page 260 of 675 FR r' ;, THE �s i Page 261 of 675 1115-51D MWIlNG DAM '42 i -BID Y`ME- . MAINDINANCE AND MICHANIM COMMACF SIMCM WEAR."TRY— r,2,016, - !1111 lllq�llll Page 262 of 675 meffm 910 NUMBER., PRMID mm VENDORS HVAC MAINTINANCI AND MECHANICAL CONTRACr SatVICE 00-2511 -1 A/JMA FRIDAY. JULY t 2016; CONFERENCE ROOMT 1, 1,,50 A.,%L Page 263 of 675 MANDATORY PRE-BID CONFERENCE SIGN—IN SHEET VENDORS CONFININCIll ROOM os" Page 264 of 675 so AIM, Ptr . Y � { ' pis Page 265 of 675 State of FLORIDA County f B ROWAN ALLEN D. IRVINE being first duly sworn, deposes and says that, 1) He is REGIONAL VICE P ESII ENT f THERMAL CONCEPTS, W (Title) (Name of Corporation or Firm) g 'the bidder that has au r iitt d the affaiched bid° connivance5) The price or pdces quoted in the afteched bid are fair and proper and are not tainted by any collusion, conspiracy, ! the bidder agents,its ,. Subscribe nd sworn to before me 0 his day of 20 S6rd)g (Title) REGIONAL VICE PRESIDENT 7 Bid No. 050-2511-16/IMA Im Page 266 of 675 ANTI -KICKBACK r STATE OF FLORIDA MM COUNTY OF PALM BEACH ) : NF - SIGNATURE ALLEND. IRVINE Sworn ribefore me this 7,],',`H day of u -my 20 ------- .OFFICIAL L" STAMP lilJl3':'�i'S��11N Nei\`1N 1 Y3li 11! z � D. IRVINE NAM ° , INIAL BICE°REST ELRMF� Till—LE -— THERMAL CONCEPTS, INC. COMPANY HIS PAGE TBE SUBMITTED IN ORDERRID PACKAGE 6E CONSIDERED COMPLETE CCE ABLE Bid No.05D-2511-16/JMA 0 Page 267 of 675 rofyour appropriateout and indicate in the category company. Return �'is form ibid 4official.. g it part Is your company a MinorityBusiness Yep No Issuing Organization for°�I f€ Date of Certificationmm- TEAS PAGE TO BE SUBMITTED ALONE WITH PROPOSAL Bid No. 050-511-16JJ IN Page 268 of 675 CONFIRMATION DRUG-FREE : inform employees e dangers of«u abuse © he workplace, the business's of maintaining workplace, any available drug counseling, a>wd<\\\ employee assistance programs, and the penalties that may c imposed upon employees f drug abuse violations. ? Impose a sanctionthe satisfactory participationin a drug abuse assistance rehabilitation w,.» ; if such is available inte employee's community » any employee who is so convicted. Make > good faitheffort to continue to maintain : drug-free re«`<A, through implementation 2y». t e person authorized to sign the s G:£«ynt,certify that this firm complies fully with he above requiment ��.���_�. V dor$ & nature THERMAL CONCEPTS,| . TO BECONSIDERED COMPLETE AND ACCEPTABLE Bid No. 050-2511-16/JMA M Page 269 0 675 i understandsThe contractor that consequences provided by law, the failure Contractor iower tier subcontractorsfullyEtwith the Inspector General when requested rbe deemed by the municipalityto be a material1,f this contract justilying� THERMAL CONCEPTS, INC. ;'" FUCTOP. -NAME 6y _.. i.-.. LL!,0 ll IBJ Title- I ION L VICE PRESIDENT Date: JULY 27, 2016 TO BE CONSIDERED COMPLETE AND ACCEPTABLE IN Page 270 of 675 STATE F FLORIDA DEPART ENT' F BUSINESS AND PROFESSIONAL REGULA710N --CONSTRUCTION INDUSTRY LICENSING BOARD N,9CI° ddm IS WRTIFIEDI v Mde� . ip f 489 a DISPLAYAS REQUIRED BY LAW 75 Number of Machinec Wry roo-0c I 7070 0.00 10 r; Page 272 of 675 MY of Stuart Development Department � z WWI M INC LF) 7 License ExPhw-' SePtember 30, 2016 Dedr Contractor.. 7te above form is your City of StuW t r awhich iexpire f you have gmy 1, Please t Permit Tecbnician at 772-288-5326. CMYOFSTUART R-9 69w,01's 121 SW FLAMER AVENLra ItUART, FL 34-994-2139 2 02 p �u Q xxP,r a U P 11 i CITY OF FORT PIERCE, FLORIDA CERTIFICATE Op COMPETENCY AMOUNT PAID EXPIRES u 'I ls.cm DATE 112 (1 / 1 Ti a fflm� Page 274 of 675 f Stat'? +: ©aY » the d od <? this offb. that THERMAL CO .. . | further . notf |oles of Dissolution. 75 mEmmmmm -Amerloure Mutual Ins Co 2339NO Amerfeure Partners Ins Cc 11050 21105 North River Insurance Co 21105 Amertsurs, insurance Co 0 CERT THIS IS TO CERTIFY THAT THE POLIC-1 INDICATED. NOTWMHSTANDJNr� ANY D NAMED ABOVE FOR THE POLICY PERIOD V T A CE 'iL HEREIN IS SUBJECTTO ALL THE TERM% 7� T)CUMENT VMH RESPECr To WHj0J THIS CERTIFICATE WAY BE ISSUED OR, FACLUSIONS AND CONEUX11ONS OF a COMMEWMAL GENERAL LUMM D CLAIMSIMADE 11 OCCUR Contmet Umb GERL AGORWATE LMT APPUES Ma NL AW' AR�ck T P om-Y LV Loc, L omieft AUTOMORLE LIAlmWy r X MNYALne i LL, ALL (NAMED SCHEDULED AMOS UTO H AUT08 Hip X HiPMAUT06 a UT08 --x., M1,01NNED AUTOS �—,j UNBRILLALIAB [.� OWUR EXC298 LIAB M AMM o JAWDZKPL0YffWLFABUM ANY PROPMETCAMArMPa-1 A 1Equipment Floater sm X 1 0672 702 I 09104PA 15 10916412018 IN 0910M2016 OWMIs 9WLY1NJUFrF(Pwpw**n) I 90MLY RJURY (Pw mcdcwl) 8 1058829 1 OOM4120161 09,SW2010 KIAI Inummeam 104101 FAI 6 1 W011=1 7 02 1 OW04=16 I 09ffiiP-201 6 m DEOMMON OFOREMWON8 I LMAnONS I VENCR.0i '1 d, AddWonM Wmmks edwduK Way km nftgMd V UWN apce I@ MqWMCj 3 :, t of nton Beach 1,9 addiflonto al Insured with respect General 1114,10tyloquired by written cDnftcL City of Boynton Beach Public Worim Deparbnent PO Box 310 Bmton Beach, FL WA2 I SHCXJLD ANY OF THE ABOVE DESCRIB90 PCLJCIES BE CANCELLEO BEFORE THE EXPRAIMN DATE THEREOF, NOME WK1 SE DEUVERED IN ACCOPWANCE WIM T�JE POLWy pROVMMLrU AWHOPIME0 ROPRESMYTAirm 0 19882014 ACORD CORPORATION. All rights merved, The ACORD name and logo are registered marke of ACORD Page 276 of 675 Page 277 of 675 ... Expertise — Working only on all major HVAC systems, our technicians' skills knowledge and experience insures machines are set to exacting OEM standard These technicians are truly experts in this highly specialized field. 11 Thermal Concepts, Inc. prides itself in doing the job right, timely and within budgetli Providing maintenance and service for these and many more City of Palm Beach Gardens Lupin, Inc. Camillus House Citrix Systems, Inc. Barry University M Page 278 of 675 Thermal Concepts, Inc. Services Group provides the following... *RETROFITS ANALYSES,a `11t' FREON BALANCING Page 279 of 675 Total Monthly P,.p...l for Group "A" $ 12,120.00 Total Monthly P,.p...l for Group "A" $ 5,587.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A $ 16,763.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A md $ 8,162.00 H—N t� ml— R­I�,, 0-- md P—iu.. HIIIN 1-1) 11 Ili— P11,11,11, 11 1111d, Rlgulll, 01,11, I"d PIliul. P Hdid­ P—i—Ti—, Hdid­ R­—d—pl--tp--t-1 Page 280 of 675 Page 281 of 675 o ®oTOTAL MONTHLY PROPOSAL FOR GROUPS "A and 8A89.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A an $ 10,955.00 TOTAL MONTHLY PROP - Page 281 of 675 kL FOR GROUP "B" $ 4,335.00 TOTAL MONTHLY PROPOSAL FOR GROUPS "A - $ 15,49LOO Total Monthly Proposal f.,G—p'B" $ 1,035.75 TOTAL MONTHLY PROPOSAL FOR GROUPS "A -d $ 3,018.75 Page 282 of 675 V PUBLIC HEARING 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE - NO. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. EXPLANATION OF REQUEST: In accordance with state law, the City established the Community Redevelopment Agency (CRA) in 1982 and subsequently adopted the first redevelopment plan to guide development activity and public improvements within the CRA area. In part due to the size and configuration of the CRA, different plans have been approved for the CRA since its inception and most notably include the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan, the Heart of Boynton Redevelopment Plan and the Downtown Vision and Master Plan. Redevelopment planning became a priority initiative during the City/CRA's 2014/2015 Strategic Planning process. This action was based upon the realized need to update and consolidate several aging redevelopment plans. The first significant milestone was the completion of the Existing Conditions study and report in June 2015, followed by the completion of the draft Plan in August 2016. The attached 2016 Boynton Beach Community Redevelopment Plan has been prepared through a comprehensive planning process, including, seven public workshops and hearings. Workshops were held with residents, developers, business owners, and land owners. The feedback collected has been compiled and summarized in the Plan. The main objective of this planning effort was to unify the entire CRA under one "consolidated" and cohesive redevelopment plan that provides a clear and consistent vision. The Plan is to provide predictability to support investment and private development initiatives. Included in the Plan is an executive summary, explanation of the public involvement process, key considerations and strategies, the role and importance of connectivity throughout the CRA, six new planning "Districts" that will brand and enhance the character of the CRA, and the implementation actions, projects, and programs. In addition to the new planning districts, other noteworthy outcomes include the following: Changes to the Future Land Use and Zoning structures intended to fill gaps in the current system, providing a transition in land use densities and intensities, and support the establishment of activity nodes outside of the downtown core; • Application of the Complete Streets design principles to the main thoroughfares in the CRA; and • Establishment of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA. Also receiving particular attention in the Plan is the continued preservation of single-family neighborhoods throughout the entire CRA as well as, the future commuter train station for the F.E.C. Railroad and the necessary intensity needed to support the station, and the unique characteristics of each of the new Districts and their role within the redevelopment vision for the CRA. Page 283 of 675 The CRA Board unanimously approved the Plan on August 9th, 2016 subject to four modifications to the proposed land use recommendations summarized below: • Change parcels from NE 1st Avenue to Ocean Ave (between NE 3rd St. and the FEC RR.) from Mixed Use Medium to Mixed Use High to provide uniform land use and zoning that would coincide with the boundaries of land assemblage and planned development adjacent to the future train station; • Expansion of the recommended boundaries for the Ocean Avenue Overlay to include the entire Cultural District to ensure application of compatibility standards to the single-family neighborhood located south of Ocean Avenue; Change parcels on Martin Luther King Jr. Blvd., between the two commercial nodes at Seacrest Boulevard and the F.E.C. Railroad tracks, from High Density Residential to Mixed Use Low. This change is intended to accommodate greater residential density within this area which supports the abutting commercial nodes and allow flexibility and opportunity for local commercial within a mixed use setting.; and • The addition of a recommendation to review the feasibility of converting a portion of Sara Sims Park along the western boundary from Recreational Land Use to Single Family. If approved, the above-described modifications will be incorporated into the Plan after first reading. The adoption of the Plan is only the first step toward realizing a new vision for the CRA. The implementation phase of this project will soon begin, and include the amendment of the City's Comprehensive Plan and evaluation of the Land Development Regulations. The Comprehensive Plan must be amended to reference and support the new Plan as well as establish the new land use classifications, and the LDR will be audited for necessary amendments to implement, in part, recommendations related to urban design, the new overlay districts and zoning regulations, development incentives and height standards. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Plan approval will lead to updating of the CRA's initiatives and programs to support Plan implementation. FISCAL IMPACT: Non -budgeted The fiscal or economic benefit will be realized directly and indirectly over the mid- or long-term period as a result of public investment and private development that is guided or accommodated by recommendations from the Plan. ALTERNATIVES: None recommended STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: This item represents the completion of Action Items 2.1 (CRA) and 2.3 (City) of the 2014/15 Strategic Plan under the group heading "Energetic Downtown". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 284 of 675 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Reviewer Community Redevelopment Pyle, Judith Agency 8/24/2016 - 1:25 PKA Planning & Zoning Rumpf, Michael Planning & Zoning Rumpf, Michael Development Mack, Andrew Utilities Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Ordinance approving the consolidated and updated Boynton Beach Community Redevelopment Plan 2016 Boynton Beach Community Redevelopment Plan E)dsting Conditions Analysis Action Date Approved 8/12/2016 - 2:13 PKA Approved 8/24/2016 - 1:25 PKA Approved 8/24/2016 - 2:19 PKA Approved 8/26/2016 - 4:22 PKA Approved 8/31/2016 - 10:05 AM Approved 8/31/2016 - 10:08 AM Approved 8/31/2016 - 3:31 PKA Approved 9/2/2016 - 8:22 AM Page 285 of 675 I ORDINANCE 16- 2 3 A ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AND ADOPTING THE 5 CONSOLIDATED AND UPDATED BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 8 9 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a 10 Community Redevelopment Plan; and 11 WHEREAS, during the City/CRA's 2014/2015 Strategic Planning process, the 12 redevelopment planning became a priority initiative; and 13 WHEREAS, the main objective is to unify the entire CRA under one "consolidated" 14 redevelopment plan that provides a clear and consistent vision; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida finds that 16 the consolidated and updated Boynton Beach Community Redevelopment Plan further 17 advances the intent, purpose, and goals of the Community Redevelopment Agency as 18 contemplated by the Community Redevelopment Act of 1969. 19 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 20 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 21 Section 1. Each "Whereas" clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach Florida approves 24 and adopts the consolidated and updated Boynton Beach Community Redevelopment Plan, a 25 copy of which is attached hereto and made a part hereof as Exhibit "A". 26 Section 3. Each and every other provision of the Code of Ordinances not herein 27 specifically amended shall remain in full force and effect as previously enacted. Page 286 of 675 28 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 29 same are hereby repealed. 30 Section 5. Should any section or provision of this ordinance or portion hereof, any 31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 32 such decision shall not affect the remainder of this ordinance. 33 Section 6. This ordinance shall become effective immediately upon its passage 34 and adoption. 35 FIRST READING this day of , 2016. 36 37 SECOND, FINAL READING AND PASSAGE this day of 38 , 2016. 39 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor — Steven B. Grant 45 46 Vice Mayor — Mack McCray 47 48 Commissioner — Justin Katz 49 50 Commissioner — Christina L. Romelus 51 52 Commissioner — Joe Casello 53 54 55 VOTE 56 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 Interim City Clerk 63 64 65 66 (Corporate Seal) Page 287 of 675 Page 289 of 675 Boynton Beach Community Redevelopment Plan CITY COMMISSION Steven Grant, Mayor Mack cray, Vice Mayor Justin Katz, Commissioner Joseph Casello, Commissioner Christina Romelus, Commissioner CRA ADVISORY BOARD Linda Cross, Chair Robert Pollock, Vice Chair Paula Melley, Board Member Rick Maharajh, Board Member James DeVoursney, Board Member Thomas Murphy, Jr., Board Member Allan Hendricks, Board Member CRA BOARD Steven Grant, Chair Mack Mcray, Vice Chair Justin Katz, Board Member Joseph Casello, Board Member Christina Romelus, Board Member Lori LaVerriere, City Manager Vivian Brooks, Executive Director Michael Simon, Assistant Director Andrew Mack, Development Director Michael Rumpf, Planning and Zoning Director Amanda Bassiely, Senior Planner/Urban Designer Hanna Matras, Senior Planner Adoption Date: September 20., 2016 Page 290 of 675 Executive Summary The City of Boynton Beach created the Boynton Beach Community Redevelopment Area and Agency in 1982 as a tool for the redevelopment of the downtown area. Through several expansions, the area has grown to its current size of 1,650 acres. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire CRA area. In August 2014, the City Commission and CRA Board held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic environment, the objectives, as well as the achievements of the previous efforts. There has been a consensus that, in spite of these significant achievements, the vision of a vibrant downtown with revitalized corridors has yet to be realized. The first phase of the consolidation—the analysis of the current conditions—confirmed this assessment and provided a base for the Plan's recommendations. The overarching goal of creating this comprehensive CRA Plan is to provide a clear and consistent vision for the CRA District and therefore predictability for new development and investment in the area. It effectively and clearly communicates the direction of the Community Redevelopment Agency and key redevelopment opportunities. It also covers areas of the CRA District that have not, in the past, had formally adopted plans. KEY FINDINGS OF THE EXISTING CONDITION ANALYSIS The Existing Condition Report and the related research yielded the following findings: Population: • A significant population growth is projected for the area by 2035: the current population of 12,000 is projected to grow by 52%, to about 18,200; • There is a significant racial and ethnic diversity: the area's profile shows approximately 52% Whites, 42% Blacks/African Americans and 12% Hispanics; • There is a high share of the elderly: nearly one- fifth of all residents are 65 or older; • • The level of education is generally low: in most areas, less than 20% of population has a Bachelors' degree; • Median household income is low: below $33,000 in much of the area, as compared to about $44,000 for the City as a whole and $52,000 for the Palm Beach County. Housing: • Housing stock is old: some 60% of homes were built prior to 1971. • Median values of homes in all categories are low: 78% of single-family homes and condominiums and 48% of townhomes have a taxable value below $100 K. • Housing ownership is low: at 56.1 %, compared to 64% for the City as a whole and 70% for the Plam Beach County. • Some 17% of homes are used only for seasonal, recreational or occasional purposes. 4 Page 291 of 675 KEY RECOMMENDATIONS The CRA Plan is organized into six districts, identified according to their character, history, location and land use make-up: the Industrial Craft District, the Heart of Boynton District, the Cultural District, the Boynton Beach Boulevard District, the Downtown District and the Federal Highway District. Each district plan reflects a unique vision based on its role in the CRA. Achieving the vision and ultimate role of each district is facilitated by both general and specific recommendations involving topics ranging from the structure of the City's Future Land Use Classifications to the undergrounding of public utilities. Below are the three key recommendations that will have the greatest benefit to the redevelopment of the CRA. to accommodate all components of a complete street including vehicle travel lanes at appropriate widths for the downtown, parking, bike lanes, the "pedestrian zone" and beautification. Urban Design Guidelines The Plan recommends adoption of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA. MOVING FORWARD Change in the Future Land Use Structure of the The 2016 Boynton Beach Community Redevelopment Comprehensive Plan Plan will guide the community through the The Plan proposes changes to the existing future land use (FLU) and zoning structures as currently depicted on the City's Official Future Land Use and Zoning Maps. For example, the Mixed Use Core future land use classification currently allows a maximum density of 80 dus/acre, and the Mixed Use classification allows a maximum density of 40 dus/acre. The Plan proposes to establish a third mixed-use classification to fill this intensity gap. This action will facilitate a more appropriate transition in land use densities and intensities characteristic of the newly recognized Districts, and allow the establishment of secondary activity centers called nodes, to support redevelopment of Town Square, property at the future rail station and at Woolbright Road and Federal Highway. Application of the Complete Streets design principles The Plan proposes the redesign of most major streets within the CRA according to the Complete Streets design principles in order to implement the connectivity and walkability objectives of the Plan. Achieving this objective is critical to the Plan's success which depends on the interconnection of planning districts in a CRA that occupies over 1,600 acres consisting of all types of land uses and varying land use densities and intensities. By building complete streets throughout the CRA, the ideal circulation system will be established to accommodate residents, workers, commuters and visitors traveling within the downtown. These principles will be applied to both public improvements as well as private development to ensure that adequate space is secured redevelopment of the CRA District for another twenty years. The Plan will be relied upon by staff and elected officials to guide policy recommendations and decisions regarding private development, public improvements and in formulating the annual CRA budget. 5 Page 292 of 67 Page 293 of 675 ---------------------------------------------------------------------- Updating the Vision 11 Public Participation Process 15 Planning Considerations and Strategies 17 Organization of the Plan 20 B. VISION & GOALS_______________________________________________________________________. Mission Statement 2 The Vision 25 Goals and Principles 26 ---------------------------------------------------------------------- Connectivity Plan 31 Land Use & Zoning 41 DD I ST R Boynton Beach Boulevard District 47 Cultural District 59 Downtown District 69 Federal Highway District 81 Heart of Boynton District 93 Industrial Craft District 105 E. IMPLEMENTATION GUIDE ---------------------------------------------------------„111 Introduction 112 Planning & Policy 112 Development Projects 113 Initiatives & Programs 113 APPENDIX --------------------------------------------------------------------------. 11 Appendix 1: Existing Future Land Use Map 116 Appendix 2: Recommended Future Land Use Map 118 Appendix 3: Recommended Connectivity Map 120 Appendix : Workshop Polling Results 122 Appendix 5: Exisiting Conditions Analysis 126 Page 294 of 67 Page 297 of 675 The Boynton Beach Community Redevelopment Area and Community Redevelopment Agency (both commonly referred to as the "CRA") were established in 1982, and the area was incrementally expanded over a 16 -year period to ultimately envelop approximately 1,650 acres (see location map on opposite page). With the incremental establishment of the CRA came the incremental preparation of redevelopment plans required to guide private development and support the funding and construction of public infrastructure improvements. Chapter 163 Part III of the Florida Statute enables local governments to designate parts of their jurisdictions as Community Redevelopment Areas after a determination that "slum and blight" criteria have been met. Examples of conditions that can support the designation include, but are not limited to, the presence of substandard or inadequate structures, a shortage of affordable housing, inadequate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity confirms the existence of such conditions, the local government may create a Community Redevelopment Area where the tools would be applied intended to foster and support redevelopment. Pursuant to state law, the City of Boynton Beach approved Resolution 81 -SS and therefore established the Community Redevelopment Agency to administer its programs and activities, and subsequently, through Resolution 82 -KK declared the downtown area to be "blighted" and created the Community Redevelopment Area. The boundaries of the originally -designated area, generally encompassing the Central Business District zoning district within the original downtown, were expanded in October of 1982, by Resolution 82 -BBB. As per state requirement, the first redevelopment plan for "Downtown Boynton Beach" was adopted in 1984 by Ordinance 84-32. Three more expansions were made to the CRA between 1984 and 1998, beginning with a small extension of the boundary in April of 1984 by approval of Resolution 84-11. More sizeable expansions of the CRA followed in 1987 and 1998. By Resolution No. 87-QQQ, the 1987 expansion included a 518 -acre area bounded by the Boynton (C-16) Canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west. The Plan for this area was adopted in December of 1989 by Ordinance 89-49. This area subsequently became referred to as the "Heart of Boynton". The 1998, and last expansion was approved by Ordinance 98-33 and extended the CRA area along Federal Highway (east of the FEC Railroad corridor) to both the north and south city limits. This expansion also included the industrial area located on the northwest corner of Boynton Beach Boulevard and Interstate 95. These expansions were recommended by the "Boynton Beach 20/20 Redevelopment Master Plan." This plan was completed in 1998 as a product of an American Assembly forum held to "chart a positive course for the City". The scope of the plan included the entire area east of 1-95; however, it emphasized the CRA, recognized the existing CRA plans, and recommended the expansion of the CRA to include the industrial area west of 1-95, the Federal Highway corridor, and that portion of the municipal campus located south of Ocean Avenue. Subsequent to 1998, the land area of the CRA has only been increased as a result of the City annexing unincorporated parcels and enclaves located at the south end of Federal Highway. Page 298 of 67 Existing Redevelopment Plans There are currently four adopted plans guiding redevelopment within the CRAand a draft plan for the Boynton Beach Boulevard corridor. The adopted plans include the Heart of Boynton Community Redevelopment Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Downtown Vision and Master Plan. The original downtown area that was evaluated in the 1984 Plan was first revisited in 1998 as part of the Visions 20/20 Master Plan and again by the Downtown Master Plan in 2009. Below is a brief overview of each plan. • I...... ty,u� -"',D'on 1x`11, was adopted in 2001, and represented the first update of the original 1989 Plan. The 2001 Plan was prepared by a consultant team and involved extensive public participation, including five charrettes. In June of 2014 a City-CRAstaff team completed an update of this Plan which was adopted by Ordinance 14-008. The staff team held a meeting with community stakeholders to obtain input on proposed redevelopment options. The plan included eleven recommendations, and emphasized the preservation of residential neighborhoods west of Seacrest Boulevard, and an increase in the intensity of development in selected areas east of Seacrest Boulevard. Recommendations relative to building form and design were minimal with attention limited to traditional design for commercial structures, and the architectural style adopted by the stakeholders, "Floribbean", to recognize the historic style present in the area as well as the increase in Caribbean residents. • -------------------- ��e21 Federal ,���� ��, ,� , � � ���o �>�;���a�irnu � �,������� e�..�. t gn Iji,�,, , Plan was the first version of a Plan completed for a portion of the1998 expansion to the CRA. This Plan was also originally prepared by a consultant, and was updated in June 2006 with a Plan completed by City staff. The plan divides the corridor into five planning areas and provides land use recommendations and strategies for each. The update made few changes to the original recommendations. Additionally, the original plan included market analyses supporting a convention hotel and additional retail and office space in the downtown area; however, the update did not readdress these topics to confirm feasibility. Although the current plan does not include an urban design and architecture section, the general recommendations call for the creation of development standards and design guidelines for bulk and building massing as well as for architectural themes. It should be noted that the plan generated the recommendations for mixed use zoning for redevelopment purposes, which culminated in the codification of the four mixed use zoning districts that are in effect today. • The Ocean DistHct Commuriftv Redevelopment Plain was created in-house by an urban designer -led planning team and adopted in February 2004. The plan features two alternative redevelopment scenarios for the District with corresponding detailed design recommendations. The plan's main focus is the City -owned land which represents 40% of the Ocean District's total area. This area is referred to as "Town Square". The plan also includes design concepts for the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as the area adjacent to the FEC Railroad tracks and the single- and multi -family neighborhoods situated north and south of Ocean Avenue. The planning process included two in-house workshops and two publicworkshops forcommunity stakeholders. Aside from the alternative designs, the plan includes four broad recommendations suggesting changes in land development regulations emphasizing signage, building design, and street furniture. • aadopted in January 2009, included in its scope the original CRA as studied under the 1984 Plan. The planning process, led by a team of consultants, City and CRA staff, involved stakeholders and City residents and a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district, cultural and civic campuses anchored by government offices and services, neighborhood centers along Martin Luther King, Jr. Boulevard and the Federal Highway gateway and linear park. The Plan emphasized urban design, but also considered regulatory assessment and economic and market factors. Page 299 of 675 The Boynton Beach Boulevard Corridor Redevelopment Plan was drafted by a consultant team in 2004. Until 2004, the corridor only received attention as a subordinate part of the plan for the large 1987 CRA expansion, which understandably placed most emphasis on the extensive residential neighborhoods of this area, and the historic commercial corridor of Martin Luther King Jr. Boulevard. However, the draft plan closely examined existing land use patterns, development constraints of the corridor, recommended zoning, and urban design recommendations for optimal streetscape and residential compatibility. Redevelopment efforts have also been guided by three additional documents: the Urban Design Guidelines manual, adopted by the CRA Board in 2006, the 2005 Boynton Beach Community Redevelopment Agency Economic Development Plan and the 2006 CRA Housing Needs Assessment. The CRAplanning efforts have achieved notable improvements over the past 30 years. However, the outdated status of the redevelopment plans, and the incremental methodology that was used in the individual updates, reinforces the need for the Plans' consolidation and comprehensive revision. The previous approach, applied to consecutive expansions of the CRA, is being replaced with a methodology that facilitates the evaluation of the CRA as a whole. The new, comprehensive approach will use consistent framework, emphasizing interconnectivity and the relationship to focal points and nodes throughout the CRA. It will be based on common land use characteristics and unique attributes, tailoring land use intensities and densities accordingly. This effort is intended to represent the vision for the entire area through a user-friendly plan, effectively and clearly communicating the direction of the Community Redevelopment Agency and key redevelopment opportunities. 13 Page 300 of 67 Page 301 of 675 In October of 2015, the effort to consolidate and update the existing Community Redevelopment Agency Plans commenced with a single draft land use plan ready to be presented to the public for input, questions and comments. Since November of 2015, CRA and City staff held four (4) public workshops, of which the first three were targeted the general public; the forth one, while open to the public at large, was specifically tailored for the audience of stakeholders, including developers, real estate professionals and business leaders. While Workshop #1, held on November 7th, 2015, covered only two CRA districts (Cultural and Industrial) out of the six identified within the consolidated plan, the remaining three, held in 2016 on March 3rd, June 11th, and June 21st, presented an overview of all districts. The proposed consolidated plan was also presented to the CRA Advisory Board on July 7th, and to the CRA Board on July 12th and July 21st. During the workshops, "clicker" polling was used to provide instant feedback on a variety of questions. The participants were asked to respond to the proposed land use and zoning structure changes, connectivity and streetscape improvements, and scale and type of redevelopment. For further detailed polling results, see Appendix X. The following is a record of attendees and their affiliations with the City. • WORKSHOP #1: Attendance: 6 (polling of audience was not part of workshop itinerary) • WORKSHOP #2: Attendance: 45, of which Live in City: 58%; Work in City: 8%; Work and Live in City: 21% • WORKSHOP #3: Attendance: 115, of which Live in City: 56%; Work in City: 23%; Work and Live in City: 17% • WORKSHOP #4: Attendance: 40, of which 38% Live or Work in City; 31% identify themselves as developers; 10% as planners or architects; 10% represent financial institutions; the remaining 21 % are on the "other" category. The proposed consolidated plan was also presented to the CRAAdvisory Board on July 7th, July 21st, August 4th, and to CRA Board on July 12th and August 9th. is Page 302 of 67 Page 303 of 675 The process used for the preparation of this Plan considered The Analysis of Existing Conditions (see Appendix No. 5), public input, existing redevelopment plans for the CRA, and growth characteristics. It also considered physical, market, and policy -related factors that have affected (or will affect) land use patterns and development characteristics, and land availability and real estate costs. A brief description of those factors, as well as corresponding strategies, is described below. The principal physical factors affecting historical development patterns or limitations have been identified and include the linear configuration of the CRA; the emphasis on the automobile as indicated by the existence and capacity of two intersecting state roadways; confining and bifurcating boundaries to downtown growth including the F.E.C. Railroad right-of-way, the Intracoastal Waterway; and large tracts of land occupied by mangroves. Boynton Beach originally had only a small downtown represented by low -intensity, minimal commercial land uses, constricted by abutting single-family neighborhoods, railroad right-of-way and heavy commercial uses. Additionally, the early demographics and historical role of the City in the region was a factor of it being predominantly a bedroom community for the working class and particularly those workers who built the early estates and hotels on the barrier island. Acommunity of this nature did not support or warrant the development of a prominent commercial center and, particularly, the establishment of a notable main street necessary to support the natural evolution and growth or redevelopment of a downtown challenged to survive during periods of recession and suburban flight. Without a substantial and notable built environment, the downtown lacked influential elements to anchor and guide future expansions. Just beyond the immediate downtown area, as documented by The Federal Highway Corridor Community Redevelopment Plan, the impact of traffic characteristics of Federal Highway and shallow lot configuration has supported marginal commercial development including small "mom and pop" hotels. Particularly in the north end of the corridor, there has been a predominance of service businesses including automobile sales and repair, a car wash, and truck and trailer rental. Until recently, theAmerigas' propane gas distribution facility was located in the downtown. Two policy related factors considered while evaluating development opportunities and challenges in the downtown are the planned return of commuter rail service to the F.E.C. Railroad right-of-way and the approval by the County of the Transportation Concurrency Exception Area (TCEA) for a portion of the CRA. The future Tri -Rail "Coastal Link" train system is planned to begin operating on the F.E.C. Railroad with passenger rail service between Miami and West Palm Beach. This program has the potential for significant benefits for Boynton Beach as it provides convenient access to the tri -county area through the coastal communities. Boynton Beach can offer the region anotheroption forwaterfront living -with marina facilities and oceanfront recreation amenities - in a small-scale environment without the congestion that Page 304 of 67 is characteristic of Dade County, Ft. Lauderdale and West Palm Beach. A significant portion of the CRA is under the Transportation Concurrency Exception Area (TCEA) designation. While the establishment of a TCEA exempts projects within the delineated area from the requirement of meeting the County traffic concurrency requirements, it also sets limits on the amount of development that will be allowed. In addition, there are requirements for periodic monitoring and specific actions to correct any negative effects the TCEA designation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. The designation overlays the Coastal Residential Exception area, which exempts all residential development east of I-95 from traffic concurrency. The TCEA policies, as incorporated into the City's and Palm Beach County's Comprehensive Plans, set up 2025 development caps for a number of residential units as well as non-residential square footage. The maximum number of residential units was set at 8,050 units. As of the end of March, 2013, the number of units within TCEA was 4,225. The 2004 TCEA Justification Report provided the analysis of the development impacts on roadway links and intersections. Moreover, the Transportation Element's Policy 2.1.6 states that "any project utilizing the TCEA and significantly impacting the Florida Interstate Highway System (FIRS) shall be required to address these impacts as required by Palm Beach County." Pursuant to Comprehensive Plan policies, the City will monitor the number of approved dwelling units and comply with all the TCEA caps. Consequently, the CRA Plan must consider the proper allocation of land uses and densities to maintain the development allowance under the TCEA. Various factors related to consumer behavior must be considered and strategized to maximize the successful implementation of this Plan, including the establishment of appropriate and effective Land Development Regulations. The commercial core located along the Congress Avenue corridor consists of a significant number of retail and restaurant uses and is anchored by a long- standing urban shopping mall and multi -screen movie complex. This area of Boynton Beach is the resource for most consumer shopping needs of locals as well as unincorporated residents and residents in nearby communities. The strongest business market is food service with extensive selection of restaurants, but also includes clothing, groceries, electronics, appliances, and sporting goods. With another one currently under construction, there will soon be 4 hotels either along or in close proximity to Congress Avenue. The vision and strategy for the Redevelopment Plan must acknowledge the value of, but not attempt to compete with the commercial resource along Congress Avenue. The chief market factor is an ongoing shift of purchase from brick -and -mortar stores to the internet, which means a change in demand for retail space. Many of the retail players, including the brands traditionally established on Main Street, are facing increasing online competition and are being forced to downsize their footprints. At the same time, many are strengthening their internet capability, changing location and making adjustments to their inventory. These changing consumer demand patters must be considered when creating a vision for accommodating retail businesses in the downtown. Forcing excessive commercial space and/or forcing commercial space in the wrong locations can have a negative effect on the successful redevelopment of downtown. The target strategies must address the limited supply of developable land, relatively high land costs, pedestrian - unfriendly corridors, potentially incompatible land uses, the lack of available quality space for retail and office uses necessary to support the establishment of a vibrant downtown and insufficient densities to support mass transit. Therefore, specific strategies to guide the development of this Plan include the following: • Establish districts with common characteristics to promote identity and the creation of a sense of place; • Identify potential activity centers (or "nodes"), and support appropriate densities and intensities of development including the necessary height provisions and incentives applicable to areas both Page 305 of 675 inside and outside the TCEA in order to offset the lack of easily available land and high land costs in the immediate downtown area. • Establish a retail land use base through the appropriate and limited concentration of such uses through the strategic allocation of mixed-use zoning districts and applicable regulations. • Implement a complete street program to shift from an automobile -oriented environment to a multimodal the network. • Continue conversion of the downtown to a more livable place through greenways and ecotrails, and optimal buffering of residential areas from commercial redevelopment. • Implement Zoning and Land Development Regulations that capitalize on the planned operation of passenger rail service along the F.E.C. Railroad right-of-way including expansion of development incentives within the Downtown Transit Oriented Development District. • Accentuate the valuable and unique resources along the eastern fringe of the City to create a complimentary environment that is inviting to both residents and visitors. Reduce dependence on the automobile by accommodating basic goods and services, providing walkable streets and neighborhoods, and achieving efficient interconnectivity between the waterfront, activity nodes, and other places of interest. 19 Page 306 of 67 The Plan's roadmap for implementing these strategies and meeting the challenges described above is set up in four sections: Vision and Goals, Frameworks, District Plans, and Implementation Guide. The Framework section of the Plan is further Six individual districts were identified based, in part, divided into two parts, Connectivity and Structure on their character, history, location, land use make-up. of Future Land Use and Zoning. These include: Connectivity. This section presents a Boynton Beach Boulevard District, located along comprehensive system of "complete streets" Boynton Beach Boulevard from 1-95 to the FEC and other pathways that will unify the CRA area, railroad tracks, bordered by West Ocean Avenue improve multi -modal transportation, and support and NE 1st Avenue on its south side and NW/NE intensification of development. 3rd Avenue on its north; A "complete street", one of the main concepts driving the connectivity system, is a street designed to safely and efficiently accommodate access and travel for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. In addition to complete streets, the Plan's recommended connectivity system covers greenways, ecotrails and parks, and bicycle facilities. For each, there is a general description, a list of benefits they offer, and an explanation of where they are being proposed. The transit considerations emphasize the future commuter service on the FEC tracks and redevelopment within the Downtown Transit Oriented Development District. Structure of future land use and zonina. This section describes significant recommended adjustments to both Future Land Use (FLU) classifications and the corresponding zoning districts for residential and mixed uses. These amendments are specifically tailored to address the land use recommendations and target zoning districts for each of the six proposed CRA districts. • Cultural District, located along the Ocean Avenue Promenade from the FEC tracks west to S. Seacrest Boulevard, bordered by NE 1st Avenue to the north and SE 2nd Avenue to the south; • Downtown District, generally located between NE 7th Avenue on the north, SE 12th Avenue on the south, the FEC tracks on the west; and the slightly jagged eastern boundary includes the Intracoastal Waterway and S. Federal Highway connected roughly in the center by Ocean Avenue, SE 6th Street, and SE 2nd Avenue; • Federal Highway Corridor District (North and South), located along the corridor, with the Downtown District as a divider, they extend to the northernmost and southernmost sections of the CRA area. The south district contains two county - owned enclaves; • Heart of Boynton District, located north of the Boynton Beach Boulevard District, between the FEC tracks and Interstate 95, with the C. Stanley Weaver (C-16) Canal as its northern border; and • Industrial Crafts District, located west of 1-95, extending from West Boynton Beach Boulevard north to the C. Stanley Weaver Canal. 20 Page 307 of 675 The six self-contained plans created for the districts have uniform format. After the introductory section, which includes the progress update (i.e. recent redevelopment projects and infrastructure upgrades), the plan proceeds to present the recommended streetscape improvements and land use changes (no land use or zoning changes are envisioned for the Industrial Crafts District), aswell as infill and development/ redevelopment opportunities. Each plan closes with a description of any applicable, recommended design guidelines. The Implementation Guide is divided into three sections: Planning & Policy, Development & Capital Projects, and Initiatives & Programs. The first section, Planning & Policy, is focused on regulatory matters (e.g. incentives, fees and permitting), the audit of the Land Development Regulations (LDR) and corresponding amendments to the LDR. Next, the Development & Capital Projects section emphasizes site- specific land assembly and streetscape improvements. Lastly, the Initiatives & Programs section involves marketing, branding and signage as well as programmed events and promotions. IFigure X: CRA Districts 0Boynton Beach Boulevard District OCultural District ODowntown District @Federal Highway District @Heart of Boynton District ©Industrial Craft District Ir a 'a� 21 Page 308 of 67 The mission of the Boynton Beach Community Redevelopment Agency (CRA) is to guide and stimulate redevelopment activities, support affordable housing, foster a stronger economy through small business funding programs and provide free special events that contribute to enhanced quality of life for all residents. 24 Page 311 of 675 The Vision of the Boynton Beach CRA Redevelopment Plan is to create a thriving city with a vibrant downtown and distinct districts. The vision includes unifying, connecting, and investing in sustainable, diverse neighborhoods that support strong local economy and enhance the quality of life for residents. 2 Page 312 of 67 The CRA has identified a set of Goals which serve as the Planning Principles: Create a unique identity for the Districts drawing on elements such as its historic commercial marine industries, recreational amenities and cultural and public arts through special events, programs, projects and marketing. • Create a balance of sustainable and functional land uses for each District as a base for District plans. • Protect and enhance existing single-family neighborhoods. • Encourage the expansion of existing businesses and seek to attract new ones through the use of incentives and technical assistance. • Develop a coordinated signage program, including welcome signage, way -finding signage and street banners, that will identify and and promote each District. • Program and promote special events through available financial, staffing, marketing or other mechanisms. • Create a comfortable, walkable and safe pedestrian -scale environment connecting residents and visitors to the commercial, social/cultural and recreational areas within each District. regulations that support a diversity of mixed uses in the downtown area and adjacent planning areas including but not limited to residential, destination commercial, retail, restaurants, hotels, office, civic and recreational uses. Develop policies and strategies for providing adequate public parking areas within each District to support commercial and residential redevelopment such as but not limited to financial incentives, land acquisition and construction. Create/encourage/support land development regulations that provide alternatives to parking requirements. • Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities. Create programs, projects and funding which supports existing and new commercial development and act as a catalyst to leverage additional investment by private sector enterprise such as, but not limited to, economic incentives for rehabilitation or construction activities, development costs or infrastructure improvements. • Provide programs that market and promote the businesses, activities, special events, development and redevelopment opportunities and projects within each District. • Pursue development and redevelopment projects, • Create zoning and land use development actively engage in land acquisition and disposal, 26 Page 313 of 675 environmental and economic viability studies, building demolition and construction, site and infrastructure improvements, and project design and construction. • Create, improve and promote the public waterfront areas and public open spaces, parks, greenways, blueways and bikeways. Encourage and incentivize the improvement, development and implementation of streetscape enhancements within the Districts, including landscaping, street furniture and hardscape features, signage, pedestrian safety and walkability/connectivity, crosswalk treatments and lighting elements. • Encourage the preservation of existing affordable housing and the development of new affordable housing by providing technical assistance, incentives and land. Encourage the preservation of the commercial and recreational marine industries operating within the CRA, such as, but not limited to, the Boynton Harbor Marina District, by financial investment, physical improvements, special events, marketing and promotional activities. Encourage the preservation of the existing public waterfront access areas and—wherever feasible— provide for the addition of new public waterfront access through acquisition, easements or other means available to the Agency. Encourage and initiate various innovative community policing techniques and programs, code enforcement, "clean and safe" programs and policies, and other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas. Page 314 of 67 30 Page 317 of 675 The CRA is directly accessed by Interstate 95 via Boynton Beach Boulevard and a US -1 (a.k.a. Federal Highway). Being dissected by these two State roads, and situated generally between a major freeway and popular marina and oceanfront recreation amenities, the downtown has considerable exposure from local and regional traffic. However, the historic emphasis on accommodating the automobile prevails today, as well as the environment commonly associated with road rights-of-way devoted to wide travel lanes, extensive center turn lanes, minimal sidewalk widths, landscaping, and a deficient and segmented bikeway system. Using the Complete Streets design concept as a guide, this Plan will support existing efforts to promote alternative modes of travel within the downtown area, as well as fill voids in the system which, in part, may be the result of the previous incremental redevelopment efforts. What have been individual plans and unrelated planning areas throughout the CRA, will become one document unified with a mobility plan comprised of Complete Streets and a planned -out bicycle and pedestrian network. This plan will ensure optimal linkages for residents, employees and visitors, to existing and future activity nodes consisting of the train station and transit area, business and shopping centers, event venues, and recreation amenities interspersed throughout the area. The "Complete Streets" program originated from The National Complete Streets Coalition, a program of Smart Growth America, during a collaborative effort in 2003 to expand a transportation planning initiative beyond bicycle integration. The non-profit alliance of public interest organizations and transportation professionals started this official nationwide movement to integrate people and place in the planning, design, construction, operation, and maintenance of transportation networks. The program promotes policies for various agencies that are responsible for the transportation planning to ensure that streets are routinely designed and operated to enable safe access for all users, regardless of age, ability, or mode of transportation. This means that every transportation project will contribute toward making a city a better place to live. The Complete Streets initiative for the downtown area is a critical component of the plan that connects a large and linear CRA, involves greater emphasis on densities, intensities, and land uses that support mass 31 Page 318 of 67 transit and, in particular, the commuter rail service - on the F.E.0 Railroad. To encourage people to get out of their vehicles and use alternative modes of travel such as walking, biking, and transit, there must be safe and esthetic routes. The following streets represent the principal elements of the roadway network within the CRA and are therefore recommended to ultimately be designed as Complete Streets: g Boynton Beach Boulevard consists of maximized vehicle travel lane widths, minimal bike lane width, narrow sidewalks, minimal separation between the travel lanes and the pedestrian way, and frequent intersections and driveway openings without design and markings for pedestrian safety. This road is the main entrance into the downtown area connecting the CRA to the greater region and the western communities. As indicated above, it is the link for local and regional patrons to ocean amenities whether for active recreation and sport such as fishing, diving and snorkeling, or for passive use of the miles of beachfront parks. Furthermore, the vision for the corridor includes greater retail intensity combined with residential land uses in low-rise mixed-use developments. Traffic speeds should be calmed, and pedestrians better accommodated. Wide sidewalks and greater separation from the vehicle travel lanes should be a priority. Separation can be accomplished by landscaping, on -street parking and wider bike lanes along this roadway. Plant selection and landscaping design should emphasize canopy trees where feasible to maximize shading for the pedestrian. Also, the ultimate redesign of this road should include one of more cross -walks to facilitate safe north -south movement west and east of Seacrest Boulevard. To achieve the ideal complete street, dedication of private property may be necessary, which would be timed with private redevelopment projects. Feder°al Highwayis the main north -south entry into the CRA, providing access to the downtown and future passenger rail station. Although it is unlikely that the entire length would be traversed on foot on a regular basis, it is a rather short distance to bike. Federal Highway currently has three different retail hubs, and waterfront parks that should be easily accessible by the pedestrian and bicyclist originating from eitherthe east orwest sides of Federal Highway. Federal Highway is also one of the main bus routes in the County, with numerous bus stops scattered throughout the CRA. "Walkability" should be the priority in both public and private improvements to maximize access to these bus stops, as well as local resources such as the Walmart grocery store at Gulfstream Boulevard, the shopping node located at the Woolbright Road intersection, and the downtown area at the intersection with Boynton Beach Boulevard. The valuable waterfront parks are conveniently located at the northern middle and southern sections of the corridor, thereby minimizing travel distances for local residents and facilitating the opportunity to bike or walk to these amenities or corresponding special events. Similar to the recommendation for Boynton Beach Boulevard, wide sidewalks and greater separation from the vehicle travel lanes should be a priority. Separation should be accomplished by landscaping, on -street parking and bike lanes along this roadway. Plant selection and landscaping design should emphasize canopy trees where feasible to maximize shading for the pedestrian. Again, to achieve the ideal complete street, dedication of private property may be necessary, which would be timed with private redevelopment projects. Page 319 of 675 Ocean Avenue Is unique to the downtown roadway network as it has segments designated with different classifications and under different jurisdictions. One segment (located west of the F.E.C. Railroad tracks) is primarily used by local residents and patrons of the civic uses such as the Children's Museum, Civic Center, Library and the Arts Center. This segment has a 25 mph speed limit, frequent 4 -way intersections, on -street parking, and relatively low - scale development. The segment east of Federal Highway changes in purpose, becoming an access route to, and emergency evacuation route from the barrier island. This segment of Ocean Avenue is under State jurisdiction and provides access to a downtown node consisting of the CRA's marina and waterfront park, the Marina Village development, and waterfront restaurants. Also adjacent to this commercial center is the City's Boynton Beach Promenade and Mangrove Park with its boardwalk path through the mangroves to the Intracoastal Waterway. This area is anticipated to grow in popularity by the natural attraction to the waterfront, the waterfront restaurants and businesses and the park amenities. Ocean Avenue has an important role in the CRA plan given its quaint charm and connection between the Cultural District and Town Square (civic campus), and the Downtown District. Given its characteristics and relationship to the civic uses, it will continue to serve as a venue for existing and future special events which uses the entire right-of-way in street - festival fashion to accommodate the patrons. eacret BouIevard is a north -south county collector street that dissects the Heart of Boynton District and MLK Jr. Boulevard, represents the western border of Town Square, and separates the large single-family neighborhoods from the civic campus, recreation areas, and the downtown. This road is flanked by, and connects various public, private and institutional uses such as various churches, Poinciana Elementary School, Sara Sims Park and nearby Wilson Park/ Denson Pool, one of the City's largest employers (Bethesda Hospital) and City Hall. Historically, the role of this road in the area's roadway network has been a collector street extending south into the City of Delray Beach and north into the Town of Lantana. The design places a greater priority on the motor vehicle and the terminating destinations, than on the pedestrian, bicyclist, and abutting residential neighborhoods. Although streetscape improvements to a portion of the northern segment of Seacreast Boulevard were completed in 2015, the improvements excluded an increase in the sidewalk widths and the expansion of bike lanes, mostly due to the limits of the existing right-of-way and the County's design standards. Given the location within the redevelopment area the abutting land uses including substantial single-family neighborhoods, traffic calming and pedestrian circulation should be a priority in future public infrastructure improvements and in the design of private development. Page 320 of 67 13 oolfari ht Road is a county collector street serving as a second major linkage between 1-95 and Seacrest Boulevard, the activity node at the intersection with Federal Highway, and waterfront land uses and amenities. Although mostly located outside of the CRA, it is a principal connector road within the network, a second entrance into the CRA and the downtown. Similar to segments of Boynton Beach Boulevard, Woolbright Road consists of wide vehicle lanes, an uninterrupted center turn lane, minimal landscaping and no shading for the pedestrian. Despite the fact that the road separates a large single-family neighborhood to the north from a recreation area to the south, it has no direct pedestrian crossings or bike paths, and there is much room for improving the aesthetics of this second access into the CRA. Gateway oWevard is the last of the streets recommended to ultimately become "Complete Streets", and is included given its proximity to the CRA and role in the circulation system in the City. Although only a short segment of it is within the CRA it serves as a main access route from 1-95 to the north end of the CRA, and connects residential neighborhoods in this northern area to a potential future hub of convenience stores to serve local needs. The F.E.C. Railroad crossing represents a challenge to providing optimal pedestrian access along this short segment of Gateway Boulevard. 34 Page 321 of 675 Figure X: Recommended Complete Streets �> Page 322 of 67 ! ! ! ! ! ! ! ! ! r ! E ! �> Page 322 of 67 Greenways and ecotrails represent enhanced public walkways intended to serve as a buffer (or transition) between land use categories, or provide a connection for the pedestrian between parks and conservation areas within the CRA. Depending on the purpose, such walkways could be defined by decorative buffer walls, natural landscaping and dense tree canopies, meandering paths, accentuated cross -walks, way -finding signage, and other public amenities such as covered areas and benches. Many of the City's natural areas and parks are "off the beaten path" and therefore may not be realized by residents and visitors. Such a walkway or trail system raises awareness of, and increases accessibility to these attractions within the CRA. As described above, they are also used to simultaneously provide a buffer or transition from commercial areas or areas of higher density residential land uses to abutting low density residential neighborhoods. Consistent with the City's Greenways, Blueways, and Trails Plan completed in 2015, this Plan highlights and recommends segments from this city-wide trails plan to increase access to and through the Mangrove Park, the Boynton Beach Marina and waterfront area, Pence Park, Sara Simms Park, Wilson Park, Palmetto Greens Park, and Barton Greenway. A pedestrian greenway is recommended for the north side of Northwest 1 st Avenue, to promote redevelopment of the full block along the south side of Boynton Beach Boulevard while buffering the single-family neighborhood to the south. Legend SClek^.� � ka L,n e t�xl,dnr�! Ll"Ez114� c1,`dF, Figure X: Recommended Greenways & EcoTrails Page 323 of 675 Via I CO NW 1st Ave. . IW. u W. Al. w q- ll a, M P Ocea Ave I I;uce�.' ,' I .r Legend SClek^.� � ka L,n e t�xl,dnr�! Ll"Ez114� c1,`dF, Figure X: Recommended Greenways & EcoTrails Page 323 of 675 With the convenience and low cost of using a bicycle, the increasing availability of bike accommodations throughout the area, the bike accident data and reputation of our streets for being unsafe to bicyclists, bike paths and lanes are basic components of most transportation planning systems and an important part of the connectivity element of this Plan. Most all of the County's Palm Tran system accommodates bikes, and the local commuter train Tri -Rail has dedicated bike storage systems both on the trains and at the stations (most areas are covered or even include enclosed lockers). Bike accommodations can take the form of on -street bike lanes or shared paths within rights-of-way, or dedicated or shared paths located apart from the public roadway network. As referenced above under Greenways, Ecotrails & Parks, components from the City's Greenways, Blueways and Trails Plan have been emphasized in this Plan to further the connectivity objective, while supporting a more sustainable mode of travel and promoting recreation and healthier living. In addition to providing direct access to or within the points of interest shown on the corresponding exhibit, bike lanes or paths should be added to and/or maintained or improved on Federal Highway, Boynton Beach Boulevard, Seacrest Boulevard, Woolbright Road, Ocean Avenue, NW 2nd Street, SE 4th Street, and NW 4th Avenue. Legend Streevs Figure X: Recommended Bike Lanes Page 324 of 67 The CRA is currently served directly by the Palm Tran System, providing bus transit services with both a fixed route program and a door-to- door paratransit program for the disadvantaged resident and guest. Palm Tran Route #70 follows Seacrest Boulevard with numerous bus stops in the Heart of Boynton; it is an important link between the downtown and the Tri Rail Station located just west of I-95 near Gateway Boulevard. Palm Tran Route #73 primarily traverses Boynton Beach Boulevard from downtown west to Bethesda Hospital West at SR 441 and includes a direct stop at the Boynton Beach Mall. Lastly, Route #1 extends along Federal Highway and terminates at the Gardens Mall in Palm Beach Gardens, and south of Palmetto Park Road in Boca Raton. All three (3) bus routes travel through the City's Downtown Transit Oriented Development (TOD) District and would provide direct access to, or are located within a short walking distance to the planned passenger rail station near Boynton Beach Boulevard and NE 4th Street. As indicated above, Route #70 provides the link for the downtown to regional commuter rail transit provided by Tri -Rail, which operates on a shared railroad that parallels I-95 through the tri -county area; provides stops within Palm Beach, Broward and Dade Counties; and connects with Amtrak and Metro Rail in Miami. Tri -Rail provides access to major employment centers and educational institutions within the tri -county area as well as all three major airports within the region. There are future changes on the horizon in transit options for downtown Boynton Beach, which the City has been planning for since it became certain that Tri -Rail services would be expanded to the F.E.C. Railroad. The F.E.C. Railroad is a historic rail line originally built and operated for passenger service until discontinued in 1968. It traverses the coastal communities along the coast of Florida, closely paralleling Federal Highway within the region. This new service is currently planned to be phased in, starting with service in Miami, followed by phasing in the additional northern stops as justified by demand. Based on demand being a factor of population density and employment, the City began planning for a downtown station with the Transit Oriented Development (TOD) Study; establishment of the Downtown Transit Oriented Development District; and adoption of the initial TOD zoning provisions with density bonus incentives and a minimum density standard. These provisions apply within the Downtown TOD (a.k.a. "Station Area"), which is defined as the area within a one-half mile radius around the future station stop planned for the intersection of Boynton Beach Boulevard and NE 4th Street. It is important to prioritize the need to improve land development patterns in advance of station development for several reasons: (1) transit -oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park - once environment, which reduces vehicular demand on the roadway network and carbon emissions. Furthermore, federal funding for transit projects such as the Tri -Rail Coastal Link are highly contingent upon existing and projected TOD patterns around station areas such as the City's planned rail station. Cities that adopt TOD plans and codes ahead of the planned service help improve the competitiveness of the City for a train stop. The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT, (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. In July of 2013, the City adopted provisions for TOD and the corresponding standards within the mixed use zoning regulations, including the minimum density standards for mixed use districts within the Transit Core, defined as a '/4 mile radius around the future station. Page 325 of 675 Prepare a Complete Streets program for the targeted streets within the CRA to guide the ultimate redesign and or incremental improvements to implement the connectivity and walkability objectives of the plan. • Require the completion of all missing sidewalk segments within the CRA and adjoining areas in conjunction with private development or redevelopment, and public improvements. • Require that development design establish a pedestrian zone along the rights-of-way, tailored per roadway type and anticipated land use. • Require that streetscape landscape design and species selection emphasize the pedestrian way with optimal location and maximized shading. • Ensure the completion of greenways through necessary dedications and physical improvements required in conjunction with private and public development. • Consider the opportunity to promote downtown events in appropriate areas through the use of Festive Street design. • Consider LDRs that will ensure the installment of the greenway as a condition of rezoning for full block commercial/mixed-use redevelopment of the Boynton Beach Boulevard Corridor. • To ensure optimal bus stop locations and design, coordinate with Palm Tran as part of the development review process, and consider additional LDRs that require related improvements concurrent with development and redevelopment throughout the CRA. 39 Page 326 of 67 40 Page 327 of 675 The land use recommendations constitute the bedrock of a community redevelopment plan. The Plan proposes to initiate changes to the existing future land use (FLU) and zoning patterns as currently depicted on the City's official Future Land Use and Zoning Maps. Site specific changes will be facilitated and supported by significant adjustment to the future land use and zoning structure, through modifications of both FLU classifications and the corresponding zoning districts for residential and mixed uses. As shown in Table 1 and 2 below, the Plan recommends elimination of several categories and creation of new ones for both future land use and zoning, as well as modifications of the density caps: EXISTING FLU DENSITY DUACRE RECOMMENDEDFLU DENSITY Low Density' Low Density (LDR) E - Merged) into one category a Modera (MODR) ® Medium Density (MEDR) Medium Density (MEDR) Merged into one category High D- DensityHigh Special, � l- (SHD_ DR SpecialDensityR 1` remains Mixed Use Low Mixed _ < ® Mixed Use Medium Increased Density- -d Mixed - s -a - a t � with previousnds Mixed - Core fable 1. Proposed Changes to the Future Land Use (FLU) Classifications 41 Page 328 of 67 The recommended changes to the existing future land use classifications include a corresponding set of proposed changes to the zoning structure, shown in Table 2. RECOMMENDED DEN-srrr ZONING DEN Srrr MAX CHANGE To ZONING LAND USE, DUAL R E DISTRICTS CAPS HEIGHT DISTRICTS %,, E`S1DE' T1 L R 1 -AAA, R 1,- M.'erged zoning districts Low Density (LDR) 7_5 AAB, R1- , R -1A, R-1, 5 TO 7.5 30 (2 stories) corresponding to existing LDR and PUD MCDR FLU categories R2 10 30 (2 Corresponding to the existing Medium Density stories:) MPDR (MEDR) 11 R3, PUD, 45' (4 [PUD 11 stories) Previously under the HDR FLU High Density (HDR) 1:5 R-4, I;PUID, 15 451 (4 NEW distri:ct R-4 PUD stories Special High 2:0 IPUD, PUD 20 45 (4 No change Density (SHDR) stories) LaFtE l� AAAI > I USE Density and height same as the Mixed' Use Low 20 MU -1' 20 45' (4 M'UL 1 zoning district Under the stories) existing MX FLU 05' (0 Increaseddensity. existing MUL- MU-2 40 stories) 2 under NIX FLU at 30 duJacre Mixed Use 50 Medium MU -3 50 75` (7 NEW distrct sto ries) MU -4 60 100 00 NEW district stories) Mixed Use High 80 150' (15 Renamed district. Corresponds MU, Core so stories:) with previous MU' -H_ Table 2. Land Use Structure and Corresponding Zoning The recommendations emphasize mixed use for development and redevelopment, which are intended to play a major role in the ongoing revitalization of the CRA area, encouraging high quality design by providing both greater flexibility and more control. • Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban 42 Page 329 of 675 identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoning district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap. Merging of the two lowest density residential classifications into a single classification named Low Density Residential Future Land Use Classification (LDR), with the maximum allowable density of 7.5 dwelling units per acre. The existing zoning designations remain and will act to limit densities in neighborhoods developed with densities below 7.5 DU/Acre. This change contributes to "house cleaning," eliminating a City-wide inconsistency whereby a significant number of residential areas classified as Low Density Residential—for example, areas west of Seacrest Boulevard in the Heart of Boynton district—carry zoning designations corresponding to the Moderate Density future land use category. Merging of the Medium Density Residential and High Density Residential future land use classifications into a single classification named Medium Density Residential Classification with a maximum allowable density of 11 dwelling units per acre. The corresponding zoning designations are also merged and now include R-2, R-3, IPUD and PUD will remain unchanged. It is currently under the High Density Residential category. Simply stated, this change merges two land use classifications with closely matching density caps (10 units per acre and 11 units per acre). • Creation of a new High Density Residential future land use classification with a maximum density, of 15 dwelling units per acre. A new multifamily zoning district, R-4, is proposed for this category. The Special High Density (SHDR) classification remains as is. This classification, limited to the CRA area, does not allow commercial uses except for marine -oriented and water -dependent uses in conjunction with the Palm Beach County Manatee Protection Plan. Its maximum density of 20 DU/Acre is the same as the maximum residential density of the new Mixed Use Low future land use classification. Even though the latter does not necessarily require inclusion of commercial uses, maintaining a SHDR as a residential -only classification (except as stated above) is important as it may be more appropriate than Mixed Use Low for certain locations. Further, significant amount of land within the CRA has already been developed under SHDR classification with the IPUD zoning. Aside from the CRA area, for which they are intended, the changes will eventually have a City-wide benefit for future redevelopment. 43 Page 330 of 67 6 Page 333 of 675 Boulevard Dist ct introduction Planning Challenges Planning Considerations The Vision Recommendations 41 Page 334 of 67 Currently there is not an adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision of the corridor. Many of the recommendations from those workshops are incorporated into this plan. There has been no redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The CRA is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District is located along Boynton Beach Boulevard east of 1-95 to the FEC Railway from N.E. 3rd Avenue to the north to N.E. 1 st Avenue to Seacrest Boulevard and W. Ocean Avenue west to 1-95. This area is the main entry into downtown Boynton Beach from the exit off of 1-95 and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City's public beach, the Boynton Harbor Marina, City Hall, and the Children's Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has not helped with property values of these neighborhoods. P �aaaant r ��a�ar )iaguu au uu u u uuu�u! u a As the City grew, Boynton Beach Boulevard was widened to five lanes to accommodate more traffic. Additionally, the commercial zoning only extends one-half block deep from Boynton Beach Boulevard which does not encourage viable commercial uses and has resulted in the minimal conversion of single-family homes along the Boulevard to commercial uses rather than redevelopment at the scale envisioned by this Plan. Almost all of the parking for the businesses is in front of the buildings meaning that in many cases, cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the pedestrian zone. Due to the widening ofthe Boynton Beach Boulevard over the years, vehicular use has been emphasized over pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right- of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street 48 Page 335 of 675 furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations other than City Hall and the Post Office along the corridor to attract the interest of visitors or residents. The majority of the businesses are small service types with fewer than five employees. The buildings are outdated, constructed from the 1930's to the 1970's. The majority of the buildings are single -use and there is no shared parking or pedestrian access across properties. Additionally, there are no large parcels ready for redevelopment meaning that assemblage of land must be still be achieved. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part to the Town Square project. The City Hall site on 3.71 acres offers an opportunity for development of a private mixed-use project. Several factors were considered in determining the land use designations for the Boynton Beach Boulevard. District. Just east along the District is the location of the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. The Boynton Beach Boulevard District and DTOD district overlap; only the area from 1-95 to (approximately) N.W. 2nd Street is not included within the DTOD area. A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic con currency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. NW 1st Avenue Historic District: Figure X: Planning Challenges Example There is potential for a historic district on NW 1st Avenue. The area includes thirteen properties, seven of which would be considered "contributing properties" in the historic district. To initiate the designation process, a simple majority of the property owners within the proposed district must agree to the initiation of the designation process. Although the current designation proposal was not supported the majority of property owners, the results were close. Staff will continue to review options for the preservation of historic buildings. Figure X: Historic Property on First Avenue 49 Page 336 of 67 V` s� on The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the downtown district. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and be able to park their bike at one of the bike racks to grab a cup of coffee with a friend. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Streetscape enhancements are recommended for the corridor within the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Boynton Beach Boulevard including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Narrowing of travel lanes to create space for landscaping and wider sidewalks and to make the street safer for bicyclists and pedestrians. • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Create a greenway along the north side of NW 1st Avenue per the Connectivity Plan • Create way finding signage to mark the entry into the City and brand the district • Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of -ways that is inviting, safe and includes: needed • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Underground overhead utilities Figure X: Boynton Beach Blvd. District Streetscape Recommendations Area 0 Page 337 of 675 Intersection enhancements • Directional signage • Pavement / material • Landscaping • Public art location • Safe pedestrian crossing Intersection enhancements • Entry to Downtown • Directional signage • Pavement / material • Landscaping • Public art location • Safe pedestrian crossing Figure X: Boynton Beach Blvd. Intersection Enhancements Figure X: Boynton Beach Blvd. Example Streetscape Enhancements 51 Page 338 of 67 Boynton Beach Boulevard Design: West of Seacrest Boulevard 9.01 .0' C TL T, TL sw MD S, "N �"L10.01 CU,,—jg,o� 4.01 re Figure X: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. 5 2 Page 339 0 675 Boynton Beach Boulevard Design: East of Seacrest Boulevard =-TZ I_ I =` SII W- �o �a U � I 'tN ,I e# y' L T ,.....--12 0'— '° 7,Cr 50 10. .... ... __lir' x Figure X: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. C�Ni3v4' e ..INNEWWR CANICIf"Y-MFE MID 15.0 a :stir Y PARKIN& T MC * 104' Figure X: Boynton Beach Blvd. Section from Seacrest Blvd. to Federal Hwy. 531 ! r....._. �..._._..._ _. Zi Zi0 I ,L ) FkWCr3,..I,., 'Nti -1 r7 I� x TL TI PARKINCI 'A 9.01_!--7.CI,-2: I ;') P2.o'.... Page 340 of 67-1 R"°�„ o` rt "t(C �,Q i'lidia` �oiits: L wid Use The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Otherfuture land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends a half -block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From 1-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed -Use Low. The Mixed -Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed -Use Medium Future Land Use. The Mixed -Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed -Use High future land use designation. The Mixed -Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT' Low Density 7.5 R1 -RAA R1 -,ARB Rl-AA, 5-7.5 30' Residential R -1R, R-1, PUD Mixed -Else Low 20 MU -1 20 45` Mixed -else MU -2 40 65` Medium 5® MU -3 50 75' MU -4 60 0, 100, Mixed -Else High 80 MU Gore 80 150' lable 3.Kecommended Future Land Use (FLU) Glass! tications within the Boynton Beach Blvd District d';4 Legend �j r��3ir `�t�i nMc �Frar.:�xA 10 dsrsEriar �w,l�l i-li r Ffl�rl�' iY� -.i'3G Gcr= vicmr-Frim f0n¢,a mus 6 7 'Al 01 rApdh 4,1 dwic 1—v" ;u:e.r:, Page 341 of 675 as as as as aaa a a as a a���uuuuA Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, and uses. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • First floor of building shall maximize the amount of glazing. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45', consistent for 30' deep. Figure X: Example Greenway Recommended on First Avenue • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd • All buildings along Boynton Beach Blvd pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering MU Low • 20 du/ac (incentivized units) • Max height 45' • Redevelopment / infill • Commercial uses required • Parking at rear • Public greenway to buffer BFR • Two story max at street • Buildings set back to allow for pedestrian zone Town square • 40- 50 dulac • Max height: 65'-75" • TOD Density Bonus • Commercial uses required MU- Med • 0-50 dulac • Max height: 65'-75` • TOD Density Bonus • Commercial uses required • Max 4 stories on street MU- High • 60 du/ac (zoning MU -4) • Max height 100` • TOD Density Bonus • Commercial uses required • Max 4 stories on street Figure X: Boynton Beach Blvd. Example Projects 5 Page 342 of 67 Figure X: Boynton Beach Blvd. Example Mixed Use Low Project 0 Page 343 of 675 Figure X: Boynton Beach Blvd. Example Mixed Use Medium Project Page 344 of 67 58Page 345 of 675 introduction Planning Challenges Planning Considerations The Vision Recommendations 5 9 Page 346 of 67 The most recent planning effort for this district was the Downtown Vision and Master Plan adopted in 2009. Prior to that, the Ocean District Plan was adopted in 2004 to guide redevelopment in this area. The common vision of both plans was to create a cultural district along Ocean Avenue anchored by on the Children's Schoolhouse Museum, library and civic uses and to maintain and reuse the historic structures. The City invested in a streetscape project along Ocean Avenue in the late 1990's. The CRA purchased a historic structure at 211 Ocean Avenue that is in the planning process to be converted to a bar/restaurant. The CRA moved another historic structure onto Ocean Avenue from N.E. 1st Avenue to create a cafe. In 2011 the CRA developed the amphitheater where most of the CRA events are held. The goal of these projects is to activate Ocean Avenue. The Cultural District boundaries are Seacrest Boulevard to the west, N.E. 1 st Avenue to the north, the FEC Railway to the east and S.E. 2nd Avenue to the south. It is adjacent to the Boynton Beach Boulevard District and the Downtown District. The Cultural District contains 28 acres and is the smallest of the six planning districts. The area directly north of the District is predominantly commercial with one residential condominium. South of the District is predominately single-family use. There are a number of older condominium buildings within the District as well as a smattering of commercial uses. 0 Page 347 of 675 (��)���an��taiar)iaguuauhuu�u�u��u 1211[1131a"! The Cultural District has some unique redevelopment challenges. First, the ownership pattern makes assemblage of developable parcels difficult. There are seven condominium buildings within the District. The cost and difficulty of assembling these condominiums make the redevelopment of sections of the Cultural District a long term prospect. A disconnect exists between what the future land use map states what may be developed and what the redevelopment plans recommend. This leads to confusion for both residents and investors as to what is the desired vision for the area. A lack of active uses, particularly nighttime uses such as cultural venues, restaurants or galleries, discourages visitors and pedestrians from visiting this area of downtown. Narrow sidewalks or no sidewalks on some streets discourage walkers as well. The civic campus, including City Hall, the library, the Civic Center and the Art Center located in the District attract people during the day. However, with no retail or restaurants in the immediate area, they have no reason to stay in the District. (��)���an � �taiar )iaguu auoun�suWeura o nu u Several factors were considered in determining the land use designations for the Cultural District. First, located directly east of the District is the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Cultural District is entirely enclosed within the Transportation Concurrency ExceptionArea (TCEA)which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. I The existence of these transportation oriented -designations is a factor in considering where increased height and density will occur within the CRA district. The Cultural District, while not an area appropriate for the height recommended in the Downtown District, is located within both the DTODD and the TCEA, supporting the move to increase density within this district. A third consideration is the potential public-private partnership opportunity for the 16 plus acre civic campus, as a catalyst for redevelopment at the western end of the downtown core. The relocation of City Hall within this area makes land available at a prominent intersection along Boynton Beach Boulevard. A charrette was held and study prepared yielding various design options supporting higher densities and a mixed of civic, residential and retail uses. Page 348 of 67 V` s� on The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Public art and other cultural amenities will be concentrated within this district in order to foster a sense of community. Public events such as the Kinetic Art Expo and the Haunted Pirate Fest will be anchored within the Cultural District to attract residents and visitors to experience Boynton Beach's unique character. Ocean Avenue will maintain its character through the creation of an overlay district. Reco� r,�tfi i,e� "itd aaa aioits: Sareae "A e"HIP Streetscape enhancements are recommended for both Ocean Avenue and Seacrest Boulevard. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Ocean Avenue • Implement a Complete Streets program for Ocean Avenue to accommodate bike lanes and bike racks, safe pedestrian crossing at the FEC Railway and on -street parking where possible. • Create a curbless festival area between Seacrest Boulevard and S.E. 1st Street • Enhance the intersection of Ocean Avenue and Seacrest Boulevard with a vertical entry feature, with changes in surface materials such pavers and paints. • Add signage at the FEC Railway announcing entry into the Downtown area. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development Streetscape Enhancements Streetscape Enhancements • On -street parking • On -street parking • Designated bike lanes & facilities • Designated bike lanes •Landscaping/street tree improvements ` Reduce lane width • Enhance crosswalks • Sidewalk expansions and repairs • Public art along Avenue • Cu rbless'festival' street section Material and pattern enhancements Figure X: Ocean Ave. Streetscape Recommendations Figure X: Seacrest Blvd. Streetscape Recommendations 2 Page 349 of 675 Seacrest Boulevard • Implement a Complete Streets program for Seacrest Boulevard to accommodate bike lanes and bike racks, safe pedestrian crossings, required on -street parking, and consideration for rotary intersection design at Ocean Avenue • Install public art in key locations • Provide additional pedestrian crossings where needed • Underground overhead utilities Figure X: Example Entry Features to the Cultural District Figure X: Location of Entry Features to the Cultural District Figure X: Ocean Ave. Festival Street Section Page 350 of 67 R"°ct. r,"' (C )Q )'lidzatio)its: Land 'I Use The predominant existing future land use designation within the Cultural District is Public & Private Governmental/Institutional. This designation covers 16.5 acres and includes the blocks of City Hall, the library, etc. Other future land use designations are High -Density Residential, Local Retail Commercial and Low Density Residential. In order to encourage redevelopment of this district into an active, economically viable area, the proposed land use designation and zoning changes are proposed: • Change entire district to Mixed -Use Medium land use designation Town square I Mixed Use Project 40-50 dulac Max height: 75' TOD Bonuses (heighi l density) • Elements Historic, preservation Cemarerc[al uses • Public Parking Civic Uses Greed space Mixed Use Project • 40 - 50 dWao Max height; 75' TOD Bonuses (height !density) Required: Cornrt7ercial uses Public parking Figure X: Cultural District Example Projects Tahla d Rarnmmanriarl Fnfi ira 1 anri 1 Ica IPI 111 (.la Qifiratinnc -ithin [ha (a dfi iral nic[rirt LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT Mixed -Use MU -3 50 75' 50 MUS -2 40 55" Medium Figure X: Recommended Land Use for the Cultural District 4 Page 351 of 675 'Rade cor,�'T,fri"�e�"itdat�o�its: UII` b;,in Mgdgn Create/ modify an overlay district for Cultural District to control height at street frontage, building setback, design, and uses. 0 Ocean Ave will be designed to have a streetwall (building faces) abutting the pedestrian zone. • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as, gas stations, car washes, and drive-thrus, are prohibited. • Structures along Ocean Avenue shall be design to the pedestrian scale and have a maximum height of 35', consistent for a depth of a minimum of 30'. • Maximize glazing on first floors • Require street canopy trees 0 Public spaces such as plazas or greens shall be created as part of each project. Streetwall Design 0 35' max fronting Ocean Ave 0 Additional height must be stepped back 30' * Commercial uses required along Ocean * Public spaces such as plazas or green areas required al"ong Ocean * Maximize glazing on first floor 0 Pedestrian shade gure A: ucean Ave. titreetwaii uesign Roti idenr.iHI/Mce - R(!L'8'1/0fI 1I,!,qesvrIan Zon Ckrhles.5 StTeet Figure X: Ocean Ave. Design Diagram Page 352 of 67 Figure X: Ocean Ave.Example Mixed Use Medium Project Figure X: Cultural District Master Plan Page 353 of 675 Figure X: Cultural District Example Entry and Streetscape Page 354 of 67 Page 355 of 675 Do, ifoilvit D introduction Planning Challenges Planning Considerations The Vision Recommendations 9 Page 356 0 67 The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa and Marina Village condominium projects and the soon to be completed 500 Ocean mixed-use development. Additionally, the CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and support the boating community. The CRA planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway. The Promenade also connects to the City's Mangrove Walk Park and the Marina. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway and to the west by the FEC Railway. The Downtown District is intended to connect via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard. The distance from I-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from I-95 or, if you are a resident in one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri -Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the planned station. Page 357 of 675 (��)���an��taiar)iaguuauhuu�u�u��uuu� a Unlike Delray Beach to the south or West Palm Beach to the north, Boynton Beach historically has only had a very small downtown area. It extended from just east of Federal Highway to west of Federal Highway at Ocean Avenue. There has always been very few commercial buildings that could be repurposed into restaurants and stores as Delray Beach has done. Thus, the first CRA Plan adopted in 1984 concentrated on the downtown area (an area smaller than proposed in this plan) as an area of redevelopment priority. Some of the planning challenges are: • Lack of developable parcels — assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees • No public parking areas and little on -street parking • Lack of support for current redevelopment plan recommendations • Lack of wayfinding signage • No design theme to create an identity A second consideration is that the Downtown District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of both of these transportation - oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Downtown District's location in the center of both the DTODD and the TCEA supports the highest density and height within this district. • The design of Federal Highway (e.g. pedestrian Figure X: Planning Challenges Example unfriendly) • Appropriate location and design of mixed use developments for retail success. (��)���an � �taiar )iaguu auoun�su�u (eura o nu u Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. 71 Figure X: Planning Challenges Example Page 358 of 67 Page 359 of 675 V` s� on Downtown Boynton Beach will be where visitors, workers, and residents go to live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, natural areas and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefit to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and will accommodate new shops and restaurants. Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Require installation of canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Install public art in key locations • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • Create an eco -trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. Page 360 of 67 To attract new residents and businesses the area rnuaf present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/zoning structure as shown: LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT High Density 15 R-4, I PUD-, PUD 15 45' Residential Mixed -Use MU -2 40 65' Medium 50 MU -3 50 75' Mixed -Use High 80 MU -4""" 60 100, MU Core 810 159 General n)a C-4 Commercial n/a 45' Industrial r,�a M-1 Wa 45' Recreation, n)a Recreation Wa 45' Table 5: Recommended Future Land Use (FLu)Classifications within the Downtown oiomo MU- High ~ OO du/ac (Zoning M0+Core) ~ Max height 150' ~ TQQDensity Bonus ~ Commercial uses required tofront Federal Hwy ~ 5O'Base Maximum MU -Med ~ 40'50dulac ~ Max height: O5'-75' ~ TQOBonuses (height /density) ~ Commercial uses required bofront Federal Hwy ^ Building frontage required on8E 4th Street ~ Max 4stories onBE4th street Figure X Cultural District Example Projects 74 Page 361 of 675 Recreational Industrial Low Density 5 du!ac l Medium Density 11 dulac High Density 15 dulac Special High Density 20 dulac. Retail General Commercial lytxed Use Low 20 dulac Mixed Use Medium 40 dulac Mixed Use High fit? du/ac Figure X: Recommended Land Use for the Downtown District W Page 362 of 67 Re coqrq,�'(i �,a �itd atti oits: Uli` "€;,in Mq?q�g,n • In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as, gas stations, car washes, and drive-thrus, are prohibited. • The build -to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60- 90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard or Federal Highway shall be a maximum of 45', consistent for 30' deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. • Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/or walls as appropriate. Figure X: SE 4th St. Example Mixed Use Medium Project 76 Page 363 of 675 is {res �rti� yt r% r �stii I ( rtt ti�lsfrrits ifs i. Residential 61011iil"" �� ' �ii�@$ BiCyCle Path Brij» Parallel Parking i ( 1"Y t 11 .r Retad/Office w� - K w .Garage Street Bicycle Path •}wen Spate Parallel Parking ' Garage Access. Qn-sitn Parking Pedestrian Zone, i Pede5trlan Lone (S• -C!'• '.. 6_..... ...... I . Pedestrian Ztane Parallel € arkiftg Bicycle Path — �ParalleiParkirdq n '- Bicycle Path t s tr v Figure X: SE 4th St. Design Diagram Page 364 of 67 78 Page 365 of 675 Figure X: Downtown District Master Plan 79 Page 366 of 67 80 Page 367 of 675 ig h 1, vvvi io, i - introduction Planning Challenges Planning Considerations The Vision Recommendations 8 1 Page 368 of 67 The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment is historically difficult to achieve given the glut of outdated commercial buildings, and antiquated land use and zoning relative to market needs and inconsistent with current vision. To address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan in May of 2001. The Plan was updated in June of 2006 to reflect the achieved successes as well as market changes. The recommended land use changes from the Federal Highway Corridor Plan resulted in the development of 2,358 new residential units. This has led to hundreds of blighted acres being redeveloped within the corridor at the north end of Federal Highway, five new projects have been developed or approved as a result of the adoption of the Federal Highway Corridor Community Redevelopment Plan: The Peninsula, The Harbors, The Preserve, Casa del Mar, Manatee Bay, and Murano Bay. Along the south end of the District, eight new projects have been developed as a result of the adoption of the Federal Highway Corridor Community Redevelopment Plan resulting in 1,800 new residential units and 31,179 sq. ft. of new commercial space. This District, more than any other has benefited from redevelopment activity. The CRA recently completed a capital improvement project in this District in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two different sections, North and South. Each section extends north and south from the Downtown District ending at the City's boundary. The District is mostly bounded by the F.E.C. Railroad right-of-way on the west and the Intracoastal Waterway on the east. These districts represent the main entries into the City from US Highway 1. The area east of Federal Highway consists predominately of single-family neighborhoods. There are some older condominium developments and some newer townhome developments along the eastern side of the corridor. The newer townhome developments are a result of the adoption of the Federal Highway Corridor Community Redevelopment Plan which created the Special High Density Residential land use designation. There are two major arterial roadways in the district; Gateway Boulevard, an east -west arterial between 1-95 and Federal Highway, and Federal Highway which runs north/south through the entire CRA district. The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both parks provide residents with access to the Intracoastal Waterway. Page 369 of 675 One of the most challenging aspects of the north section of the District is the geographic layout imposed by the location of the FEC Rail line and the Intracoastal Waterway. This makes the depth of land on the west side of Federal Highway in certain areas undevelopable or at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site. Moreover, there are few vacant parcels left for development. There are a large number of outdated commercial buildings. Some buildings are vacant and many are not well maintained giving the area an appearance of disinvestment. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. Another predominant feature that is creating visual blight is the abundance of overhead utilities. Old utility poles often remain after new poles are installed. These poles take up precious sidewalk space. Additionally, the sidewalks are too narrow to accommodate the installation of mature shade trees, decorative streetlights and side-by-side pedestrians. There are insufficient bus shelters along Federal Highway even though Route 1 is one of the most used of all the Palm Tran routes. Due to the scale of Federal Highway in this District, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12' wide encouraging speeding directly adjacent to the sidewalk. The current design of the corridor lacks adequate space and protection from vehicular traffic for the pedestrian. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. Figure X: Planning Challenges Example Page 371 of 675 aa�a�a�� , iq�q� li„ �uu au u�1i �J.d eurat u� o nu u In addition to Planning Challenges, there are elements or matters affecting the corridor that should be accounted for in this analysis and in the formulation of recommendations regarding needed public improvements and amendments to the land use plan and Land Development Regulations Close proximity to the waterfront, including direct access from Federal Highway to the barrier island and oceanfront recreation areas, has been a principal catalyst for redevelopment along this corridor and should continue as a natural attraction to the area. Direct access to the Intracoastal Waterway is provided by three different public parks located at each end of the corridor, which is served by a state road providing an alternative to I-95 for traveling short distances through popular destinations in Palm Beach County such as Delray Beach, Boca Raton and West Palm Beach. The return of passenger service to the F.E.C. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and working as the City redevelops. A portion of both segments of the corridor is within the Downtown Transit Oriented Development District, and the entire corridor, future train station and the existing Tri -Rail Station is accessible via a short bus ride on one of the County's most ridden Route #1. Proximity of this District to the Intracoastal Waterway also has its downside and challenges. Being close to the ocean makes the District vulnerable to flooding from high -tide events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA -designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. Both the north and south parts of the District overlap with the Comprehensive Plan's Coastal Management area, and therefore are subject of all its policies. The main focus of these policies is flood prevention and mitigation, including policies regarding certain uses, development intensity increases and public infrastructure improvements in areas most prone to flooding. All have to be taken into consideration in redevelopment decisions, striking a balance between people's desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. 5 Page 372 of 67 81 Page 373 of 675 V` s� on The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, and activate and improve the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. Reaca� � fry i,e� "itd a ahaoit Streetqrsrsp Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 7 Page 374 of 67 To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed -Use Low with a density of 20 units per acre) and zoning district (Mixed -Use 1 zoning with a45'height |irnifaUon)Thia new land use designation will allow flexibility fodevelop for retail and residential or retail and office uaea, allowing the market to determine the best mix. The Mixed -Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is nornrnencia| land use afthis location; however, if is in need of upgrading. Compatibility ordinances will be utilized to minimize irnpanfa of commercial uses on adjacent residential neighborhoods. Tballow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category— Mixed-Use High 4 with a density of 60 units per acre and 1 OO'height limitation—be applied at the four corners ofVVoo|bhghfand Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT Mixed -Use High 80 MU -4, MU Core 60-80 1001-150, Medium Mixed -Use Low 20 MU -1 20 45' Special High Density 20 IPUD 20 45' Residential High Density R4, Infill -Planned Unit 15 15 45' Residential Development Medium Density 11 R3, Infill Planned Unit 10-11 45' Residential Development Residential R -1A. R_1PUD Recreation n/a Recreation n/a 45' M Mixed Use – High 60 duiac (Zoning MU -4) Max height 100' Commercial uses required to front Federal Hwy _ MU- Low 20 du�ac Max height 45' Commercial uses aptianalf m o Page 375 of 675 Federal Highway (North) District Federal Highway (South) District 9 Page 376 of 67 The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on -street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, commercial uses must front Federal Highway and shall maximize glazing facades visible from rights -of -ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45', consistent for 30' deep. • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Federal Highway. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. 90 Page 377 of 675 Figure X: Example High Density Residential Project Figure X: Example Mixed Use Low Project Page 378 of 67 92 Page 379 of 675 c t introduction Planning Challenges Planning Considerations The Vision Recommendations 93 Page 380 of 67 The Heart of Boynton District is a 380 -acre neighborhood characterized by single-family homes, community parks, public schools and churches. However, the community has been the victim of disinvestment over the last 50 years. Census tract 61 which encompasses this District has the lowest median household income within the City: $20,848. To counter the decline of the neighborhood, the CRA and City adopted the Heart of Boynton Community Redevelopment Plan in 2001. The Plan was updated in 2014 to reflect the achievements of the original plan and add new projects that reflect the current market conditions. Many of the implementation steps from the original CRA Plan have been achieved since the adoption of the Plan: • The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site — Ocean Breeze West — into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park — Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard — Property acquired and Family Dollar developed • Development of new housing — 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the C. Stanley Weaver (C -Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The Heart of Boynton District is within walking distance of the Cultural District and the Downtown Distance. One major arterial road runs through the neighborhood north/south, Seacrest Boulevard.. Martin Luther King, Jr. Boulevard, once lined with locally -owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are also a number of parks and special use areas within the neighborhood such as Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park 94 Page 381 of 675 ( )���anr��a�ar)iaguuauhuu�u�u��uuu� a The Heart of Boynton area suffers from an aging and poorly maintained housing stock. The CRA and City, in partnership with local non -profits continue to develop single-family homes; however, given the median household income of the neighborhood, there is still a need for quality affordable multi -family rental housing. The difficulty with developing multi -family housing in this District is the cost of development versus the return on investment. This financial gap will have to be overcome to make multi -family housing a reality. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activity discouraging people to buy homes or invest in businesses within the area. Until the illegal activity is under control, private investment will continue to be an issue without financial involvement by the CRA. The area is comprised of small parcels platted in the 1920's — 1930's during Florida's land boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Many property owners are not realistic about the value of their property. Over the years, the neighborhood has lost most of their community services. There is no full service grocery store and only one take-out restaurant. The majority of commercial use is represented by convenience stores. Recently, the CRA partnered with Boos Development to develop an 8,100 sq. ft. Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. However, there is a need for additional retail services. The neighborhood is bifurcated by a four lane major artery, Seacrest Boulevard. There is only one signalized pedestrian crossing across the road even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourages speeding through the neighborhood. The road as it is designed is not designed at a neighborhood scale. Both Seacrest Boulevard and Martin Luther King, Jr. Boulevard have older power poles with overhead utilities. These poles have not been well maintained by the utility providers and have many unused wires causing visual blight. Figure X: Planning Challenges Example aLLggq�qi�iqqliquuau u1iuudI( uu1iuu Several factors were considered in determining the land use designations forthe Heart of Boynton District. A future commuter rail station for the planned Tri - Rail Coastal Link service, which will serve the South Florida metropolitan region, is planned for downtown at N.E. 4th between Ocean Avenue and Boynton Beach Boulevard. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A portion of the Heart of Boynton District falls within the TOD. A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low - scale neighborhood, no increase in height over 45' is recommended. 95 Page 382 of 67 Shepard Funk Addition Historic Cottage District There are a significant number of historic cottages located along both sides of NE 3rd Avenue and the south side of NE 4th Avenue between N. Seacrest Boulevard and NE 1st Street. In order to protect these cottages while allowing the future commercial redevelopment of the south side of NE 3rd Avenue, it is recommended that: • The historic cottages from the south side of NE 3rd Avenue are relocated to the vacant lots on the north side of NE 3rd Avenue. • On completion of the relocations, a historic district is created in the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. Figure X: Planning Consideration Example Figure X: Seacrest Blvd Streetscape Area C96 Page 383 of 675 V` s� on The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Reaca� � it i,e� "itd a ahaoit Streetqrsrsp Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on -street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Require bus shelters as part of new construction • Provide additional signalized pedestrian crossings (including mid -block) along Seacrest Boulevard • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground of overhead utilities • Create a greenway to connect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Create an eco -trail to connect the existing scrub and linear parks per the Connectivity Plan. 45' Max. Figure X: MLK JR. Blvd. Street Section 97 Page 384 of 67 The existing land use designations within the Heart of Boynton District are: • Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed -Use — 40 units per acre (this land use designation is placed on the CRA -owned Ocean Breeze East block and on CRA -owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU) Classifications within the Heart of Boynton District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAE HEIGHT Mixed -Use Medium* 50 MU -2, MU -3 50 75' Mixed -Use Lew 20 MU -1 20 45' High Density Residential 15 R4, IPUD 15 45' Medium Density 11 R, IPUD Residential 11 45' Lew Density 7 5 R 1 -AAA, R 1-AAB, R 1 -AA, R 1'-A, R-1' ; Residential PUD 7.5 45, Local Retail Commercial n/a C-2, C-3, PCD n/a 45' General n/a C-4 Commercial n/a 45' Industrial Wa M-1 n/a 45' PPGIi n/a Public Usage n/a 45' Recreation n/a Recreation' n/a 45' 98 Page 385 of 675 Figure X: Recommended Land Use for the Heart of Boynton District 99 Legend Recreational iilifs # y, {ndusirial Law Density 5 duiac Medium Density tT durac High Dens ty 15 du+ac S[mual High Nnsity 20 dwac; 1_.il Retkail General Commercial �3t +ipSrl{1 Mixed UseLrativ 26 du;ac Mixed Use Medium -g du;ar.. '....... °fixed Use High Bit du?'ac Page 386 of 67 There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • Thecreation ofa HistoricCottage District adjacent to the proposed Cottage District. Where feasible historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLKJr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MILK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MILK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MILK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. MLK Commercial Multifamily Model Block Sara Sims Park— Ocean Breeze East Cottage _ District—District— Proposed Historic Cottage District 100 Page 387 of 675 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the ultimate expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. There are still several properties to be purchased to complete the plan. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi- family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRAs goal with this site is to attract a private development partner to build single-family for -sale homes in the style of the surrounding historic cottages. MLK Commercial Leveraging CRA -owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA -owned land, the CRA is seeking to attract a private development partner to build a multi -family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. qure Figure X: Ocean Breeze East Figure X: Cottage District 101 Page 388 of 67 Figure X: Example MLK Commercial Project 102 Page 389 of 675 Figure X: Example MLK Multi Family Project 103 Page 390 of 67 104 Page 391 of 675 1 xlustri,q I Q ft D ia introduction Planning Challenges Planning Considerations The Vision Recommendations 105 Page 392 of 67 Prior to this Plan, the Industrial Craft District has never been included as part of a Community Redevelopment Plan. The 49 acre area is entirely comprised of industrial uses. However, there is a burgeoning arts scene utilizing some of the existing warehouses for art studios. It is the goal of the CRA and City to make necessary investments to the Industrial District to ensure its economically sustainable. The Industrial Craft District is located in the westernmost area of the CRA district, bordered to the east by 1-95, to the south by Boynton Beach Boulevard, to the west by West Industrial Avenue, and to the north by the C. Stanley Weaver canal. The area directly to the west of the District is a single-family neighborhood with minimal buffering against the industrial use. Figure X: Industrial Craft District Location Map EL)a�a as auuauuuuu)uuuu!u a The Industrial District is an area of older warehouses build in the 1960' — 1970's. There are some newer buildings interspersed throughout the District. Many of the buildings have not been upgraded and are not well maintained. While the District has easy access from both 1-95 and Boynton Beach Boulevard there is little visibility from either roadway. There is no signage identifying the District. Some of the business use the public right -of way along the roads to store broken equipment causing the area to appear uncared for. Because there is a lack of parking for the businesses, the right-of-ways are used to store vehicles and staff and customer parking. Much of the District suffers from insufficient street lighting making the area feel unsafe in the evening. There are some sidewalks where newer buildings were required to install them, however the majority of the area is lacks sidewalks forcing pedestrians to walk in the street. The emerging art district, while being an opportunity for the City and CRA, is also a challenge. Current Zoning Regulations allow for artists' studios, but do not permit art galleries in industrial areas, which would enable the District to evolve into a unique industrial crafts hub. Additionally, this old industrial area is lacks public improvements necessary to safely accommodate the public and related events. As described above, the area is deficient in parking, lighting, and sidewalks which make for an unsafe environment when combining the public with industrial traffic. Lastly, although the art production process (i.e. involving industrial materials and processes), 106 Page 393 of 675 qualifies as industrial use by current Zoning Regulations, the art district represents competition for space that the City may intend to reserve for the more traditional service and manufacturing business that support the tax base, employment and other economic objectives of the City's Economic Development Program Figure X: Planning Challenges Example Figure X: Planning Challenges Example aLLggq�qi�iqqliquuau u1iuudI( uu1iuu Principal considerations in evaluating the redevelopment potential and vision for this District, include its location, the relatively new art district that has been established, and the types of businesses that would represent a successful symbiotic relationship between the industrial and art worlds. The location of this District is an important consideration given its partial visibility from 1-95, and ideal access from all directions given linkage with Boynton Beach Boulevard and direct access to a state road interchange. There is the opportunity for very visible wayfinding signage and branding. Traffic counts on Boynton Beach Boulevard and at this interchange have warranted the State DOT to plan for a major expansion, which confirms high public visibility and access to this District. As indicated above, an arts district has emerged in this industrial area. This occurrence is common, as seen in other cities where there is the existence of local artists, available older warehouse space, and affordable rents. Although this occurrence has its negative aspects, an arts district can contribute toward the City's image and local cultural tourism, as well as motivate investment in public infrastructure that the area needs. Also related to the presence of the arts district is the opportunity to continue bridging the gap between the art industry and traditional industrial uses with an evaluation of and amendments to the Zoning Regulations. The City's plan for preserving and expanding lands available for industrial use may warrant the establishment of a boundary intended to limit the growth of the arts district which also maintains the appropriate balance of land uses in the District. 107 Page 394 of 67 V` s� on The goal of this Plan is to ensure the development of the Industrial Craft District as a viable, modern industrial crafts district that will accommodate a range of uses and businesses while providing economic benefits for the City. t Streetscape enhancements • Create branding elements including entry and wayfinding signage • Review LDRs for revisions to the sign code to allow for signage to be visible from 1-95 • Installation of public art at Boynton Beach Boulevard • Landscaping enhancements • Installation and repair of sidewalks • Addition of on -street parking • Installation and enhancement of vehicular and pedestrian lighting • Construction of buffer wall between the single-family neighborhood and industrial area The existing Future Land Use Classification within the District is Industrial; no changes to the Land Use are recommended. The existing permitted uses shall be expanded to include new uses that would complement promote the unique character of the district. Introducing flexibility into the City code relative to permitted uses will help to attract young entrepreneurs. Entrance enhancements • Signage • Unique bus strap shelter • Public art location ------- Figure X: District Enhancements Future Land Use 108 Page 395 of 675 5'Rdewa9k 1 5'- 10'Svwale I 1,0'Pardflel, Parkirig 1 12' One -Way Figure X: Example West Industrial Ave. Section 109 Page 396 of 67 E. Implementation Guide Introduction Planning & Policy Development & Capitol Projects Initiatives & Programs Introduction The Implementation Guide is comprised of projects critical to the implementation of this plan organized in the following three sections: Planning & Policy, Development Projects, and Programs & Marketing. • The "Planning and Policy" section covers the amendments to the City's Comprehensive Plan and Land Development Regulations, which constitute the regulatory framework for the implementation of the Plan. In addition, this section includes follow up actions aimed at enhancing readiness for private investment of selective redevelopable properties by changing their land use and zoning to reflect the Plan's recommendations. • The "Development Projects" section focuses on the specific on -the -ground actions, including the preparation work for the Town Square Project, property acquisition for parking structures and streetscape improvements, signage and entry features as well as establishment of CRA incentives for bringing in desirable development. • The "Initiatives and Programs" list other actions to be undertaken by the CRA as a City's economic development organization, such as marketing, business development and special events. Taken as a whole, the projects identified within this Guide provide actions and mechanisms intended to directly and indirectly spur new investment and development within CRA Planning & Policy Consultant may be hired by CRAto complete this, task Page 399 of 675 Proposed Responsib Funding Highest ID Project Manse Project Description le Parte Source Priority Amend Comprehensive Plan s. Future Land Use P 1 Comprehensiive Element to implement the Future Land Use City City Plan Update classification structure recommended by the CRA Plan Land Review Land Development Regulations and generate P-2 Development recommendations to ensure consistency with the CRA Staff/CRA' CRA Regulations Audit Plan;, Amendments to F-3 Land Implement recommendations produced bythe LDR's Staff/CRA' CRA Development audit Re Matrons Review of H eig ht Exce thin Ado tion of R-4 Zoninq Distrust Priority Land Ado tion of M'U-4Zoning District Ado tion 1 revisiion of Ocean Ave. Gverla P-4 Development Staff!CRA u. Ado tion of the Boynton, Beach Blvd OverlayStaff Regulations Amendments. Adoption f revisiions of Sustainable Development regulations Review of Resiidential Compatibility standards P-5 Transition work Establish district -by -district work plan; pnontize Staff/CRA city Plan redevelopment sites City4nitiated FLU Execute FLU amendments and rezg-R, for sites P-6 and Zoning for deemed to be. a priority for redevelopment City City Key Sites Create and adopted a Complete Streets Guideline P-7 Complete Streets that will provide roadway and pedestrian area design StafVCRA CRA requirements for major roadways within the CRA Conduct a study of current and future parking needs: P- CRA District within identified areas of the CRA District and make CRA CRA Parking Study recommendations of how and where to create public or shared parkiing... Consultant may be hired by CRAto complete this, task Page 399 of 675 Development & Capitol Projects Initiatives & Programs Proposed Responsible Funding Highest ID Project Name Project Description Party Source Priority 11-1 Workforce A public/private partnership to redevelop the Cty- City City D-1 Town Square owned 165 acres at the western end of the Cultural Cfty/CRAITBD Cty/CRA/TBID 1-2 Land Assembly District area. The project will include new civic and CRA CRA Assistance private uses;_ Development Creation and adoption of financial[ incentive programs D-2 Incentives to attract higher paying jobs, hotels, public parking and CRA CRA full-service grocery stores to the CRA District D-3 Land Acquisition, Continue to acquire land in strategic locations to CRA CRA 1-4 Development implement the goals of the CRA Plan CRA CRA Parks, Plan for and implement parks, greenways and eco D-4 Greenways and trails , within. the CRA to enhance quality of life for CRA CRA Eco trails residents D-5 Public Parking Acquire property, analyze financing options and issue CRA CRA Structures Request for Proposals for development Streetscape Acquire easements and ROW where needed for D-6 Easement and streetscape improvements CRA CRA [-6 ROW Acquisition emerging businesses within the CRA Distrrct utilizing CRA CRA D-7 Affordable Create programs, and policies to support the CRA CRA Housing development of affordable housing D-8 CRAWayfinding Design and construct a uniquely branded yW CRA CRA 1-7 Signage Design, program for the CRA and each District CRA CRA D-9 Critical Street Target, design, and build critical street crossings, CRA CRA Crossings throughout the CRA Boynton Beach Continue to provide financial investment to improve, D-10 Entry Feature at Design and build a unique entry feature at 1-95 CRA CRA 1-95 ensure its ongoing success,. Initiatives & Programs Page 400 of 67 Proposed Responsible Funding Highest ID Project Name Project Description Party Source Priority 11-1 Workforce Reviewlamend the City's; k,Vo,rkforce Housing City City Housing Ordinance 1-2 Land Assembly Create pro -grams that remove barriers to land CRA CRA Assistance assembly Clean and Safe Implement projects that , 1-3 Pro -gram. Policing, Code Enforcement and Litter Reduction to CRA CRA im p rove the ap pearan ce of the CRA District. Business Support CRA Economic Development Pro -grams, to 1-4 Development provide incentives to, expand existing businesses and CRA CRA Program to recruit new businesses to the CRA District. Marketing and promotion:,ali initiatives utifong various Marketing media outlets to market the CRA Di,stri,ct and its, 1-5 Initiatives assets, to showcase redevelopment efforts, programs, CRA CRA and incentives, special events and available redevelopment opportunities - Small, BLESiness Marketing and promotion of existing and new or [-6 Marketing emerging businesses within the CRA Distrrct utilizing CRA CRA Program various media cutlets to encourage long range success. Create and implement unique special events, and 1-7 Speci�al, Events, community activities that showcase redevelopment CRA CRA Programs efforts and opportunities as well, as existing businesses within the CRA District. Boynton;Harbor Continue to provide financial investment to improve, 1;-8 Ntarra maintain and promote this unique capital asset to CRA CRA ensure its ongoing success,. Page 400 of 67 Existing Future Land Use Map 110, Page 403 of 675 Legend ty}'�ts ilrts��s{� . »lrts £ RpcIeatIonaI (; sl In.du stri a I nsfituationa I _. Medium Density 10 du..rao High Density 11 du/so Speoial High Density 20 duluz I � office i, Retail GtP,eFa1 Cr,911i f,fC 01 Mixerl Use 40 dWan lKII.md Use Cara. LID duiac: FCD North ederal Hwy .Boynton Beach Blvd _ Ocean Ave. rill Woolbright Rd Is Page 404 of 67 i t Y Recommended Future Land Use 118 Page 405 of 675 SM Recreational Industrial - ----------------- --- -- Low Density 5 dulac Medium Density 11 du/ac High Density 15 du/ac: Special High Density 20 du/ac Retail General Commercial Mixed Use Low 20 du/ac Mixed Use Medium 40 du/ac = Mixed Use High 80 du/ac TCDD 119 -4 -Federal Hwy 0 – – – Woolbright Rd Page 406 of 67 K, MAMTMAWIIII, R Recommended Connectivity Plan 120 Page 407 of 675 — — — — — — — --- Complete Streets Streets Bike Lanes Bike Laneb, Greenways Parks 'oint of interest Page 408 of 67 Workshop Polling Results Page 409 of 675 1. Do you think the CRA should fund connectivity improvements? The participants were presented with a list of proposed connectivity improvements, including: (i) complete street design for selected facilities; (ii) greenways connecting parks and acting as buffers between land use categories; (iii) ecotrails connecting conservation and pedestrian areas; and (iv) bike lanes. Workshop # 3: The majority(90%) said "yes" Workshop # 4: The majority (85%) said "yes" 2. Which do you feel needs the most improvements: pedestrian (sidewalks); bike/park facilities; vehicular (streets); none; all of the above? Workshop # 3: The majority(56%) felt that "all of the above" need improvements; 26% felt that pedestrian infrastructure need them most and 10% thought street do. Workshop # 4: The majority (56%) felt that "all of the above" need improvements; 26% felt that pedestrian infrastructure need them most and 10% thought street do. 3. Do you agree with the new land use structure? Participants were shown a table with the proposed changes to the current future land use classification structure Workshop # 3: Some 49% of the participants agreed; the remaining responses were equally divided between those who did not and those unsure. Workshop # 4: The majority (83%) agreed. 4. Do you think that the new zoning districts are beneficial? Participants were shown a table with the modified future land use classifications and the corresponding changes to zoning districts. Workshop # 3: Some 49% of the participants thought they were, while 41 % thought that they were not. Workshop # 4: The majority (74%) thought they were beneficial. Boynton Beach Boulevard M tftt 5. Do you think Boynton Beach Boulevard should be a Complete Street? The participants were shown a rendering of the eastern section of Boynton Boulevard (between Seacrest Boulevard and US -1), improved with a landscaped median, bike lanes and a wide landscaped sidewalk with benches. Workshop # 3: The majority (90%) said "yes." Workshop # 4: All of the respondents said "yes." 6. Is this type of transition between commercial and residential uses appropriate for this portion of Boynton Beach Boulevard? The participants were asked to respond to a rendering showing a wall and a landscape buffer separating the proposed commercial redevelopment fronting on Boynton Beach Boulevard from the single family neighborhood to the north. Workshop # 2: The majority (78%) said "yes." 7. Would you like to see improved commercial spaces on Boynton Beach Boulevard, west of Seacrest Boulevard, and is the example shown appropriate design for Boynton Beach Boulevard, west of Seacrest Boulevard, and is this scale and type of redevelopment appropriate for this portion of Boynton Beach Boulevard? Before responding to questions #7,#8 #9, the participants were shown: • slides assigning density, height, uses and selected design features for different sections of the area; • a rendering of the subject section of Boynton Beach Boulevard lined with one -to -two story retail/ commercial buildings, with a setback allowing for a sidewalk, landscape buffer and public space fronting the buildings to accommodate outdoor seating for restaurants. Workshop # 3: The majority (84%) would like to see improved commercial spaces and 79% thought the design was appropriate. Workshop # 4: The majority (89%) would like to see improved commercial spaces and 57% thought the design was appropriate, while 27% disagreed. ...as worded above was only asked at Workshop #2; the majority (70%) of agreed that both the scale and type of redevelopment were appropriate. Page 410 of 67 ulturall Mstftt a street corner, with outdoor restaurant seating, and two tall (over 10 story) residential buildings placed at 8. Would you like to see more restaurants a significant setback from the commercial component and retail on Ocean Avenue? facing the street. Workshop # 3: The majority (81 %) said "yes." Workshop # 3: The majority (51 %) disapproved of the Workshop # 4: All of the respondents said proposed scale while 45% thought it was appropriate. "yes." Workshop # 4: The overwhelming majority (96%) found the scale appropriate. 9. What do you think is an appropriate building height fronting Ocean Ave — 35 feet, 45 feet, 65 feet, or 100 feet or over? Federall fthwa �ustruct Workshop # 3: The majority (62%) thought that 35 feet was an appropriate height, while 24% supported a height of 45 feet; 8% and 6%, respectively, favored the last two choices. Workshop # 4: Some 30% of respondents thought 35 feet to be appropriate, an equal percentage of respondents (32%) chose a height of 45 feet and 65 feet, and 5% favored a height of 100 feet or over. Downtown Mstftt 10. Do you support improving the connectivity between Boynton Beach Boulevard and Woolbright Boulevard, along Federal Hwy and SE 4th Street? The participants were presented with a list of improvements benefiting connectivity and enhancing the streetscape along both streets. Workshop # 3: The majority (88%) said "yes." Workshop # 4: The majority (83%) said "yes." 11. Is ensuring a superior environment on 4th Street and Pence Park Important? The rendering showed to the participants depicted three-story townhomes fronting SE 4th Street, responding to a concern that the residential components of mixed-use development fronting US -1 would back onto 4th Street. Workshop # 2: The majority (61%) said "yes,"while the remaining responses were equally divided between "no" and "not sure" (both at 19%). 13. Do you think efforts should be made to improve the walkability of Federal Hwy? The participants were presented with a list of potential streetscape improvements, including widened sidewalks, enhanced lighting, an addition of street trees and of safe street crossings. Workshop # 3: The majority (88%) said "yes." Workshop # 4: The majority (93%) said "yes." 14. Would you like to see more community commercial on South Federal Hwy? The participants were shown a rendering picturing one - and two story commercial buildings along the South Federal Highway, placed at a significant set back from the street, with on -street parallel parking and enhanced landscaping. Workshop # 3: The majority (53%) supported additional commercial uses, while 46% opposed the idea. Workshop # 4: The overwhelming majority (93%) would like tosee more commercial uses. 15. Do you want commercial uses fronting the entire length of North Federal Hwy? (In addition to "yes," "no," and "I am not sure," the fourth option was only at the Gateway Boulevard intersection.") Workshop # 3: Some 42% of participants responded positively, 21 % rejected the idea and 28% selected the Gateway Boulevard option. 16. Do you think commercial uses should be optional as a part of a Mixed Use Low project? 12. Do you think this building scale is appropriate for a Downtown? Workshop # 3: The majority (69%) thought so, while The participants were shown a rendering 27% opposed the idea. depicting one- and two story retail uses lining 124 Page 411 of 675 Heart of Boynton MsWct 17. Is this Scale and Type of Infill Appropriate for Martin Luther King Jr. Boulevard in the Heart of Boynton District? The rendering showed two -to -three story townhomes facing the street, with a sidewalk, on -street parking and landscaped islands. The majority (72%) said yes. Workshop # 2: The majority (72%) said "yes." 18. Would you like to see more community retail in the HOB? The participants were shown a rendering of the Seacrest Boulevard/ Martin Luther King, Jr. Boulevard intersection featuring a grocery store/ retail uses with outdoor restaurant seating on the north east corner, across the street from the existing Family Dollar. Workshop # 3: The majority (88%) said "yes." lndusWall Craft MsWct 19. Is this type of transition between industrial and residential uses appropriate for this portion of the Industrial/Craft district? The participants were asked to respond to a rendering picturing a multicolor wall separating the district from a residential neighborhood to the west. Workshop # 2: The majority (78%) said "yes." 20. Do you support the CRA funding the proposed streetscape improvements? The participants were presented with images of the proposed improvements, including on -street parking, utilities placed underground, and sidewalk repair/ additions. Workshop # 2: The majority (85%) said "yes." Workshop # 3: The majority (86%) said "yes." 21. Do you support the addition of new industrial craft uses? Workshop # 3: The majority (89%) said "yes." 22. Do you support encouraging arts uses in the Industrial Craft District? Workshop # 2: The majority (74%) said "yes." 125 Page 412 of 67 Existing Conditions 1210 Page 413 of 675 Page 414 of 67 Page 415 of 675 ,n .r 710 N, F de ra r € g way x BCY TCr , BEAC k-0 Page 416 of 675 .�r1C�f�if�i jIN0 D u CT 10 N...a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a.5. About the Boynton Beach Existing redevelopment The B SOCIO-ECONOMIC C O POPULATION AND HOUSING Population Estimates and Public Art Population Characteristics,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11 Race and Age and Household Composition .......... .............16 Education and Income 17 Home Age of stock Residential Property values,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,25 Single -Family Homes Town homes .26 Condominiums and Cooperatives 00 Rental Apartment SELECTED ECONOMIC INDICATORS Employment by Industr}[........ 30 Household Effective Buying Worker Commuting C �Uu u f IE I. -AND USE AND ZONING C ONt� Future Land Use and TCEA and Coastal Residential B UHj � j 1' "� � j �q.".,ra; ,,., j z Current Userofil,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,a5 City- and CRA owned Inventories Historic Public Art 66 E x N f ASf UCUf & C _ Water, Wastewater and sewer improvements ........................,®„86 Identified substandard areas 87 Reclaimed Roads92 Pavement Street Lighting 92 Median Landscaping 92 93 93 Page 417 of 675 m Figures A. M������������M��� � .~. ~.~.~~.�~�~°~�.~.�.~_____________________________________��_ B, SOCIO-ECONOMIC CONDMTMONS9_ 43 Figure 1: 2O1OCensus Block Groups _______________________________1� Land Uses Downtown Figure 2:Transportation Analysis Zones ____________________________13 Figure 14a: Figure 3: PercentB|ache_____________________________________14 Figure 4: PercentHiepanice__________________________________15 Land Uses Northern Section Figure 5: Median Age _18 Figure 15a: Figure 6: Population Over Figure 7:One-Person Houe�ho|de________________________________-�O Land Uses Southern Section______________________________5O Figure 8: Population with Bachelor's Degree orHigh�r______________________�1 Figure 16a: Figure 9: Median Household Figure 1O:Home Ownership Rate ________________________________-�8 Vacant Qtv8' Figure 11:Commute of 3OMinutes or More _______33 Figure 18: C, FUTURIE I AND USE AND ZONING CONDITIONS 37 Figure 12:Future Land Use ________________________________-�.40 Figure 13: D, B UMI 1' ��0 IN DMnONS 43 Figure 14: Land Uses Downtown Figure 14a: Commercial Uses Downtown Figure 15: Land Uses Northern Section 48 Figure 15a: Commercial Uses Northern Figure 16: Land Uses Southern Section______________________________5O Figure 16a: Commercial Uses Southern Figure 17: Vacant Qtv8' Figure 18: Historic Properties Figure 19: Parks Figure 20: Public Art ...... 67 Diagram 1: Structures Inventory- Federal Diagram 2: Structures Inventory- Federal Diagram 3: Structures Inventory - Diagram 4: Structures Diagram 5: Structures Inventory- |nduetha|____________________________77 Diagram O: Structures Inventory- Boynton Beach Blvd. -70 Diagram 6: Structures Inventory- Heart of �, MN����������������������M�M���� 85 _ -- --_ __ _ '___ CONDITIONS _ Figuna21:UU|hUee|rnprovernenteNorthennSecUon________________________. �8K8 Figure 22:Utilities Improvements Downtown ���cton______________________�K� Figure 23:Utilities Improvements Southern ���cton_________________________S1 Figure 24: ROadQ���UD��tO��__________________________________S4 Figure 25:��|�y�__________________________________________�� Figure 26: Sidevva|h|nv�ntory_________________________________SO Figure 27: Bus RDUte_____________________________________g7 Page 418 of 675 Page 419 of 675 AboutI MA� Beach Existing Redevelopment Plani Page 420 of 675 About thie Boynton Beach, CRA Under Florida Statute Chapter 163 Part 111, local governments are able to designate parts of their after a determination that "slum and blight" criteria have been met. Examples of conditions that can support the designation include, but are not limited to, the presence of substandard or inadequate structures, a shortage of affordable housing, inad- equate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity determines that the required conditions exist, the local government may create a Community Re- development Area to provide the tools needed to foster and support redevelopment of the targeted Consistent with state law, in May of 1982 the City of Boynton Beach declared the downtown area, generally encompassing the Central Business zoning district, to be "blighted," and subsequent- ly created the Community Redevelopment Area (CRA), and the Community Redevelopment Agency to administer its programs and activities (Resolution 82 -KK). The boundaries of the orig- inally designated area were expanded shortly thereafter, in October of 1982, by Resolution 82 -BBB. As per state requirement, the redevelop- ment plan for the "Downtown Boynton Beach" was adopted in 1984 (Ordinance 84-32). Following the same "slum and blight" determina- tion process, the City implemented another small 84-11). Two other significant expansions of the CRA followed in 1987 and in 1998. - The 1987 expansion included a 519 -acre area bounded by the C-16 canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west (Resolution No. 87-QQQ). The updated CRA redevelopment plan with the expanded area was adopted in December of 1989 (Ordinance 89-49). This area is referred to as the Heart of Boynton. 6 -The 1998 expansion was approved by Ordinance 98-33. It includes areas along the Federal Highway south and north of the downtown, and a small industrial area west of the Interstate 95. Concurrently, the City adopted a #^ ## -,# Ian for the ex-,#anded area named "Boynton Beach 20/20 Redevelopment Master Plan." This plan was superseded by several plans developed after the year 2000. Today, the CRA encompasses 1,650 acres. Durir01 the years following the last expansion, morela has been added as the City approved redevelo * parcels on the south end of Federal Highway. Existing RedevelopiTnent Plans Currently, there are four adopted plans guiding re- development within the CRA area and a never -ad - Corridor. The adopted plans include the Heart of Boynton Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Downtown Vision and Master Plan. =_j r warjww�E pialls, allit. alej Wiriel 6111,9111.1 111 LCIIII6 UI LIIC 6W.Fe and focus. Below is the short overview of each plan: - The Heart of Boynton Plan was updated in June of 2014 (Ordinance 14-008). The planning area consists of the area updated by the 1989 plan. The original plan for this area was adopted in December of 2001, under the community selected name Heart of Boynton. The planning process involved extensive public participation, including five charrettes. Strategic Planning Group, Inc. (SPG) led the effort, in partnership with the RMPK Group and JEG Associates. The 2014 update was completed in-house by the City -CRA planning team. The team held a meeting with community stakeholders to obtain input on proposed redevelopment options. The plan generated eleven recommendations, including land use and land development recommendation changes allowing for an increase in intensity of development in selected areas east of Seacrest Boulevard. There is a minimal design and archi- tecture section included within the plan. Page 421 of 675 Redevelopment Plan is a June 2006 update to the original 2001 plan, which was developed to include the Federal Highway Corridor's CRA expansion areas referred to as the North Subarea and the South Subarea. The plan divides the corridor into five planning areas, and delivers analyses and subsequent redevelopment strategies for each area. The plan update does not revisit two original market analyses, the first one supporting a potential for a convention hotel, and the second additional retail and office space in the downtown area. It also makes few changes to the original recommendations. Although the plan does not include an urban design and architecture section, the recommendations call f#r tXe cre,2t*k #f st2A4.24.s 2A(e eesiglk guidelines for bulk and building massing as well as for .9rc'iiteCtLir.9I­Viaites. - The Ocean District Community Redevelop- ment Plan was created in-house by an urban design- er -led planning team and was adopted in February 2004. The plan features two alternative redevelop- ment scenarios for the District with detailed design recommendations for each. The plan's main focus is the City -owned land which represents 40% of Ocean District's total area. This area is referred to as the Town Square -Public Campus. The plan also includes design concepts the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as for the area adjacent to the FEC and the single -and multi -family areas. The planning process included two in-house workshops and two public workshops for community stakeholders. Aside from the alternative subsection designs, the plan includes four broad recommenda- tions suggesting changes of land development regu- lations as well as creation of signage and of design recommendations for structures and street furniture. - The Downtown Vision and Master Plan, adopted in January 2009, is an update of the original 1984 Boynton Beach Community Redevelopment Plan. The planning process was headed by EDAW, Inc. consulting group in partnership with AECOM, Inc. and ERA, Inc. It involved stakeholders and City residents though a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district around the future transit station, cultural and civic campuses anchored by government services, T1W Ittw&_9• dMfilwi4*i 4,6140 Boulevard and the Federal Highway linear park and gateway. The plan analyses focus on urban design, but comprise also regulatory assessment and economic and market considerations for the overall area as well F. N M W37. 5101 no a I NTM =0 LTA r =Z= Aside from the plans reviewed above, the CRA has a never -adopted draft Boynton Beach Boulevard Corridor Plan, and two additional documents to support redevelopment efforts; the Urban Design Guidelines manual, adopted by the CRA Board in 2006 the 2005 Bo,,,,nton Beach Communit,,,, Redevel- opment Agency Economic Development Plan and th4 2006 CRA Housing Needs Assessment. Thle Goal The goal of this eiTort is to amend, restate and con- solidate all CRA plans into a single document. While separate "districts" have been identified and may warrant individual attention because of their specific character and unique issues, staff aims to create a consistent, comprehensive urban design framework for redevelopment strategies in the CRA area. The consolidated plan will therefore present clear overall vision for the entire area, easy to understand by the mt4- - • fr4#4 r?k tunities for successful projects. Page 422 of 675 Page 423 of 675 I Population Estimates and Projections Population Characteristics Race and Ethnicity Age and Household Composition Education and Income MURNOail —1 Home Ownership Age of stock Residential Property values Single -Family Homes Townhomes Condominiums and Cooperatives Rental Apartment Properties SELECTED ECONOMIC INDICATORS Employment by Industry Sales 9" 5 [via WWORMIRMIN1111M Page 424 of 675 Methodology. Current population numbers and projections for the study area covered by the CRA Co solidated Redevelopment Plan are based on two sources: the U.S. Census and the 2013 Palm Beach I County's Population Allocation Model. Whereas for the U.S. Census, the geographical units are Block] Groups, the Population Allocation Model employs Transportation Analysis Zones JAZs). Some of the geographical units are only partially enclosed within the CRA boundary (see Figures 1 and 2 on the following pages). Unless otherwise specified, the term "extended" CRA or a study area is used through- out the report to indicate that the information includes data for those parts of Census tracts, Census blocks or TAZs which are located outside of the CRA. Population characteristics data draws on the Census'American Community Survey 5 -year (2009-201:1 estimates, or, in cases of large margins of error for small samples in that dataset, on the Census 201 11 figures if available. Population Estin-lates and Prollections Since Traffic Analysis Zones No. 402, 403, 509, and 520 (bolded and italicized in Table 1) are only partly located within the CRA area, the total current and projected population figures include a signif- icant number of people residing outside of the CRA boundaries. For example, using 2013 estimates of CRA -only population for the aforementioned zones (based on the Census block group population 111 1 1 !Ipli I !I Source: 2013 Population Allocation Model. Note: TAZ No. 484 has no population and thus is not included. 10 Page 425 of 675 18,734 19,125 19,833 21,315 23,916 26,380 28,520 Source: 2013 Population Allocation Model. Note: TAZ No. 484 has no population and thus is not included. 10 Page 425 of 675 1�;t!!111 � I qij�111;;11 III III I 1 1 11 S 0 4 •1111101 111111111 17111111 M 10MITUMM F-111 Fal i M-5511 I i or -11M Fill 011 R I a=. 13 iffieffilM MAN Population Chiaracteristics Race and Ethinicity The extended study area has a significantly lower percentage of White residents (51.9%) and a higher per- centage of Black/ African American residents (41.6%) than the City as a whole, but a similar share of Hispanic population. As Table 2 shows, Block groups 61.002 and 61.003 (the Heart of Boynton community) are predominantly Black/ African American, with 91 % and 89.4% of Black population, respectively (see also Figures 3 and 4). Areas located east of Federal Highway are predominantly white. TABLE 2. The largest race and ethnic groups as percent of total population by Census block groups, Census 2010 BLOCK GROUP POPULAMON Percent White Percent BlackJAfrican American Percent Hispanic/ Latino 57..014 557 34..5% 57.3% 18-7% 57.022 2,544 32.4% 59.7% 12.5% 57..024 1,043 89..0% 5-7% 10-9% 61..001 978 88..8% 6_7% B..6% 61..002 1,607 5-1% 91..0% 4.7% 61..003 1,141 6_4% 89..4% 6..4% 62.011 2,384 38.8% 52.4% 17.2% 62.012 1,069 50.7% 41.9% 18.0% 62.021 1,236 80.8% 12.0% 17.4% 62..022 874 96.1% 1-6% 1.2% 62.031 1,002 57.9% 30.2% 16.5% 61001 861 79..S% 14..5% 14-9% 63.004 949 94.0% 2.8% 3.8% Total Area 16,245 51.9% 41.6% 11.9% Citywide Census 2010 68,217 62.4% 30.3% 12�8% Cilywide ACS 2008-201 13 69,257 .1 62.2% 31.5% 12,0% Note: One race only. Block groups bolded and italicized in Table 2 are only partly located within the CRA area. Block groups 57.023 and 60.121 are not included, as they CRA -enclosed sections do not have residential uses.v Page 426 of 675 CENSUS 2010 BLOCK GROUPS wholly or partially enclosed within the CRA boundary Page 427 of 675 TRANSPORTATION ANALYSIS ZONES wholly or partially enclosed within the CRA boundary 13 Page 428 of 675 POPULATION OF ONE RACE - BLACKS/AFRICAN AMERICANS as percentage of population, by Census Block Groups, Census 2010 L r Legend 1.6%-6.7% 6.8%-21.0% p21.1%-30.2% 30.3% -41.9% 42.0% -59.7% 59.8% -91.0% CRA Boundary BNd( t� Note: Citywide percentage of (' Blacks/African Americans is 30.3%. 0 437.5 875 1,750 2,625 3,500 Feet Figure 3 Page 429 of 675 0 HISPANIC/LATINO POPULATION IN NUMBERS AND AS PERCENTAGE OF TOTAL POPULATION by Census Block Groups, Census 2010 Legend 17-1 0.032000 - 0.047000 0.047001 - 0.086000 0.086001 - 0.149000 Em 0.1 49001 - 0.187000 lmmmrm CRA Boundary Note: Citywide percentage of Hispanic/Latino population was A'.hm 12.8%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 4 Page 430 of 675 Alt -']e ianid 'Househiold Coinposition TABLE 3. Median age and selected age categories as percent of total population by Census block groups, Census 2010 BLOCKPercent GROUP POPULA-nON under 18 ars of age Percent 65 years and over Median age 57-014 557 29-4%o 3-44°o 31-8 57.022 2,544 22.8% 16.9% 41.5 57-024 1,043 14-90% 2 0_6 47-6 61-001 978 10-9%0 16.. 8 �lo 47-8 61-002 1,607 24-7%o 15.70% 37 61-003 1,141 2 9-20% 8-70% 32-7 62.011 2,384 26.5% 6.2% 32.5 62.012 1,069 21.4% 7.1% 35.6 62-021 1,236 13_7%o 1 2_2 Oi'o 38-1 62-022 874 _9% 6 9_5 ,D 72-2 62-031 1,002 15-6%o 3 6.7 �lo 50-4 63-001 861 14-5%o 12.30% 35-9 63.004 949 3.5% 53.1% 66.3 Total Area 16,245 19.1% 19.3% X Citywide Census 2010 68,217 19,3% 21.4% 4t9 Cityw AGS 12008-2013 1 69,257 1&7% 22.2% 413 1 A review of Table 3 and Figures 5 and 6, depicting population age characteristics, shows that area -wide numbers are likely skewed by numbers for four block groups only partly located in the CRA. The recal- culation of percentages for the CRA area without these block groups lowers the percentage of youth under 18 from 19.1 % to 17.5%, and increases the percentage of population 65 years and older from 19.3% to Generally, residents with the highest median age and the highest share of people 65 years of age and older occupy areas east of Federal Highway. Block groups in these areas also have a lower share of youth under 18, between 3% and 16%. Areas with the highest percentage of population under 18 include the eastern part of the Heart of Boynton district (29.2%) and the northernmost block group of 57.014. Block group 62.022 has the highest share of older population, nearly 70%. (Most of the area of this block group is occupied by the age -restricted Sterling Village condominiums.) Figure 7 shows the percentage of 1 -person households in the total number of households for block groups in the (extended) area under study. By and large, the highest share of 1 -person households coincides with areas with a highest percentage of population age 65 and over. For example, in the block group 62.022, persons living alone constitute 55% of all households, and 42% of these persons are aged 65 or older. 16 Page 431 of 675 Education and Incomle This section draws on data from the 5 -year pooling (2009-2013) of the American Community Survey's sam- ples. Because of the small sample size and significant margins of error, individual numbers should be interpret - TABLE 4. Educational achievement and median household income BLOCK GROUP Percent population POPULAMON 25 and older with a bachelor's or higher degree Median household income 57.014 557 26.0% 522.262 517.022 2,544 6.1% S30,821 57-024 1.043 47 _1% S3&897 61-001 978 N-7% 563.119 61-002 1-607 12_9% S22-0,09 61-003 1-141 10-1% 520-714 62 011 2,384 18.8% S44,955 62.012 1,069 11.3% S32,958 62-021 1.236 14-9'% S46-318 62-022 874 21-2% 532-875 62-031 1-002 183% 529-517 63-001 861 62-4% $49. 6 1 63.004 949 28.7% S46,381 Total Area 16,245 23.2% X City wMde 69,257 25.2% 44,390 Note: Bolded and italicized block groups are only partly located within the CRA area Even though the educational attainment of Boynton Beach residents has improved since 2000, the City lags behind in the "Bachelor's Degree or Higher" category with respect to the County's level overall as well as with respect to some of its neighbors. The data suggests that education level as measured by this category may be even lower within the (extended) CRA area: in 7 out of 13 area block groups, less than 20% of the population has a bachelor's or a higher degree. As Table 4 indicates, block groups 61.002 and 61.003, encompassing the Meart of Boynton District, are two of the three block groups with the lowest median household income. As expected, their residents have low level of educational achievement, with 13% and 10%, respectively, of population 25 years of age and over holding a bachelor's degree or higher. (See also Figures 8 and 9.) The relationship between education and income implied by the data is more complex for block groups with high median age and high percentage of one-per- son households. For example, one of the block groups in the second highest median household income (block group 63.001 with an income of $49,861) has the highest share of population with a college or an advanced degree; however, that is not true for a block group of 61.00, which has the highest income, but where only about one-fourth of residents hold a bachelor's or higher degree. Page 432 of 675 MEDIAN AGE by Census Block Groups, Census 2010 Note: Citywide median age Blvd I P was 41.9 years. A 0 437.5 875 1,750 2,625 3,500 Feet Figure 5 Page 433 of 675 CRA AREA POPULATION 65 YEARS AND OVER by Census Block Groups, Census 2010 B m c Old B vn1 zI V lalre C.._ Gondola Boynt n N ceanA .. WOce nA 24t 3.4%-9.3% M St v - w S 1st ve S 2nd Ave -. can M N -- 'N S 3rd ve O can Dr 25th PI ^ � � SW 41 Ave 111 N SW5tAve m 6th e J SW th e `Sty _ 3 Ln SW 7th Av '0 m` 12 m Z 8th A. e Co w .9th A e o, y N �'F - SW 10th A e o 2 h th o w v o Lr)� e \ J SW 2th A e w th Av 5 SW 3th A e N v W Woolbr R W c (brig t Rd - > Wo Ibri ht Rd ^ N rth Ivd m 1 m Main Blvd m L a o outh Blvd O1 SW 19t A '. q o to N U 'p a W S 2' 01 5 N 2t Mis in Hill 23rd Ave 2 3 W 2 rd Av N o f Rd 3.4% 24t 3.4%-9.3% M L - Y SW 24th; v - SW 25th Ave 1� ^ - —thA e N N N ti SE 25 hAvt �� nS 25th PI ^ SE26t Ave 5 _ 3 SE27th ve- a SE 27th Ct U a 6t3 ve ull3 rn N ^ E t m` SW 27th ve N W th Ter ^ w N .. SW 27th 27th I Sun th Ave 2 h th - 8t W 28th Av _N Sun et Rd Fn SE31sAe:... rt rDrN SW.3 thAe m = g» Mis in Hill d �jl;I,Ii !I1 N. a! < ^ S 3 p SW 35th Ave 1 oImmeme Ln 1111ulf tr 38thCt t se@ _ Neptune Dr '. 19 Ave La Legend 3.4% 3.4%-9.3% 9.3%1 -12.3% 12.3% - 20.6 20.6% - 36.7 36.7% - 69.5 ®� CRA Boundary Note: Citywide percentage of population 65 years or older was 21.4%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 6 Page 434 of 675 ONE-PERSON HOUSEHOLDS percentage of all households, by Census Block Groups, Census 2010 Legend 17.5% -19.6% 19.7%- 22.4% - 22.5%-31.4 31.5% - 39.2% 39.3% - 48.1 48.2% - 55.4 CRA Boundary -Note: Citywide percentage of Blvd X F 1 -person households was 34.3%. 0 437.5 875 1,750 2,625 3,500 Feet Figure 7 Page 435 of 675 a POPULATION WITH BACHELOR'S DEGREE OR HIGHER as percentage of population 25 years or older by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Legend 17-1 6.1% 17-71 6.2%-11.3% E3 11.4% -14.9% 15.0% -21.2% 21.3% -28.7% 28.8% -62.4% n»off CRA Boundary �❑❑❑� 1 - Note: Citywide percentage of BlvdA "g, - population with Bachelor's degree or higher is 25.2% A 0 435 870 1,740 2,610 3,480 Feet Figure 8 Page 436 of 675 MEDIAN HOUSEHOLD INCOME by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Blvd SE Legend 17-1 $20,714 - $22,262 17-1 $22,263 - $30,821 Q$30,822 - $32,958 Q$32,959 - $38,897 $38,898 - $49,861 ME $49,862 - $63,626 lmmmrm CRA Boundary Note: Citywide median household income is $44,390. 0 437.5 875 1,750 2,625 3,500 Feet Figure 9 Page 437 of 675 IV 'The estimated 2013 11 POPUlation within the CRA bOUndaries was approximately 12,000, IV 'The rlUmbers generated by the Palm Beach COUrIty POPUlation Allocation Model show a 52% projected POPUlation growth in the extended CRA area for the 2012-203,05 period, IV 'The CRA p0pUlation is approximately 52% White, 42% Black/African American and 12% Hispanic, IV Nearly one-fifth of all residents are 65 or older: the areas with the highest median age are located east of the Federal Highway, I The level of edUcation as meaSU :re by a percent ; people with a bachelor"s or higher degree is generally low, in '7 OUt Of 130 block grOUPS, less than 20% Of POPUlation achieved it, IV Median hOUsehold income is low in MUch of the area, in $ OUt Of 30 block h g e income s below $ bra 33G 3 c-w;g0 0 h 23 Page 438 of 675 HOUSING Homeownership The 2010 Census figures show that the study area had—at that time—a significantly lower rate of home- Pownership than the City as a whole. The current percentage for a few block groups may be lower still, as more rental developments were built in recent years. City-wide, the home ownership rate was 72.8% in the year 2000; it increased during the housing boom, and then proceeded to drop following the reces- sion and the ensuing lending restrictions. The block group 62.021 had, at 31.07%, the lowest share of owner -occupied housing in the area. The chief and relatively recent contributor to this tenancy profile of the area is the Las Ventanas communit with 494 rental units. Homes within the CRA were also more often designated for seasonal, recreational or occasional use. The share of such homes was high in the area east of Federal Highway: for example, in the block gro 62.022, the percentage of such homes was nearly 61 %. Since this means that they are only occupiedl part of the year, it lowers the potential pedestrian traffic, an important factor in creating a vibrant down town—one of the main strategic goals for the City. BLOCK GROUP 707AL NUMBER OF HOUSING UNITS OCCUPIED UN17S Percent owner- occupied Percent units for seasonal, recreational or occasional use 57.,014 283 225 69.4% 0..9% 57.022 1,190 921 47.3% 13.4% 57.,024 681 509 58.7% 9_01% 61.991 751 "1 2 9 56., 3% 21.,6% 61.992 587 521 64.,5% 0_01% 61.,0,03 454 4 3 9 "1 38.2% 01-11% 62.011 810 710 62.8% 0.7% 62.012 524 441 66.7% 4.3% 62.921 14049 635 31.7% 151% 62.522 1,038 0576 82.6% 601.6% 62.931 747 '034 37.,53% 27.,9% 610,01 669 480, 52.5% 123% 63.004 1,024 624 72.9% 36.4% Total Area 9,8,07 7','100 6.1% 16.8a Citywide C 20101 ensus 36,289 1 29,104 66.4% 1 ===j 9.2" Citywide ACS 2009- 2013 36,993 28,846 66.1% 11.7% E Page 439 of 675 Age of Stock The 5 -year (2009-2013) ACS survey indicates that about 60% of all area units were built prior to 1971. The highest share of older housing stock was in the block group 62.022; it was also very high in the Heart of Boyn- ton district, at 86% and 78%, respectively, in the areas west and east of Seacrest Boulevard. Residential Property Values This section draws on data provided by the Palm Beach County Property Appraiser's Office (see the Current Land Use Profile section elsewhere in this report for information on parcel -based use distribution). Single-family Homes There are 1,287 single-family homes within the CRA, with the median market value of $76,400 and an average (mean) market value of $157,636 (the significant difference is due to the fact that the values of the 97 high- est -value homes are much higher than most of the values in the set, with 16 homes assessed at more than $1 million.) MINE TABLE 6. Single-family market value distribution, 2014 I TABLE 7. Single-family taxable value distribution, 2014 TAXABLEVALUE Number Percentage of Cumulative. percentage MARKET VALUE of SF total number of Cumulative $ 50 K or more., but less than $1 GO K homes SF homes percentage Less than $50 K 208 16.1 % 16.1 % $50 K or m ore, but I,es s than $100 f 646 50.29/6 66.4 % $100ormore, but less than $200 190 14.84,E 81.2% $200 K or more: but I,ess than $300 70 5.4% 86.6% $300 K or more, but less than $500 76 5.99/0 92.5 % More than $500 K 97 7.5% 100.0°}0 I TABLE 7. Single-family taxable value distribution, 2014 TAXABLEVALUE NI um b er 0, f SF homes Percentage of total number of SF home Cumulative. percentage Less than $50 K 20 55.9011 55.Q% $ 50 K or more., but less than $1 GO K 286 22-2%' $ 10 0 or more, but less than $200 K 116 9_0% 8-7 -1 X00 K or more., but lesq- than 300 K 44 3APG' 90_6%' $300 K or more., but lesq- than $ 500 K 81 6_3%' 96_8%' IMore than $5G0 K 1 40 1 3.1 % I 10 0.0 1111� I I M Page 440 of 675 As Table 8 shows, only about one-fourth of all townhomes have a taxable value below $50,000, while 56% of single-family homes do. TABLE 8. Townhome taxable value distribution, 2014 TAXABLE VALUE townhome-S number of townhomes percentage Number of Cumulative TAXABLE VALUE number of condominiums percentage condominiums Condomliniumis and Cooperatives There are 4,485 condominium units and 245 cooperative units in the CRA multifamily buildings. The lat- ter are all part of Hampshire Gardens, an age—restricted community built in the 1960's (median taxable value $27,500). The median taxable value for all the condominiums is $58,300. Most of the condo stock consists of older buildings developed in the 1970's and early 1980's, with a median taxable value of $38,500. Newer condos, built since the year 2000, include Bayfront, Marina Village, Tuscany on the Intracoastal and Casa Costa. The median taxable value for these developments is $143,000. TABLE 9. Condominium taxable value distribution, 2014 26 Page 441 of 675 Percentage of total Number of Cumulative TAXABLE VALUE number of condominiums percentage condominiums 26 Page 441 of 675 K,,Iental apartment properties There are 197 parcels developed with small rental buildings containing less than 10 units; the majority of these properties consist of older duplexes, built in 1950's, 1960's and 1970's. Among the rental properties with 10 or more units (26 parcels, 12 owners), one-half were developed betwe 1957 and 1974 and include between 10 and 24 units. The only larger apartment development in this group Hatterras, with 6 buildings and a total of 72 units. i Larger and newer apartment communities include Manatee Bay with 180 units, recently completed Manatee Seaview Apartments (80 units), Peninsula (70 units), and Seabourn Cove (2 properties with a total of 456 units). Within the Preserve at Boynton Beach, 114 units in 9 buildings are included in an income -restricted apartment community, while units in the remaining 6 buildings sell as condominium townhomes. Of the first three developments, Peninsula is the most expensive, with 3-beom waterfront units renting for as high as $3,275 as of February 2015, compared to the $2,800 rent for a 3 -bedroom unit in Seabourn Cove. ffi Page 442 of 675 HOMEOWNERSHIP RATE by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Legend 31.7% - 38.2% 38.3% - 52.5 52.6% - 62.8% 62.9% - 72.9% 73.0% - 82.6% o��oo� v CRA Boundary 7i �I Note: Citywide homeownership J,^& rate is 66.1 N 0 437.5 875 1,750 2,625 3,500 Feet Figure 10 Page 443 of 675 'UMMARY OF KEY FINDINGS:, IV Some 60% of homes were bUilt prior to 1971, IV At 56,1%, the area had a significantly lower share of owrier-oCCLI pied homes than the Citv as a whole ICerISUS 010 The 2015 homeownership rate may be lower still, with 900 rental apartments bUilt since 2010, IV Some 1 %of es were e e r seasonal, recreational or occasional pUrposes: of a concern is a high share of SUch homes in the downtown area east of Federal High way, lowering the potential of achieving desirable pedes trian traffic, IV Median valUes of homes in all categories are low,'78% of single-family homes and condominiUms and 48% of wnhomes have a taxable valUe below $100 K, 29 Page 444 of 675 ��« ������� ECONOMICMN��M ��S The geographic unit for data in this section is a Census Tract. However, only two tracts -61.00 and 62.02—are completely enclosed within the study area. All of the remaining tracks transect the CRA boundary, extending west to Interstate 95; track 60.12 extends even further west, past the City bound- ary. The part of 60.12 enclosed within the CRA is a self-contained industrial area with a small but grow- ing arts "district." At the southernmost section of the CRA/City boundary, a 5 -acre section of Tract 65.01 is developed with three commercial properties; its remaining portion lies outside of the City. Except for the analysis of the commuting patterns, which uses ACS block group -based data, this sec- tion draws on the 3rd quarter 2014 Nielsen's Business Facts summary data (2 -digit NAICS). As Table 10 shows, the (extended) study area is dominated by small businesses, employing 20 or fe er people; on average, businesses employed about 7 workers. Tract 62.03, with two commercial nod on the southeast and southwest corners of Woolbright Road and Federal Highway, has, at 16.4%, th] TABLE 10.Establish ment-baaedemployment inthe extended study area CENSUS TRACT 57.01 57.0,2 160.12 61.00, 62.01 62.02 62.03 63.00 65.01 TOTAL Number of Firms" 35 119 X 296 436 178 129 367 X 1,560 Employment 259 502 X 1 95,1 3,390 917 1,030 3,203 X 11,252 Employment ------------- ------------ te *Except Public Administration. Note: No data for tracts 60.12 and 65.01 were included. The out -of -CRA part of tract 60.12 covers large commercial job centers around Congress Avenue and Old Boynton Road. With the total employment of8.811.itwould have skewed the summary statistics. 30 Page 445 of 675 Generally, employment densities as measured by number of jobs per acre are low. This is especially signifi- cant since most of the area within Census tracts 61.0, 62.01 and 62.02 is part of the Downtown Transit -Ori- ented Development District. The employment densities in these tracts are 3.11, 7.12 and 4.34 jobs per acre while the Community Center station, a model for the Boynton Beach Downtown TOD District, stipulates densities between 45 and 65 jobs per acre (see the 2012 Florida Department of Transportation's Florida TO Guidebook). I The industry with by far the highest share of total employment in 2014 was retail trade at 22.4%, closely followed by health care/socia I assistance at 20.5%. The share of the next two industries, accommodation/ food services and construction, was much lower at 11.9% and 7.7%, respectively. Of the two Census tracts fully enclosed within the CRA area, tract 62.02 has a relatively high concentration of the healthcare and social assistance jobs, and the highest share of professional/scientific and technical assistance jobs. (Tract 63.00 clearly dominates in healthcare employment due to the location of the Bethesda Hospital within its borders, but the facility is outside of the CRA.) Retail trade dominates in tract 61.00. 111M 111DAM.-I Mra-M-MONNIM M . 0 11� 0 1 0 1 IM IM WWI% I 1� KIINIKS1111 a MEM share of healtl�care'and professional jobs, generating higher per -job sales than establishments present in 62.01 (where the City Hall is located and 47% of workers are employed in public administration). TABLE 11. Employment and sales' density 3l Page 446 of 675 MOMMMMMMM MOMMMMM Sales per Acre in$ 3l Page 446 of 675 HOUsehold Effective BUYing Income Effective BugdU Income fEBOA also referred to as dms,,&�osable defined as income after taxes - as such, it represents an area's purchasing power. (The Buying Power Index (BPI), not calculated here, is based on a formula which includes effective buying income as well as population and retail sales.) Table 12 shows EBI density—aggregated household effective buying income per acre—for Census tracts in the extended study area. TABLE 12.Household Effective Buying Income TRACT 67.0 1 57.02 61"00 62.01 6,2.02 62.03 63.00 Area in Acres 338 671 6,28 476 211 350 828 N umber of H auseholds 1,664 2,230 1,735 1,532 1,624 1,300 2,669 BILOCKGROUP 62.012 62.021 62.022 62.031 63.001 63.004 Citylevide Average Household EBf $341,666 $40,626 $ 4-4 r 6 414 $43,804 $50,722 $401,371 $ 68140 4 JEBI per aCrre 1 $16 9,92 81$135,044 1 $123,340 1$140,9E,6 $365,565 1 $160,140 $188,282 Worker COMMmt~ng Patterns There are no workers in the "Workers over 16 Commuting 30 minutes or over" category for block group O2.O22.This can be explained by the age distribution: 62.022 has the highest percentage of people 65 and over /69.5%\ and a highest median resident age of 72.2; thus, it also has a wary low labor force TABLE 13.Selected commuting indicators BILOCKGROUP 57.014 57.022 57.024 61.001 61.002 61.003 62.011 % workersover 16, commuting BILOCKGROUP 62.012 62.021 62.022 62.031 63.001 63.004 Citylevide 32 Page 447 of 675 CRA AREA WORKERS WITH A COMMUTE OF 30 MINUTES OR MOR by Census Block Groups, 2012 5 -Year Estimates m c 0 437.5 875 1,750 2,625 3,500 Feet Page 448 of 675 Old Boynton Z I II E W Boydt I� n.Beach Blvd W S N U o v V) N (bright Rd Wool bri ht Rd c U 0 437.5 875 1,750 2,625 3,500 Feet Page 448 of 675 j.d Page 449 of 675 IV As of the 30rd qUarter of 2014, 1,560 private firms in the area employed 11,252 people, an average of'7 workers per fi r 2 IV Retail'Trade dominated employment at 22,4% of the total, followed by Healthcare/Social Assistance at 20,5%, IV Employment density jobs per acre), was a low 30 ,21 Density in areas located in the Downtown'Transit- Oriented Development District varied from 30,11 to'7,12, MUch below 45-65 recommended in the COMMUrlity Center Station irnodel. Page 450 of 675 j sz Page 451 of 675 ff Zoning Conditions Future Land Use & Zoning 7 Page 452 of 675 ILAND USE & ZONING The City has 18 Future Land Use classifications (including a Conservation Overlay); 14 of these are present in the CRA, as shown by Table 14. The maximum densities of the Special High Resi- dential, Mixed Use and Mixed Use -Core categories can be increased by 25% for properties located within the Downtown Transit -Oriented !- of (DTOD) District (see Figure 12), established in anticipation of the planned station for the Tri -Rail Coastal Link," a new commuter service. The service would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. The increased allowable density aims to eventually bridge the gaps the current DTOD number of 7 dwelling units per acre and the 11 -to-1 6 units per acre range recommended for the Community Center station, a model used for the Boynton Beach district. Note that the Special High Density Residential, Mixed Use and Mixed -Use Core Future Land Use Classifications and their corresponding zoning districts are limited to the CRA area, and have 11504411114STNITST40+5 =*_ TT11= r*T*Ti 70 lifel Fril As per the City's Comprehensive Plan, the Con- servation Overlay on 27 acres at the center of downtown restricts development of affected prop- erties, requiring preservation of 25% of the native habitat (federal, state and county laws may addi- tionally apply if mangroves occur.) The downtown Conservation Overlay spans over one-half of wa- I Mixed Use Low 1, 2, and 3. The Central Business District will eventually be replaced by the Mixed Use High (MU -H) District, corresponding to the Mixed Use -Core Future Land Use classification which has already been preemptively applied 38 by the City to 64 acres of land located in the downtown area. TCEA & Coastal Residential Exception Future development in the downtown and sur- rounding neighborhoods will continue to be facili- t.2te,i. Concurrency Exception Area (TCEA, see Figure 12) designation, established in 2005. The TCEA designation constitutes a flexible transportation concurrency option approach, aimed at reducing the adverse impact transportation concurrency opment. Within the pre -established TCEA devel- opment thresholds, individual projects are exempt from the requirements of the Palm Beach County Traffic Performance Standards. The exceptions apply to all land uses and development within the TCEAarea. In addition to the TCEA provisions, the CRA area is also subject to the Coastal Resi- dential Exception. Page 453 of 675 TABLE 14. CRA Future Land Use by acreacie, 2015 DESIGNATION Maximum Densitylintensity ESTIMATED ACREAGE RESIDENTIAL, in which. Low Density 5 du/acre 110 Moderate Density 7.5 du acre I Medium Density 10 du lacre 107 Hil,qhi Density 11 dulacre 263 Speciall High, Density 20 dul'acre' 103 COMMERCIAL, in which:� Office 0.4 FAR 5 Locall Retaill 0.5 FAR 209 Generall 0.5 FAR 24 INDUSTRIAL 0.5 FAR 63 MIXED USE 40 du /acre*/ 3.0 FAR 75 MIXED USE -CORE 80 du/acre"/ 4.0 FAR 64 RECREATIONAL 0.5 FAR 87 PUBLIC &, PRIVATE GOVERNMENT,'INSTI TUTIONAL 1.0 FAR 90 TOTAL X 11201 CONSERVATION OVERLAY X 69 ' See explanation below 39 Page 454 of 675 CRA FUTURE LAND USE MAP 0 5001,000 2,000 3,000 4,000 Feet Figure 12 Page 455 of 675 South CRA ZONING MAP LEGEND Zoning Districts: R1AAA Single Family R1AAB Single Family R1AA Single Family R1A Single Family R1 Single Family R2 Duplex R3 Multi Family PUD Planned Unit Development IPUD Infill Planned Unit Development C1 Office Professional C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District M1 Light Industrial MU -L Mixed Use Low 1 MU -L Mixed Use Low 2 MU -L Mixed Use Low 3 MU -L Mixed Use Low MU -H Mixed Use High REC Recreation PU Public Usage ®® CRA boundary 0 5001,000 2,000 3,000 4,000 Feet Figure 13 Page 456 of 675 12 Page 457 of 675 INVENTORIES Historic Properties Parks Public Art Structures Page 458 of 675 Page 459 of 675 'THE CRA CURRENT I. -AND USE PROF11I.-E e W'I Was] I I or-1-Iffelp I W" 1I ME Ex-eml.-Tim 0 el e e 19) VbLl KAb, c1b I CTIOVIC09', Ne Future Land Use and Zoning section above. TABLE 15. Land uses of parcels in the CRA area, 2014' LAND USE No. of parcels LAND USE No. of parcels 1.VALAN T* 328 3. IMPROVED industrial 75 Residential 2" Light manufacturing 5 Commercial 80 Warehouses4stributionistorage 70 Industrial 4 4. IN STITUTI,ONAL/ OTHER 206 2. IMPROVED residential 21,222' Religious 50 Sin Ie -family detached 1,289 Park/rec, iprivate rec, 55 Townhomes 623 Lakejwater 22 Rental. more than 10 units 26 Private schools 6 -in which income -restricted 9 Public, schools (PBC SB) 3 Rental. less than 10 units 197 Social ser ices 5 Condominiums" 87 Nursing homes 3 3. IMPROVED commercial 240 Fraternal Clubsorganizations 3 Stores 67 Funeral homes 2 Dept. stores/ supermarket/shopping 6 centers Utility 3 St o res`office/residential 33 Buff er/R-O_-V%` 2,11other 54 Office: one 53 storVl_multistoryiprofessional TOTAL NO. OF PARC EL S 3,210 Restaurants 18 Auto repairlservice/machinerV 34 salesiservic,e SELECTED 0AWERS Financ,ial4surance 5 Ci(yICRA Motel 9 FEC ra4road (centra,1(y a55e5sed,1 1 Servic,e station 6 PBC Hou5irzg Author -,(v 45 V'orkinq waterfront P 4 1Other 17rS.?_GTU-1-4—D .5 * Vacant category includes unbuilt parcels with valid development orders. Vacant City -and CRA owned parcels may be coded "Vacant" (in a specific category), but also "Municipal" or "District." ** There are 87 parcels developed with residential condominiums or cooperatives in the CRA, with 4,485 condo- minium units and 245 cooperative units. The table above shows land use -based CRA parcel distribution (see Figures 14 and 14A, 15 and 15 and 16 and 16A for geographic distribution of land uses in the CRAs central (downtown), northern, a southern sections). The majority (71 %) of the parcels within the CRA are developed with residential uses. I About 10% of the parcels within the CRA are vacant, a majority of them residential. Most are small, less than an acre in size; only nine are larger, ranging in size from 1 to 3.2 acres. W Page 460 of 675 LAND USES IN THE DOWNTOWN SECTION N y O / NE 15thnV �N 14th Ct Oce n InleDr aZ ZNW 14th Ave N 14th Ave Z NW 14th Ave F - Shore Dr Page 461 of 675 THE DOWNTOWN SECTION COMMERCIAL USES a co m W 11th T X Legend Vacant Commercial Stores/ Mixed Use nRestaurants Office Auto Repair Service Stations Warehouse/Distr. Light Manufacturing CRA Boundary Note: "Vacant Commercial' includes some CRA -owned properties. It may also include parcels with valid development orders. SE Ave orizons A A 14A Page 462 of 675 r LAND USES IN THE NORTHERN SECTION N 0 62.5125 250 375 500 ®Feet Legend Land Uses (DOT codes) vacant single-family homes townhomes multifamily commercial industrial institutional CRA -owned parks/rec utilities r/w - buffer lakes rec/parking CRA Boundary Note: "Vacant" may include parcels with valid development orders Figure 15 Page 463 of 675 THE NORTHERN SECTION COMMERCIAL USES I 19 Page 464 of 675 LAND USES IN THE SOUTHERN SECTION No ^�, ain Blvd South Blvd i 2 Ln High Point Blvd I:ISI:7 CI7ISCI Cil;a��j:(�Y�1[�1]i�, V) N 087. -5 350 525 700 ®Feet Legend Land Uses (DOT codes) vacant single-family homes townhomes multifamily commercial industrial institutional CRA -owned parks/rec utilities r/w - buffer lakes nrec/parking MENEM& CRA Boundary Note: "Vacant" may include parcels with valid development orders. Fi�ure 16 Page 465 of 675 THE SOUTHERN SECTION COMMERCIAL USES Not-th BI P - ^�ain !�7�._._._._._._.Blvd_._._.._._._._. South Blvd Hiah Point TBlvdl�/ th z N 0 87 5 iso 525 7D0 ®Feet Page 466 of 675 UFRA 84, C;ib,i Owned V cant Parcels As Figure 17 shows, the 46 undeveloped CRA -owned parcels are concentrated in the downtown and surrounding neighborhoods, mostly in the Heart of Boynton area east of N. Seacreast Boulevard. The three largest clusters include two groups of small lots, one located between NE 4th and NE 5th Ave- nues, and the other between N E 9th and 11 th Avenues, as well as two parcels south of N E 7th Avenue, consolidated into a property with an area exceeding 4 acres. Most of the lots in the first group face Martin Luther King, Jr., Boulevard on the north and south sides. The second group is clustered around a centrally located green space, and tentatively designated for the future Cottage District project. The large 2 -lot, 4 -acre property is a future site of the Ocean Breeze East project (Ocean Breeze West on the west side of N. Seacrest Boulevard has recently been developed with 21 single-family homes). While the Cottage District projectiecurrently envisaged tobealow density development, the Ocean Breeze East and any potential projects on the Martin Luther King, Jr., Boulevard can avail thernee|wae ofhigher density options of3Oto4Ounits per acre approved aepart ofthe 2O14update ofthe Heart of Boynton Community Redevelopment Plan. In addition to vacant parcels owned by the CRA, the area contains some City -owned vacant land. On the west side ofN. SeacnaetBoulevard and directly south ofthe Poinciana Elementary STEM Magnet School, City -owned vacant lots will be utilized for building for -sale single-family homes as part of the "Model Block" development. M Page 467 of 675 CITY— AND CRA—OWNED VACANT PARCELS a 117 r Lv tI e _. CJ L r I- 1 Z � NE 20th Ln mal-� Boynton Bay Cir ". _f `i. !!) E 20th Ave Em a4RY� FN17 h.r! 'e � Ni.�.t. m�( .. EA ------------ NW 11ih.Ave._._.. j1 FT. - Z z - ` t+ Ma �Ea " y 41 ���(� . - . r j } iris � SF �eava�vk ....._.�.. � L� �.� t a �r'�r1 r (j Z � _.��.��-_.,�a ''}_,,h, � �t -.j}}}�.�f?•1 ��1.k�.��i 1�-L.1 �-. � �. ._._)( � —���-� ��@��i. 'L�.I ��._.�..,.. J ._S' - y._.� _� 1 C77111 _Z.T77_(.11.I.1.14H1411 .1 11 71 TZ � T�_I�1171�I71 �171T11 1iri7 ,' � �I1�le IN ®®®®®€ ®®® ®®®....... ..... ®®®®®�®®®®® ®®®®® ®®®®� ®® }� II ..iT[1���.��1f� �� ! ��ii�� 7�-�.0 _� �� � �� �_._. L_f7? �l IJ�11 zt a�I��H ���I��� i12dh „ , 1 L NW.11th Ay C r - .. u1T7171II.I.11 17��_T� �:L.1. �..I t .T B. 7.1T� flIII-Lmi1II -1 FIT] -H1 111 _ �C, Z J T 1 (,� _ �� _ Av _ L_I 9t _ZA�II I[1_ �Z1.IIIIJ�ZIl1 T TI11 r C_ [NE 8th Ave N t 8 1 1 11 U t1z CIZII_ t� � �� C hl 1 TZIIZCI �1 � c �ttju 7t A I, z9. ------------------- �_.I_-I.II C 1 C rN712L_I� rt.xa t 7? y 4th Ave _-_- WI - �ll TLZL1rrI.11I-i} ti ; 1 �sL�1((T�I� f I� r zjt+/ jF( � jI mI�lE I3IA i t !t_;� L5 -_._._._. �v yntdn ani ivy I. CI IIS .B r .� e�'` . ` ._.1 ._._tuE 2.A 1, rT_ tr i f � yf II _1t 177 I i ; I I1 � g 1t�.� T1 _� l NE 1 st� - 4 IT -1 IIA r I1 IIZI c_- 1 __ 1 ir ___I r7 7I7_7' ny 1 t E.Q e- qy� - -I '_. J Iv.l .-----1_.. � �a �' 1r 1I I I -t . f E 1st�1 SE � 1 _WF SEAve ,! I17 Ir7�(I(_ IrI t 1Tj, 17I�71I 1 -i -(-i T SE 2nd _. 2.as1.. T 99 1 r L iJ C��IT. -T �I flt I_LI ] e Hor¢ ns W T �� r; LEGEND hit -11 .(7..I_. _. _i.. N ------ —Rj City -Owned Vacant in CRA ( j -j(ttt _. l�Li-1l.��kl. `Y� I_.:.._I J L_. .._7.-.i_ I-ik.�9FI�I.II7 t-="1.� .._. mil Y z r- (¢-r(- T-,�.il. IrI TITt.I CRA -Owned Vacant 15�51� Me� �.�`M�� h`.J7.�.�I I_ 1 L�LLI. �AZ✓ i Z. _1_ �� y , �MCRA boundary �_ rhL3 �� ��zz i r �_11261 I� 1 ` �ID . jTRI __ 1 1��.��� W 6th Lt-- --- �---�_ _ ���----------- !Ah - .��i (-_.._h Av 5.7}'- I��ZI.�I ���♦�.L�I78I1A.Y ���� 1� e rb7-ir7� j(�T I C t} �j{7j(� 7j`� 1T� j(' � (j T jj�, f( yl, i L f-- _ Jq 7 ( 0 1711 HIT �I � I ��� ��{ dLIM �� �. �0 187 5375 750 1.125 1.500 r�1st SII 111IZ�iEhbIIITI� I ]�/�� TTr� y5EmFigure 17 Page 468 of 675 INVENTORIES:: HISTORIC PROPERTIES Signcant historic sites are included in i! Beach Register of Historic Places (local register); a few are also included in the National Register of Historic Places. The determination of a site's historic Table 16: FMSF Inventory Sites within the CRA I Page 469 of 675 Sites Within the CRA Boundary Listed in the 1996 FMS,F Survey No. Name Address PCN Built Stylle Significance I United American Properties, Inc. 122G S. Federal Hvo. 08 -43 -45 -27 -05 -GOD -0312 c.1935 Bungalow. Architecture, recreation itounsm) 2 Mary Law House 625 S. Federal Hv.,y. 08-43-45-28-07-003-0092 c.1914 Frame Vernacular Architecture 3 Joseph C. Reis House 421 SE 5th Ave. 08-43-45-28-07-032-G,213 c.1936 Frame Vernacular Architecture 4 Jean Carnahan House 425 SE 5th Ave. 0?-43-45-2867-002-6112c.192G Frame Vernacular Architecture 5 10ra L. Svjeat House 421 SE 4th It. 08-43-45-28-0,9-000-0020 c:.1935 Frame Vernacular Architecture 6 Dens D. & Cheryl J. Meadows House 429 SE 4th St. 09-43-45-28-08-DOO-001D c.19313 Frame Vernacular Architecture 7 lvlichael W. Bowden House 407 SE 4th St. 09-43-45-28-07-1?02-0050 c.1920 Frame Vernacular Architecture 8 Nlicheline Many House 227 SE 3rd St. 09-43-45-28-C&0I6-0250 c.1913 Frame Vernacular Architecture a K. & Helen Ljman House 226 SE 3rd St. 0,9-43-45-28-03-0II-0071 c.1926 Frame Vernacular Architecture 1G Edith Andrews House 366 SE 1st Ave. 08-43-45-28-03-012-0041) 29G7 Frame Vernacular Architecture, exploration/settlemei 12 Harvey E. Oyer Budding 521 E. Ocean Ave. 08-43-45-28-03-306-GIGG c. 1949 Commercial Architecture, commerce 12 R. &Anne E. Gel jer Buflding 134 S. Federal Hv.,y. 08 -43 -45 -27 -04 -DOG -0022 c.192G Commercial Architecture, commerce 13 1 F i rst U n ite d M eth o d i st Ch u rch 131 N. Seacrest B lvd. 08-43-45-28-10-005-0616 c.1945 Gothic Revival Architecture, re ip, o n 14 Gen. Dainei C'Connel House 233 NN 3rd It. 08-43-45-28-10-001-0371 c:.1925 rolission Architecture 15 Susan J. Mize House 330 N`,N I st Ave. 09-43-45-28-20-006-0030 c.1924 4 Mission Architecture 16 Teresa L. 'hilIls House 324 N`,N 1st Ave. 08-43-45-28-10-006-0050 c.1925 lelediterranean RevivaArchiteaure 17 Khadey House 326 N"Al 1st Ave. 09-43-45-28-20-00E-0200 c.1925 [0editerranean RevivaArchitecture 18 Susan Murray House 310 0 N'Al 1st Ave. 09-43-45-28-20-W&0230 c.1926 NUssion Architecture 19 HerrmnioXaraballo House 264 NA'' 2nd St. 08-43-45-28-20-303-0312 c.1926 rwl fission Architecture 2G Sulus Computer Corp. House 221 NA'' 3rd St. 08-43-45-28-20-GGI-0310 c.1925 Mission Architecture 22 Gordon Crawey House 323 NE 1st St. 08-43-45-21-30-032-03101 2945 Frame Vernacular Architecture 22 Lucy.N. Cavanaugh House 407 NE 1st St. 0R-43-45-21-30-602-6231 c.1936 Frame Vernacular Architecture 23 Sunshine Events, Inc. House 130 NE 3rd Ave. 08-43-45-21-30-001-0050 c.1935 Frame Vernacular Architecture 24 Teresa Leila House 126 NE 3rd Ave. 09-43-45-21-30-00I-0061 c.1947 Frame Vernacular Architecture 25 Carl H. Arnold House 126 NE 3rd Ave. 09-43-45-21-30-D3I-0090 c.1935 Frame Vernacular Architecture 26 Jacqueline M. Jacobson House 120 NE 3rd Ave. 09 -43 -45 -21 -3,0 -WI -0200 1935 Frame Vernacular Architecture 27 Victor H. 7revinc, House 121 NE 3rd Ave. 09-43-45-21-3,0-W2-0270 c.1940 Frame Vernacular Architecture 29 David Eunice House Ill NE 3rd Ave. 0S-43-45-21-3,1)-3G2-GI5G c. 194', Frame Vernacular Architecture 29 Alberto F. & Gwendolyn Busey Hous E 13,0 NE 4th Ave. 0S -43 -45 -21 -3,1) -3G2 -635G c. 194', Frame Vernacular Architecture 36 Joseph A.G. Jean House 124 NE 4th Ave. 08-43-45-21-30-032-0062 c. 1 94G Frame Vernacular Architecture 32 Henry Roberson House 124 NE 4th Ave. 08-43-45-21-30-032-0090 c.1935 Frame Vernacular Architecture 32 Foster and Deal House 112 NE 4th Ave. 08-43-45-21-30-002-01030 1935 Frame Vernacular Architecture 33 Henry Roberson House 136 NE 4th Ave 08-43-45-21-30-002-0110 c:.1925 Frame Vernacular Architecture 34 Richard B. Holmes House 120 N`,N 4thAve. 09-43-45-21-07-00I-1500 c.1925 Mission Architecture 35 Orabella 10civer Nelson House 124 N"Al 4thAve. 09 -43 -45 -21 -D7 -WI -151D c.1935 Mission Architecture 36 7ilman Baradhe9 House 505 N. Seacrest Blvd. 09 -43 -45 -21 -D7 -a02-1460 c.1925 10ission Architecture 37 Lillian F. Deer House 522 N. Seacrest Blvd. 08-43-45-21-29-303-0354 c.1925 Frame Vernacular Architecture 3,9-, Lillian F. Deer House 526 N. Seacrest Blvd. 08-43-45-21-29-303-0354 c.1935 Frame Vernacular Architecture 39 Carlos A. and Lenor Perez House 125 NE 4th Ave. 08-43-45-21-29-003-0052 c.1936 Frame Vernacular Architecture 46 B. Bafley and Cecilia Derle House 122 NN 5th Ave. 08-43-45-21-07-032-2430 c.1926 jrolission Architecture 41 Cornmer House 134 NN 5th Ave. 08-43-45-21-07-002-145D c.1929 rolission Architecture 42 H.L. and Iona L. Smith House 517 NE 1st St. 08-43-45-21-29-003-0311 c:.1935 Frame Vernacular Architecture 43 B.7. and Geneva VVilWns House 133 N`,N 6th Ave. 09-43-45-21-07-003-ID60 c.1946 lel a s o n ry Ve rin a cu 1 a r Architecture 44 Mascolo House 832 N. Federal Hvdy. 09-43-45-22-C&00I-0241 1946 10asonryVernacular Architecture 45 Harold E. and Marione Ochstein Hou 636 NE Bath Ave. 09-43-45-21-32-W5-0271 1943 Frame Vernacular Architecture 46 E.O. Properties Inc. House 1610 NE 7th St. 09-43-45-21-32-1)07-0021 c.1945 Frame Vernacular Architecture 47 Old Dutch Mill 1322 N. Federal Hwy. 08-43-45-21-32-303-0201) c.1945 Frame Vernacular Architecture, commerce 49 Benvenuto Restaurant 1736 N. Federal Hwy. 08-43-45-25-63-006-6I60 c. 1925 rolediterranean RewdaArchitecture 49 1 -James P. Rombalkis House 626 Lakeside Harbor 08-43-45-25-03-606-0036 c.192G Frame Vernacular Architecture 50 Duncan and Flora Coutts House 626 Potter Rd. 08-43-45-15-02-000-1180 c.1929 Frame Vernacular Architecture 51 jPeter and Michael Flood House 644 Potter Rd. 08-43-45-15-02-000-1120 c:.1925 Frame Vernacular Architecture 52 IFI. !slander InverstmentCo. Inc. Hou628 Dimick Rd. 09-43-45-15-02-000-3490 c.1940 Frame Vernacular Architecture I Page 469 of 675 significanced the possible elii i '. for ' !isters) starts with its inclusion in the Florida Master Site File (FMSF); the only requirement for a site to be entered into the FMSF is that it be over 50 years old. The FMSF is an inventory only and does not offer any form of protection for the sites included. See Figure 18 for locatior of # 'The FMSF Inventory within the CRA BOUndary The sites listed in Table 16 are located within the CRA boundary; these were included in the original survey un- dertaken in 1996. The majority of these sites will likely be eligible for inclusion in the Boynton Beach Register of # . (Local Register). Some may also be eligible forinclusion Places; however, a thorough inspection is required before a decision on eligibility can be made. The FMSF is currently being updated through an ongoing survey which will include all sites in the city built before 1965. As Boynton Beach expanded greatly in the post-war years, an estimated 1,500 sites need to be surveyed. This survey will update the current entries in the FMSF and will add a large number of new sites. Many of surveyed sites will be eligible for# # . Register and some may meet Nation- al Register requirements. Table 17: Known si nificant sites within the CRA not on the FMSF Surve Known 'Significant 'Sites Within the CRA Boundary not Listed in the 1996 FMSF 'Survey No. Name Address Built Style Significance 1 3503 N. Sunset Rd. 3503 Pd. Sunset Rd. ,.1932. Frame'VemaCular Architecture 3505 Periwinkle Ln. 3505 Periwinkle Ln. c.1942. Masonry' Vernacular Architecture, Rossihry Agriculture 3 1000 S. Federal Hvq. 1000 S. Federal Hwy. 1974 Naut7cal Moderne Architecture, art 4 9155. Federal Hwy. 9155. Federal Hwy. c.1924 Frame' Vernacular Architecture 915 SE 3rd St. 9.15 SE 3rd St. ,.192.6 Mission Architecture 6 425 SE 5th Ave. 425 SE 5th Ave. c.193a Frame' Vernacular Architecture 115 SE 4th St. 115 SE 4th St. Fre-133:5 Frame' Vernacular Architecture, Soc7al History R Ruth Jones House 490 E. Ocean Ave. ,.1923 Frame' Vernacular Arch Etectu re 9 Harvey Oyer Building 529 E. Ocean Ove. c.1919 Commensal Architecture 10 Arcade Building 515 E. Ocean Ove. 1361 Commensal Architecture 11 The Blossom Shoppe 402. E. Ocean A:ve. c.1951 Commercial Arch n:ectu re 12. 3O3 NW 1st Ave. 3O3 NVr'1st Ave. c.195O Masonry' Vernacular Architecture 13 First Baptist Church 301 N. Seacrest Blvd. 1347 Neoclassical Re,.wal Architecture, Religion 14 411 E. Boynton Beach Blvd. 411 E. Boynton Beach Blvd. c.1955 Commensal Architecture 15 519 NE 4th St. A 51R NE 4th St. A c.1925 Mission Arch Etectu re 16 617 NE 3rd St. 617 NE 3rd St. c.197O Commensal Architecture 17 240 NE 6th Ave. 243 NE 6th Ave. c.1972. Commensal Architecture IS Sara Sims Memorial Gardens 201 NVV 9th Ct. 195S Cemetery Arch a e l op, Art, Ethnic Heritage, Social History 19 1001 N. Railroad Ave. 1OG1N Railroad Ave. c.193a Frame' Vernacular Architecture 20 1O17N. Railroad Ave. 1017N Railroad Ave. c.1953 Frame' Vernacular Architecture 2.1 True Deliverance By Faith Church 425 E. Martin Luther King Jr. 3W c.1942. Commercial Architecture, Social History 22 St_ Paul APAP Church of Boynton Bea 315 E_ Martin Luther King Jr_ BPv ,1954 Gothic Rev€vaI Architecture, Reiig Eon 23 114 NE 11th Ave. 114 NE 11th Ave. c.1945 Frame' Vernacular Architecture 24 120 NE 11th Ave. 120, NE 11th Ave. c.1946 Frame' Vernacular Architecture 25 227 NE 11th Ave, 22.7 NE 11th 1-, ,1541 Frame Vernacular Architecture 2.6 329 NE 12th Ave. 329 NE 12th Ave. c.1949 Wood Siding Architecture 27 330 NE 12th Ave. 33a NE 12th Ave. c.1945 Frame' Vernacular Architecture 25 335 NE 12th Ave. 335 NE 12th Ave. ,.1940 Masonry' Vernacular Architecture 29 Oaise Temple Church of God in Chr 343 NE 12th Ave. c.1953 'Vernacular Architecture, Religion 30 413 NE 12th Ave. 413 NE 12th Ave. c.1946 Frame' Vernacular Architecture 31 416 NE 12th Ave. 416 NE 12th Ave. c.1939 Frame' Vernacular Architecture 32. 419 NE 13th Ave. 419 NE 13th Ave. ,.1939 Frame' Vernacular Social history 33 416 NE 13th Ave. 416 NE 13th Ave. c.1946 Masonry' Vernacular Architecture 34 240 NE 13th Ave. 243 NE 13th Ave. c.1943 Frame' Vernacular Architecture 35 123 NV,113th Ave. 12.3 NAl 13th Ave. c.1935 Frame' Vernacular Architecture 36 119 NW 13th Ave. 119 Pdth' 13th Ave. c.1945 Frame' Vernacular Architecture 37 125 NW 13th Ave. 125 Pdth' 13th Ave. c.1945 Frame' Vernacular Architecture 35 2.611 N. Lake Or. 2.611 N Lake Or. 1941 Frame "'Vernacular Architecture inclu- sion# al Register. As this survey is ongoing, properties will be found that will also meet the requirements for local and national designation. It should be noted that Table 2 includes three sites which are not yet fifty years old. They have been included due to their special architectural and historical significance a their uniqueness within the city. The Land Development Regulations state "Individual buildings shall normally be at least 50 years old thus allowing younger buildings to be designated if appropriate. I Page 470 of 675 HISTORIC PROPERTIES WITHIN THE CRA N` z p VE Z R DIN AL DR LA IDE HA AARKR E SOH u - 5W24THAVE`e ¢ E 24 H AVE URF - W 25TH V S�2 Rp zDTH L 2 z E 1 �IHAV ST 20 TH gVEN 411 IST. VE SE 27TH _ ALITTLE CLU 27TH OAK ST VE ]THAN HE 17TH AVE AKE STZ SW 27TH 1STH CT ? SCIR LE DR 27TH P I IST. CT 2,,1D AVE SW 28 HAVE SUN ET RD Mq RLIN DRDR DARK RIDGE BLVD N SE 31 ST AV DC ER RD O NE 15TH NE a° gon 3 3 3 � Y I gTH CT opz OU FS REI ORCHID ESTREAM DECAR IS ST INDIGO COL—EW DR LN Nw 25TH ST SHOREDR VP�O ARE NVI 13TH AVE NE 13 AVE NORTH RD OU HR NW 13TH IM RE 12TH TER F IDER RD z MIN z z 3 NW 5 E ONE6TE NE 6TH CT FSI H— H3 3 0E IT— (I RD NE ND AVE Nw,s A zp w,T EWlS ARE SE IS AVE 2ND VE xSTAVEE x 3 AVE S— AVE 3 y 3I SW ITI AVE D i SW 5TH CT ]THC 7TH AVE 9 v i °1. R 1. IVCRT AR L r Lei 1. 1 IT AVE ISLE D p VI oR o SW 14T AVE SE 14TH A �iN AVEN THE VD ,VE MAIN BLVD o SOUTH LVD9 9F / E,ST E2DTHC z p VE Z R DIN AL DR E SW 24TH EAVIEW AVE - 5W24THAVE`e 24T A E 24 H AVE URF - W 25TH V S�2 Rp s*ySE 25T AVE BE A,R DR 1 �IHAV F E `L 411 IST. VE SE 27TH _ ALITTLE CLU 27TH IE v VE = SW 27 H WAV y sE U v SW 27TH SW 2 IH TER ? 27TH PL W 27TH P I IST. CT 2,,1D AVE SW 28 HAVE SUN ET RD 2 OLD SCHOOL RD - N SE 31 ST AV DC ER RD O a° gon � Y I gTH CT A OU FS REI ORCHID ESTREAM DECAR IS ST INDIGO COL—EW DR LN Nw 25TH ST PT 6 N 0 2505DO I OW 1.SD0 2. DD0 ® F,,t Figure 18 Page 471 of 675 INVENTORIES:: F'Irts.,RKS AND RECREATION Iregru 2 to. 0 all 10, 1 rmr•-M Lai M Learg Community Parks Community parks are the largest active parks in the City and serve the largest population base. Com- munity parks are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area of the community park is three miles. Although the optimal size of a community park in Boynton Beach is 15 acres, its actual size should be based on the land area needed to accommodate the desired uses and ease of access from throughout the service area. Urban/Open Civic Spaces Urban parks provide civic open space in the City for the enjoyment of all residents and visitors. Some will serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach and will become urban oases amongst the bustle of downtown activity. The CRA includes four parks in this category: Veterans Memorial Park (previously Bicentennial Park), renamed after a memorial to the Veterans was installed there in 2008; Heritage Park, a popular gathering place in the Heart of Boynton with a monument dedicated to Boynton Beach African Americans; Kiwanis/Si- erra Club Park, a small grassy area located on Northeast 22nd Avenue; and Veterans Park, a passive park located in the downtown core of the City. GTeen wayslBikeways Greenways serve several functions: • They tie park components together to for a cohesive park, recreation and open space system. • They emphasize harmony with the natural environment. • They allow for uninterrupted and safe pedestrian movement throughout the community. 6 Page 475 of 675 They provide residents with a resource-based outdoor recreation opportunity and experience. Since greenways are the preferred way to get people from their homes and int#p adjacency to develop- ment areas and parks is important. Bikeways are urban trails that are paved segments of roadways that serve to safely separate cyclists and pe- :�estrians from traffic. Bikeways are those trails through the City that connect significant pedestrian destinations g,uch as schools, parks, neighborhoods, libraries, shopping, etc. Palmetto Green Linear Park is located within the CRA on the south side of the SFYTITID C-1 6 Canal. The path- way turns into several overlooks that can serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platforms making fishing difficult. Barton Greenway connects the west terminus of the Palmetto Green Linear Park Extension south through B ton Memorial Park to the north side of Galaxy Elementary School. I Special Use Parks Citywide, parks that have a unique use include Little League Park, Kids Kingdom and the cemeteries. CRA has three special use parks: Barton Memorial Park, Sara Sims Park and the Kids Kingdom Playground. Barton Memorial Park contains gravesites of early African American residents dating back to the early 1900's. It is currently closed for burials. Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach; there are several hundred gravesites remaining (the property was replatted to identify over 300 more sites). Sara Sims Park and Cemetery is an older park, with a plan for a redesign and expansion. The adopted Master Plan calls for preservation and enhancement of the historic graveyard and for creation of areas for community and family events. The CRA purchased properties to implement the plan, and additional ones are targeted for acquisition. Kids Kingdom Playground is a Leath ers-desig n ed wooden and concrete play structure, an extremely popular destination for residents, schools, camps and visitors. The structure was built in 1996, involving a volunteer effort by residents. The CRA parks with access to the Atlantic Ocean or Intracoastal Waterway include Harvey E. Oyer Jr. Park (formerly Boat Club Park), Intracoastal Park, Jaycee Park and Mangrove Park. Harvey E. Oyer Jr. Park provides boat access to the Intracoastal Waterway and Atlantic Ocean. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated, the playground equip- ment replaced, and the canal dredged in 2008. Intracoastal Park is the newest, and an extremely popular park in the system. A two story, 7,200 square foot building is available for rent for meetings, weddings, recreation programs and activities, etc. Jaycee Park's construction was completed in 2008. In addition to the facilities listed in Table 1, it has a walking path, open playfield, three pavilions, and two (2) bocce ball courts. Mangrove Park contains a 1/4 mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Trash accumulation in the mangroves has been a problem. 61 Page 476 of 675 Aside from parks that are spread throughout the City, all of the community/recreation centers are loc ed within the CRA. These include: I Art Center, built in 1992. Operates at capacity, offering classes in arts and crafts, teen and adult fine art, pottery, painting, afternoon recreation, summer camp, specialty camps, pre-school programs and classes. Harvey E. Oyer Jr. Park's Clubhouse, a 2,500 square foot building that offers painting and bridge programs. It is used by community groups and neighborhood associations for meetings and is also used as a rental facility. Carolyn Sims Center, a 14,000 square foot two-story building completed in 2008. Programming includes pre-school, afterschool, teen recreation, sports clinic, social ° Civic Center, opened since 1982. P[OgcaO101iDg opportunities include youth and adult dance, summer camps, pre-school programs, Jazzercise, language classes, piano and keyboard classes, bridge, music concerts and Outlook Club for the sight impaired. ° John H. Denson Pool, refurbished and improved in 2008. It includes atriple water slide, "tumble buckets" water play features, teaching area, deck chairs, large umbrellas and dressing rooms. Programs include junior lifeguard training, water fitness, adult svviOl ~�— classes and youth swimming lessons. ° Senior Center, purchased in 1998 and renovated thrice. Programming includes computer classes, card games, dances, live music, association and group meetings, health screenings, music lessons, lunch program, driving classes, group outings, safety courses and various special events. Local groups that provide a variety of services that include AARP, R.S.V.P, Delray Medical Center, Aker Kasten Community Outreach Program, Shopper Hopper transportation service, Mental Health Association of PBC and MaeVo|en. 62 Page 477 of 675 PARKS AND RECREATIONAL FACILITIES Sara Sims Park -[:'•rv., Wilson Park 7-7 Carolyn Sims Center -.-.1. _,�j((,? TABLE 18. Park and recreational facilities in CRA Parks District Type Size Desciil)tioi]L�'C.'oti(litioit B,arto,n Memonzi Heart of Special Use 8.28 The picnic equipment atthe park is in good Veteran,s Urban Open 0.59 The equipment at the park is in very good Oyer Park I Boaf Federal Hwy "NaterY Beach 8.79 Th e p ark h as L9, p i en i c area, an d a, p I ay,g ro u n d. Club, PaTk Access acres The equipment is in good condition. playground. The equipment is in good Boy nto n 3.9,5 co n d iti on. but u s e of th e p ark h as d ecreas ed GaIaLW Park Beach Blvdj' Neighborhood reconstruction ofthe school and the lights on Heart of Urban Open 0.29 The equipment at the park is in good Herfta,ge Park Boy nto n Space acres condition. This is a, passiv e park. playground. AVetera,ns Memorial is located fntra�oozstai Federal Hwy 'AlaterY Beach 9.43 i s an access fo r n o n- m oto rized v ess el Park Access acres la,u,nching,Alj'3-mile concrete path winds The equipment is in good condition and is Jaycee Park Federal Hwy Access playground. lt,�Avery popularand heavily acres used. The equipment is in good concldo�. ,yg: und acres in poor condition. The equipment at the park is in good condition. It is a, passive park. but the "NaterY Beach 10.72 very popular. Palmetto Park Boy nto n acres The equipment is in poor condition. court, a, multipurposefield and a, playground. Pence Park Downtown Neighborhood 2.84 The equipment is in good condition, butthe acres 64, Page 479 of 675 Page 480 of 675 The park is adjacent to Sara. Sims rhernoria.1 Cemetery. It has 2 picnic area s a,n d a, Heart of 6.95 bask etba,l I court. The eq uipin ent is in poor Saxm SiMs P�rk Boynton Specia] Use acres conditionfroingenera.lwea.ra,ndtea.r. The park is used freq uently by the neighboring communities. Dew,ey Park Downtown Urban Open 2.86 This is a, passive park. with a, picnic area -The (Veteran's Park) Space acres equipment is in good condition. The park, has two basketball courts. a, in u Iti p urp o s e fi el d a,n d a, p I a.y g ro u;n d. Itis Hea.rt of 5.44 h eav i ly us ed and the s o d s uffers a. lot of wear WR%on Pork Boynton Community acres , a,n d tear. The out o o r fu;rn iture n eed s to be p L9.i nted or rep I Laced. PI ay ground equ;ipinent in good condition. Kwann is Sierra Federal H,% -q, Urba.n Open 0.19 The equipment at the park is in good Space acres condition. This is a, passive park. Building has been I ea s ed to the Stag e Left Recreation Theater Co in p a,ny, and converted into a. Madsen Center Cultu;ra.1 Facility 279SS sf communitytheater. The companyallows local s h uffle boarders to use the o uts i d e courts as a, courtesy. Roynto,n Beach Recreati o n Au:d ito ri urn with stage. classroom. 7dance Clvlz Center Cultural F aci I ity- 9,771 sf studio, kitchen, lobby, four offices, storage closet, copier room Activitv)ILu;nch room, LobbyjGoffee room. Co in p uter ro o in , Ntu Iti- p u;rp o s e ro o in , Stege Center Downtown Recreati o n 978,91 sf roorn. Fitness room, Classroom 107, Facility Co nferen ce ro o in 108. Arts & Crafts room. G arae room. kitchen. Office A, Offi ce 13, 1 - Office C Recreation Three classrooms, pottery room, kiln room, Art Center Cultu,ra.1 Fa.cility, -6,642 sf too sink rooms, six offices, closets. lobby, restroorns Rioat Club, Recreati o n Mu Iti- p u,rp o s e room, kitchen. sto ra,g e, Ru i4d iing Federal H%vy, Facility 2.084 sf restro o in s, co a.st g u a.rd I Denson Poch Heart of Recreation 2.90-9 sf Office; locker ro o rns;restro o ins. main pool Boynton F aci I ity- 75'x3,&', kiddiepool,31,xK 'Y' Canotyn Slims Heart of Recreation 13,816 Multipurpose room ( ' toio-s i d ed ), g arn e. ro o in. Center Boynton Fa.cility, sf two classrooms: three offices Intrazozsted Recreati o n Tvio offices. event ro o in t%vo cl a s s ro o in s. two Park CEubhouse Federal Hwy Facility 7730,3 sf , kitchens, restro o in s, storage Page 480 of 675 INVENTORIES:: PUBILAC ART The Arts Commission, appointed in April 2004, researched, created and developed the Art in Public Places program. The Public Art Ordinance was adopted by the City Commission in October 2005. The Arts Commission continues to serve the City by updating the Art in Public Places Strategic Master Plan, recommending guidelines and funding for implementation and championing the current program. Art in Public Places Program Art in Public Places' mission is to integrate the arts into the greater community. The program's purpose is to stimulate cultural interaction, education and economic development by selecting, siting, install- ing and maintaining public art. Its vision is to connect the cultural environment in Boynton Beach with the global community. The program is funded through the City's Public Art ordinance that collects one percent of construction value of development and redevelopment projects. As development occurs, public art is integrated into the architecture, infrastructure, landscape and greenways throughout Boyn- qW on Beach. To date, 49 public art projects have been sited in Boynton Beach. (See Figure 20 for all small. ocations bibublic art throughout the CRA.) International Kinetic Art Exhibit & Symposium Kinetic art is art that moves physically or optically. Held in 2013 and again in 2015, the biennial Inter- national Kinetic Art Exhibit and Symposium was created by the Boynton Beach Arts Commission and produced by the City of Boynton Beach through its Art in Public Places program. Its vision is to connecl the global community to one -of -a kind kinetic art experiences. The free -to -the -public event features both indoor and outdoor kinetic art, educational presentations, (Science -Technology -Engineering -Art and Math (S.T.E.A.M)-based learning displays and the opportunity to meet world-renowned kinetic artists. The event positively impacts Boynton Beach's economic development, branding it as a cultural destination. Boynton Beach Art District (BBAD) The alternative contemporary art scene known as Boynton Beach Arts District has grown along Indus- trial Avenue in the industrial enclave west of Interstate 1-95, off Boynton Beach Boulevard. Created by artists attracted to the area due to the City's Art in Public Places program, BBAD hosts visitors, artists and tour groups from inside and outside the Boynton Beach Community. The industrial warehouse area, once an unsafe dump site, was transformed into a thriving arts community to promote cultural ex- change. Monthly Art walks, voted #1 in Palm Beach County, ever changing murals and interaction with artists create an environment where art comes alive. 6 (5 - Page 481 of 675 PUBLIC ART LOCATIONS WITHIN THE CRA 67 Page 482 of 675 r � I■IS— • i =111 g 1R I 18 18 I$ 1111■ 111111111111111 ,- ■I■1111111■I■ �„ ■I■1111111■I � zy.� . ` � 4N ' +t' .. a - IIN IN■ iuxxlx IHim— ININIINNIIIIINIH 1■■w = ���� 111111 uxnnui 1M� I'xi �iiouumni1u1i1o1nm1 ■ , 18 Ixxl NININI NIH ININI H n 1::w • CNININI NINIHNN.�Nuulm@mnm xiui iuw.1lii 111111 NINIIINIIN IIIII■111111 x11►, ■n uuxoximmminmi 11x1x1■rJ� ■I 1R ■11■1 ■IMIN ■1■■ NINI 111 I ■11■1 111 11■ IxIxIxINIHll111 -_ nn x N■NN . _ 1■lnxn■ — i@ IN111N■ s nln n■11 In■11■ S. f 1 NINNNIII Imin117 H111NN --- �� _ •-- I • 1 ICCCI: S s NN■1 - ■ N�-- I� ..1111-= _�i■J-SII. �'. r I ! m (00 ��T�� J.IININIII' ■ N IIS t1■ ■■■ 1 n 1 1■ n 111111■ I■■ ■■■I �x 18'�� 1 ■IINI■ 1 ■I■1 ■11111 � , Nx. ■ "' � ��� „� ' '." x � x 1: NN11 xs xs xon•c's N■ ■ 11 III■pl ! I �'�llx 111 _ � rw ,1l � 1Nx � es x� ua xu x x x u■Legend - na ■n -M , ■ , Art inPublic MH m Art on Ave. of Art t Art Eco Walk WRq t u of, N T CRA Boundary ffi4 1: Parcel 2014selection a� fie.....k Figure, 67 Page 482 of 675 M������������^ ������������� ,,~~~~,~,~_,..~~~~, ,~,,~,�.~,,�,~~�,~ The following is a comprehensive look at the built form throughout the Boynton Beach CRA. A survey was conducted of a general sample of a variety of buildings and land uses within the CRA. The section begins with a graphic analysis that links the footprints of the selected structures with a street view pho- tograph. Information about each structure including the year built, type of construction, architecture, and square footage follows the images and is referenced by the corresponding map reference number assigned to that structure. This study will act as the basis for design, architectural, and site planning recommendations made in the subsequent redevelopment plan. fedgraiHighway District 1. Truck Rental This commercial lot was built in 1955. The building has a red brick fagade and areas of stucco that are painted orange. There is a pitched green roof and red brick columns. It is set back from the street but still visible from the right-of-way. There is on street parking and public lighting. 2. Mixed Use This commercial building was built in 1948. It is a concrete block painted yellow with wooden trims that are painted white. The structure has white awnings onthe original windows and a barrel tile roof. There is a patio located at the front of the structure containing white wooden fencing and simple wooden col- umns. The building has shallow setback on a corner lot with driveway and parking access in the front and sides of the structure. 3. Office This office was built in 2011. It is a one (1) story structure made of concrete block and painted off-white with white trims. On the front fagade there are white and blue striped awnings with lighting installed above. The windows are rectangular and darkly tinted. There is a crown molding along the flat roof. The building has a shallow set back from the street allowing for landscaping along the public sidewalks. Two driveways provide access to parking on the sides and rear of the structure. 4. Storage This parcel was developed in 1957, including two above ground storage tanks for storage and distri- bution of petroleum gas. This use is currently nonconforming in this location. There are currently tw# (2) concrete structures on the property. The property has chain link fencing along the perimeter with barbed wire. There is minimal landscaping and/or buffering from the right-of-way. 5. Retail This cornrnenja| lot was developed in 1960. This building is concrete block construction with stucco painted yellow. The existing mansard roof ieblack with aslight overhang. The original windows are long vertical with cast iron rode. The building is slightly set back from the street with landscaping along the right-of+way 6. Retail This commercial lot was built in 1938. It is made of concrete block with stucco painted a light green and a pitched roof. A portion of the fagade still has wooden siding. The second story has a decorative light house feature. Some of the windows have wooden shutters while others have awnings above the win- dow line. The structure has mechanical equipment on the roof and at the rear which is all visible and N Page 483 of 675 Built Conditions Inventory: Federal Highway (North) 1. Truck Rental. 1955 Mixarl Ilca 19aR Ir.r - - --. S Rat;A Ctnra i cirn F Ratail 19RR Sm R Ratail 1984 NTS m 69 L Page 484 of 675 This commercial lot was developed in 1957. It is a one story, concrete block structure with stucco painted orange with white trims. The roof is flat and has a roof sign that protrudes above the roof line. The lot's primary use is for the storage and sale of vehicles. A chain link fence runs along the perimeter of the storage area and the vehicles are stored along the street frontage with no buffering of screening 8. Retail- Fishing Tackle This commercial building was built in 1984. The elevation facing Federal Highway has a brick fagade, pedestrian doors and an overhead door. The structure has a mansard roof which overhangs the struc- ture and screens the roof top mechanical equipment. The structure has original windows. It is set back from the street. The pedestrian portions of the building are shaded by a green awning that stretches from the flat roof. There is public lighting coming from the building. There is a bike lane and street park- ing. This use is currently nonconforming in this location. S. Multi -Family Residential This Mixed-use /conlrnenja| and residential) parcel was built in 2009. It has a concrete block structure that is painted red, orange and brown. The roof ietilted with red tile. There are balconies with columns and arches. The pedestrian path is shaded. 10. Big box retail This commercial structure was built in 2011. It has a concrete block frame painted brown and orange. There are dark brown awnings over the openings and white grates on the windows. ffl Page 485 of 675 Built Conditions Inventory: Federal Highway (South) N NTS I I I I I I I I I I I I I I I l RNA Page 486 of 675 Downtown 11. Restaurant This professional services parcel was built in 1955. It is used as a commercial unit. It has a wooden structure with a gazebo and food truck parked on the site. There is a large wooden gate. The gate's frame is metal and painted black. There is no sidewalk at this location and there is on-site parking. This apartment complex was built in 2010. It has a brick frame structure that is painted beige and light brown. The glass doors and windows have grates that are painted white. The driveway is made of cob- blestone and has vegetation. 13. Single Family Residence This single family home was built in 1979. It has a cement block frame with stucco painted white and beige. The roof is pitched and has brown tiles. There are window shutters that are painted beige. 14. Single Family Residence This single family home was built in 1952. It has a cement block frame with stucco painted orange. There are brick columns painted white. The original windows are still present and have white grates. The roof is pitched with gray tile. The walls are partially covered by rust and dirt. Some openings are blocked off bywooden boards. 15. Mixed Use This multi -farni|y housing structure was built in 2006. It has a brick frame with stucco painted pastel or- ange. The structure faces a boat dock on the north side. The roof is tilted and painted light green. The . . .. ... .......... ... . . window grates and handrails are painted white. The sidewalks on the property are paved with red brick. This restaurant was built in 1948 on a boat dock overlooking the intnscoaetai It has a cement block frame with painted stucco. no M 101,111; N011,14114 NOW 18. Senior Center This community center was built in 1947. It has a cement block structure with stucco painted pink. The roof ispitched with red tiles and white finishing atthe base. The windows are shaded hvblue-green awnings. M Page 487 of 675 Built Conditions Inventory: Downtown 15. Multifamily, 2006 12. Multifamily, 2010 17 Mntal 1 qSa 18. Senior Center, 1947 N NTS 73 Page 488 of 675 19. Aistoric Aigh School The school was built in 1928. The frame is composed of concrete and clay tile blocks. It has a hist ic designation and is vacant. The exterior has stucco painted beige with dark pink outlines. There alir arched windows with detailed columns painted red. 20. Children's Schoolhouse The school was built in 1920. The structure's frame is cement block and brick painted white. The roof i pitched with light gray tiles. There is a large arch on the entrance to the building over the main staircas I There is a brick gazebo painted white. A short bell tower painted white and pink with pointed roof paint blue faces the eastern portion of the building. The driveway is paved with brick. There is a water founta next to the driveway. I 21. Municipal Library The municipal structure was orginaly built in 1962 and underwent a major renovation and expantion in 2009 ' The entrance features a curved series of walls arranged. The frame is made of cement block an4. Pis painted yellow. The windows have a wide frame made of cement and painted red. There is a short gazebo on top of the building adding connectivity to the school house nearby. The gazebo has dark win dows with a low pointed roof and grey tile. 11 22. Single Family Residence 1� This single family home was built in 1959. It has concrete block frame with stucco painted light beige - I brown. Some of the openings have a dark brown trim. The porch roof is supported by two poles painted 1 dark brown. The structure has a flat roof with a frame painted dark brown. There is a white brick struc- ture extending out from the center portion of the west fagade wall. There a dark brown awning above the mechanical equipment on the fagade. 23. Civic Center The municipal structure was built in 1962 on the same parcel as the library. It has a brick frame structu with stucco painted white. Structural red brick is exposed around the main entry point. The roof is flat. The entryway includes a roof that is supported by a detailed cement wall that is painted white. There is black signage on the upper portion of the entryway and public art by the sidewalk. I 24. ITIulti-Family Residential - These Multi Family condos were built in 1972. It is a two (2) story "U" shaped building with a ce- ment block frame. The frame has stucco over it which is painted white and beige. The roof is flat. There are screened patios extending out from the sides and rear of the building. The residential circulation corridors are on the outside. The staircases and two floors have detailed cement railings painted white. Columns made of naturally cut rock protrude from the exterior walls facing Ocean Ave. - This multi -family housing building was built in 1973. It has a cement block frame with stucco painted light beige. It is two story building with a flat roof. There is an exterior corridor for resident circu- lation on the building's east side, facing Ocean Ave. The corridor is covered by an extension of the roof. There are detailed cement railings painted white. Page 489 of 675 Built Conditions Inventory: Cultural 19. Historic High School, 1928 23. Civic Center, 1962 20. Childrens School House, 1920 24. Multi Family Housing, 1973 El 21. Municipal Library, 1962 25. Retial & Restaurant, 1953 NTS 22. Single Family Residence, 1959 Page 490 of 675 Industriai Craft District 26. Auto Service This warehouse was built in 1972. Its frame is made of metal vvaU panels painted light grey, and the building appears to be prefabricated. The building is used for auto services. 27. Storage This warehouse was built in 1980. It has as CMU frame painted light grey. The building appear to con- sist of storage units. 28. Warehouse and Tractor Storage This warehouse was built in 1972. It has a CMU frame painted beige. It is partially used for auto servic- ing. There are many tractors stored in the parking lot and on the opposite side next to the right of way. 29. Auto Service Center This building was constructed in 1974. |thas a CMU frame painted light green. The garage doors are located on the southern fagade. White awnings extend out from the garage doors. 30. Truck Parking /Storage This light industrial lot has no buildings and has vehicles stored on the property. 31. Industrial Art Warehouse This warehouse was built in 1977. It has a frame made of concrete masonry units. The walls are cov ered with art that advertises the work oflocal artists. 76 Page 491 of 675 Built Conditions Inventory: Industrial Craft 26. Atuo Service, 1972 29. Green Auto Service Center, 1974 N NTS Page 492 of 675 Boynton Beach Bivd District 32. Strip Mail This commercial retail structure was built in 1962. It has a brick frame that is partially exposed, partially painted. The roof is flat and extends over awalkway facing the store entrances. The vertical portion Of the roof extension is painted pastel pink. 33. Place ofWorship This unit was originally built in 1947. It has brick frame painted white. The pitched roof iegreen and there ieapediment supported by4Doric columns atthe entrance. This commercial unit was built in 1971. It has an exposed red brick frame. The roof is flat with a green awning providing some shade at the building's entrance. 35. Single Family Residence This two-story residential unit was built in 1932 and fronts on Ocean Avenue. The structure is wooden frame construction with stucco and a flat roof. The property islined with afour foot fence that has con- crete columns and cast iron rode. This corner lot has its driveway on NVV3rd Street. ~~-- 36. Single Family Residence This single family unit was built in 1953. It has a concrete block structure with stucco painted light green. The structure has a pitched roof with light brown shingles. The windows and door have white trims and the decorative shutters are grey. This property does not have adriveway ofagarage facing Ocean Avenue; instead, the corner lot has a driveway coming from the corss street of NW 3rd Street. 37. Post Office The post office was originally built as a commercial unit in 1963 and is located ata prominent intersec- tion ofthe boulevard. It has an exposed brick frame on one section, with glass windows wrapping the rest Ofthe north and east facades. The roof is flat with exposed mechanical equipment. The roof and window grates are painted beige and pastel yellow. 38. Munidpa|-ChvHaU This structure was originally built in1S58and had amajor nanovatonandexpaneioncornp|etedin 1989. It has concrete block frame with stucco painted pastel green and beige. There are arches ex- tending from the fagadewalls. Page 493 of 675 Built Conditions Inventory: Boynton Beach Blvd. 34. Convenience Store,1971 35. Single Family Residence, 1932 36. Single Family Residence, 1957 NTS Page 494 of 675 Heart of Boynton District 39. Single Family Residenco This residential unit was built in 1956. It has concrete block frame with stucco painted beige. The win- dows have brown grates. The roof is pitched with brown tiles. There are detailed columns supporting a patio by the front door. 40. Single Family Residence This single family unit was built in 1975. It has a concrete block frame and stucco painted dark yellow. The pitched roof has red tiles. The grates in the windows and on the roof are painted white. The proper- ty is set back from the street and adjacent properties. 41. Convenience Store This commercial unit was built in1SO4. |thas abrick frame which has been painted red. |tiea1 story structure with a flat roof outlined in white paint. 42. Multi -Family Residential The year that this unit was built is presently unknown. It is two stories with a concrete block frame. There is stucco on the exterior that is painted white. The doors are a salmon color and the rails to tho second floor are metal and painted black. 43. Single Family Residence This single family home was originally built in 1931. This mission style home has had two additions to the original house footprint. In44. Single Family Residence This single family home was built in 1946 and is a typical example of the existing frame vernacular ar- chitecture that is in the area. This house is wood frame with wood siding on all sides of the structures. The front fagade has a prominent stone chimney that extends past the pitched roof. III Page 495 of 675 Oo, Page 497 of 675 After reviewing the built forms of the seven geograph- ic areas, some general conclusions can be derived: Federal Highway District Federal Highway is four to five lanes with overhead wires and vehicular lighting on both sides of the street. Large medians are landscaped with predom inantly palm trees through the center which provide little shade. The sidewalks lack shade trees and pedestrian lighting. Most of the highway is lined wit commercial properties and has multifamily propertie behind. Condominiums, apartments, and townhom� are all present throughout the corridor. The commer. cial properties are largely strip mall design or big bol r W between the road and the business. The multifamil� developments, with the exception of the two newest redevelopments, Seaborne Cove and Las Ventanas either turn their back to the highway or are walled of from Federal Highway. The Downtown District is comprised primarily of con- dominiums and commercial property. This district has been a recent focus of redevelopment efforts. Two examples of these efforts are the Marina Village and Casa Costa development; both condominiums have the first floor retail areas, several of which are vacant. The structures within the district vary from one to four- teen stories in height. Many of the existing structures are setback from the street and are accessed direct- ly from Federal Highway. Parking is either in front or on the sides of the buildings. A select few of the buildings were built directly against the sidewalk. In order to create an urban setting the sidewalks should increase to a minimum of ten feet wide to be able to accommodate outdoor activities, such as seating and display areas. Federal highway has consistent vehic- ular light, but lacks pedestrian lighting. Street trees are not present to create shade along the sidewalks. Medians are landscaped, but do not seem to be well Cultural District The Cultural District is largely made up of institutional uses on the western side of the district and residential uses on the east. Ocean Avenue runs east to west through the district; it has sidewalks and lighting on both side of the road. Many of the parcels are vacant, abandoned or underutilized. This area lacks co nuity; the buildings are placed in different locations on each lot and much of the land is being used for 83 zms�#� Industrial District This district is the only area that is completely in- dustrial. The area is concentrated with automobi services, storage warehouses and art studios. TJ parcels are generally smaller than the typical industri- al parcels. That is one of the factors that is dictating the types of industrial uses which are present. Access to district is serviced by one secondary road which connects to Boynton Beach Boulevard. Most lots contain onsite parking; however, vehicles are parked and stored within the right-of-way. Along with storage of vehicles much of the right-of-way is cluttered with debris. Most of the existing structures were con- structed within the 1970s. Generally, the structures in the district were built in the center of the parcels with pavement and other site amenities around the build- ings. This area does not contain connected sidewalk and has minimal pedestrian and/or vehicular lighting. 777470-10=1 Boynton Beach Boulevard is currently a four to five lane arterial road. The vast majority of the structure built along the boulevard were built in the center of the parcels which allows surface parking areas to b placed in front of the structures. This configuration i acting as a barrier between the street and the existi uses. Landscaping, pedestrian lighting, active uses, and consistent architectural styles are currently not present. I Heart of Boynton District The Heart of Boynton District consists prominently of single family residences. Many of these homes are historically significant. There are both Wood Frame Vernacular and Mission styles are present throughout. The district is bisected by a Seacrest Boulevard, a four lane road, which has limited crosswalks, mum �eiedestrian li�ghtin�*� and a s�eieed limit of forto-five (45) miles per hour. The single family homes are set up in a traditional manner. The homes are set back approximately twenty feet from the right-of-way and have driveways and yards in front of the structure. Most of the interior streets do not have sidewalks, lighting, or street trees. There are several churches and day care facilities located within the residential neighborhoods. Also, at the eastern boundary of the district, along the railroad track there is a small indus- trial area that has predominantly automotive service Uses .9*4.n.9v.qreioi_ Page 498 of 675 Page 499 of 675 rowdr,,--i-astructure Conditions rig 111111,111111 Alleys '4-'.treet Lighting Page 500 of 675 UT I IL- IT I E S While the City provides municipal services to its citizens within the City limits, Boynton Beach Utilities also provides water, wastewater, and reclaimed water services outside the City limits. The utility system includes two (2) wellfields, two (2) water treatment plants, two (2) aquifer storage and recovery (ASR) wells, a wastewat collection and transmission system with approx mateL3[_t1,,V lift stations and the associated w distribution system, wa stewater gravity and for main piping, reclaimed water distribution syste and stormwater swales, exfiltration trenches, piping, catch basins, ponds, and outfalls. The South Central Regional Wastewater Treatment Plant is co -owned by Boynton Beach and Delra Beach, and the plant is governed by a board th is comprised of the Mayors and Commissioner from each city. Boynton Beach 1tilities has identified several current or future capital improvement projects within the six (6) CRA districts. Vil" ter,Vil" stewater and Stormwater I in prove inents Water main and stormwater improvements are currently being constructed as part of the Central Seacrest Corridor Neighborhood Improv - w . project located south of Boynton Beach Boulevard and west of Seacrest Boulevard (see Figure 22). This project is replacing existing substandard with new 6 -inch and 8 -inch water mains within the roadway rights-of-way. This will result in improvei. water pressure, water quality, and fire protection for the neighborhood. The stormwater proj- . - olves removing unpermitted parking improve- ments within the rights-of-way and installing swales, exfiltration trench, and catch basins. New curb and gutter is being installed along Ocean Avenue to replace the existing curb and gutter, and all roadways within the project area will be resurfaced. This will result in improved drainage within the neighborhood and reduced flooding. two recently approved developments: 500 Ocean and Casa del Mar (see Figure 22). The 500 Ocean site is located on Ocean Avenue between Federal Highway and SE 4th Street. The project includes new water mains to serve the project and future redevelopment to the north. The Casa del Mar site, located east of Federal Highway and north of Dimick Road, includes new water mains on site and the replacement of an existing substandard 4 -inch water main on Dimick Road with a new water main that will loop to an existing water main on Federal Highway. This will result in improved water pressure, water quality, and fire protection in the area. In terms of wastewa- ter improvements, work in connection with 500 to serve the project and connect to adjacent piping. The Casa del Mar includes new gravity sewer mains on site and connection to an existing _e_QrLye_ Finally, both 500 Ocean and Casa del Mar are incorporating stormwater improvements. The 500 Ocean's will include re-routing of a large stormwa- ter line that currently bisects the project site and connection to an existing pipe on the west side of Federal Highway that leads to the downtown stormwater pond. The Casa del Mar project 0 111PAINUMMAXPIr. UM= TY'astewater improvements are currently being constructed as part of the Pence Park Lift Station project located west of SE 4th Street and north of SE 6th Avenue (see Figure 22). This new sub -master lift station will receive a large portion of the wastewater flow from south of the station and east of 195 and pump into the new regional force main in the eastern part of the City to the South Central Regional Wastewater Treatment Plant. Upon completion, the Pence Park Lift Station will divert a significant amount of flow from Lift Station No. 356 located east of Federal Highway on the Boynton Beach Boulevard extension. This will relieve capacity at LS 356 and make provision to handle future developments in the downtown area such as 500 Ocean. Improvements may be required for the Heart of Boynton's Ocean Breeze East site located on Seacrest Boulevard, south of NE 7th Ave, depending on the type of development. Utilities will coordinate with the CRA and the future Page 501 of 675 developer of the site regarding the existing water and sanitary sewer mains as well as stormwater infra- structure. Identified SUbstandard Areas Utilities staff has identified additional areas with substandard water mains, water mains 4 -inches in size or smaller, and/or inadequate fire protection. Three projects have been identified within the Federal Highway district: Potter Road & North Lake Drive, Lakeside Harbor, and North & South Roads (see Figures 21 and 22). Additional water main improve- ments are planned for NW 11 th Avenue, and Central Seacrest Corridor Phase III (see Figure 22). Improve- ments may be necessary in the Heart of Boynton and Ocean Breeze East depending on the type of devel- opments undertaken. 11tilities has also identified areas where there is substandard drainage and flooding associated with certain rain events. Two projects have been identified within the Federal Highway district: North & South Roads and Potter Road & North Lake Drive (see Figure 21 and 22). The Utilities will be commission- ing a study to review potential stormwater improve- 62.LM 0�­?.&Pnm Boulevard and Central Seacrest Corridor Phase III (see Figure 22). Reclaimed Water Boynton Beach Utilities is planning an extension of the existing reclaimed water main infrastructure at SW 23rd Avenue (Golf Road) and Seacrest Boulevard. Reclaimed water main piping will be constructed along SW 23rd Avenue east to connect to large gation users along Federal Highway (see Figure 23). The extension will continue south to Jaycee Park and will include a subaqueous crossing of the Intracoastal Waterway to serve the St. Andrews Club and Little Club golf courses for irrigation. Page 502 of 675 UTILITY IMPROVEMENTS IN NORTHERN SECTION Page 503 of 675 UTILITY IMPROVEMENTS IN DOWNTOWN SECTION 89 4th Ave Legend CRA Boundary N 0 l00 200 400 600 800 Fcet Page 504 of 675 9 Page 505 of 675 UTILITY IMPROVEMENTS IN SOUTHERN SECTION Page 506 of 675 TRANSPOR DA.TION Based on the Functional Classification of roads, the CRA area includes one Principal Arterial Urb (Interstate 95), three roadways classified Urban MinorArterial (Federal Highway, Boynton Beach Boulevard and Woolbright Road), and six Urban Minor Collectors—Seacrest Boulevard, Gate- way Boulevard, Martin Luther King Jr. Boulevard, Ocean Avenue, SE 23rd Avenue and Gulfstream Boulevard (depending on the roadway, the classi fication may or may not apply to its entire length within the CRA boundary: see Figure 24). All re- maining streets are classified "Local Urban." I The roadway is assigned a class through the Fed- eral Functional Classification process, according to the character of service it provides in the year of analysis. The process takes into account the Transportation Improvement Program (STIP). The vement (,31ondition ements within the study area are in generally d to very good condition. Arterial Highways are maintained by both the State of Florida and -n Beach County with the use of asphalt over - City streets, typically 22 feet in width within 1, feet wide right of way, have been adequately ntained as well over the last ten years and are p also in good condition. In addition, the City embarked on aaaressive utility restoration projects; these projects, supporting the "complete street" design in portions of the study area, result- ed in recent street resurfacing. Other pavements have been maintained with Micro -Surfacing, an effective preventive maintenance technique that seals and waterproofs the surface while correcting minor defects, filling non -working ruts and improv- ing skid resistance and appearance. The City has an annual planned expenditure of $500,000 beginning October 1, 2015, to continue pavement surface maintenance and the Utility Department 92 continues its "complete streets" eiTorts in portions of the study area. The City evaluates pavement markings annually and updates these items as nec- essary. Thermoplastic markings, highly reflective stripings with long-term performance, were recently placed on Gateway Boulevard, Martin Luther King Jr. Boulevard, and Ocean Avenue. Alleys There are a wide variety of alleys located through- out the CRA as noted on the Figure 25. They are concentrated in the downtown, in the area extend- ing from SE 2 Avenue to the Boynton Canal. Alleys may be improved thus providing vehicle access to properties. However, the vast majority of alleys are unimproved and not utilized for access to property and instead may serve utility functions (i.e. Florida Power and Light, City water, etc.). Lastly, a number of alleys may simply be platted land that is neither used for access nor provision of utilities. Each al- ley is truly unique in purpose, function and physical dimension. Many alleys have been abandoned in the past and the City is generally supportive of such abandon- ments, a practice based solely on the objective to reduce maintenance cost. Street 11.1-ighiting Street illumination in the study area is good and PAS_ _"' _P_ri2LW0L"_Y_qJ2YP_ a uniform lighting pattern; lighting is also uniform throughout the Central Business District. Light- ing in residential areas is more sporadic, with no uniformity. However, street lights are placed at nearly all street intersections and other locations mid -block lighting. The City receives street light requests periodically in the study area and has placed new lighting where enhanced lighting is warranted. Median 11.1-andscaping Median landscaping has recently been improved or N s in the Qrocess of beinq_uWrades. At thus time en- hancement of the sidewalk areas are not included in the improvements. There have been numerous accidents that have caused damage to trees and shrubs. These are being replaced. As of this year all medians will be mulched. Medians with irrigation Page 507 of 675 Sidewalks As shown in Figure 26, the existing sidewalk network has many significant gaps in connectivity throughout the CRA, including downtown and adjacent neigh- borhoods. Since the year 2000, the City made some progress reducing these gaps. As a result of the sidewalk construction program implemented in the past 15 years, focused on making walking safer for grade school students, the current sidewalk network in residential areas close to schools requires minimal walking upon paved street surfaces, substantial- ly reducing students' exposure to vehicular traffic. Sidewalk construction in locations that experience the highest pedestrian volume along arterial routes and/ or those near pedestrian generators such as parks and commercial areas is nearly 100% complete. The sidewalk condition is adequate as well; the City has capital funds available for annual sidewalk repairs as needed based upon priority. Furthermore, improve- ments planned as a part of the All Aboard Florida rail project will bring forth sidewalk/pedestrian enhance- ments at the FEC grade crossings located at Gateway Boulevard, NE 15th Avenue, Martin Luther King Jr. Boulevard, SE 5th Avenue and SE 12th Avenue. 'Transit a 1 1.11 - - - INNI i4`111111 M-' - I 1 0 RIMMILS"s 11IRMIMIMISINONM 93 Page 508 of 675 THOROUGHFARE SYSTEM FUNCTIONAL CLASSIFICATION OF ROADS U N ick NW 2 _ M Otter � m Ga ewa Gatew Lak fide Har i ' u Y Blv �111) O' v N 99t Ave D�',,",,""Oak St NE v i,t3�L N rt E1t h A ea v it Park Ridge Blvd h ve 1� n lriX £j' In �..i® N N W 1 th ve s 3 -- - Martin. ++ NE 9th v Z NW th v Q W 9th v G w t s O Z m W th ve NE 6 h Ave. m �t W 5th v W 4 h ve Lr E14th Ave - O c o� NW 3rd v N 3 4��(e 'A B B ac Blv E Boynt B a B4 s s yiT 2 t„ Z u NW 1st ve NE 1s Av pC sa L vd W Oea Av O an1,,Av �AAQ o Z O +' 'o SW st e �� E 1 t o m e. N _ 2nd ve S. N SW nd ve n V�-SW rdA e _ r v.. i3: -i SW 4t Ave �--� m SE St A N c 4 th o -s (n t t t Grp SW th A e o .+ w " m 2t�_� T in in SW1 thA e N - -# L N SW 14th ve {- o Ibng t Rd oolbnht Io Main Blvd 6��� 18th AV) p�- 1 l South Blvd �1�gUUr i , E 21 22 Ave 2 SE 2 r rd ai� ®ms;e �0� $ 4t vE 2 h S4 .Av c h m O k; 25t P N E25t Ave Ti 0 ®v U SE 26th Ave _µY E 27th PI m +' (0) SE �Is sE st v --Su set Rd E t Ch P i ill BI d SE 31s ve F : ... id Hill R S�® 0 cA-a" Nm 6d F"N ammam 11 - Principal Arterial -Interstate URBAN Legend ammam 11 - Principal Arterial -Interstate URBAN z 16 -Minor Arterial URBAN 18 - Minor Collector (Fed Aid) URBAN 19 -Local URBAN CRA Boundary N 0 435 870 1,740 2,610 3,480 Feet Page 509 of 675 CONCENTRATION OF ALLEYS IN THE DOWNTOWN SECTION -------------- -1-1 _ i._..._._.: ............. _______ _��:�:I �_I=1=7:I:I=f:�:�:_ _ ti i --- - - -1j .1 T � w � h�� z:: 1 1 S 7 T 4 T : _� �tt o th R ',"1 _rT� m� �_---_ _ _ _1-� :: j 1� LI_J4U�1� ��1�1:�1�� J -NW 11th Ave_ U._1-�-�-�--�-1-- ��_���NL� lAi�.t_l_.�_ t �llFl•I _� _.L. .l. . Dr a. ._.. i.. r. l..d.._. _..._. ._.__.. ..__.. _. ._._ ..__..._._. _ ._.._._.._._. --.-.- IT _ I ._ 1 ' L :IL:[_:s ZI - - - - ------- _1.11.__.1N.. :_:_:_:_::.._._ .._. jj �� Bt�tAu� - -=A� .......... h� ahNE .-.-.-.-.-.t E .�g..... �e,.�=_� .......... ._._"_._."_._. } 4t1 Ave t i . �3e 1 =i_,_ �_lr ___�_�,z__�_�_i_ __�__ _ __._ .�.._._ � 1 D.......... S�_L. q .ve._.-iol SE 1s:A_I_.J._.1._�.__�� �E�:�t(:�f�E,T� �f�3�T =� ................. ���_ L11 _�_. _1j-�i._.1_L.._ ..L._. _._. ..._..__... ...._...._. _.__. ._._._. .. _.._.IsillEdtl _ 1_�_:_:-____ _�_ d �_ _________ :: Legend _. - - - Alleys �___�»___ __ __� __ 4....r CRA Boundary ._. _.._.._._---------------- 4 Page 510 of 675 Community Redevelopment Agency Sidewalk Map 96 Page 511 of 675 1 tF F � �PF F 4 Legend CRA E?.— y Exr Sling Sio'ew31k No Sidewalk { as M z; 96 Page 511 of 675 TRANSIT: PALMTRAN BUS ROUTES 97 Page 512 of 675 Page 513 of 675 M PUBLIC HEARING 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-017 - SECOND READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. EXPLANATION OF REQUEST: Property Assessed Clean Energy (PACE) is a program, which provides upfront capital to property owners to invest in energy -efficiency, renewable energy or wind -resistance improvements to their property. The property owner's participation is entirely voluntary and simply puts in place the security and repayment mechanism using a centuries-old tool of municipal government finance: the non -ad valorem assessment. PACE financing can be used to pay for energy efficiency, renewable energy or wind -resistance improvement upgrades to residential, multifamily, commercial and agricultural buildings. Energy conservation and efficiency improvement, is a measure to reduce consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing; installation of insulation; installation of energy-efficient heating, cooling, or ventilation systems; building modifications to increase the use of daylight; replacement of windows; installation of energy controls or energy recovery systems; installation of electric vehicle charging equipment; and installation of efficient lighting equipment. Renewable energy improvement is the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses one or more of the following fuels or energy sources: hydrogen, solar energy, geothermal energy, bioenergy, and wind energy. Wind resistance improvements, include, but are not limited to: • Improving the strength of the roof deck attachment; • Creating a secondary water barrier to prevent water intrusion; • Installing wind -resistant shingles; • Installing gable -end bracing; • Reinforcing roof -to -wall connections; • Installing storm shutters; or • Installing opening protections. Under Section 163.01 of the Florida State Statues, local governments may enter into interlocal agreements for their mutual benefits and allows for the creation of a separate legal or administrative entity to carry out the purposes of an interlocal agreement. Section 163.08 of the Florida State Statues provides subject to local government ordinance or resolution, that a property owner may apply to the local government for funding to finance a qualifying improvement and enter into a financing agreement with the local government. Costs incurred by the local government for such purpose may be collected as a non -ad valorem assessment. A non -ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment. Page 514 of 675 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By adopting minimum standards the City of Boynton Beach will be able to provide property owners the ability to finance energy improvements to their properties through assessments on their tax bills. This program will encourage energy efficient practices and create jobs. It will impact the City's carbon footprint by reducing greenhouse gas emissions and helping to meet our goal of an 18% reduction of GHG emissions by 2035. FISCAL IMPACT. Budgeted There is no fiscal impact to the City as all costs for the program will be borne by third party entities. ALTERNATIVES: Do not approve the minimum standards for PACE programs and do not move forward with any PACE programs at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation Initiative # 4.5.2 (8) "Investigate low interest revolving loan funds for establishment of a Property Assessed Clean Energy ("PACE')program to help finance retrofits. Ensure the program includes commercial, residential, and industrial projects to maximize energy retrofit benefits among the highest energy consumers. " Is this a grant? No Grant Amount: ATTACHMENTS: Type 03rdinance REVIEWERS: Department Planning & Zoning Description 03rdinance Creating PACE program Reviewer Action Date tanzione, Tammy Approved 81221201 - 8:26 AIV Page 515 of 675 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. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF ORDINANCES, BY CREATING A NEW ARTICLE XVI, ENTITLED "REQUIREMENTS FOR CITY OF BOYNTON BEACH'S PROPERTY ASSESSED CLEAN ENERGY PROGRAMS ("PACE")"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Property Assessed Clean Energy (PACE) is a program which provides upfront capital to property owners to invest in energy -efficiency, renewable energy or wind - resistance improvements to their property; and WHEREAS, the property owner's participation is entirely voluntary and puts in place the security and repayment mechanism using a centuries-old tool of municipal government finance; the non -ad valorem assessment; and WHEREAS, by adopting these minimum standards the City of Boynton Beach will be able to provide property owners the ability to finance energy improvements to their properties through assessments on their tax bills and the program will encourage energy efficient practices and create jobs; and WHEREAS, the City Commission finds it is in the best interest of the health, safety, and welfare of the public to increase the business tax receipt fees for businesses in the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1 Page 516 of 675 30 Section 2. That Chapter 2, "Administration" is hereby amended by creating a new 31 Article XVI, entitled " Requirements for City of Boynton Beach's Property Assessed Clean 32 Energy programs ("PACE"), to read as follows: 33 Chapter 2 Administration 34 Article XVI. Requirements for City of Boynton Beach's Property Assessed Clean Energy 35 programs ("PACE"). 36 37 (a) Definitions. For purposes of this Section, the following words and phrases shall 38 have the following meanings: 39 40 (1) Financing Agreement shall mean the financing agreement or the summary 41 memorandum of such agreement required to be recorded in the public records 42 pursuant to the PACE Statute. 43 44 45 (2) PACE assessment shall mean the non -ad valorem assessment placed on a 46 property owner's tax bill as a result of financing obtained under the PACE Statute. 47 48 (3) PACE local government shall mean a local government (as defined in the PACE 49 Statute) that has taken all required actions to fund PACE improvements, and any 50 person or entity acting on that local government's behalf. 51 52 (4) PACE Statute shall mean Section 163.08, Florida Statutes, which establishes 53 Florida's PACE program. 54 55 (b) In addition to any disclosure requirements in the PACE Statute. PACE local 56 governments that extend financing pursuant to the PACE Statute and levy a non -ad 57 valorem assessment to fund the PACE improvements shall present to the property 58 owner a separate, written notice disclosing the following ("Notice") 59 60 (1) The full legal description of the property subject to the PACE assessment: 61 62 (2) The total amount of the debt, including amount financed, fees, fixed interest rate. C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53-8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4 42sz �fi 4 Page 517 of 675 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 10 0 0 0 .. o. 90 91 92 93 94 95 96 97 98 capitalized interest and the effective rate of the interest charged [APRL; (3) The repayment process, amounts and a schedule that fully amortizes the amount financed including the maximum annual PACE assessment; (4) That the PACE assessment will appear on the property owner's tax bill; (5) That there is no discount for paying the PACE assessment earl; (6) The nature of the lien recorded and that the PACE assessment will be collected in the same manner as real estate taxes, that failure to pay the PACE assessment may cause a tax certificate to be issued against the property. and that failure to nay may result in the loss of property subject to the PACE assessment, including homestead property. in the same manner as failure to pay property taxes; and (7) The specific improvements to be installed and that the property improvements and PACE assessment may or may not affect the overall value of the property. (8) A term that does not exceed the useful life of the majority of the improvements, (9) The 3 -day right to cancel the financing, (10) FHFA policy toward PACE. (c) The Notice must be delivered to the property owner by the PACE local government, and must be signed and dated by the property owner prior to or contemporaneously with the property owner's signing of any legally enforceable documents obligating the property owner to participate in the PACE program or to repay financing obtained pursuant to a financing agreement or the PACE Statute. (d) The PACE local government shall record, or cause to be recorded, the signed Notice in the public records as an attachment to the Financing Agreement, which must also be recorded pursuant to the PACE Statute. (e) EliSible Properties. PACE Programs may finance improvements on residential C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53-8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4 42sz �fi 3 Page 518 of 675 99 properties 4 units or less) that meet the following criteria: (a) All mortgage -related debt on 100 the Property may not exceed 90% of the Property's fair market value (FMV), b) The 101 financing may not exceed (i) twenty percent 20%) of the just value of the property consistent 102 with the PACE Statute (c) The total mortgage -related debt on the underlying Property plus 103 program financing may not exceed the FMV of the Property. PACE programs may finance 104 improvements on commercial, industrial, agricultural, multi -family residential properties of 5 105 or more units, and other non-residential properties. IO 107 (f) Ei ib�provements. When energy efficiency and renewable energy improvements 108 are financed by PACE assessment they must be permanently affixed to the property. All 109 improvements and products must meet standards established by the U.S. Department of 110 Energy, the U.S. Environmental Protection Agency, or Florida state agencies. All 111 improvements must comply with the PACE Statute for energy efficiency, renewable energy 112 and wind resistance. 113 114 (g) Complaints and Dispute Resolution. The Program must receive, manage, track, timely 115 resolve, and report on all inquiries and complaints from property owners. In addition, the 116 Program must investigate and mediate disputes between property owners and contractors. 117 118 (h) Data Security. The Program is responsible for taking security measures that protect 119 the security and confidentiality of consumer records and information in proportion to the 120 sensitivity of the information. 121 122 (i) Consumer Privacy. The Program must develop and maintain a privacy policy that 123 complies with state and federal law (e.g., the Gramm Leach Bliley Act) and, in particular, 124 prohibits sharing with third parties personal identifying information of property owners 125 without the DrODertv owner's exbress authorization excebt where exbressly Dermitted by state 126 and federal law 127 128 (i) Marketing and Communications. The Program prohibits marketing practices that are 129 or could wear to be unfair, deceptive, abusive, and/or misleading, that violate laws or 130 regulations, that provide tax advice, that are inappropriate, incomplete or are inconsistent with 131 the Program's purpose. 132 133 (k) Protected Classes. The Program must develop and implement a program that validates C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53 8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4) 42fsz �fi M Page 519 of 675 134 elder homeowner (i.e., homeowners over 64 years old) understanding of the eligible 135 improvement project for which they are seeking Program financing, including the terms of 136 such financing. 137 138 (1) Contractor Management. The Program must ensure that contractors are licensed by 139 the appropriate State and Local agencies, and that they are insured and bonded. Additionally, 140 contractors must agree to follow program marketing guidelines, and act in good faith to timely 141 resolve property owner complaints. 142 143 (m) Maximum Financing Amounts. The Program will establish Maximum Financing 144 Amounts for every project type. The Program will establish pricing rules to ensure that 145 consumers are protected from excessive charges. 146 147 (n) Reporting. The Program will report on a quarterly basis to its local government 148 partners on the number of applications submitted, projects completed, energy saved, and jobs 149 created as a result of the Program. 150 151 (o) Closing and Funding. The Program requires that the property owner and the 152 contractor sign a certificate of completion prior to providing funding to the 153 contractor for the project. The Program also requires that any necessary permits are 154 nulled and verified prior to funding. The Program will conduct a randomized onsite 155 inspection protocol to verify that the appropriate financed products have been 156 ' installed. 157 158 Section 3. Each and every other provision of Chapter 2, of the Code of Ordinances of 159 the City of Boynton Beach not herein specifically amended shall remain in full force and 160 effect as previously enacted. 161 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 162 same are hereby repealed. 163 Section 5. Should any section or provision of this ordinance or portion hereof, any 164 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 165 such decision shall not affect the remainder of this ordinance. 166 Section 6. Authority is hereby granted to codify said ordinance. 167 Section 7. This ordinance shall become effective immediately upon passage. C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53 8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4) 42fsz �fi 6 Page 520 of 675 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53-8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4 42sz �fi Page 521 of 675 11.A. UNFINISHED BUSINESS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Commissioner Romelus has requested this item be brought back for reconsideration - The Commission considered this item on August 16, 2016 and Mayor Grant, Commissioners Katz and Romelus voted in favor of not opting out of this contract by October 3, 2016. Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. EXPLANATION OF REQUEST: As a result of the City's desire to increase safety on the City's roadways, on August 3, 2009, the City of Boynton Beach and American Traffic Solutions ("ATS") entered into a Professional Services Agreement, as amended, to facilitate the implementation of the City's red light camera program. Through its Business Rules, the City established a process to review photographic images and streaming video of potential red light violations. In October 2014 the Fourth District Court of Appeal issued an opinion about the City of Hollywood's red light camera program ("the Arem case"). Although the Boynton Beach program is distinct from, and different than, the program described in the Arem case, local judges and hearing officers decided to dismiss all of the City's pending red light cases and used the Arem case as a basis to do so. The City Commission then voted to suspend the City's red light camera program until the matter could be resolved. City staff revised the Red Light Camera Business Rules to address the opinions expressed by the local judges and hearing officers. The City also made a few changes based on the opinions expressed in the Arem case, even though the City's program has always been different than the program described in the Arem case. Following these program modifications, on August 4, 2015, the City Commission approved the Fourth Amendment to its agreement with ATS and authorized the City's red light camera program to resume operation. Pursuant to the amended agreement with ATS, the City received a three-month financial credit for the time that the cameras were turned off and a reduction in the monthly lease amount per camera. The City has the option to cancel the ATS contract for any reason or no reason at all, effective December 31, 2016. To do so, the City must notify ATS on or before October 3, 2016. Otherwise, the contract will continue through its expiration date of May 14, 2021. Since the City has resumed its red light camera program, there have been two types of hearings where the City's modified program has been evaluated and determined to be sound: (1) local administrative hearings at City Hall and (2) traffic infraction hearings in County Court. At the local administrative hearings, the Red Light Magistrate has heard testimony and evidence regarding the City's modified red light camera program and made a ruling that the City's red light camera program does not violate any of the provisions of the Arem case. The local hearings have proceeded twice a month without issue. Two individuals have filed appeals arising from their local hearing cases. The appeals are ongoing and the City Attorney's Office does not expect a ruling prior to October 3, 2016 when the City must decide whether or not to cancel the contract. Page 522 of 675 The traffic infraction hearings in County Court have been heard by four (4) different Traffic Hearing Officers. Each Traffic Hearing Officer has heard testimony and evidence regarding the City's modified red light camera program and made a ruling that the City's red light camera program does not violate any of the provisions of the Arem case. To date, no defendants have filed appeals arising from the County Court traffic infraction hearings. The City has not yet had any County Court traffic infraction trials with Judge Eissey, the County Court judge who previously dismissed the City's cases based on the City's "old" red light camera program. Judge Eissey has stayed all red light camera trials pending rulings on red light cases in the Second and Third District Courts of Appeal, as such rulings may have an impact on the breadth of the Arem ruling from the Fourth District Court of Appeal. The Third DCA recently issued is opinion in City ofAventura v. Jimenez, and held that the City of Aventura's red light camera program is legally sound. The City of Boynton Beach's program is similar to the City of Aventura's program. There is no set date for when the Second DCA will issue its red light appellate ruling; however, the parties participating in the appeal anticipate receiving a decision by October of this year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the Commission chooses not to cancel the contract, the City's red light camera program will remain intact and the City's enforcement of red light violations will continue. The City will continue to meet its goal of protecting the Citizens of Boynton Beach from the danger created by individuals who run red lights in violation of Florida law. Options: Do not cancel the ATS contract and continue the City's red light program through May 14, 2021. 2. Notify ATS that the City intends to terminate the contract, effective December 31, 2016. FISCAL IMPACT: Budgeted The amount of the fine is $158 per ticket, $83 is remitted to the State of Florida and $75 is retained by the City to operate the program. For the time period October 2015 thru July 2016 (10 months), the average monthly amount of: Fines Received $250,000 Amt to the State13( 5.000 Amt retained City 115,000 Operating costs - ATS camera lease ($66K), legal ($13K), magistrate ($1K)(80,000) Amt remaining in traffic fund 35,000 This program currently has three (3) staff members funded from the Police Department in the General fund that handles this program at an estimated annual cost of $170,000. ALTERNATIVES: Cancel the City's contract with American Traffic Solutions and suspend the City's red light camera program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 523 of 675 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: American Traffic Solutions, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Reviewer Type D Agreement D Agreement D Agreement D Agreement D Agreement D Agreement REVIEWERS: Description Original Agreement with ATS First Amendment to ATS Contract Second Amendment to ATS Contract Third Amendment to ATS Contract Fourth Amendment to ATS Contract Scriveners Error correction to Fourth Amendment Minutes from the August 4, 2015 discussion on ATS Contract Department Reviewer Action Date Finance Howard, Tim Approved 9/7/2016 - 8:53 AM Finance Howard, Tim Approved 9/7/2016 - 8:53 AM City Manager Howard, Tim Approved 9/7/2016 - 8:55 AM Page 524 of 675 EXCLUSIVE AGREEMENT BETWEEN T E CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement is made as of this day of , 2009 by and between American Traffic Solutions, Inc., a Delaware Corporation, licensed td do business in Florida, with offices at 14861 N. Scottsdale Rd, Suite 109, Scottsdale, Arizona 85254 ("Vendor"), and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, on December 16, 2008, the City Commission of the City adopted Ordinance 08-034 to authorize the City's Red light Enforcement Program and provides for the implementation and operation of such; and, WHEREAS, the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein. NOW "THEREFOR-:, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. AGREEMENT 1.0 A Yreernent. The parties agree to the terms and conditions of the February 8, 2008, Agreement between the City of Aventura and the Vendor, a copy of which is attached hereto and incorporated herein, except as amended as follows: A. All references to the City of Aventura shall be deemed as references to the City of Boynton Beach. B. All references to Aventura Ordinance 2007-15 shall be deemed as references to Boynton Beach Ordinance 08-034. S CMAGMTSIPtggyb%,k 1ArS -Red [.fight [:amera► doe Page 525 of 675 C. Section 14 shall be amended to reflect the Notice information for the City of Boynton Beach to be as follows: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 "Telephone: (561) 742-6010/ Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 / Facsimile: (954) 771-4923 D. Sections 1.28 and 6.2 shall be amended to provide for a sixty (60) day Warning Period. Section 10.8 is amended to read: "At the conclusion of the Warning Period, and the 2010 session of the Florida Legislature, the City and Vendor will review the indemnification provisions in this Section 10." F. Section 24.0 shall be amended to provide for venue in Palm Beach County, Florida. G. Exhibit A, "Designated Intersections," to the Aventura Agreement, shall be replaced with Exhibit A, "Boynton Beach Designated Intersections," attached hereto. H. There shall be an Exhibit G to the Agreement, the DMV Subscriber Agreement, which shall be executed by the City of Boynton Beach and attached to this Agreement. In the event of a conflict between the terms of the Aventura Agreement as amended hereto and the terms of the City's Ordinance, the terms of the City's ordinance shall prevail. 2.0 License for City Information. Vendor acknowledges that the names, logos, service marks, trademarks, trade dress, trade names and patents, whether or not registered, now or hereafter owned by or licensed to City are proprietary marks and Vendor will not use the marks for any purpose except as expressly permitted in writing by the City. Upon termination of this Agreement, Vendor shall immediately and permanently discontinue the use and display of any marks. Page 2 o f' 6 5 r(WAQMT%kPiWNck f A {'S - Red Light C wera) dm Page 526 of 675 3.0 In the event that the Aventura Agreement is amended, or terminated, Vendor shall notify the City within ten (10) days. In the event the Aventura Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. 4.0 The Vendor agrees that in the event it enters into an Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City, FOREGOING,IN WITNESS OF THE parfies have set their hands and seals thq above.day and year first written CITY OF BOYNTON BEACH, FLORIDA WITNESSES: Print A]"ThST. ' r — SFC TA Y Page 3 of 6 41CA1AGMTSIPiggybuk (A 1 S Red hghl Camera) do Page 527 of 675 STATE OF 7-nna- ss: COUNTY OF ON THIS:0day o 2009, before me, the undersigned notary public, personally appeared - --- personally known to -wko " produced ....................... ........ . and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so, I � I I I 1� I I 1 1,11 1 11; HIS i INGAINTMWW=1 My Commission Expires: S \CMAGMTS\Piggybwk (ATS - Red Light Camera) doc gognerm Page 528 of 675 EXHIBIT "A" Boynton Beach Blvd and Congress Avenue Congress Avenue and Gateway Blvd, Congress Ave and Woolbright Rd Federal Highway and SE 23rd Ave Boynton Beach Blvd and Seacrest Blvd All approaches All approaches All approaches All approaches Allapproaches Along with such additional Intersections, as Vendor and the City shall mutually agree on from time to time. Page 5 of 6 S ICAW3MTS,Prggyhack (ATS - Red Light Camera) dur. Page 529 of 675 EXHIBIT C ITOW ! ! ! i !I EElrEVT S CMAC M I STiggyback (ATS -Red Light Camera)dm Page 530 of 675 it �,��h i�Jz f> 1' 4' >,'y (,� 'h ii y- r ,: ft, ATS requires that ;roar agency cer:11y the intendec use of :he informatlort made availiabie to your agency through our services and that such uses are in comaance mt h "me Federal ®river's Privacy Protec,*n Act Title XXXI and other applicable iaws governing dissemination of puiAic records. Based on your agency's vended use of such information. ATS will either grant permission -o use the service or deny me application Please specrfy any of the follow'ng permtssinle uses under §2721 that apply (1) For use by any government agency. including any court of law enforcement agency in carrying out :s func-ions. or any private person or entity acting on behalf of a Federal, State or local agency in Carrying out its functions (4'1 For use in connection with any crvil, cnminal. adminis:ra:,ve, or ar:)itra: proceeding in any Federal. State, or locat court or agency or *e1bre any seif- regulatory body: inctudmg the service o' process, investigation in anticipation of Irtrgaucin, and :he execution or enforcement of judgr'tents and orders: oa pursuant to an order of a Federal, State, or local court +,7) For use in providing novice to :he owners of towed or Impounded vehicles ( 10) For use in connecti0in With the operation of private *toll transportation tacila*s in consideration of ATS making its Services avafl*,,Ie Subscriber agrees :o fly utilize ATS provided data only for the purpose(s) specified above". and ,ii; request such information only for :he SU.scriber s exclusive use in :he ordinary course of Subscriber's 'wsiness and no: for resale I cer'ify that ; am awhorized to execute the Subscriber L,se Gertificaiion on t;ehwf of the Subscriber listed below On behalf of such Sw)scrit)er, 1 certify that the above staterwis are 'rue anc correct Su')sM)er acknowledges and agrees that ATS may from time to time audit SubSCnbe('a use of ATS's Services -o ensure that such use is consistent with the intended uses set for -r, above and with all applicable laws This agreement shall be for year(s) eornmercinr on ;he date below and shall automabcally renew annually This agreement may !)e terromated *rain X days novice of the anniversary date. annually SUBSCRIBER INFORMATION Si--scrber Agency. ma NIL 'S Agency OR, Name of Authorized Representeove -ire of Au r :ed Remseritatve tlr}$ Aciaress ;rry °5iZIP Coae -eleohone Fa) Ernai 5 gr°ature of Authomeo fReprimmarve Confidential Information ation yy� Page I Pepto Enfor ~ anent Services Apmerrient Page 531 of 675 i 1RESOLUTION RI0- Il 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING N 5 AUTHORIZING ET CITY MANAGER 6 CITY CLERK OF AMENDMENTI TO THE EXCLUSIVE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH B AND AMERICAN TRAFFIC SOLUTIONS F 9 LIGHT ENFORCEMENT ; AND PROVIDINGA 10 EFFECTIVE DATE. 11 12 WHEREAS, in 2009, the City entered into an Agreement with American Traffic 13 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to 14 City Ordinance 08-034; and 15 WHEREAS, as a result of State Law enacted during the 2010 Legislative Session, 16 it was necessary for the City to amend its ordinance and implement the red light camera 17 enforcement program pursuant to the State Law; and 18 WHEREAS, it was also necessary for the City to amend its Agreement with ATS 19 since the scope of services and the compensation structure changed as a result of the State 20 Law; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 22 in the best interest of its residents and citizens to approve the Amendment No. 1 to the 23 Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions 24 for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk 25 to execute the document. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed S lC'A�RESO\Agreemenls�Rcso • Amendment No ; to A'rS Ked Light Agmt.doc Page 532 675 1 2 3 4 6 7 8 44 10 11 12 13 14 15 16 17 18 19 20 21 22 3 2 25 2 27 28 29 30 31 32 33 34 5 6 s being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve execution by the City Manager and City Clerk of the Amendment No. I to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. NA PASSED AND ADOPTED this Tday of September, 2010. N W 1.'►' I M. Prainito, MMC Clerk Mayor -o -odriguez lE Vic lay r - rlene Ross J N 1 Commissioner - Wod• hmendmem No u, ATS Red Light Agmt.doc Page 533 of 675 i0,.-f/v .4 ki 101 jj This Amendment No. 1 (the "Amendment") to the Exclusive Agreement Between The City of Boynton Beach and American Traffic Solutions For Photo Red Light Enforcement Program datedas f August 3, 2009 (the "Agreement") is made and effective as of this day of 2010 by and between the City of Boynton Beach, Florida, a municipal corporatlo (the "City") and American Traffic Solutions, Inc., a Kansas corporation ("Vendor"). WHEREAS, on or about December 18, 2008, the City adopted Ordinance No, 08-34, codified at Chapter 14.5 of the City's Code of Ordinances, which provides for the enforcement of red light violations using traffic infraction detectors (the "Ordinance"); and WHEREAS, on or about August 3, 2009, the City and Vendor entered into the Agreement, whereby the City and Vendor agreed to the provision by Vendor of services to the City in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that "the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein" (the February 8, 2008 Aventura Agreement is referred to herein as the "Aventura Agreement"); and WHEREAS, on or about May 13, 2090, the Governor of the State of Florida signed CS/CS/1-118325 into law, resulting in the Law of Florida 201080 taking effect on July 1, 2010, and WHEREAS, Law of Florida 2010-80 expressly authorizes municipalities to use traffic infraction detectors to enforce certain provisions of Chapter 318 of the Florida Statutes, subject to certain requirements; and WHEREAS, the City has amended Ordinance No. 08-34 and Chapter 14.5 of the City's Code of Ordinances to provide for the enforcement of red light violations using traffic infraction detectors in accordance with the provisions of Law of Florida 2010-80; and WHEREAS, the City and Vendor wish to amend and modify the Agreement to align the provision of services by Vendor with the provisions of Law of Florida 2010-80; Page 534 of 675 NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1, Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. Definitions. Section 1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.0 Definitions. The following words and phrases shall have the following meaning in this Agreement: 3. Definition of "Authorized Employee." Section 1.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.1 "Authorized Em to ee" means a Traffic Infraction Enforcement Officer, whose duties and qualifications are set forth in Law of Florida 2010-80, as may be amended or recodified from time to time. 4. Definition of "City Ordinance." Section 1.3 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.3 "CA -y- Ordinance" means Chapter 14 5 of the City's Code of Ordinances, as may be amended or recodified from time to time. ® Definition of "Civil Fee." Section 1.4 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.4 "Civil Fee" means the penalty assessed for violations of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 6. Definition of "Enforcement Documentation." Section 1.8 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1,8 "Enforcement Documentation" means the necessary and appropriate documentation related to the issuance and collection of Notices of Violation for the enforcement of Infractions including Notices of Violation, instructions for Notices of Violation, form affidavits, instructions for form affidavits, reminder letters, a ___....... ....................... _ — .... __ .....,_.. ........ .......... ..... . ..... Page 2ol,24 Boynton Beach, FL—ATS ConlrectAmend ment_Final_2010.08.19 City of Boynton Beach, FL Page 535 of 675 numbering sequence for Notices of Violation, chain of custody records, and technical support documentation. 7. Definition of "Infraction." Section 1.11 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.11 "Infraction" means any violation of Florida Statutes §§ 316.074(1) or 316,075(1)(c)1 that may be enforced pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 8. Definition of "Notice of Infraction." Section 1.15 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.15 "Notice of Violation" shall mean the notice of an Infraction, which is delivered by first class mail by Vendor to the owner of a motor vehicle involved in an Infraction based upon the appropriate Enforcement Documentation pursuant to the requirements of Law of Florida 2010-80, as may be amended or recodified from time to time. All references to the term "Notice of Infraction" in the Aventura Agreement, as incorporated into the Agreement, and the Agreement are deleted and replaced with the term "Notice of Violation." 9. Definition of "Ordinance," Section 1.17 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.17 "Ordinance" shall mean Chapter 14.5 of the City of Boynton Beach's Code of Ordinances, as may be amended or recodified from time to time. 10. Definition of "Potential infraction." Section 1.20 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.20 "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized Employee to review such data and determine whether an Infraction has occurred. 11. Removal of Duplicate Definitions of "Traffic Safety Camera Program." Section 1.25 of the Aventura Agreement, as incorporated into the Agreement, is retitled "Photo Red Light Enforcement Program." Page 3 of Boynton Beach, FLATS Contracl Amu ndment_Fina1_2010 08,19 City of Boynton Beach, FL Page 536 of 675 12. Definition of "Warning Period." Section 1,28 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.28 ';Warning Period" means the period of 30 days prior to the Installation Date of the first intersection approach. 13. Prosecution. Section 3.4 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 3.4 Prosecution. The City shall prosecute Infractions pursuant to the terms, procedures, and requirements of the City Ordinance and general law, subject to the City's routine law enforcement discretion. % Fees and Payment. Section 6 of the Agreement will now include this wording as follows: Flexible Payment Plan. During the term of the contract, payments by the Customer may be made to ATS under a Flexible Payment Plan. Under the Flexible Payment Plan, the Customer may defer certain payments to ATS until the Customer has collected sufficient funds pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient funds have not been collected by the Customer to pay the balance then due to ATS, ATS agrees to waive its right to recovery of any outstanding balance. For purposes of this clause, the term "funds" means the revenue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. This clause will be applied as follows: ATS will maintain an accounting of any net balances owed to ATS. If the amount collected during a billing period exceeds the amount of ATS invoices during the same period, the Customer shall pay ATS the total amount due. If the amount collected during a billing period is less than the amount of ATS invoices during the same period, the Customer shall pay ATS the amount collected, and may defer payment of the remaining balance. Payments due to ATS shall be reconciled by applying future funds collected, first to the accrued balance, and then to the invoice for the current billing period. At any time that ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected during that billing period. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future ATS invoices, 15. Termination for Cause. Section 6.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: Boynton Beach, FLATS Contract Amendment_Final_2070.08.19 City of Boynton Beach, FL Page 537 of 675 6.1 Termination for Cause: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state or federal statutes are amended, or regulations adopted by agencies with jurisdiction, to prohibit the operation of photo red light enforcement systems, to make it impracticable to operate the red light enforcement program, or to impose restrictions on revenues and uses that are materially contrary to the terms of this Agreement or the provisions of the current State Law: (ii) any court having jurisdiction over the City rules or declares, that the city's red light enforcement program, or the program set forth in the State Law, is invalid, or results from Vendor System of photo red light enforcement are inadmissible in evidence due to a defect in the manner in which such results were obtained or processed (in which case, Vendor shall have the opportunity to cure such defect, as provided below), or otherwise renders a decision that makes it impracticable to operate the red light enforcement program; (iii) a determination by a court of competent jurisdiction or other applicable dispute resolution forum that Vendor has infringed upon a third party's patent, trademark, copyright, trade secret or other intellectual property; (iv) the other party commits a material breach of any of the provisions of this Agreement; and (v) Vendor's non- payment of revenues to City as required by this Agreement. In the event of a termination due to this Section, City shall be relieved of any further obligations to Vendor other than as specified herein. Either party shall have the right to remedy the cause for termination within forty-five (45) calendar days (or within such other time period as the City and Vendor shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. The rights to terminate this Agreement given in Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. % Warning Period. Section 6.2 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 6.2 Warning' Period. Vendor shall provide assistance to the City for a periodic announcement and awareness campaign required thirty (30) days in advance of the commencement of the City's program. 17. Procedures for Processing Payments. Sections 7.2, 7,3, and 7A of the Aventura Agreement, as incorporated into the Agreement, are deleted and replaced with the following: ......___ Boynton Beach, FLATS Contract Amendment_ Fina1-2010.08.18 City of Boynton Beach, Ft - Page 538 of 675 7.2 Vendor shall be responsible for processing payments of Civil Fees paid pursuant to Notices of Violation and, to the extent practicable and permitted by the court, Uniform Traffic Citations. Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. Any payments made in person to the City will be taken by the City and applied through Axsis System, 7.3 Vendor's lockbox shall remit to the designated City account all payments received during a week, no later than 5:00 p.m. Eastern Time on Tuesday of the following week, if such Tuesday is a legal holiday or a day upon which banking services are not available, Vendor's lockbox shall remit such payments on the next day that is not a legal holiday and that banking services are available. 7.4 Vendor shall invoice the City for all applicable fees for services rendered by Vendor pursuant to this Agreement according to the fee schedule delineated on Exhibit F. Along with the invoice. Vendor shall provide information to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to Vendor's financial records evidencing payments for all paid Notices of Violation and for Uniform Traffic Citations (the "UTC") for red zone infractions at City's Designated Intersections upon City's reasonable request. 18. Legal Challenges and Indemnification. Sections 10.4, 10.5, 10.6, and 10.8 of the Agreement are deleted, except that the provisions of Section 10.4 (cost of legal challenges) shall continue in full force and effect as to any legal challenge within the scope of Section 10.4 to the extent that such legal challenge (a) was Fled with a court of competent jurisdiction on or before June 30, 2010 or (b) is based upon the Photo Red Light Enforcement Program as it existed and was operated prior to July 1, 2010. In the event of any legal challenge to the City's enforcement of the State Law, Vendor shall provide reasonable administrative assistance to the City in responding to that challenge, including, but not limited to, providing reasonable assistance to the City in responding to discovery sought from the City, providing reasonable assistance to the City in explaining and presenting the technicial aspects and operations of the Vendor Photo Red Light System, and providing reasonable assistance to the City in identifying and locating violations. 19. Exhibits. Exhibits A, B, C, D, and F to the Agreement are deleted and replaced with Exhibits A, B, C, D, and F to this Amendment, The terms of Exhibit "F", "Service Fee Schedule" (the "Schedule"), shall be subject to the following conditions; A. Reopener. If the provisions of the Service Fee Schedule (Exhibit F) have operated to the material financial detriment of a party when compared to the operation of the Photo Red Light Enforcement Program prior to the execution of this _ Flge 6 of 24 Boynton Beach, FL—ATS Contract Amendment— Final_2010. 06, 19 City of Boynton Beach. FL Page 539 of 675 Amendment No, 1 then that party may provide the other party with written notice explaining how the Service Fee Schedule has operated to that party's material financial detriment and requesting to negotiate an amendment to the Service Fee Schedule (a "Reopener Notice"). The parties shall act in good faith to negotiate an amendment to the Service Fee Schedule that addresses, in a manner that is fair and equitable to both parties, the matters raised in the Reopener Notice. If the parties fail to reach agreement upon an amendment to the Service Fee Schedule within 90 days of the Reopener Notice, then either party shall have the right to terminate this Agreement without penalty or early termination fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30 days advance written notice to the other party, such notice to be given no later than 100 days from the Reopener Notice. This provision shall expire and be of no further force or effect 365 days from the Effective Date (the "Expiration Date"); provided, however, that if a Reopener Notice is given pursuant to this section before the Expiration Date, the parties shall have the negotiation and termination rights provided in this Section, notwithstanding the passage of the Expiration pate, solely with respect to that Reopener Notice. 20. Most Favored Governmental Entities. The Vendor agrees that if, after the Effective Date of this Amendment No. 1, it enters into an agreement for the same or substantially similar scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, that are more favorable than the terms in the Agreement, as modified by this Amendment, the City may provide Vendor with written notice explaining how the new agreement is for the same or substantially similar services and how the new agreement contains terms or conditions that are more favorable than the terms in the Agreement, as modified by this Amendment and requesting to negotiate an amendment to the Agreement (a "New Agreement Notice"). The parties shall act in good faith to negotiate an amendment to the Agreement that addresses, in a manner that is fair and equitable to both parties, the matters raised by the City in the New Agreement Notice. If the parties fail to reach agreement upon an amendment within 90 days of the New Agreement Notice, then the City shall have the right to terminate this Agreement without penalty or early termination fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30 days advance written notice to the Vendor, such notice to be given no later than 100 days from the New Agreement Notice. 21. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement and Aventura Agreement, as incorporated into the Agreement, shall remain in full force and effect. Unless a different meaning is specified in the Amendment, all capitalized terms used herein shall have the meaning described in the Agreement. In the event of a conflict between the terms of this Amendment, the Agreement, and the Aventura Agreement, as incorporated into the Agreement, the terms of this Amendment shall prevail and control. 22. Entire Agreement. The provisions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. All representations and promises made by any party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as amended by this Boynton Beach, FL_A7s Contract Amendment—Final-2010.08.19 City of Boynton Beach, FL, Page 540 of 675 Amendment, the terms of the Agreement and the Aventura Agreement, as incorporated into the Agreement, shall continue in full force and effect. 23. Counterpart Execution. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. IN WITNESS OF THE FOREGOING, the parties haves t their hands and seals the day and year first written above. a _ I iClerk ate APPROV74AST01 MORM ¢, r. -MAM. - ■., Date Adam E. Tuton Date 9-1,6- /0 Chief Operating Officer Date ...._..... _ ..w. d16 2 Boynton Beach, FLATS Contract Amendment -Final -2010.08 19 City of Boynton Beach. FL Page 541 of 675 M On this jYf__:-day of 010, before me, the undersigned notary public, xw gr� 7 g +-a e-1 personally known to me or who personally appear d jLNd�ag�' has produced -0nve4-s " Le,4*e, as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the 4ame on behalf of American Traffic Solutions, Inc. and that he was duly authorized to do ?C. IN WITNESS WHEREOF I he a nto set my hand and official a s al. I e CATHERINE E WILKINS Seal� Notary Public - Arizona Maricopa County • My Comm. Expires Feb 7, 2014 N1 ARP PfJBLIC 11 -- - My commission expires: I r1t I LX as Print Name a'T' 2A Boynton Beach, FL—ATS Contract Amendment—Nnal-2010.08.19 City of Boynton Beach, FL Page 542 of 675 City will designate first phase implementation of cameras at designated intersections. Vendor shall make its best efforts to install a camera system within thirty (30) days of permits being granted and power delivered for each agreed upon approach, during the term of this Agreement, providing that City has received permission for all implementations in writing from any third -party sources. Designated intersections to be analyzed: Boynton Beach Blvd and Congress Avenue All Approaches Congress Avenue and Gateway Blvd. All Approaches Congress Avenue and Woolbright Rd, All Approaches Federal Highway and SE 23rd Ave All Approaches Boynton Beach Blvd and Seacrest Blvd All Approaches The intersection approaches to be installed pending a constructability analysis and notice to proceed from the City include, but are not limited to, the following: 1) EB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Avenue 2) EB E Gateway Blvd @ N Congress Ave 3) NB S Federal Hwy @ SE 23rd Ave 4) EB W Woolbright Rd @ S Congress Ave 5) NB N Congress Ave @ E Gateway Blvd 6) NB N Congress Ave @ W Boynton Beach Blvd ! NW 2nd Ave 7) SB N Congress Ave @ W Boynton Beach Blvd ! NW 2nd Ave 8) SB S Congress Ave @ W Woolbright Rd 9) SB S Federal Hwy @ SE 23rd Ave 10)WB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Ave 11)WB W Woolbright Rd @ S Congress Ave 12)NB S Congress Ave @ W Woolbright Rd 13)SB N Congress Avenue @ E Gateway Blvd Implementation and installation of any approach is subject to video analysis and engineering results. Additional approaches may be selected in addition to first phase implementation and may be selected based on collision history, community safety and engineering feasibility assessments. Vendor can provide City with video evaluation of candidate approach sites using the AXSIS VIMS system to assist City in its recommendations. Camera installations will be based on mutual agreement by City and Vendor. This program may be implemented at additional intersections. The intersections will be designated by the Police Department, which designation will be based upon Police Department Staff review and an engineering analysis. Boynton Beach, FLATS Contract Amendment FIna1-2010.08.19 City of Boynton Beach, FL Page 543 of 675 City Administration and Police Department, and vendor, will periodically review installed equipment at selected approaches. The City may request the relocation of a camera, at Vendor's cost, based upon this review; provided, however, that if the City requests the relocation of a camera fewer than twelve (12) months after the installation of that camera, the City shall bear the cost of such relocation, and if the parties cannot agree on a suitable alternative location the installed equipment may be removed. ... . h , Boynton Beach, FR<_ATS Contract Amendment Final_2010.0$.19 City of Boynton Beach, FL Page 544 of 675 Timeframe for Installation: Photo Red Light Enforcment Program Vendor will have each specified intersection installed and activated in phases in 2ccorclance with an implementation plan to be mutually agreed to by Vendor and City pursuant to Exhibit Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement, Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole cost and expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager; 1.2 Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer; 1.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all sensors, pavement loops, electrical connections, and traffic controller connections, as required; 1A Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection(s) (collectively, the "Approvals'), which will include compliance with City permit applications. in the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by-case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and if required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1.6 Seek rights from private property owners, as necessary for the placement of System Equipment at designated intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent _�... Page 12of 4 Boynton Beach. FL_ATS Contract Amendment_Fina1_2010 08.18 City of Boynton Beach, FL Page 545 of 675 rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by-case basis. 1.7 Finalize the acquisition of the Approvals; 1.8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"); 1.9 Develop the Red Light Infraction Criteria in consultation with the City; consistent with the State Law; .10 Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the State Law, provided, however, that the City shall provided Vendor with a form of Traffic Citation, with the understanding that some modifications may be necessary to enable use with Vendor's systems or to comply with the State Law; 1.11 The City and Vendor acknowledge that, under the State Law, traffic citations will be adjudicated in court and that Vendor may be required to incur costs to develop an interface with the court system. The Vendor shall be responsible for its own development costs for any such interface. The City and Vendor shall address and development costs charged by the court or a third party Vendor on a case by case basis; 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System; 1.15 Implement the use of the Vendor System at each of the Designated Intersections; 1.16 Deliver the Materials to the City; page 13 of 24 Boyrnlon Beach, FLATS Contracl Amendment—Final-201 (). 08.19 City of Boynton Beach, FL Page 546 of 675 17 Within five (5) business days of me alleged observed violation, place the alleged violation within the Violation Queue for review by the City's Traffic infraction Enforcement Officer for a determination of whether a Notice of Violation should be issued; 1.15 Upon approval by the City's Traffic Enforcement Officer, issue Notices of Violation within five (5) business days; 1.19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non -responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law; 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; 1.21 Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.22 interact with court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court; 1.23 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the State Law Photo Red Light Enforcement Program; 1.24 Notice of Violation processing, including receipt of payments, and Traffic Citations, 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer, for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras Pa,ge 14 M 24 Boynton Beach, FL—ATS Contract Amendment_Final_ 2010.0$.19 City of Boynton Beach FI. Page 547 of 675 effortsand the activation date. Additionally, Vendor shall coordinate publi* relations R assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera, R1. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole !- 2.1 Appoint the Project Manager; 2.2 Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.3 Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the PHOTO RED LIGHT ENFORCEMENT PROGRAM; 2.4 Assist and cooperate with Vendor in seeking Approvals, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals; 2.5 Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the Photo Red Light Enforcement Program; 2.6 Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7 Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy; 2.8 Assist Vendor in developing the Red Light Violation Criteria consistent with the State Law; 2.9 Seek approval of the Enforcement Documentation; 2.10 The City shall, on a form provided by Vendor, provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law; Page 16 of 24 Boynton Beach, FL ATS Contracl Amendmenl_Final_2010.08.19 City of Boynton Beach, FL Page 548 of 675 2.11 If feasible, and only after all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and/or City Ordinances and notify Vendor within five (5) business days of its appearance in the Notice of Violation Review Queue, using AxsisT"' to determine which violations will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.13 Within five (5) business days of its appearance in the Traffic Citation Review Queue, using Axsis rm, for unpaid Notices of Violation, the Traffic Infraction Enforcement Officer shall process the violation and advise Vendor whether to issue a Traffic Citation, or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.14 City shall provide access to the Internet for the purpose of processing Potential Infractions; 2.15 Vendor shall provide Police Department / Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated; 2.16 For optimal data throughput, Police Department I Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (IT) Department on installation and implementation of the computerized aspects of the program; 2.17 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. 2.1 B In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Page 16 of 24 Boynton Beach. R—ATS Contract Amendment—Finai M0.08.19 City of Boynton Beach. FL Page 549 of 675 Department and the counterparts at ATS shall coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. ......... ,.. . Pa,;Ie 17 cd 24 Boynton Beach, FL_AT5 Contract Amendment—Fina)-2010.08 19 City of Boynton Beach, FL Page 550 of 675 18 All repair and maintenance of Photo Red Light Enforcement Program systems and related equipment will be the sole responsibility of Vendor, including but not limited to maintaining the casings of the cameras included in the Vendor System and all other Equipment in reasonably clean and graffiti -Free condition. 2. Vendor shall not open the Traffic Signal Controller Boxes without representative of Palm Beach County Traffic Engineering present, 3.. The provision of all necessary communication, broadband and telephone services to the Designated Intersections will be the sole responsibility of the Vendor. 4, The provision of all necessary electrical services to the Designated intersections will be the sole responsibility of the Vendor. 5. In the event that images of a quality suitable for the Authorized Employee to identify Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide and install such flash units. 6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's Project Manager each day. 7. Vendor shall ensure that all equipment that it provides pursuant to this Agreement meets the specifications, if any, adopted by the Florida Department of Transportation pursuant to Florida Statute, Section 316.0745(6), by July 1, 2011. 8. In the event that a camera is inoperable for any reason for three (3) or more business days, the City shall be entitled to a refund of 1130 of the monthly program fee per day for each day the camera system is inoperable. Page 13 of 24 Boynton Beach, FLATS Contract Amendment_Finai_2010 08.19 City of Boynton Beach, FL Page 551 of 675 1, All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. The Vendor shall make the Initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meet its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 4, The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. . Vendor shall provide storage capabilities for the City to store Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the penalty or submit an affidavit of non -responsibility that satisfied the requirements of the State Law. 7 The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Notice of Violation shall be issued with respect to each potential violation captured within such Violation Data, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose within five (5) days of the Violation Data being placed by Vendor in the Notice of Violation Review Queue. As to the issuance of Traffic Citations, the City shall cause the Authorized Employee to review the Violations Data and to determine whether a Traffic Citation shall be issued with respect to previously issued Notice of Violation, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose within five (5) days of the Violation Data being placed by Vendor in the Traffic Citation Review Queue. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICES OF VIOLATION AND TRAFFIC CITATIOfNS SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT _.......__...._........._._._......................_._.......�.... _......... _. ��......�.............. . Pag tg of 4 Boynton Beach, FLATS Contract Amendment—Final-2010.08-19 City of Boynton Beach, FL Page 552 of 675 WITH THE STATE LAW (AN "ISSUANCE DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION. 8. With respect to each Authorized Violation, Vendor shall print and mail Notice of Violation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee. As to issuance of Traffic Citations, Vendor shall print and mail a Traffic Citation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee; . Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor Standard Report System. 11, Upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the City in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Photo Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes §316.0083 and shall make that affidavit available to owners through an internet location or upon telephone or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation, Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. Boynton Beach, FLATS Contract Amsndmenl_Fine1_2010.08.18 City of Boynton Beach, FL Page 553 of 675 15. ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected by Vendor on behalf of the Customer will be deposited in this account and transferred by wire the second business day of each week to the Customer's primary deposit bank. The Customer will identify the account to receive funds wired from U.S. Bank. If desired, Customer will sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customers financial interest in said U.S. Bank account is preserved. aye 21 o ?. Boynton Beach, FL_ATS Contract Amendment_Flna1_2010,08.19 City of Boynton Beach. FL Page 554 of 675 UN- RAM HE Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Red Light Photo Enforcement Program, as offered in the ATS proposal, . Vendor shall be solely responsible for installing such Signage. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ("Signage"), including, but not limited to, the State Law, the City and County Ordinances, State Statutes, and Florida Department of Transportation (1=DOT) Regulations and shall assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall confer on a weekly basis for the initial three (3) months of the Term of this Agreement, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the Red Light Photo Enforcement Program. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. Page 22 of 24 Boynton Beach, FLATS Contract Amendment_Fina1_2010.08.19 City of Boynton Beach, FL Page 555 of 675 7 The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and directly by the City, or any of its employees, contractors or agents. In all other instances, such costs shall be solely the Vendor's costs. 8, Vendor acknowledges that it is aware of the retention responsibilities for the records created by the services it provides to the City pursuant to this Agreement, and will maintain the public records of the program consistent with the requirements of Florida's public records law. ._... Boynton Beach, FL—ATS Contract Amendment—Final-2010.08,19 City of Boynton Beach, FL Page 556 of 675 EXHIBIT ROADMAMI 1.0 Description of r Monthly Fees are based on per - are as follows- Fee Lane based pricing (Plus certified mail processing surcharge of $4 per piece metered for mailing Uniform Traffic Citations no return receipt) For 1 or 2 lanes $3,750 For 3 or 4 lanes $4,750 For 5 or 6 lanes $5,750 Service Fees Include: Fee includes all costs required and associated with camera system installation, maintenance and on-going field and back-office operations. Includes red-light camera equipment for the desired lane approach with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. 2.0 Collection Services (Optional): ATS may initiate collection efforts of delinquent notices upon written request by Customer, provided that such collection efforts are permitted by the County Court and are consistent with law. ATS will be entitled to receive portions of the collected revenue as noted below. The maximum is 30% total for both pre -suit collection and collection via litigation. For those accounts in default that go to collection, this is in addition to our Fees noted above. Pre -suit Collection Letters 10% of Recovered Revenue Delinquent Collections Services (including fling and maintenance of litigation) 30% of Recovered Revenue - Fagg 24 of 2 a_ Boynton Beach, FLATS Contract Amendment_Final_2010 08.19 City of Boynton Beach, FL Page 557 of 675 I RESOLUTION R12-135 2 i 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING EXECUTION BY 'THE INTERIM CITY 6 MANAGER AND CITY CLERK OF A SECOND AMENDMENT 7 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 8 CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC 9 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT 10 PROGRAM; AND PROVIDING AN EFFECTIVE DATE, 11 12 WHEREAS. in 200th, the C.Ity entered into an Agreement with American Traffic 13 Solutions. Inc. (Al'S) to implement a red light camera enforcement program pursuant to 14 City Ordinance 08-034: and 15 I WHEREAS, on September tO, 2-010 the City and ATS amended the Agreement 16 since the scope of` services and the compensation structure changed as a result of the State 17 I-aw-, and 18 WHEREAS, the City desires to place cameras at five (5) additional approaches 19 which requires an additional amendment to the Agreement: and 20 WHEREAS, the City Commission of the City of'Boyraon Beach, Florida deems it 21 in the best interest of its residents and citizens to approve the Second Amendment to 22 Professional Services Agreement Between the City of Boynton Beach and American 23 'fraffic Solutions for Photo Red Li ht Enforcement Program and authorize the Interim 24 City Manager and City Clerk to execute the document. 25 NOW, THEREFORE, 13F IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYN,rON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon i)ocuniew in Winjows iniemei [:xptorer Page 558 o 675 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 35 adoption hereof' Section 2. The City Commission of the City of' Boynton Beach, Florida does hereby approve and authorize execution by the Interim Cliy Manager and City Clerk of the Second Amendment to Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions f'or Photo Red fight Enforcement Program, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 18`" day of December, 2012. Cl FY OF BOYNTON BEACK FLOIUDA Mayor — WO 4 or Mack Mc( C� is, net — A] IFS I Jan-OMM. Pra inito, vCleric k Documcw III WIII(JOWS Inte[rICT F."'Ploro Page 559 of 675 This Second Amendment ("Second Amendment") is dated effective this day of 201 _q and is entered into between American Traffic Solutions, Inc. ("ATS"), a corporation duly registerunder the laws of the State of Kansas with its principal place of business at 1330 West Southern Avenue, Tempe, Arizona 85282 and the City of Boynton Beach ("City"), a municipal corporation of the State of Florida. RECITALS WHEREAS, on August ust 3, 2009, the City and ATS entered into a Professional Services Agreement for the City's use of the Axs iST System to enforce traffic violations (the "Agreement"); and WHEREAS, on September 16, 2010, the City and ATS amended the Agreement (the "First Amendment"); and WHEREAS, section 12 of the Agreement requires any amendments, modifications, or alterations of the Agreement to be in writing and duly executed by the parties-, and WHEREAS, the City and ATS mutually desire to amend, modify or alter certain terms and conditions of the Agreement. If MIN JJ: 11 * 0 a NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Second Amendment, the City and ATS do hereby agree as set forth below: 1. The above recitals are true and correct and are incorporated herein, 2. Execution of this Amendment shall serve as a Notice to Proceed for the installation of five (5) new Approaches, as follows: 1, EB E Boynton Beach Blvd/NW 2nd Ave at N Seacrest Blvd 2. SB N Congress Ave at E Gateway Blvd 3. SB NW 8th St at SR 804/W Boynton Beach Blvd 4. EB SIR 804NV Boynton Beach Blvd at NW 8th St 5. EB W Woolbright Rd at SW 8th St/Corporate Cr 3. Pursuant to Paragraph 1.0 of the Agreement, the City and ATS agreed to be bound by the terms and conditions of the February 8, 2008 Agreement between the City of Aventura and ATS. Pursuant to the provisions set forth in Paragraph 2.0 of the Agreement between the City of Aventura and ATS, the Initial Contract Term between the City of Boynton Beach and ATS expires May 14, 2016. This Second Amendment shall not alter, amend, or extend the May 14, 2016 expiration date. 4. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the Agreement as amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Agreement or the First Amendment, the terms of this Second Amendment shall prevail and control, 5. The provisions of the Agreement, as amended by the First and Second Amendments, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Page 560 of 675 & This Second Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. 7. Each party represents and warrants that the representative signing this Second Amendment an its behalf has all right and authority to bind and commit that party to the terms and conditions of this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment CITY OF OF BOYNTON BEACH By: or City Mdn-ager ATTE By: AMERICAN TRAFFIC SOLUTIONS, INC. By: Michael Bolton, Chief Operating Officer N n Di3te t- t 2, Date �' / I q /'j Date Page 561 of 675 The Clity of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbf1.us www.boynton-beach.org Ms. Amanda Bastachury American Traffic Solutions, Inc. Tempe, AZ 85282 i_ I a TO M WIN M F. ra ro Ps", I Attached is the agreement and a copy of the Resolution mentioned above. Once, the agreement has been signed, please return the original to the City Clerk's Office for further processing. If you have any questions, please do not hesitate to contact me. Very truly yours, et M. Prainito, MMC City Clerk Us S:\CC\Wig\AFTER CO MIMISSION \Other Tiansmittal Letters After Comxnissiorj\2012\RJ2-135 ATS Second AxneridmerlL.doc America's Gateway to the Gu4jstream Page 562 of 675 1 RESOLUTION R13-074 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY, 4 OF BOYNTON BEACH, FLORIDA, APPROVING A THIRD 5 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN 7 TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT 8 ENFORCEMENT PROGRAM AND AUTHORIZING 9 EXECUTION OF THE THIRD AMENDMENT BY THE CITY 10 MANAGER AND CITY CLERK; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, in 2009. the Cit-, entered into an Agreement with Amen call Tral'! I c 14 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to 15 City Ordinance 08-034, and 16 WHEREAS, on September 16, 2010 and December 18, 2012, the City and ATS 17 amended the Agreement; and 18 WHEREAS, on .lune 18. 2011 the City Commission established the City's local 19 hearing process for Red Ligh(Cainera citations pursuant to Florida House Bill 7125-1 and 20 WHEREAS, the Agreement between the Cit� and ATS requires amendment to 21 incorporate the services that the Clt� will require of ATS to comply with the new 22 legislation; and 23 WHEREAS, the City Commission of the City of"Boynton Beach, Florida deems it 24 in the best interest of its residents and citizens to approve the Third Amendment to 25 Protessional Services Agreement Betwcn the City of Boynton Beach and American 26 Traffic Solutions for Photo Red Light Enforcement Program and authorize the City 27 Manager and City Clerk to execute the document. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA, rHAT: %all M,3 taa Oh,auto I )at a'] 92 1 eim 1 '4,,252 t 333I,Rvk, I hi!d Amends icill to A i.4 Ked_[,joil Agrnl docs Page 563 o 675 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 32 33 34 35 Section 1. . Fhe foregoing "Whereas" clauses are hereby ratified and confirmed as being, true and correct and are hereby made a specific part of this Resolution upon adoption hereof' Section 2. 'fhe City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the City Manager and City Clerk of the Third Amendment to Professional Services Agreement between the City of' Boynton Beach and American Traffic Solutions tor Photo Red Light Friforcement Program, a copy of which is attached hereto as L`xhlblt "A". Section 3. This Resolution will become effective immediately Upon passage. PASSED AND ADOPTED this 6th day of August, 2013). ATTE ST - �Taijt�M.trra--inito, MMC' City' ;Aapps3 c1h, CITY OF BOYNTON BEACH, FLORIDA Ma rr--Yerr)kaylor del"" ice Mayor - Woodrow 1-°'] lay C0­mr':hissA0)jner-- )aw,id T. MerkKeIr Corprrussioner Nlichael M. Fitzpatrick Con nissioner - Joe Casello 82',ftems,,1741,252 I 33341Reso - 1'hird Amv;jdment_[o_AI; Red LighiAgna duc Page 564 of 675 THIRD AMENDMENT TO PROFESSIONAL This Third Amendment (this "Amendment") is dated effective this 1-9 entered into between American Traffic Solutions, Inc ("'ATS"). a Kansas corporada of tion and the City of Boynton and €s ynton Beach ("Customer"), a municipal corporation of the State of Florida RECITALS WHEREAS, on August 3.. 2040, Customer and .ATS entered into a Professional Services Agreement (the "Agreement"), and WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law CS/CS/H67125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Fiorida Uniform Traffic Code and taking effect on July 1, 2013, and WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align the provision of services by ATS with the provisions and requirements of Laws of Florida 20113-160 TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below 1 Section 1 21 of Exhibit B of the Agreement is hereby amended to include Notice of Violation hearings authorized by Laws of Florida 2013-160. This section shall read in pertinent part " and technical support documentation for a hearing in traffic court, and before the City's special magistrate, it necessary.,, 2 Exhibit F is hereby amended to add the following "ATS is authorized to charge, collect and retain a convenience fee of up to 5% of the total dollar amount for each electronic payment processed Such convenience fees are pard by the violator ' 3 Exhibit a is hereby amended to add a new Section 16 as follows -Subsequent notices, other than those specified in section 8, may be delivered by First Class mail for additional compensation as set forth in Exhibit F " 4 Exhibit F is hereby amended to add the following " For a one-year period beginning on execution of this amendment, the subsequent notices mailings fee shall be $2 00 per piece This fee amount shall automatically continue for subsequent one year periods unless the parties amend this provision by mutual agreement " 5 Exhibit G is hereby amended to add the following to paragraph 6 "if an affidavit of non -responsibility is received within the time period set by State Law, a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such If a request for a hearing on a Notice of Violation is received, the City shall be provided a copy of such within five (5) calendar days of Vendor's receipt. The City shall not be charged for any additional mailings of Notices of Violations to be sent out upon receipt of affidavits of non -responsibility 6 Exhibit C is hereby amended to revise paragraph 13 to provide that Vendor shall also interact with City personnel regarding the implementation of hearings before the City's Special Magistrate. This shall include the ability to review evidence packets by internet connection during hearings, as well as the ability to print and finalize orders resulting from such hearings 7 Section 2 of Exhibit B is hereby amended to add the following "Customer shall provide, either for itself or through an inter -local agreement with another jurisdiction. a local hearing officer,. clerk, and hearing facilities to schedule and hear disputed Notices of Violation " 8 Section 1 of Exhibit B is amended to add the following to 1 18 "Vendor shall provide the City with copies of requests for heanngs on Notices of Violation within five (5) calendar days of receipt If an affidavit of non - responsibility is received within the time period set by State Law. a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such :" Page 565 of 675 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect In the event of a conflict between the terms of this Amendment and the Agreement. the terms of this Amendment shall prevail and control 10 This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument Each party represents and warrants that the representative signing this Amendment can its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment IN WITNESS WHEREOF, the parties hereto have executed this Amendment Boynton Beat Ey-.,._. Title City Manager Date September- 18, 2013 APPROVED AS TO FORM: h 1 ate. T ORNEY l America affic Solutions, I By � /- /. �, Titllr r Date -W1ZA—S-- Page 566 of 675 r- 2 3 4 5 6 7 8 9 10 11 12 A RESOILUT14IN OF THE CITY OF jS4PYNT*N BEACH, FLORIDA, APPROVING A FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM AND AUTHORIZING THE MAYOR AND crry CLERK TO SIGN THE r,'' AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2009, the City entered into an Agreement with American Traffic 13 Solutions. Inc. (ATS) to implement a red light camera enforcement program pursuant to 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i City Ordinance 08-0-'4. and WHEREAS. on September 16. 2010. December 18. 2012, and September 13, 20I , the City and ATS amcnded the Agreement; and WHEREAS, City staffhas revised the Red 1-ight Camera Business Rules to address the opinions expressed by the local judges and hearing officers as well as the opinions expressed in the Arem case, even though the City's program has always been different than thu program described in the Arem case; and WHEREAS. the Amended Professional Strvices Agreement would allow the City to resume its red light camera prograrnand, if challenged, present the modified program to the courts ior review; and WHEREAS. the 01N, C.0111111i,,Sion 01.'111C City 01"Boynton Beach. Florida deems it in the best interest of its residents and Citi/CTIS (0 t111proVe the FOL11-th Amendment to Protcssional Services Agreement Between the City of Boynton 13eaCh and American Traffic Solutions for Photo Red.1-ight FnforcernQnt Program and authorize the Mayor and City Clerk to sign the FOUrth Amendm(:nt- Inlernet Fi[esl('kinlem 11--iYKUI -4X7t -Reii) Fou rih-Amcadment- to �A I S, Ked.) ight_Aptnt.doc 1 NOW, THEREFORE, 13E IT RESOLVED BV THE CI'T'Y COMMISSION OF THE CI'T'Y OF BOYlNTON BEACH, I' LORI IIA, TI_IAT: 3 Stir �, The f'orc oin "Whereas" clauses are hereby ratified and confirmed 4 as being, true and correct and are hereby made a specific part of this ResoltiliOn upon 5 adoption hereof'. 6 Section 2. The City Commission of the City of Boynton Beach, Florida does 7 hereby approve and authorize execution by the Mayor and City Clerk of the Fourth 8 Amendment to Professional Services Agreement between the ('ity of Raynton Beach and 9 American Traffiic Solutions for Photo Red Light Finforccincnt Program, a copy of'which is 10 attached hereto as F:xhihit **A" 1tt trf This Resolution will become effcclive immediately upon passage. 00 13 REMAINDER OF PAGE INTENTIONALLY Y l.,P.Yr BLANK E I_;serslpgtcj Ap�rUaras.Lxiaa!`•M9i�ro cxft�t� inch ,i"C�mp�rxry Internet l-ilesiC'nntent.lF ,Kldk,4Y7ENIRcstF_ b urth_..,lmendmcnt_to AFS Rcd,,E_ig.N Acnmdoc Page 568 of 675 PASSED AND ADOPTED this dav of,&,,�, 2015. CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 N/ 7 8 V 9 10 C 11 12 13 14 15 16 17 18 ATTEST 19 20 21 4 Jo, I P 7,12 7,ll 1'( Tily Clerk 24 n r- ayor Jerry Taylor ice Mayor - Joe Casella ornmissioner - David T. Merker Commissioner Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO 0 W 102 :11 h*0jJA2VMq I Oft I W14 �WJMWMIMIN This Fourth Amendment (this "Amendment") is dated effect4ve this day oi` AG--, 2015 and is entered into between American Traffic Solutions, Inc. ("ATS" or '-Vendor'), a corporation duly registered under the laws of the State of Kansas with its principal place of business a! 1330 West Southern Avenue. TemiNe Arizona 85282 and the C tp of Boonton Beach ElQrida 1,,"CjtkrA" or "Customer"), a municipal corporation of the State of Florida (each individually a "Party" and collectively the "Parties"). WHEREAS, on August 3, 2UU9, rne Gity ana AI 8 entered into a Professional Services Agreement, which was subsequently amended on or about September 16, 2010 (First Amendment), on or about January 17, 2013 (Second Amendment) and on or about September 13, 2013 (Third Amendment), which together constitute the "Agreement" referred to herein; and 41 0 4 of MAN WHEREAS, the second review described in this Amendment is consistent with the course of dealing of the Parties since the inception of the Agreement, in that the City's Traffic Infraction Enforcement Officers have always conducted a second review prior to issuing a Uniform Traffic Citation; and w, 4/ WHEREAS, on A)m tA 7 2015, the City implemented certain revised processes for its red light camera program. TERMS AND CONDITIONS 1, The amendment of Definitions - Section 1.1 as stated in Amendment -NG. hereby replaced with the following: " "Authorized Employee" means a sworn law enforcement officer ('LEO'); Traffic Infraction Enforcement Officer ("TIEO"), or any other City employee who performs duties related to the City's red light camera program, including but not limited to the duties and qualifications set forth in Florida Statutes, Title XXIII, Motor Vehicles, as may be amended from time to time. Throughout the entire Agreement between the City and ATS and all amendments thereto, any and all references to "Authorized Employee"Traffic Infraction Enforcement Officer" "TIEO", "officer", or "LEO" shall be interchangeable. The amendment of Section 1.20 as stated in Amendment No 1 to the Agreement is hereby replaced with the following, "Recorded Images" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be made available to the Authorized Employee within the Vendor System to review for the purpose of determining if probalote cause exists that a violation or infraction occurred." 570 of 67; 3. Exhibit B and Exhibit D of Amendment No. 1 to the Agreement are hereby deleted and replaced in their entirety by the new Exhibit B and Exhibit 0 that are attached to this Fourth Amendment of the Agreement between the parties. 4. ATS shall issue the City a three-month credit (the "Credit"'), which will be applied by ATS agreeing to waive the outstanding unpaid invoice for June 2015 and a credit for the amounts to be invoiced for the billing periods of July and August 2015. For the avoidance of doubt, for purposes of the Flexible Payment Plan provided for in Section 6 of the Agreement as stated in Section 14 of Amendment No. 1, the Credit shall not be treated as though the City paid the amounts due to ATS for the billing periods of June.. July, and August, but rather the invoices for the months of June, July and August will not be included in any calculation related to the Flexible Payment Plan. Any funds received by the City during the months of June, July, and August shall be treated as "additional funds" retained by the City for purposes of the Flexible Payment Plan. . Effective as of August 1, 2015 and for the remaining term of the Agreement between the City and ATS, the monthly per -camera fee shall be $4,250.00 per camera for any and all cameras or approaches which are a part of the City's red light camera program. 6. The City agrees to exercise its right under the Agreement to extend the term of the Agreement for another five (5) years, with one five (5) year renewal term remaining. The current term will now expire on May 14, 2021, Section 2 0 of the Agreement is amended t>y adding the following: "The City may at its option, terminate this Agreement with no penalties for any reason on December 31. 2016, by providing written notice of its intent to terminate the Agreement to ATS on or before October 3, 2016." 7 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof, Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full farce and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 8. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. i Page .571..of, 67 CITY OF BOYNTON BEACM, FLORIDA By: e6 yor Date AP AS T RM: ATTEST - PROVED dt1,1ZWS4 i , ty Attorne Date C4 Clerk be!!!y t7.:,nONS, INC. 1 0 1 � bid 5r President Date (0=9814.1 306-0906MO ) Page 3 of 10 EXHIBIT B Construction and Installation bllctations Vendor will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Vendor and City pursuant to Exhibit A. Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement, 1. Vendor Obligations Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole cost and expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager. 1,2 Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer, 11.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all sensors, pavement loops, electrical connections, and traffic controller connections, as required. 1.4 Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection(s) (collectively, the "Approvals"). which will inc,ude compliance with City permit applications. In the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case - .by case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and it required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1,6 Seek rights from private property owners, as necessary for the placement of System Equipment at designated Intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by- case basis 1,7 Vendor shall apply and become a Florida Department of Highway Safety and Motor Vehicles (DHSMV) approved E -Citation Vendor. 1 8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"). 1.9 [Deleted] I 1 1 liR, ORIUUK�,� 1 1 10 Implement the uity's business ruieS as reelected in the City's Red Light Camera Business Rules Questionnaire, as such may be amended from time to time, and Enforcement Documentation consistent with the requirements of the State Law; provided, however, the City shall provide the Vendor a form of Notice of Violation and Uniform Traffic Citation with the understanding that some modifications may be necessary to enable use with Vendor System or to comply with the State Law The City's business rules are incorporated into this Agreement as if fully set forth herein. The City's business rules may be amended from time to time as authorized by the City Manager or the City Manager's designee, Such amendments to the City's business rules shall not require an amendment to this agreement and shall rot require City Commission Approval. With the exception of amendments required to comply with judicial decisions or changes in law, if an amendment requested by the City to the City's business rules increases any cost to the Vendor the Vendor shall provide the City with an estimate of the additional costs and the City shall be responsible for such costs if approved by the City to proceed with the amendment to the City's business rules. If an amendment is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City of the Vendor, the Vendor and City shall negotiate a reasonable allocation of the costs. 1.11 The Vendor System shall facilitate the Authorized Employee's providing by electronic transmission a replica of the Uniform Traffic Citation data to the Broward County Court. The Vendor shall be responsible for its own development costs. The City and Vendor shall address any development costs charged by the City, the court or a third party Vendor on a case by case basis 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City), 1 13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal Paws and regulations. 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System, 1,15 Implement the use of the Vendor System at each of the Designated Intersections. 1.16 Deliver the Materials to the City. 1,17 Within five (5) business days after the Recorded Image is collected by the traffic infraction detector, the Vendor System shall make all Recorded Images accessible for review by the City's Authorized Employee, 1.18 Upon a finding by the City's Authorized Employee that probabie cause exists that a violation occurred, the Authorized Employee may issue a Notice of Violation. Once the Authorized Employee has issued the Notice of Violation, the Vendor shall perform the ministerial task of printing and mailing the Notice of Violation that has been issued by the Authorized Employee. 1 19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non -responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law. Upon a finding by the City's Authorized Employee that probable cause exists that a violation occurred, the Authorized Employee may issue a Uniform Traffic Citation, Once the Authorized Employee has issued the Uniform Traffic Citatfon, the Vendor shall perform the ministerial task of Page 574 of 675 printing and mailing the Uniform Traffic Citation that has been issued by the Authorized Employee. 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program. 1.21 Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation 1.22 Assist the City with its interactions with the court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court. 1.23 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the State Law Photo Red Light Enforcement program. 124 Vendor agrees to provide a secure website (www. violation into. co m) accessible to Owners who have received Notices of Violation by means of a Notice # and PIN, which will allow Violation image and video viewing. As part of the secure website, ATS will provide a Frequently Asked Questions (F.A.Q.) page. Vendor will provide this secure website on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen circumstances arising out of causes beyond the reasonable cvntroi of ATS (e.g. acts of God, acts of a public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather etc.). 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer; for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras and the activation date. Additionally, Vendor shall coordinate public relations efforts with the City, including assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera. 2 CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole expense): 2.1 Appoint the Project Manager. 2.2 Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities. 2.3 Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the PHOTO RED LIGHT ENFORCEMENT PROGRAM. 2.4 Assist and cooperate with Vendor in seeking Approvals, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals. 2.5 Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the Photo Red Light Enforcement Program. 2.6 Provide reasonable access to the personnel of the City anti reasonable information about the specific operational requirements of such personnel for the purposes of performing training. 2.7 Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy. 2.8 Develop the Red Light Violation Criteria consistent with the State Law. 2.9 Seek approva; of the Enforcement Documentation. 2.10 The City shall provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2,11 If feasible, and only atter all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and/or City Ordinances within five (5) business days of its appearance in the Notice of Violation Review Queue, and determine which violations will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages. or other circumstances beyond the City's control. 2.13. Within five (5) business days of its appearance in the Traffic Citation Review Queue, for unpaid Notices of Violation the Traffic Infraction Enforcement Officer shall process the violation and determine whether to issue a Traffic Citation, or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control. 2,14 City shall provide its own Internet connection to operate the Vendor System to allow for the Authorized Employee to review and process Recorded Images, issue Notices of Violation and issue Uniform Traffic Citations, and provide copies of the Uniform Traffic Citations to the court. 2.15 Vendor shall provide Police Department I Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated. 2.16 For optimal data throughput, Police Department / Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (JT) Department on installation and implementation of the computerized aspects of the program. 2,17 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS and approved by the City. 2.18 In the event that remote access to the ATS Axsjs VPS System is blocked by City's network security infrastructure, the City's 'T Department and the counterparts at ATS shall Page 576 of 67; coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. HMURV) I a.! M)q,,N9ot,)!I0 Page 577 of 675 Infraction ftoct2lilng 1. All Infractions Data shall be stored on the Vendor System, 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. Vendor shall act as Customer's agent for the limited purpose of collecting Recorded Images for the Authorized Employee to review and for the City's Traffic Infraction Enforcement Officer to determine if probable cause exists that 2 Violation has occurred. Vendor shall provide the Customer with access to any and all Recorded Images captured by the Camera System and automatically uploaded into the Vendor System. Notwithstanding any other provision in the Agreement, Vendor shall not have any authority or discretion to select which Recorded Images are accessed and reviewed by the Authorized Employee. All work Vendor performs in this regard shall be at the express direction and control of the Customer. 4• The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. 5. Vendor shall provide storage capabilities for the City to store Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6 Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, w4hin five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the, penalty or submit an affidavit of non - responsibility that satisfied the requirements of the State Law. 7 The Authorized Employee shall use the Vendor System to review the Recorded images to determine if probable cause exists that a violation occurred and for the Authorized Employee to determine whether a Notice of Violation shall be issued and the Authorized Employee shall make such determination within five (5) days of the Recorded images being made available in the Police Review Queue of the Vendor System. As to the issuance of the Uniform Traffic Citation by the City's Authorized Employee, the Authorized Employee shall review the Recorded Images a second time within five (5) days of the Recorded Images being made available in the Vendor System after the expiration of the statutory time period allowed for the alleged violator to have responded to the issued Notice of Violation. If the Authorized Employee issues a Uniform Traffic Citation, within two (2) days after the issue date on the Uniform Traffic Citation, the Vendor System shall make available on the designated City FTP site a replica of the UTC and related metadata for review by the Authorized Employee and for the electronic transmission of the replica UTC by the Authorized Employee to the court having jurisdiction over the alleged violation VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT A DECISION TO ISSUE A NOTICE OF VIOLATION AND/OR A UNIFORM TRAFFIC CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE CITY'S AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT WITH STATE LAW (AN `ISSUANCE DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE ANY DETERMINATIONS RELATED TO AN ISSUANCE DECISION. I With respect to each Issuance Decision where the Authorized Employee found that probable cause existed that a violation occurred, the City's Authorized Employee shall use the Vendor System to cause the Vendor to perform the ministerial task of printing and mailing the Notice of Page 578 of 675 Violation or Uniform Traffic Citation, and Vendor shall print and mail such Notice of Violation or Uniform Traffic Citation within five (5) days after the issuance Decision is made by the City's Authorized Employee. . Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. The Vendor shall permit the City's Authorized Employees to use the Vendor Standard Report System to download and print reports to allow the City to have oversight and continuous or periodic review of all actions taken within the Vendor System related to the Recorded Images uploaded into the Vendor System from the traffic infraction detector. 11. upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the Cq in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Photo Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes §316.0083 and shall make that affidavit available to owners through an internet location or upon telephone or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation. Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. 15. Vendor is authorized as the City's agent to receive funds paid by red light camera violators. To facilitate this agency, ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for the City of Boynton Beach" at U.S. Bank. All funds received by Vendor on behalf of the City will be deposited in this account and transferred by wire the second business day of each week to the City's primary deposit bank. The City will identify the account to collect funds wired from U.S. Bank. If desired, City will sign a W-9 and account agreement, to be completed by the City, to ensure the City's financial interest in said U.S, Bank account is preserved. --1111_1 . ..... ...._ .Page 5792of_675 1 � RESOLUTION RI -5-)26 2 3 A RES011.t"11ON OF THE Ull`rOF BC)Y.^+r`1°(N l3'F:A0'1-L 4 FLORIDA, APPItC)`ANC' A 1.1:"r" 1 ! rz OF l NI)F.RS T'>tNJ)ING, O 5 C"t)RRk'C""1' A SC'It1VENEICS F:RROR C"()``rT:WNk"D ON PAGE (3 TNNO OF U.X111BUI 11 To ME iativill AMF:;"vll)ME:NT 11) 7 11ROF"ESSU )NAL SERVICES A(aREF:MF:TU BUYJ VEIA 'mF; 8 (TUN, OF WANTON BVA( FI AND MF RIC AN 'r"1tAF'F'I'C.' S(3t.L''1'IONS AND Al-11401€rllNt ME VIAIOR TO SIGN fill: 10 LEITER OF UNDERSTANINNG; AND PROTIDING AAN 0 EFFE(`"TlVE IJAIL 12 13 'F�IiJiRFAS, ori � ugust 17. 2015_ iho ("ito JPPF0v�ed the I-OLrr111 14 Amendment R) 1'wksdomd :Sen Wes Agwernun hel"cen the Uit\ ill, Bo.v Mon Heach and 15 Aincticun 101 c Solutions.. Ing. (ATS, and 1J Vrl-1FItEAS� 1 41ri1? t 13, (`omtrm:trmi and Inst,tll,itiun Obligations, �Nhich 17 AttAchecl to the Iutn-th Anlctidmtnt to Vrol .scional Ser%jus Agncmon "Ah AIN, 18 conwinctl a seri%cntr`s cntor on py t"o and incorret:tl� rel'crred to I3rkmard ('ount\ 19 nrthm than Palm Beach ('utlm. wid 2J Vk 11FRLAS� th,, prrrtics ha%e .jojndl ;t: IrCcd, pursriJnt n0 the 1 ul 21 i ndustmAirig ths_tt dw w wd page ;%hich cc>mari s tl1c° inforn'iation -should be made 22 a Pan Ld the fourth Ankikknent 4) Pmle',-li anal 'S r% And 23 VINIF;RF;AS_ Me ('its ("cinunissiun olQ tin clfl3cnwon Barri, l'loritlstdccrns it 24 in the bcst ifltmem of is rest<em; and Mew 10 apprcice the l,cuvr of 1. 'iI&I-stirndin", to 25 ct mul A sc hviria's erre on page I"o cel Lxhibit l.3 to the kW1.111 ArnenL1111et1t to 25 Prufassiunal Scr'e ictus Agrccincia IM"um the ('it\ til Bu won Beat°Ir and .lmcricsan 27 1 ratlic SLAIJI-10ns and to authorme aw Adqur to sign die Wer of 1'ndwswriding. 28 Nt.)''w"+ THEREFORE, BE r'1' RESOLVED UV C"1`TN, C'()m." isslo's 29 of TIIF: ("I"T`aAW ROA �7Oh� 13F:.A("rl, F'I.fM11)A. 111.- Y 30 Section 1 l he lore, -un fp,, -'l\ hcr�a��s" tlawas Are llumb.; rwilkd And coikkined 4 f,1 `€: ,.I.,1,.,iIi i .;iii ,,, l I:,Ici,G.) I,lni� Jfii_i AsFf,Ir Ji )2,n1 " 1 I S R [ I �'hi ;A gni kt , J,_, 31 .1s he n,—, u"u ;Ing) �;r. rret :( kaki ',11V hVI- b) HKI& �1 alp<°iii p"fl't X71 11115 RCSOILItioll a.lpon 32 IdL11)11011 ih:1 1d 33 ` vv:tlon 21. I 11 ° t 11v SII HU%Itt1t11 I I�P'kj:I dLA,:ti 34 tt, gill thy° l.�°tt'��! Ali l 11�!r1�111_iill�<� tv ��,tt"tiw,`t 'tltc° 35 sort ci-w" z l°Iroi cC3nutIncd on 17�11?L' t>A-(t o I..vh1iiat I3 tt7 tI7� I'OUNI-) !\117�1)d117Ct71 10 36 S:Y11t;eAIII-Ce ltiMt [t'fV ek:11 the CM of Bonton Beach and Amer" "1117 37 F 1111,111: SoIUtiolis, 1 4UI7\ o f tIi� I.C'tw r t1I t_; 11dC7staiid] I3g, and L.11lrected Iia t: L\No 01 FX111bII 38 B 'L11V iltt i lhCd h l- til. 39 Section 3. I'll IS RCSOIUtiun N� ill hL,,':oi1 e cI'1cc c Iniiii��dI ltt'I UPOII I7�1,,,°G1 40 PASSED AND ADOPTED dilis aj) Lhl� Of 20 1 5. 43 44 or JI r-� I ;1. Iw- 45 43 4 -� 48 Id I. \k:1-11CJ +� 49 50 Mlwk WC. ni\ 51 52 C'o1rIr isiioll lr 1IiwII1L°) 1M. I'itzpatri-k ' 53 54 55 V(.) I I.: 5-0 56 AI'IT`yI. 57 55 5 60 ttr C Zeck 61 62 S' :-d � pvr if vy J" a w' t i fO tit A-,fc MMH, 1 ;1,h:f,[311JH) hl J " Utth ,A1111HIJ IIcM 10 A I'l I [211t \,11111 ty o Boynton Beacjfih OFFICE OF THE CITY COMMISSION PIJyi- J, ME baVeA be B ' f b'4 1 'I FlA �`- (Whcr 20, 2015 Sent b� FcdEx, lrackin4 no. 8000 27.89 9331 1)i\ id \I l )hcri , llrc,�idt-,rri Aln�:ricurl I rol'I'le sk)julron." 1 in) " Sowhan AN I onpo W 8528-' Rf US o I I it a mon I icauh I ctvr oC I MrsiwAng R vpnthy Sc An onel's Frn)i- 111cosc illmv t11 I awr 4 ( mWoUlly, k) "adhin iki; the (it x Whorin"i " il 1 hN jym W h ' \ d"Inmis Hua thimsikuL A wphi d the I NIA!i I iil']`r�: ('ilotion flit, !o (Ill' Palm Iscach Co"I't \1,.tr0 SPCOW113, 011 WgUm 4. 201 V dic 13o� riltm licod') ( il� Colmw"-'iml \t)ICd to t!ntk:l' n1W Ll I ourdi AinankVincril to dw Widij Liminw! hw\en thc(Il\ and Amcrk"Ill 110111Skdilrolls`such Ain,:ndim:w, �,:onwiryd on LOW 13 W Fps 2 of MR 13. Lhk:l-,' is i 'Mirt.-h 1': 1 , �-T-'HCCS ol J'o'y to lilo"Xd I, oun, (Wn - shwc the (IV til livollual Heach Wool& in Palm lUdi t ouw>, I WAL tha Apreamm AM siolu -PAm licach U'00ol% owl I nLWA VIA INS OW I, j)o'L' 2 k41WE H nihich the pr0j).:r IVI.Tk:11C�• to PL&H 1011:11 ( bum.; (Wiv t pori pur rev [t:\\. ',11OUld )OU �011Lll \v 1111 OK: LOM:tAW11 01 11h: jdausu Ackno"Wdy mich hly oprimp hdo" is hiWaled (T( 1, I L I YND M (hill AM K I I A / ' . -- - - );n 1 /-0 \1 'Ind M I;._'IZj(,S; , 11p In VVyj y p() ry I I E ,I' pSirr I EAI IN 1 10 IMplernent the C—ity s Gusjness rjles as reflected in the City s Red Light Camera BUSineSS Rules Cluestionnaire as suc,i n')ay be arrencied from time to time and Enforcement Documentation consistent w!th the reg uiie,vents of !tie- State Law proviced, however, the City shall pfcivde the Vendor a form of Notice of Violation and Uniform Traffic Citation with the understanding that sorne rrioclificatiori��, may be necessary to enable use with Vendor System or to comply with the State Law The City's business rules are incorporated Into this Agreement as if fully set 4ortn herewi The City's b,ismess rules may :De annencled from time to time as authorized by the 'Dty Mar,,age, o, the, City Managers designee, Such drnendf-ients to the City's business rules ShaH 1-10[ ieqUlfe an dMelllollleilt to this agreement and shall f,.ot require City Commission Approval With the excepton of aniericiments recuir-d tij compiy with judicial decisions or (changes in law, if an amendment requested av the City to the City's busif-ess rules increases any cost to the Vendor the Vendor shail provide the City with ar, estimate of the additional cosis and the City shall be responsible for such costs if aopiiovea by the City Ic proceed with trie amendment to the City's business iules If an afnenci7-ienl is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City err the Vendor, the Vencor and City shall negotiate a reasonable allocation of the costs 1 11 i he Venior System shall lacilitate tr!e Authorized ErT-iployeie s providing Oy electronic transmission a replica of to Lnift)ifn -1 faffic- Ciialroil data to the Palm Beach County Court The Vendor shall be responsible for its own development costs The City and Vendor shall address any development costs charged by the City the co,jrt or a th:rd party Vendror on a case by case basis 1 12 Complete the instafation and testing of all necessary Equipment including hardware and software, at the Designated Intersections )under the superoision of the City) 1 13 Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersections including but not limited to the installation of all related Lqu,pment ann other detection sensors poles cabling telecorni'nUT'lications equipf-rient and Wiring vvricri work snail be peiformeci ire conipliance with a]! applicable local state and federal laws and feguiatiorls 1 1a Install af'Cl TeSt the functionality cf the Designated lrilersechons wit',, the Vendor SvEtery) and establish `ullj opeiaticmai Violailul, processifia capability vvitli To ` Hfiacrr Sy5reili 1 15 rnpreme--it the use of rtie Vendor Systern at eacli of me DeSiljiiiated Intersections 1 16 De,ivei the Matt7iidl,, tri the City. 1 17 VVithir five i5i bl.-SWesS days after the Recoideci Image is collected by the traffic ir&action detector the Vefiduf System shall Irriake a I Recorded Images accessible for review cy the City 5 Authofi/ea F mpioyee 1 18 Upon a findifiq by tl,t Citr s Aott-ioiized Employee tl-ia! pfobalDie cause exists that a violation occurred the Autihonzei L-f-npioyee may ssue a Nctice iol' V olation Onr-,-e the Authorized Employee has issued trio Notice of Violation Itie Vendci snail perform the ministerial task of printing and mailing the Notice of Viciation that has been issued by the AkAnoiizeo Enripioyee 1 19 It the (Civil Penalty is ur,paic of tle iecipieni of the Notice of 'Violations does riot file an affidavit of non-responsirAity that does not meet the reqU rerinents of the State 1-aw within the time set forth in the State Law then withir. five (5) business days after the expiration of time, place ,he unpaid Notice of Violation into the Traffic Citation Queue, for review by We. City's Traffic Enforcement Officer to authorize the issuance of a Ifaffic Citation pursuant to the State Law Upon a finding by the City Authorized Employee that, probable cause exists that a violation cbccurreu lhe Aulif,oflzed 'Employee rnay issue a Uniforn Traffic Citation Once the Authorized N EMEND �e �-1O M, MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 He suggested that the City entertain putting the issue on the ballot in the next election to ascertain the public opinion. If the public has an interest, then direction can be given to get the reports to compare. If the vote is against obtaining the information the issue would be dropped. If a new police station is required, the only funding source would be a higher millage rate or a bond issue. (Commissioner Fitzpatrick left the dais.) Commissioner Merker questioned how the statement was made we had the best public safety departments, yet suggest outsourcing the functions. The remarks appeared to be political according to Commissioner Merker. The police reorganization illustrated true team work. What the citizens of Boynton Beach want has to be the primary force. The citizens want security and safety. Vice Mayor Casello clarified he was not running for political office. The issue is affordability. Mayor Taylor was not in favor of outsourcing police and fire. They do a great job. He understood future affordability is a concern. Vice Mayor Casello suggested a survey distributed in the utility bills may be sufficient. Mayor Taylor favored a survey. Commissioner Merker felt it was a contradiction. 13. LEGAL A. PROPOSED RESOLUTION NO. R15-087 -Approve a Fourth Amendment to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., ("ATS") for the Red Light Traffic Enforcement system. Harvey Oyer, representing American Traffic Solutions as a lobbyist, reviewed the Red Light Program. This week, ironically, marks the National Stop on Red Week, sponsored by the Federal Highway Administration. There is a top ten list of why stopping on red is critical. Most of us know or knew someone who has been killed or maimed by a red light runner. The dollar cost to Americans exceeds $200B a year, an extraordinary cost to society that is avoidable. The City of Boynton Beach is now four and a half years into a five year contract with ATS, commencing in May of 2011 as a pioneer with a red light camera program. It was enacted by the City, before the State Legislature made it a uniform traffic citation violation. There are 15 cameras installed at seven intersections. During that time, to March, 2015 there was a 38% decrease per day, per camera in red light running. It is comparable to the national and state averages of other red light camera programs. The majority of violators are not Boynton Beach residents. There is a very low recidivism rate. The lights and cameras were designed to modify behavior and have been effective. The cameras also provide 24 hour -a -day surveillance to the Police 17 Page 584 of 675 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Department to solve other crimes. The videos have been requested and used 230 times. Other communities pay hundreds of thousands of dollars a year to set up surveillance in areas for crime prevention and resolution. The City of Boynton Beach receives the coverage for free because the video belongs to the City. State-wide statistics show there are 80 jurisdictions that have red light cameras. Fatal crashes at intersections with cameras have been reduced 49%. The estimated number of lives saved per year is 18. In Palm Beach County the data compiled by Palm Beach County Traffic Engineering revealed, while accidents decreased 28% at camera intersection, it was increasing 15% at non -camera intersections. It is a differential of 43%. The majority of people receive one ticket and it modified their behavior. Those who got a second ticket are a small percentage and fewer than 2% are the individuals with three or more violations. Red light cameras truly do modify driver behavior. Sideswipe crashes decreased in other jurisdictions with very similar results throughout the State of Florida. A large share of the money collected goes to the State. It began as a local Code Enforcement violation and the enacting ordinance made it enforceable against everyone in the State. Many major roadways are State roads and the ordinance allows cameras to be placed in their State road right-of-way. The City receives a portion of the money and $3 from each ticket goes to the Miami Project to Cure Paralysis. There is a direct relationship been paralysis and red light running. The local trauma centers receive $10 from each ticket. The public quickly realizes the red light cameras are not being monitored and running red lights become a problem. The City cameras have recorded a 30% increase in red light violations since tickets were no longer issued. In the four and a half years since the cameras were installed there has been a 38% reduction in red light running. All of the 52 cities in the survey experienced a change in driver behavior, greater public awareness, reduction in recidivism, reduction in crash severity and reduction in number of crashes and pedestrian safety. A large percentage of those injured at intersections are pedestrians and bicyclists. The cameras are endorsed by the Florida League of Cities, the Florida Police Chiefs' Association and many other agencies including the U.S. Conference of Mayors and U.S. Department of Transportation. In spite of the challenges, 70% of the Floridians and Americans support red light camera programs. The red light cameras take all the subjectivity out of the process. It is completely objective, color blind and with no discretion or bias. Mr. Oyer indicated he had asked Melissa Wandall to be present because her husband was killed by a red light runner and was the impetus for the The Mark Wandall Traffic 18 Page 585 of 675 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Safety Act. She is the national spokesperson for Stop On Red and she sent her encouragement that the program continue that was pioneered by the City of Boynton Beach and received unanimous approval by the Commission. Mark Buoniconti was present and had been paralyzed by a tackle in a football game. He now moves people to understand the tragedy of paralysis and to join him in finding its cure. He is the Founder and President of the Miami Project to Cure Paralysis and other organizations fighting for a solution to assist with paralysis and change the way the world thinks about paralysis. The $3 per ticket revenue is making a huge difference at the Miami Project to Cure Paralysis. The Foundation is now working on clinical trials in humans with cellular transplants. The trauma centers that receive funding are seeing a reduction in injuries related to car crashes and red light running. The funds are not only helping to cure paralysis, but also saving lives of those who run red lights and are victims of accidents. It is an extremely important issue. The $158 fine is for running a red light, one of the most egregious offenses of driving. The City has a unique position to impact lives by doing the right thing and making the community a safer place. Mr. Buoniconti implored the Commission to pass the issue and let the red light cameras continued. Mayor Taylor indicated he had followed Mr. Buoniconti since his accident and admired his work and courage to try to cure paralysis. Mr. Harvey asked the Commission to approve option four that resolves all issues and gets the program operational again. Attorney Bridgeman detailed the four options available. The first option would be to do nothing and keep the cameras off and issue no citations. The City would still have an obligation to follow the contract and pay about $800,000 until the contract ends in May, 2016 without any services in return. The second option would be to terminate the contract with ATS immediately. The City does have an obligation to make its best efforts to conclude the contract and pay the month amount as agreed. If the contract is terminated by the City, ATS would likely file a legal challenge to the City's decision and the monthly payments would be discontinued. However, legal fees would be assessed and if the City is determined to have breached the contract, the $800,000 would be due. The third option would involve amending the ATS contract solely to modify the program to turn the cameras back on and follow all of the opinions that have been handed down in the Courts. The contract would naturally end in May of 2016. A decision would have to be made whether or not to renew the contract for an additional five year term. The fiscal impact would be payment of $800,000 and $4,750 per camera, per month and no credits would be applied. 19 Page 586 of 675 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Option four is recommended by City staff and requested to be approved by ATS by amending the contract to modify the City's program, provide financial credits to the City for the past three months and renew the contract for an additional five year term. If by October 3, 2016 the Commission decides to discontinue the program, a letter can be issued to ATS to terminate the contract for any reason. This would add seven months to the contract to allow the program to move through the Courts. Instead of the $4,750 fee per camera, per month, there would be a $500 reduction per camera, per month from August 1, 2015 through May 2021 and get the three month credit from ATS. It would make the City financially whole in that respect. Attorney Cherof reminded the Commission, the reason for the fourth amendment is because once ATS was notified the City felt the contract could not continue, the same contract provided an opportunity for ATS to cure the defects in the program. This addendum is ATS's best effort to remedy the issues raised in the Court proceedings and cure the problems identified. It is important to note the Court actions are not final and subject to appeal. There have been conflicting Court opinions. Mr. Oyer related ATS was in complete agreement with Attorney Cherof. Only one of five District Courts has ruled the cameras are not legal based on the case in Hollywood, Florida. The Hollywood contract is different than the Boynton Beach contract. It has been agreed that any contract language be amended that may be perceived as not being in compliance with the decision on the Hollywood case. Most of the disputes revolve around who makes the final decision on the issuance of a ticket. The Boynton Beach Police Department has always made the final determination. Mayor Taylor opened the issue for public comment. Ramona Young, 9966 Boynton Gardens Way, had received a ticket that she paid, but contended there was a gap in the timing when two vehicles go through an intersection that only the second vehicle is photographed. She was angry about the violation. She abides by the law and thought the cameras were a big "rip off". There should be another option pursued and the matter carefully reviewed. Mayor Taylor explained Ms. Young could have gone to the magistrate hearing with the explanation. Ms. Young asserted she did not have the time or the energy or patience to pursue a hearing and argument. She argued the red light cameras were being questioned and the Commission should reconsider their use in the City of Boynton Beach. Steve Anton, 234 SE 2nd Avenue, opined the Commission was purchasing a system that would observe the citizens and further intrude into individual lives everywhere. The Constitution declared this would not occur and yet it is allowed to creep into everyone's lives. Mr. Anton referred to it as "prostitution of the Constitution". An individual cannot question the camera or the technology. It is a deeper problem than realized. It is not just the money involved. 20 Page 587 of 675 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Robert Pollock, 210 NE 22nd Avenue, questioned the distribution of the money collected from the fine. He would not argue if the money was spent to beautify the City or put back in for redevelopment. Mayor Taylor explained there were expenses and personnel cost to administer the program. There are months when not enough money is collected to pay the monthly fee to ATS for the cameras. The new agreement would allow the payments to smooth out month to month for a more consistent expense. The intent is to save lives and injury. Any monies that are not used to cover the cost of the program, is deposited in the General Fund to be used for the community. Bro. Victor Norfus, 261 N. Palm Drive, offered the cost was prohibitive with the only cure being to issue more tickets. He inquired how many actual accidents have been captured that would support lives saved. Bro. Norfus did not like the idea of electronic surveillance replacing police. He had just been in an auto crash at a stop sign in West Palm Beach. Unless the cameras can quantify lives saved, the assertion cannot be made. The totality of the program has to be considered. More police surveillance is needed at the intersections rather than cameras. The issue is not electronic surveillance ticketing innocent people and saving lives if the data cannot be quantified. He questioned how many accidents had been recorded to provide the data to support the program. Mayor Taylor recalled there was a 38% decrease in red light violations. Commissioner Merker had received a ticket and paid the fine because he was guilty of the violation. The key is psychological and the resulting behavior changes. Safety rather than dollars should be the primary concern. Technology only improves over time and is now saving more and more lives. Commissioner Merker would vote in favor of continuing the program to help the masses, not individually. The additional surveillance can only enhance the safety of all citizens. Vice Mayor Casello inquired what the City paid monthly to ATS and Attorney Bridgeman replied it was $74,000 for the service provided. There is a distinction between the monthly fee paid and how the fines are distributed. Tim Howard, Director of Finance, reported of the $158 fine, $83 goes to the State, $75 goes to the City. ATS receives nothing from the fines paid. Vice Mayor Casello asked how many municipalities had installed the red light cameras and it was estimated eight or nine. All of the contracts have expired and they decided to wait and see what happens with other municipalities. Attorney Bridgeman emphasized the cameras have never been ruled illegal. There is an appeal pending relating to the decision that resulted in the cameras being turned off. Other jurisdictions in Florida have won appeals with the old program. The proposed changes would further enhance the likelihood of success in the Courts. Vice Mayor Casello inquired if there was language in the contract allowing the City to terminate the contract if insufficient revenue was being generated. Ms. Bridgeman explained it is a cost neutrality provision that is settled at the end of the contract. 21 Page 588 of 675 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 It was argued there was no reason for anyone to pay a ticket if the cameras were turned on, pending the final Court decision and based on all the tickets that have been thrown out. In response, the program has been modified to address the concerns of the Court. There are options available if a ticket is issued. The modified program cannot be tested unless tickets are once again issued. Vice Mayor Casello asserted the tickets have been tested in Court and thrown out. Now the new program should be instituted and appeals taken to test its validity. Another judge could do the same as before and throw the new tickets out the window. He asked if there was a class action suit by the people who paid the original tickets issued. There would be a possibility that the City would have to return the monies collected previously. Commissioner Fitzpatrick recalled the videos he had seen were very scary. The pictures sent with the notice of violation do not clearly represent the violation. There is essentially no question of a violation. Commissioner Fitzpatrick did not feel there was an expectation of privacy at a public intersection. More police are needed, but the cost factor has to be considered. Having eyes on the intersection is the most cost effective solution. Commissioner McCray asked Chief Katz how many intersection accidents have occurred while the cameras were turned off. Chief Katz responded there was a 23.4% increase of crashes in intersections. There have been no fatalities. Commissioner McCray respected the courage of Mr. Buoniconti, but noted paralysis comes from various acts and situations. He applauded the individuals who came forward to speak and the cities that discontinued the contracts with ATS. He could only vote to continue the current contract through May 2016 and then it should be terminated. In his opinion it was a money -making venture and he would only support the program until the contract expires. Mayor Taylor was aware that many municipalities in the County have gone through the same processes and are now operating. He stressed continuing the contract until May of 2016 would cost the City over $1M. Option four will allow the City to save money. The $222,000 fee covering the last three months will be excused and each camera will be reduced by $500 a month. The contract can still be cancelled next year. Vice Mayor Casello surmised ATS was requesting the contract be extended for seven months and then sign a five year contract. Attorney Cherof interjected there is a clause that allows the City to terminate the agreement with no penalty, for any reason, on December 31, 2016 by providing written notice of its intent to terminate the agreement to ATS on or before October 3, 2016. This is a free out for the City. Vice Mayor Casello asked why ATS wanted the seven-month extension and Mr. Oyer explained it would allow recovery of the cost to refund the City $220,000 and the reduction in the cost for the City going forward. The seven-month extension would 22 Page 589 of 675 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 allow time for the test cases to make the way through the Court system. There is a tremendous ongoing expense to operate the camera system. It was asserted most of the violations occur because people are distracted rather than a willful attempt to run the red light. Boynton Beach should not be the test case. The challenges should be allowed to go through the Courts and if upheld, turned back on. Mayor Taylor had seen drivers intentionally running lights on a daily basis. Commissioner Merker noted once a ticket is received and paid, drivers slow down. ATS is a business entity and their product assists mankind. The issue is safety, not dollars or self -guilt. Motion Mayor Taylor passed the gavel and moved to adopt option #4 to amend the contract and the particulars listed. Commissioner Merker seconded the motion. Vote The motion passed 3-2 (Vice Mayor Casello and Commissioner McCray dissenting). B. PROPOSED ORDINANCE NO. 15-017 - SECOND READING - PUBLIC HEARING - Approve request to abandon a 10 -foot wide utility easement in conjunction with the iStorage Warehouse Addition project (MSPM 15-005) under concurrent review, located at 2951 SW 14th Place within the M-1 (Light Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 15-017 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15-017. Commissioner Merker seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4-0 (Commissioner Fitzpatrick was not present for the vote.) C. PROPOSED ORDINANCE NO. 15-018 - SECOND READING - PUBLIC HEARING - Adopt an ordinance to sunset the Cemetery Board of Governors. Attorney Cherof read Proposed Ordinance No. 15-018 by title only, on second reading. 23 Page 590 of 675 12.A. NEW BUSINESS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-113 - Approve the Interlocal Agreement with the Town of Ocean Ridge for the provisions of Fire Suppression, Emergency Medical and Fire Life Safety services for the term October 1, 2016 through September 30, 2028. EXPLANATION OF REQUEST. The Town of Ocean Ridge is interested in a twelve (12) year cooperative agreement with the City for comprehensive Fire Rescue services effective October 1, 2016 through September 30, 2028. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Rescue Department has analyzed the operational and administrative impact of this relationship. The Department is able to effectively handle the current generated call volume and will use revenue generated from this Agreement to fund future additional personnel and other necessary resources to ensure adequate fire rescue coverage to Ocean Ridge as well as complement services offered to the citizens of Boynton Beach. FISCAL IMPACT. Budgeted This Agreement provides for the Town of Ocean Ridge to pay the City $1,058,852.54 during the first year of the Agreement with an adjustment formula provided for the second and subsequent years, ensuring a minimum of a 4% annual increase. ALTERNATIVES: Do not approve this Interlocal Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 591 of 675 D Resolution D Interlocal Agreement REVIEWERS: Department Finance Legal Finance City Manager Resolution approving ILA with Ocean Ridge for Fire Rescue I nterlocal Agreement with Ocean Ridge Reviewer Action Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 8/30/2016 - 10:44 AM 8/31/2016 - 4:02 IIIA 8/31/2016 - 4:30 IIIA 9/2/2016 - 8:23 AM Page 592 of 675 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF OCEAN RIDGE FOR THE PROVISION OF FIRE SUPPRESSION, EMERGENCY MEDICAL AND FIRE LIFE SAFETY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Ocean Ridge ("Town") desires the City of Boynton Beach ("City") to provide fire rescue and emergency medical services to the Town; and WHEREAS, the City has the equipment, personnel and resources to extend its protection service area to provide fire rescue and emergency medical services to the Town; and WHEREAS, the City will maintain the standards of fire and rescue services to the Town consistent with the services currently provided by the City within its municipal limits; and WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach Fire Rescue and Boca Raton Fire Rescue; and WHEREAS, the City will provide fire and rescue services to the Town in conformance with City Code Ordinances and City fire rescue department protocols; and WHEREAS, the City will provide fire and rescue personnel to ensure that the Town will receive the same standard of fire and rescue services; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge for Fire Rescue and Emergency Medical Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\13F3A165-CFF1-4319-AOB2-440B8C626DF9\Boynton Beach. 3924.1.R16-113_ILA With_Ocean_Ridge_For_Fire _ Rescue-_Reso.Doc Page 593 of 675 32 Section 2. The City Commission of the City of Boynton Beach hereby approves and 33 authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the 34 Town of Ocean Ridge for Fire Rescue and Emergency Medical Services, a copy of the Interlocal 35 Agreement is attached hereto as Exhibit "A". 01.1 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 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of 12016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\13F3A165-CFF1-4319-AOB2-440B8C626DF9\Boynton Beach. 3924.1.R16-113_ILA With_Ocean_Ridge_For_Fire _ Rescue-_Reso.Doc Page 594 of 675 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF OCEAN RIDGE AND THE CITY OF BOYNTON BEACH FOR THE PROVISION OF FIRE RESCUE AND EMERGENCY MEDICAL SERVICES This Agreement for the provision of fire rescue and emergency medical services (the "Agreement"), made and entered into this 1st day of October, 2016 by and between the City of Boynton Beach, Palm Beach county, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Ocean Ridge, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Town". WITNESSETH: WHEREAS, the Town desires the City to provide fire rescue and emergency medical services to the Town; and WHEREAS, the City desires to provide fire rescue and emergency medical services to the Town; and WHEREAS, the City will maintain the standards of fire and rescue services to the Town consistent with the services currently provided by the City within its municipal limits; and WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City will provide fire and rescue services to the Town in conformance with City and Palm Beach County Fire Code Ordinances; and WHEREAS, the City will provide fire and rescue personnel to ensure that the Town will receive the same standard of fire and rescue services; and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1. PURPOSE The purpose of this Agreement is to provide fire suppression, protection and prevention, and Emergency Medical Services, including advanced life support transport, within the municipal limits of the Town by the City Fire Rescue Department. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, and fire investigation. The parties acknowledge that the City assumes no responsibility for emergency preparedness planning and program implementation for the Town; or site clean-up or product/soil removal resulting from a chemical spill or other form of hazardous materials incident occurring within the Town. SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of twelve (12) years commencing October 1, 2016 and ending September 30, 2028. The parties agree that during the term Page 595 of 675 of this Agreement that every four years, (in the month of August 2020, and August 2024) the parties will, in good faith, review the Agreement in order to conduct a performance evaluation and to amend, if appropriate, the Annual Fee payable to the City, as defined herein. SECTION 3. SERVICES RENDERED A. The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation, and emergency medical services 24 hours per day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. B. The City will provide the same level of service to the Town relative to hazardous materials incidents as it provides to its own residents. The City's hazardous materials response is governed by the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat Ordinance"). As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharged. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Town, and the City or the County on behalf of the City, using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, disposable personal protective clothing and equipment, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City's Fire Rescue Department. SECTION 4. PAYMENT A. In consideration of the City providing the services set forth in Section 3 of this Agreement, the Town agrees to pay the City $1,058,852.54 during the first year of this Agreement, ("Annual Fee"), payable in two equal, semi-annual installments on. Or before, January 15, 2017 and April 15, 2017, and on or before January 15th and April 15th of each succeeding year during the term of this Agreement, as may be amended from time to time. B. The parties agree to negotiate in good faith an adjustment to the Annual Fee which may be necessary to offset any increased costs incurred by the City for providing the services and programs pursuant to this Agreement, due to unfunded mandates specifically directed toward the provision of fire rescue services, of the Federal, State, or County government and to address any unforeseen events or contingencies. The City shall provide the Town with the amount of the adjustment resulting from unfunded mandates no later than May 1, 2017, and each year thereafter during the term of the Agreement. Any adjustments to the Annual Fee pursuant to this subsection shall be effective on October 1, 2017 and each year 2 Page 596 of 675 thereafter. The adjustments contemplated in this subsection shall be in addition to the annual adjustment set forth below. The parties agree that the Town shall not be charged an amount greater than 5% of the annual fee on an annual basis due to any unfunded mandate. The parties further agree that in no event shall any increases due to unfunded mandates exceed ten percent in a three year period. C. In addition to the adjustments to the Annual Fee provided in subsection 4B of this Agreement, no later than May 1, 2017 and each year thereafter during the term of this Agreement, the Annual Fee payable by the Town to the City shall be adjusted effective October 1, 2017 and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1 2017 and for each succeeding year of this Agreement shall be determined by incorporating the May All Urban Consumer Price Index CPI for Miami -Fort Lauderdale region as reported by the Department of Labor - Department of Statistics or an increase of four percent (4%), whichever is greater. D. The City is permitted to invoice residents of the Town for appropriate emergency medical service and fire inspection fees under the same terms and conditions as those for residents of the City. E. The City's fee for inspection services, in accordance with Chapter 2.5 and Chapter 9 of the City of Boynton Beach Code of Ordinances, and plan review of existing and new development or redevelopment within the Town shall be charged directly to the owner of the existing and new development or redevelopment in accordance with the applicable City Ordinance. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager): City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Fire Chief City of Boynton Beach 2080 High Ridge Road Boynton Beach, FL 33426 Town Manager Town of Ocean Ridge 6450 N. Ocean Boulevard Ocean Ridge, FL 33435 3 Page 597 of 675 SECTION 6. CODE A. The Town has adopted and will enforce the Florida Fire Prevention Code and NFPA 1. B. The Town designates the City of Boynton Beach Fire Chief as the Town's "Authority having Jurisdiction" (AHJ) for the purpose of enforcing the Florida Fire Prevention Code and NFPA 1. C. City Code of Ordinance Sections 2.5-8, 2.5-9, 2.5-11, 2.5-12, 2.5-13, as may be amended from time to time, entitled "Alarm Systems" shall be incorporated herein by reference in this Agreement. The Town acknowledges that the City has the authority to enforce the provisions of its Code of Ordinances referred to herein against residents and businesses within the Town in the same manner as the City enforces its ordinance provisions against City residents and businesses. Following execution of this Agreement, the Town shall notify alarm users within the Town of the City's ability to collect charges, the amount of charges due pursuant to the City's ordinances, and the City's authority to request payment thereof pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm Systems". In the event that a Town resident or business files a suit or claim against the City challenging the City's authority to collect, impose, or enforce its Alarm System ordinance provisions within the Town, the City may elect to defend the challenge at its own expense or terminate this Agreement. If the City elects to terminate, the City will give ninety (90) day notice to the Town. D. The City shall promptly provide the Town with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the City of Boynton Beach Code of Ordinances. SECTION 7. ADMINISTRATION A. All written rules and regulations, policies and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Town pursuant to this Agreement. B. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers. This Agreement is an Interlocal Agreement to provide fire rescue services as authorized by Chapter 163 Florida Statutes. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. C. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be 4 Page 598 of 675 construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes. SECTION 8. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder, the Town Manager shall notify the City Manager in writing, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Town and the City, the dispute shall be submitted to an arbitrator mutually agreed to by the parties. If agreement is not reached on appointment, either party may submit to the American Arbitration Association for appointment. The decision of the arbitrator shall be binding. SECTION 9. TERMINATION Either party may terminate this Agreement upon a minimum of one (1) year's written notice to the other party, such termination to be effective at the end of the first complete fiscal year (September 30) after receipt of written notice to terminate this Agreement. For example, if either party gives written notice to the other party to terminate this Agreement any time after October 1, 2017 and prior to September 30, 2018, this Agreement shall be terminated on September 30, 2019. SECTION 10. AMENDMENT TO AGREEMENT This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each party. SECTION 11. MISCELLANEOUS A. This Agreement and any amendments thereto shall be filed and recorded by the City with the Clerk of Court of Palm Beach County, Florida, in conformance with Section 163.01(11), Florida Statutes. B. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Agreement shall be held in Palm Beach County, Florida. C. If any terms or provisions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall be deemed valid and enforceable to the extent permitted by law. D. This Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations, or agreements, whether written or oral, related to this Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by 5 Page 599 of 675 written instrument executed by the parties hereto. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TOWN OF OCEAN RIDGE CITY OF BOYNTON BEACH MAYOR MAYOR ATTEST ATTEST TOWN CLERK INTERIM CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY TOWN ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY A Page 600 of 675 12. B. NEW BUSINESS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Vice Mayor McCray has requested to discuss the start time of the Holiday Parade, currently scheduled for Saturday, December 3 at 11:00am. 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: REVIEWERS: Department Reviewer Action Date Finance Pyle, Judith Approved 9/7/2016 - 2:30 PM Page 601 of 675 13.A. COMMUNITY REDEVELOPMENT ADVISORY BOARD 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Reports -- None 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: REVIEWERS: Department Reviewer Action Date City Clerk Stanzione, Tammy Approved 8/22/2016 - 8:09 AM Page 602 of 675 13. B. COMMUNITY REDEVELOPMENT ADVISORY BOARD 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Pending Items 1. City Services Survey for the CRA 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: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 8/22/2016 - 8:09 AM Page 603 of 675 13.C. COMMUNITY REDEVELOPMENT ADVISORY BOARD 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: New Assignments -- None 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: REVIEWERS: Department Reviewer Action Date City Clerk Stanzione, Tammy Approved 8/22/2016 - 8:09 AM Page 604 of 675 14.A. LEGAL 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-020 - FIRST READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. EXPLANATION OF REQUEST: The Board of Trustees of the Firefighters Pension Trust Fund discussed and recommended at their February 3, 2016 meeting (minutes attached, see pages 8 & 9) that their attorney draft an ordinance to implement a DROP loan program for members who have separated from service. The proposed ordinance creates a new section 18-193 of the City Code entitled "Firefighter DROP Loan Program". This program would be available to members after termination of employment and is made from the member's own account. Members utilizing this program will be charged interest on the balance being paid back and will not receive DROP interest credits on outstanding loan balances. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? According to Gabriel Roeder Smith & Company (GRS), the plan's actuary the changes provided for in this ordinance will not have an actuarial impact on the cost of the plan in a letter dated April, 27, 2016 (see attached). FISCAL IMPACT. Non -budgeted In the opinion of the Pension Plan's actuary, the amendment will have no actuarial impact on the Pension Plan. ALTERNATIVES: Do not approve the ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 605 of 675 ATTACHMENTS: Type D Ordinance D Attachment D Attachment REVIEWERS: Department Finance Legal Finance City Manager Description Ordinance creating Firefighter DROP Plan Loan Program Actuary-GRS Letter Fire Pension Minutes 2-3-16 Reviewer Action Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 8/31/2016 - 10:01 AM 8/31/2016 - 10:39 AM 8/31/2016 - 10:41 AM 9/2/2016 - 8:21 AM Page 606 of 675 I ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH 4 AMENDING CHAPTER 18, ARTICLE IV, PENSIONS 5 FOR FIREFIGHTERS; CREATING A NEW SECTION 6 18-193 PROVIDING FOR A DROP LOAN PROGRAM; 7 PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, Ordinance 00-13 created a DROP program for Firefighters, which is 11 currently codified in Section 18-222 of the City Code; 12 WHEREAS, the Internal Revenue Code permits the establishment of qualified DROP 13 loan programs; 14 WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust 15 Fund has recommended the creation of a DROP loan program; 16 WHEREAS, the membership would be required to defray the administrative costs of 17 the DROP loan program; 18 WHEREAS, the City Commission of the City of Boynton Beach, desires to amend 19 Chapter 18 of the Code of Ordinances of the City to provide for DROP loan program for 20 firefighters; 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA: 23 Section 1: The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2: Section 18-193, DROP Loan Program, is hereby created to read as 26 follows: 27 {00070565.RTF;1 } Page 607 of 675 28 29 30 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 66 67 68 69 70 Section 18-193 - Firefighter DROP Loan Program W A DROP Loan program is hereby established for firefighters. Availability of loans. a. Loans are available to members only after termination of employment, provided the member had participated in the DROP for a period of 12 months. b. Loans may only be made from a member's own account. c. There may be no more than one loan at a time. f 3j Amount of loan. a. Loans may be made up to a maximum of 50% of account balance. b. The maximum dollar amount of a loan is $50,000, reduced by the highest outstanding loan balance during the last 12 months. C. The minimum loan is $5,000. Limitations on loans shall be made from the amounts paid into the DROP and the earnings thereon. f 5j Term of loan. a. The loan must be for at least one year. b. The loan shall be no longer than five years. fo Loan interest rate. a. The interest rate shall be fixed at time the loan is originated for the entire term of loan. b. The interest rate shall be equal to the prime rate published by an established local bank on the last day of each calendar quarter preceding the date of loan application. Defaults on loans. a. Loans shall be in default if two consecutive months' repayments are missed or if a total of four months' rebavments are missed. 00070565.RTF;l {00070565.RTF;1 12 Page 608 of 675 71 b. Upon default, the entire balance becomes due and payable immediately. 72 73 C. If a loan in default is not repaid in full immediately, the loan may be canceled 74 and the outstanding balance treated as a distribution, which may be taxable. 75 76 d. Upon default of a loan, a member will not be eligible for additional loans. 77 78 (8) Miscellaneous provisions. 79 80 a. All loans must be evidenced by a written loan agreement signed by the 81 member and the Board of Trustees. The agreement shall contain a promissory 82 note. 83 84 b. Notice of a loan shall be provided to a member's spouse, including a copy of 85 the promissory note. 86 87 C. Loans shall be considered a general asset of the fund. 88 89 d. Loans shall be subject to administrative fees to be set by the Board of Trustees. 90 91 e. Outstanding loan balances shall not be credited with earnings or losses. As the 92 outstanding balance is repaid with interest, earnings and losses shall be applied 93 to the payments and interest on a quarterly basis. 94 95 Section 3: That all ordinances or parts of ordinances in conflict herewith be and 96 the same are hereby repealed. 97 Section 4: Should any section or provision of this ordinance or portion hereof, any 98 paragraph, any sentence, or word be declared by a court of competent jurisdiction to be 99 invalid, such decision shall not affect the remainder of this ordinance. loo Section 5: Authority is hereby granted to codify this ordinance. 101 Section 6: This ordinance shall become effective immediately upon passage. 102 FIRST READING this day of , 2016. 103 00070565.RTF;l {00070565.RTF;1 13 Page 609 of 675 104 SECOND, FINAL READING AND PASSAGE this 105 2016. 106 107 CITY OF BOYNTON BEACH, FLORIDA 108 109 110 111 Mayor — Steven B. Grant 112 113 Vice Mayor — Mack McCray 114 115 Commissioner — Justin Katz 116 117 Commissioner — Christina L. Romelus 118 119 Commissioner — Joe Casello 120 121 122 VOTE 123 124 ATTEST: 125 126 127 128 Judith A. Pyle, CMC 129 Interim City Clerk 130 131 132 133 (Corporate Seal) {00070565.RTF;1 14 00070565.RTF;l day of YES NO Page 610 of 675 Gabriel Roeder Smith & Company One Fast Broward Blvd. 954.527.1616 phone GRS Consultants & Actuaries Suite 505 954.525.0053 fax Ft. Lauderdale, FL 33301-1504 www.gabrielroeder.com April 27, 2016 CONFIDENTIAL Ms. Barbara La Due Pension Administrator Renaissance Executive Suites 1500 Gateway Blvd. Suite 220 Boynton Beach, Florida 33426 Re: City of Boynton Beach Municipal Firefighters' Pension Trust Fund Dear Barbara: As requested, we have reviewed the proposed ordinance received on April 13, 2016, which would amend the City of Boynton Beach Municipal Firefighters' Pension Trust Fund (Plan). This ordinance would amend the Fund by creating a new Section 18-193, "Firefighter DROP Loan Program", to allow members who have separated from service to take a loan from their own DROP accounts. In our opinion, these changes will not have an actuarial impact on the cost of this Plan. Members utilizing the DROP Loan program will be charged interest on the balance being paid back and will not receive- DROP interest credits on outstanding loan balances. Also, members will be charged for applicable administrative fees. Therefore, we do not believe this program will have any actuarial impact on the Plan. It is our opinion that a fon-nal Actuarial Impact Statement is not required. A copy of this letter along with the proposed ordinance should be sent to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. Mr. Strong is independent of the plan sponsor. We welcome your questions and comments. Respectfully submitted, Peter N. Strong, FSA Senior Consultant and Actuary cc: Adam Levinson Enclosures This communication shall not be construed to provide tax advice, legal advice or investment advice. Page 611 of 675 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING CHAPTER 18, ARTICLE IV, PENSIONS FOR FIREFIGHTERS; CREATING A NEW SECTION 18-193 PROVIDING FOR A DROP LOAN PROGRAM; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Ordinance 00-13 created a DROP program for Firefighters, which is currently codified in Section 18-222 of the City Code; WHEREAS, the Internal Revenue Code permits the establishment of qualified DROP loan programs; WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust Fund has recommended the creation of a DROP loan program; WHEREAS, the membership would be required to defray the administrative costs of the DROP loan program; WHEREAS the City Commission of the City of Boynton Beach, desires to amend Chapter 18 of the Code of Ordinances of the City to provide for DROP loan program for firefighters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section l: Section 18-193, DROP Loan Program, is hereby created to read as follows: Section 18-193 - Firefighter DROP Loan Program {00070565.RTF;1} Page 612 of 675 (1) A DROP Loan program is hereby established for firefighters. (2) Availability of loans. a. Loans are available to members only after termination of employment, provided the member had participated in the DROP for a period of 12 months. b. Loans may only be made from a member's own account. C. There may be no more than one loan at a time. (3) Amount of loan. a . Loans may be made up to a maximum of 50% of account balance. b. The maximum dollar amount of a loan is $50,000, reduced by the highest outstanding loan balance during the last 12 months. C. The minimum loan is $5,000. (4) Limitations on loans shall be made from the amounts paid into the DROP and the earnings thereon. (5) Term of loan. a. The loan must be for at least one year. b. The loan shall be no longer than five vears. (6) Loan interest rate. a. The interest rate shall be fixed at time the loan is originated for the entire term of loan. b. The interest rate shall be equal to the prime rate published by an established local bank on the last day of each calendar quarter preceding the date of loan application. (7) Defaults on loans. a. Loans shall be in default if two consecutive months' 00070565.RTF;l repayments are missed or if a total of four months' repayments are missed. 100070565.RTF;1 }2 Page 613 of 675 b. Upon default, the entire balance becomes due and payable immediately. C. If a loan in default is not repaid in full immediately, the loan may be canceled and the outstanding balance treated as a distribution, which may be taxable. d. Upon default of a loan, a member will not be eligible for additional loans. (8) Miscellaneous provisions. a. All loans must be evidenced by a written loan agreement signed by the member and the Board of Trustees. The agreement shall contain a promissory note. b. A member's spouse must consent in writing to the loan. The consent shall acknowledge the effect of the loan on the member's account balance. C. Loans shall be considered a general asset of the fund. d. Loans shall be subject to administrative fees to be set by the Board of Trustees. e. Outstanding loan balances shall not be credited with earnings or losses. As the outstanding balance is repaid with interest, earnings and losses shall be applied to the pavments and interest on a quarterly basis. Section 2: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3: Should any section or provision of this ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4: Authority is hereby granted to codify this 100070565.RTF;1 } 3 00070565.RTF;l Page 614 of 675 ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of SECOND, FINAL READING AND PASSAGE this 2016. CITY OF BOYNTON BEACH, FLORIDA MAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: CITY CLERK ( CORPORATE SEAL) 100070565.RTF;1 }4 00070565.RTF;l 2016. day of Page 615 of 675 MINUTES OF THE BOYNTON BEACH FIREFIGHTERS' PENSION FUND QUARTERLY BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 3, 2016, AT 9:00 A.M. AT RENAISSANCE COMMONS EXECUTIVE SUITES, CONFERENCE ROOM 1, 1500 GATEWAY BLVD, SUITE 220, BOYNTON BEACH, FLORIDA PRESENT: Luke Henderson, Chair Barbara LaDue, Pension Administrator Helen "Ginger" Bush Adam Levinson, Board Counsel Matthew Petty Jonathan Raybuck Robert Taylor Interim Fire Chief Greg Hoggatt, Ex -Officio member I. CALL TO ORDER — Luke Henderson, Chairman Chair Henderson called the meeting to order at 9:08 a.m. II. AGENDA APPROVAL Chair Henderson moved Item C, IV. Financial Reports, Audit Report, to the beginning of the agenda and announced at 10 a.m., a disability applicant will be present for Item B, VII, New Business, Application for Disability Retirement. When the Trustees finish the item under discussion, they would discuss the disability item. Motion Mr. Taylor moved to approve the agenda as amended. Mr. Petty seconded the motion that unanimously passed. III. APPROVAL OF MINUTES — Quarterly Meeting 11-04-2015 Motion Mr. Taylor moved to approve the minutes. Mr. Raybuck seconded the motion that unanimously passed. Chair Henderson explained Chief Carter, the ex officio member retired and Greg Hoggatt, Interim Fire Chief was sitting in his stead. IV. Financial Reports C) Davidson, Jamieson & Cristini — Richard Cristini, CPA, CGFM & Jeanine Bittinger, CPA 1) Audit Report/ Financial Statements for PYE 9-30-2015 (Heard out of order) Page 616 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 Richard Cristini, Davidson, Jamieson and Cristini, was present with Jeannine Bittinger, CPA. Mr. Cristini reviewed the statement of fiduciary net position. Liabilities, accounts payable and broker dealer payables were up about $2 million from the year before. The net position for pensions was $80,406,693 versus $78,279,091 in 2014. Assets working for the Plan to cover costs increased, but not as much as last year. Employer contributions were up and member contributions were the same as last year. Plan member buy backs decreased and rollovers to DROP decreased. Total contributions were $5.3 million and $5.1 million the prior year. Excise rebate monies were down slightly. Total investment income was $571,346 versus $7.4 million in 2014. Investment expenses were on par, and the net investment income was $282,853 versus $7,187,580 in 2014. Total additions to the Plan were $13 million in 2014 versus $6.5 million in 2015. Administrative expenses and operating expenses increased slightly. Total deductions were $4.4 million in 2014 and nearly the same in 2015. The net increase in net position was $2.1 million in 2015, down from $8.8 million in 2014. Mr. Cristini noted the net investment income is what drives much of the Plan. Attorney Levinson noted the Plan has a new custodian. The contract was signed after the end of the year and next year, since Chair Henderson was able to negotiate a lower fee, the Plan would realize a cost savings. Mr. Cristini explained the Plan's operations will be weighted towards Government Accounting Standards Board (GASB) 67 requirements and there is a compliance supplement included with the report. He reminded all GASB 68 requirements applied to the City and those provisions went into effect on September 30, 2015, for the year ending September 30, 2014. The auditor had to provide additional information. Attorney Levinson recalled the Board authorized the Actuary to work closely with the City regarding GASB 68. It was noted the GASB 67 provisions are accounting measurements, not the actuarial measurements of the funded status of the Plan, and the provisions are not used to develop employer contribution rates. A second report calculates similar numbers, but not how the Plan is driven. Mr. Cristini reviewed the investment asset allocations coming from the Investment Policy Statement. The rate of return is the money -weighted rate of return regarding investment performance, net of investment expenses, adjusted for the changing amounts actually invested. This year the rate was .78%. Attorney Levinson commented other plans in the State earned less than the Boynton Plan. The Plan's realized appreciation/depreciation reflected the Plan made money, but investments on unrealized appreciation/depreciation showed a loss of $4,559,343 this year. Mr. Cristini noted this decline was across all plans. The Plan would have earned $7 million if it sold all its remaining securities. Last year, the Plan would have made $13 million. 2 Page 617 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 Attorney Levinson noted municipal obligations were included as a type of investment. Dave West, Bogdahn Consulting, explained there was a strategic opportunity that arose as a result of the economy. The investment was an active management decision by the bond manager. He saw positive market values there, but it was unlikely they would be included in the portfolio again. Designated pension benefits showed $12 million in designated DROP benefits in 2015 compared to $10 million in 2014, and $67 million for the rest of the members. Revisions in actuarial assumptions and methods reflected the investment return was lowered from 7.65% to 7.50% as of September 30, 2015, which caused the employer contribution rate to increase by 1.54% of covered payroll. Mr. Cristini commented most investment return rates ranged from 7.8% to 7.5%, but of all the plans reported on, the Boynton Beach Plan had the lowest investment return rate. The net position liability for the City of Boynton Beach as calculated by the actuary, and given the GASB 67 assumptions prohibiting smoothing and using the market value only, was $126,579,666. The City's net pension liability with GASB 67 was $46 million. GASB 68 requires the City to use the prior year number. GASB 67 requires the Plan to use current numbers, so there would be different numbers in the GASB 68 report. The actuary uses the date of October 1, 2014, and once adopted must use October 1St as the date each year thereafter. The City has to record all of the GASB 68 figures and include the GASB 67 reporting requirements to the City's Comprehensive Annual Financial Report (CAFR) which will have two different measurements in its report. Each year, the information will be added to a table, so the report will have the prior 10 years of information. The assumptions from the actuary for the GASB 67 calculations included inflation and return rates. The long-term real rate of return was 7.5%, and it governed the discount rate calculation. Mr. Cristini reviewed the calculations used and a handout was distributed showing the target allocation by asset class. The expected rates of returns of various plans were about the same, but with inflation, the rates varied. Mr. Cristini explained examples of the City's net pension liability at 1% more and 1% less than the assumed rate of return were included in the report. The Actuary had determined contributions were nearly the same as last year. In GASB 68, the measurement date is important. One of the plan elements the City will have to add to the CAFR is the amount of contributions from the City measured from the measurement date as a way to calculate a pension plan expense from a City standpoint. It would ensure the City was aware of the liability and the basis for the liability. Mr. Cristini reviewed the valuation date and methods and assumptions used to determine contribution rates. The schedule of investment returns was .78% in 2015 3 Page 618 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February, 2016 compared to 9.54% for the prior year and administrative expenses were less than 1 which was very good. Mr. Cristini advised the report was an unqualified report. The Statement of Standards for Attestation Engagements (SSAE) 16 Report on a description of a service organization's system and suitability of the design and operating effectiveness of controls related to Salem. The prior report regarding Salem was problematic; however, this year the report said Salem's controls were operating as intended. Ms. LaDue explained she reviews each statement received and all appeared to be in order. There was brief discussion mortality tables were not favorable to firefighters, but firefighters were living longer. Mr. Raybuck thought tables should be based on private sector populations and if they had a mortality table for firefighters, it would show favorable lifespans. Attorney Levinson asked the auditors if they received full cooperation from everyone who works for the Pension Board and from the City and Mr. Cristini responded he had. Ms. Bittinger explained the actuary did a great job providing the information. Mr. Cristini also advised he did not see any issues with Regions Bank. The Bank was cooperative and very responsive. Motion Mr. Taylor moved to approve the report. Mr. Raybuck seconded the motion that unanimously passed. VII. B. Application for Disability Retirement: 1) Rani DeMarco- Application, HIPPA form & MMI paper from Doctor Attorney Levinson explained Ms. DeMarco's application was forwarded to the Board by Ms. LaDue and another Trustee. Two doctors were listed on the application and letters were sent to them asking for the records and the cost, but there has not yet been a response. They sent an email and letter to Human Resources regarding Workers' Compensation records and staff was putting together a CD. Once the Trustees have all those records, the Board will send Ms. DeMarco for an Independent Medical Exam (IME) with an orthopedist, and the Board will receive the IME report. The Board will select a hearing date and would review the records and report from the doctor(s) regarding a Functional Capacity Evaluation (FCE). Interim Chief Hoggatt asked if the doctor used for the FCE used the National Fire Protection Association (NFPA) requirements and Attorney Levinson thought he/she would, but was unsure. Ms. DeMarco explained she only listed the doctors involved with her condition and no other doctor has treated her for this condition. Attorney Levinson explained she has the right to monitor the process and noted Ms. DeMarco had obtained counsel. 0 Page 619 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida Ms. DeMarco had questions about NFPA 1582. She was having surgery on February 12 and would be in a wheelchair for six weeks followed by seven months of therapy. Attorney Levinson thought the doctor may wait until after the procedure and/or rehab. He clarified the Pension Board follows the Ordinance and grants or denies requests for benefits. The Pension Board does not make Human Resource decisions or hiring or accommodation decisions. During the Workers' Compensation period, Ms. DeMarco will either be on no duty or modified duty. She was currently on modified duty. The department gave her a place to work performing tasks she does not normally handle. 1) Investment Performance Review for Quarter December 31, 2015 Dave West, Bogdahn Consulting, advised the portfolio had a good quarter. The average return for developed countries foreign stock was 4.7%. The S&P 500 returned 7%. The bond market benchmark for the US aggregate was down 6% because the Federal Reserve raised rates. The Plan was invested in a less interest -rate sensitive benchmark so returns were not as affected by the aggregate bond market. (Chair Henderson left the meeting at 10:29 a.m.) The total fund was up 4.35% for the quarter. For the one-year period, the fund earned 2.27°/x. The fund earned slightly over 9% during the three-year annualized period and for five years, it annualized at 7.67°/x. The fund finished ahead of the passive policy benchmark and ranked in the top third percentile in its public peer group universe for the quarter. For the one-year period, the Plan ranked in the top fourth percentile. For the three-year period, the fund ranked in the top 8th percentile and for the five-year period, the fund ranked in the top fifteenth percentile. Mr. West noted all the changes they made over the past few years paid off. Real estate was fully funded and Middle Market Debt was doing well. Bogdahn Consulting had been tracking Anchor during the bull market and they outperformed in November and December when the market was down. The fund was ahead of the benchmark of 6.53%. For the one-year period it was slightly under the benchmark; for the three-year period was about even to the benchmark and then slipped, and for the five-year period, it was above the benchmark ranking in the 45th percentile. (Chair Henderson returned to the meeting at 10:32 p.m.) The S&P 500 was up about 7%. On the growth side, DSM was up 8.53% ahead of the benchmark and 3%, 1.58%, and 1.43% for the one, three and five-year periods, ranking in the 19th 22nd and 17th percentile respectively for the same time periods. The second index component emphasized domestic mid cap equities which the fund captured through Vanguard. It was not up as much for the quarter, but it still was up 3.44%. 6■ Page 620 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 WCM, the international equity manager that was hired in April 2015, was up half a percent versus a benchmark that was down 8.54%. The Euro Pacific Fund, since April 1" was down 6% versus the benchmark that was down 8%. Schroders was down less than the benchmark for the quarter and for the three and five year periods was ahead of the benchmark. Treasury Inflation Protection Securities was underweight and did not fare well, experiencing a slight loss. Global fixed income reflected PIMCO was up .87% and for the one-year period was up 1.25% versus the benchmark of -.2. Since inception PIMCO was on track. The Templeton Global Bond fund was at 2.29% versus a negative benchmark of -1.23% Real estate reflected Intercontinental was up 5.85%. ASB was up 5.62%. For the one- year period, Intercontinental was at about 15% and ASB was at 17%. Intercontinental for the three and five-year periods earned 15% respectively. Mr. Taylor thought real estate was one of the best vehicles going forward and wondered if they could change the allocated percentage to it. Mr. West agreed, but commented he would draw a different conclusion. He explained the asset allocation had a natural increase. The outlook from the managers was still positive and he likened the cycle of the fund as being in the 6th inning for real estate pointing out the middle to end part of the cycle is when real estate best performs. Real Estate was now experiencing increases in rents and there should be less appreciation from the funds, but they would capture its value from increased rents. He explained that trend will continue. As to money flow, there was still money going into real estate. There are still capital queues ranging from a year to a year and a half and both managers have a value added sleeve. If they allocated more to the fund, it would have to be to the value portion of real estate as a specialty focus. Mr. West explained most value -end funds are closed- end funds and the Board would have to lock up capital for a seven to eight-year period. The one-year internal rate of return for Middle Market Debt reflected Crescent Direct Leveraged Fund earned 6.82% for the year. LBC earned 10.54%. Since inception, including the capital call and fees, Crescent earned 3.75% and LBC, because they were buying into an existing portfolio, earned 11.37%. Domestic fixed income was the source of funds that provided substantial returns. Attorney Levinson inquired why they could not compare Crescent Direct and LBC. Mr. West explained there was no apples -to -apples comparison. They were dependent on the due diligence efforts of the Bogdahn Research Team. The fund opened with $80,429,680. Contributions totaled $4,619,027. Distributions were $1,278,627. Investment management fees as invoiced and paid by the custodian totaled $73,632. Other expenses for administration were $7,655. Bogdahn Consulting aggregated all the income earned with appreciation and advised the fund earned $3,545,237. As of December 31, 2015, the fund had $87,234,030. N. Page 621 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 Since the fund was so well diversified against the equity market and because the fund was gaining so much income as a percentage of return contributions, Mr. West anticipated the fund would weather the downturn well. Several managers should provide good downside protection. Mr. West thought the Plan may have a total return retracement of about 3%. The investment manager fees reflected the Plan pays five basis points for the S&P 500 index fund. The DSM fund, which was a separate fund, cost 86 basis points. The total fund with the dollar weight of each investment times the annualized fees yielded an operating expense ratio totaling 59 basis points which was good. Mr. Petty commented he logged into the Regions Bank account and all the money was there except for real estate and private equity. Mr. West explained those assets were custodied externally, and Salem would provide a shadow account. Mr. West explained they were receiving four additional statements for any asset housed outside of Regions Bank and Mr. West and the auditors aggregate those statements. Mr. West requested a standing letter of direction for balances and distributions to send to Regions Bank. They had a letter for Salem Trust which could be updated and sent to Regions Bank to complete the transition. He requested sending all communications directly to him. Interim Fire Chief Hoggatt inquired how the upcoming election would affect the market. Mr. West thought it may have a modest influence. One thing that would positively impact the market was if there was an active effort with fiscal policy regarding spending to stimulate the economy by making it more tax and regulatory -friendly. B) Gabriel, Roeder, Smith & Co — 1) Actuarial Valuation PYE 9-30-2015 — Special meeting or May quarterly meeting date of May 41h 2) Updated GASB No. 67 Disclosure Information dated 1-22-16 Chair Henderson explained Pete Strong, Plan Actuary, was not able to attend the meeting. He and Ms. LaDue spoke with him several times and Mr. Strong commented he would have the Actuarial Report finished by the next quarterly meeting. Additionally, Mr. Raybuck would not be able to attend the next meeting and Mr. Taylor also may not be able to attend. He requested moving the meeting date. After brief discussion, there was agreement to meet on April 29th at 9 a.m. Mr. West explained he would not have the estimated real estate values, mid -market debt or peer groups populated by the next quarterly meeting, but he could provide a summary report and update for the following quarterly meeting. There was agreement if Mr. Strong could not attend, he could send a representative. C) Davidson, Jamieson & Cristini — Richard Cristini, CPA, CGFM & Jeanine Bittinger, CPA FA Page 622 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 2) Audit Report/ Financial Statements for PYE 9-30-2015 This item was discussed earlier in the meeting. VII. B. Application for Disability Retirement: 2) Rani DeMarco- Application, HIPPA form & MMI paper from Doctor This item was previously discussed. Attorney Report — Adam Levinson 1) Client Conference March 6 — 9, 2016 Attorney Levinson announced the Client Conference and requested Ms. LaDue provide dates for the Division of Retirement Trustee Schools and the Florida Public Pension Trustees Association (FPPTA) conference. 2) DROP loan provision — status Attorney Levinson did not have a report to make, but did advise his office was comfortable using the Police Deferred Retirement Option Plan (DROP) for firefighters. He wrote a letter in November about the Chapter 175 monies and pointed out this issue was an example of the City and Union entering into a Memorandum of Understanding (MOU) about premium tax allocations. He asked if there were any other agreements pending between the City and Union on the underlying contract or if the contract was agreed to without any pension changes and learned there were no pension changes. He thought it would be nice if the Union could negotiate the DROP program, but the DROP could be instituted via Ordinance if the City agreed. Attorney Levinson commented the Firefighters' Ordinance did not have as much specificity as the Police DROP Loan program did, so an Ordinance amendment would be required, modeled after the Police Plan. Attorney Levinson would work with Attorney Jensen. Chair Henderson did not recall if the Board approved Attorney Levinson rewriting the Ordinance and learned they had. He hoped if City Officials understood there was no financial impact, there would usually be no problems. Mike Smollen, former Trustee, expressed this issue was important to retirees and he liked the idea people could access their accounts up to $50K. Mr. Smollen requested the issue be moved along as quickly as possible. Attorney Levinson would draft the Ordinance to grant the Board the ability to implement the DROP loan program, cover letter, and send the Ordinance to the City Manager or City Attorney with a copy to the Finance Director. Attorney Levinson would follow up with them and Chair Henderson offered to deliver the information personally. ,19 Page 623 of 675 Meeting Minutes Firefighters' Pension Board Boynton each, Florida February 3, 2016 Interim Chief Hoggatt inquired if they should wait on the matter pending the upcoming City elections. Chair Henderson explained they would get it going as quickly as possible. Attorney Levinson explained the "Whereas" clause would say they would adopt the same program which worked well for the Police. The Board was approached by retirees regarding the provision, and it had no financial impact. 3) Mutual Consent Agreement — City and Local 1891 — Letter dated 11- 20-15 Attorney Levinson explained this item was a communication to the City relating to Senate Bill (SB) 172 which gave discretion to the parties about how to use the premium taxes. The Board would allocate one third of the unallocated Chapter 175 monies over a three-year period for a total of one million dollars towards the Plan's unfunded liability. This contribution would not reduce the City's contribution, only the unfunded liability, which would save money over time. Mr. Taylor questioned the use of the word "could" and asked if the action was discretionary. Attorney Levinson responded it was and the MOU could permit paying the full million in the first year or in year three. Chair Henderson understood the one third of the unallocated Chapter 175 funds would be paid each year for three years. It was important the Plan Actuary be aware of the allocation made for last year so he could conduct a valuation. By approving the valuation, the Trustees would approve the allocation. Mr. Raybuck inquired if this item would warrant a press release that firefighters were taking a proactive approach and Attorney Levinson deferred to the Board as not all cities have done so. Some cities made a concerted effort to lower their city's contribution by supplementing the employer's contribution. Boynton Beach was contributing by reducing the unfunded liability saving the City money. The Union and the membership of the fund agreed to take some of the 175 monies and reallocate it to paying down the unfunded liability by $333K each year over the next three years. Attorney Levinson explained the mutual consent letter involved multiple conversations between the City and actuary and Chair Henderson played a big role. Chair Henderson asked if a motion was needed to reallocate the $333K and Attorney Levinson responded a motion was not needed, but they could motion to carry out and effectuate the agreement to ensure the actuary does what needed to be done. Motion Ms. Bush so moved. Mr. Raybuck seconded the motion that unanimously passed. 4) Insurance Premium Tax Database — Chapter 175/185 —Memo 12-5- 2015 Attorney Levinson noted the memo dated December 5, 2015, and advised Boynton Beach was the first City on the firefighters' side to have interlocal agreements for contract areas. He noted there was a PointMatch website where addresses are E Page 624 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 entered, allowing the City to collect the excise taxes for contract areas. Each city is supposed to have a contact person and Attorney Levinson noted John McNally and Terry Owens are the City's contacts. They update the information each year. It is important addresses are entered for any new construction in Ocean Ridge or Hypoluxo. Attorney Levinson thought someone should contact those cities to update the database and to ensure other municipalities were not claiming Boynton Beach addresses. He pointed out it is the same database used for the Communications Service Tax. Mr. Raybuck asked about mutual aid areas. Attorney Levinson clarified they could only collect funds from a municipality and the addresses had to be in the contract areas. The City's contract areas included Briny Breezes, Ocean Ridge, Golf and Hypoluxo. 5) Ordinance 10-016 — Ad Hoc Supplemental Benefit and Administrative Rules Chair Henderson read the Ordinance and advised it gives the Board decision making authority to determine how the Ad Hoc Supplemental benefit is allocated and spent. He noted it did not affect last year. Mr. Petty indicated it will affect the Annual Required Contribution for 2017 and the City would have to pay it a year ahead. The Trustees would discuss the pay down with Mr. Strong during the Annual Report to determine if there would be any funds left over. Mr. Petty emphasized it was important to have factual information. It was noted Mr. Strong would be present at the April 291h meeting, per an email from Mr. Strong sent during the meeting. Attorney Levinson noted the Board may need to give direction to Ms. LaDue or the Chair to allow Bernstein Litowitz Berger & Grossmann LLP, or any other law firm the Board would want, to have access to the portfolio. Authorization would be read only access because the Plan was using Regions Bank. Motion Mr. Taylor so moved. Ms. Bush seconded the motion that unanimously passed. V. CORRESPONDENCE — 1) Notice of Security Interest, 11-16-15 — Crescent Direct Lending Ms. LaDue explained Crescent Direct Lending switched from Deutsche Bank to Wells Fargo. Mr. West had reviewed the notice and was fine with the change. VI. OLD BUSINESS — 1) Deputy Chief Hoggatt — Transfer of contributions — status Chair Henderson explained Deputy Chief Hoggatt was given the option to go into one of two retirement plans when he was first hired and chose the General Employees (GE) Plan. Later, he larned he could not be in it and had to pay about $3,000 to calculate the 10 Page 625 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 payments he had to make to the Firefighters' Plan. Attorney Levinson clarified going forward, Interim Chief Hoggatt would be contributing to the Firefighters' Plan. The GE Board wanted to give the City a credit to pay the extra amount to the Firefighters' Plan. Ms. LaDue asked how the employee contributions would be moved over and learned it was to be a plan -to -plan transfer, but it had not yet occurred. Interim Chief Hoggatt explained he chose the Plan for the five-year vesting. He has yet to receive anything regarding the amount of money that was supposed to be transferred and the difference of five percent between the GE Plan and the Firefighters' Plan that he had to pay. Discussion followed only the Fire Chief can be in the General Employees' Plan, and Mr. Hoggatt was now the Interim Chief. Chair Henderson understood, but pointed out they are non-compliant. The Firefighters' Pension contribution from his date of hire and check date of November 9, 2012, through August 14, 2015, would be $37,075.46 and the difference between the GE Plan and the Firefighters' Plan was $15,448.21. Ms. LaDue explained this information came from the Finance Department. Attorney Levinson advised this should be forwarded to the Chief. Interim Chief Hoggatt was given slightly less than three years to pay the employee contributions as opposed to issuing a lump sum check. Mr. Petty recalled Mr. Strong had provided a calculation. Ms. LaDue reiterated she had not received any money from the General Employees and the contributions had not been moved over. 2) Joint Request for Proposals for Pension Administrator — Matt Petty on update/status A Request for Proposals was issued for a Pension Administrator and five responses were received. Mr. Petty distributed a summary sheet regarding all the responses. Foster and Foster had not responded. Mr. Petty thought the leading respondent was the Resource Center and discussion followed about office space and fees. Mr. Petty thought the fees for the Resource Center were negotiable; however, Ms. LaDue explained payments to the Resource Center were on hold because prior hardware/software changes they were to provide had not yet taken place. Mr. Petty also reviewed various websites and thought the Resource Center's website was one of the better websites. Precision Pensions was a lot more expensive. Benefits USA was a popular firm, but their website seemed technologically behind, especially with record keeping. The Resource Center proposal included administering the DROP at no additional fee. Benefits USA had a DROP consultant fee paid for by the employee. Chair Henderson suggested having a joint meeting with the Police to interview respondents. Mr. Petty commented he would interview the Resource Center and Benefits USA. Ms. LaDue was familiar with nearly all the firms. Mr. Petty agreed to talk with the Chair of the Police Pension Plan regarding holding joint meeting. Chair Henderson set a tentative date of Wednesday, March 16th at 10:30 a.m. An alternate date of Wednesday March 23rd was also set. 11 Page 626 of 675 Meeting Minutes Firefighters' Pension Board Boynton each, Florida February 3, 2016 VII. NEW BUSINESS: A. Invoices for review and approval: 1. Schroder Fixed Income Mgt — Qtry fee -03-31-2016 - $ 2. DSM Capital Partners LLC — Qtry fee 03-31-2016 - $23,735.95 3. Klausner, Kaufman, Jensen & Levinson — Service Oct, Nov & Dec 2015 - $9,832.50 4. Bogdahn Group — Consulting Fee 12-31-2015 withdrawn R&D Account $8,375 5. Anchor Capital Advisors — Quarterly fee — 12-31-2015 - $ 6. GRS - Service Nov 2015 - $5,472 & Dec 2015 - $3,653 7. Alerus — Qtry DROP Admin Fee - $500 8. Regions Trust Custodial Fee - 12-31-15 $5,000 9. Intercontinental- Management Quarterly fee 3rd Qtr 2015 - $9039.75 - withheld from dividend reinvestment plan. 10. Davidson, Jamieson & Cristini — Progress billing Audit - $6,000 Ms. LaDue reviewed some invoices were not received. Motion Mr. Taylor moved to approve, and to pay the bills that were not yet received if they were customary charges. Mr. Raybuck seconded the motion that unanimously passed. VIII. PENSION ADMINISTRATOR'S REPORT: 1. Benefits as of 01-01-2016 2. Transition from Salem to Regions — Update Ms. LaDue explained she was disappointed Salem did not transmit some of the information they should have when Regions Bank became the new custodian and that Bob Smeltzer from Regions Bank would be available at the next meeting. Chair Henderson distributed a letter stepping down as Board Chairman effective February 3, 2016, and from the Pension Board effective April 30, 2016. Mr. Taylor commented he sits on several boards and Chair Henderson was a fine Chairman, having the ability to move towards consensus in a well thought out way. Serving as Trustee on the Board was one of the most enjoyable jobs he had. Motion Mr. Raybuck nominated Mr. Petty as Chair. Mr. Taylor seconded the motion that unanimously passed. 12 Page 627 of 675 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 IX. Adjournment There being no further business to discuss, Chair Henderson adjourned the meeting at 12:06 p.m. &Q-turu &A)wl Catherine Cherry Minutes Specialist 020416 13 Page 628 of 675 15.A. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Upon successful negotiations, the Commission will ratify the IAFF, SEIU and PBA union contracts -TBD 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: REVIEWERS: Department Reviewer Action Date Human Resources Stanzione, Tammy Approved 8/22/2016 - 8:12 AM Page 629 of 675 15. B. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 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: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 8/22/2016 - 8:14 AM Page 630 of 675 15.C. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016 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: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 8/22/2016 - 8:14 AM Page 631 of 675 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 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: REVIEWERS: Department City Manager 15. D. FUTURE AGENDA ITEMS 9/8/2016 Reviewer Action Date Stanzione, Tammy Approved 8/22/2016 - 8:16 AM Page 632 of 675 15. E. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) EXPLANATION OF REQUEST: These amendments are part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191, Florida Statutes. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (DEO - the Department of Economic Opportunity) by letter of this determination according to a published schedule. The statutory language also encourages local governments to comprehensively evaluate and, if necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the emphasis placed on the response to the new language codified on July 1, 2015, following the 2015 Session of the Florida Legislature. The new requirements pertain to the expansion of flood mitigation measures for redevelopment in coastal areas. The State's requirements are both broad and comprehensive, and after close coordination with reviewers from the state planning office staff proposes extensive amendments to the City's policies in attempt to address all intended requirements. It is difficult at this time to anticipate the ultimate impact on the city of some of these new policies, and almost equally as difficult to summarize the changes in this narrative. However, all proposed programs and activities have merit in addressing this problem and would include more detailed identification and mapping functions, a commitment to steering populations (particularly special needs persons) away from certain flood prone areas, closer examination of permit applications for use of best available methods and materials to mitigate flood damage, regular review of codes and regulations for optimal promotion of flood mitigation, and through coordination with the County -wide efforts charged with addressing hazard mitigation. The proposed policies also reference the City's Climate Action Plan and the commitment to considering the identification of Adaptation Action Areas. Additionally, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completions and changes in City programs, and a Flood Hazard Map Series that will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. The Planning and Development Board recommended approval of the subject amendments on July 26, 2016. Page 633 of 675 Please note that a map and related comments have been added to the transmittal package pursuant to a recommendation received from the DEO subsequent to the Board's meeting. The map shows flood -prone areas that are likely to be included in the future study which will evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177 and the Boynton Beach Climate Action Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Implementation of the action item 1.11 under "Great Neighborhoods: Safe, Affordable and Livable" (FY 2015/16) CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Incorporation of policies committing the City to the continued implementation of the Climate Action Plan, including the study for establishment of Adaptation Action Areas. Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Exhibit D Exhibit REVIEWERS: Department City Clerk Description Ordinance approving text amendments to Coastal Management Staff Report Exhibit A. Proposed Amendments Exhibit B. Map Series Reviewer Action Date Pyle, Judith Approved 3/20/2016 - 4:20 PIVD Page 634 of 675 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO ADDRESS NEW STATUTORY REQUIREMENTS PERTAINING TO PREVENTION/MITIGATION OF FLOOD HAZARDS IN THE COASTAL AREAS ALONG WITH UPDATING THE REMAINING OBJECTIVES AND POLICIES TO ACCOUNT FOR COMPLETION AND CHANGES IN THE CITY'S PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on August 19, 2008 the City Commission, via Ordinance 08-007, adopted amendments to the City's Comprehensive Plan which included amendments to the Coastal Management Element; and WHEREAS, the proposed amendments, based on the current Evaluation and Appraisal Review (EAR) are limited to the Coastal Management Element and pertain to the expansion of flood mitigation measures for redevelopment in coastal areas; and WHEREAS, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completion and changes in City Programs and a Flood Hazard Map Series that will be added to the Coastal Management Element Support document; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to adopt the EAR -based amendments into the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -1- Page 635 of 675 I Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 adopts the amendments to the Comprehensive Plan Coastal Management Element for 5 transmittal to the Department of Economic Opportunity for the State -Coordinated Review 6 which address new statutory requirements pertaining to prevention/mitigation of flood hazards 7 in the coastal areas and update the remaining objectives and policies to account for completion 8 and changes in the City's programs, a copy of which is attached hereto as Exhibit "A". 9 Section 3. The City Commission hereby certifies that it shall and will conduct such 10 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 11 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 12 conduct and publish same, as provided by general law. 13 Section 4. The City Commission hereby authorizes the appropriate City officials to 14 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 15 as amended herein, to the State of Florida Department of Community Affairs and to any other 16 governmental agency having jurisdiction with regard to the approval of same in accordance 17 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 18 Amendments available for public review and examination at Boynton Beach City Hall. 19 Section 5. All laws and ordinances in conflict with any provisions of this ordinance 20 are hereby repealed. 21 Section 6. Should any section or provision of this Ordinance or any portion thereof 22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the -2- Page 636 of 675 I remainder of this Ordinance. 2 Section 7. This Ordinance shall become effective immediately upon passage. 3 FIRST READING this day of , 2016. 4 SECOND, FINAL READING AND PASSAGE this day of , 2016. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Mack McCray 13 14 Commissioner — Justin Katz 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 Interim City Clerk 28 29 (Corporate Seal) -3- Page 637 of 675 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-031 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Michael W. Rumpf Director of Planning and Zoning DATE: July 13, 2016 PROJECT NAME/NO: Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001) based on the Evaluation and Appraisal Review (EAR) REQUEST: Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. PROCEDURE The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (Department of Economic Opportunity) by letter of this determination according to the schedule published in Rule 73C-49. The statutory language also encourages local governments to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The EAR -based plan amendments are subject to the State Coordinated Review process Page 638 of 675 Page 2 File Number CPTA 16-001 Coastal Management Element updates per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency—in Boynton Beach, the City Commission—and a subsequent transmittal of the amendments to the state planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. BACKGROUND/ INTRODUCTION On August 1, 2015, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements as well as some changes in local conditions and the city's vision and priorities. (Since the adoption of 2008 EAR -based amendments, the City also adopted extensive amendments to the Future Land Use, Transportation, Housing, and Intergovernmental Coordination elements in 2014.) The proposed amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the main focus placed on the response to the new language required in that element ensuing enanctment of bill CS/CS/CS SB 1094 (2015 Session of the Florida Legislature). On July 1, 2015 section 163.3178(2)(f), F.S. was amended to require that the Coastal Management element includes: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must.- 1. ust.1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Additionally, the proposed amendments include changes to the layout of the element and update the existing objectives and policies to account for completions and changes Page 639 of 675 Page 3 File Number CPTA 16-001 Coastal Management Element updates in City's programs. A Flood Hazard Map Series will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. PROPOSED TEXT See Exhibit A for the proposed changes, and Exhibit B for the Flood Hazard Map Series. Except for the Coastal High Hazard Area map, which is already included in the existing map series for the Coastal Management Element, all others are new. The maps include: • MAP 1A: Storm Surge Categories for CM Area North • MAP 1 B: Storm Surge Categories for CM Area South • MAP 2 : Coastal High Hazard Area • MAP 3 : FEMA Special Flood Hazard Area (SFHA) • MAP 4 : Historical Flood Insurance Claims • MAP 5A: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area North • MAP 513: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area South • MAP 6 : Top Flood Risk Area ANALYSIS The new policies addressing the requirements listed above draw on several of the City's actions and programs, either recent or not yet incorporated into the CM Element. FLOOD MITIGATION PROGRAMS • Land Development Regulations: City Flood Prevention Code Included the Land Development Regulations is Article X. Flood Prevention Requirements (Chapter 4. Site Development Standards), also referred to as the City Flood Prevention Code. The purpose of this ordinance is 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: o Minimize unnecessary disruption of commerce, access and public service during times of flooding; o Require the use of appropriate construction practices in order to prevent Page 640 of 675 Page 4 File Number CPTA 16-001 Coastal Management Element updates or minimize future flood damage; o 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; o 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; o Minimize damage to public and private facilities and utilities; o Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; o Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and o Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. The City is in the process of reviewing and updating Article X. The goal of the update is make the requirements consistent with the 5t" edition of the Florida Building Code, which now contains all the laws and rules that pertain to and govern the design and construction of buildings, including those in flood hazard areas. The update will be completed in 2017. • National Flood Insurance Program's Community Rating System (CRS) The City qualified for the CRS in 1991. CRS is a voluntary program that provides reductions to flood insurance premiums in communities willing to implement policies and programs that go beyond the minimum NFIP requirements. Local governments apply for a CRS classification and are given credit points that reflect the impact of their activities on the three goals of the CRS: (1) Reduce flood losses; (2) Facilitate accurate insurance; and (3) Promote the awareness of flood insurance. To obtain the necessary credit points to achieve lower CRS class ratings, they implement a broad range of programs aimed at addressing the three goals of the CRS program. There are eighteen activities by which communities can accumulate points toward their class ratings. Boynton Beach has achieved a respectable Class 7 rating, resulting in a 15% reduction in flood insurance premiums for residents that purchase flood insurance in Special FEMA -defined Flood Hazard Areas (SFHA), and a 5% premium reduction in non- SFHAs in the City. Boynton has recently gone through a recertification process, hoping to lower the rating (the results have not yet been anounced). The City has set as a goal the achievement of a Class 5, which would increase savings to 25%. • Flood Mitigation Plan In July 2013 the City adopted a Flood Mitigation Plan. It was developed to qualify as a "floodplain management plan" under the CRS and also to meet requirements of the Page 641 of 675 Page 5 File Number CPTA 16-001 Coastal Management Element updates Flood Mitigation Assistance Planning Grant and the Disaster Mitigation Act of 2000. The plan enables the City to quickly respond to state and federal funding opportunities for flood mitigation -related projects. The plan defines, justifies, and prioritizes flood mitigation initiatives that have been formulated through a flood hazard analysis and vulnerability assessment process. It also contains an extensive Program for Public Information (PPI)—an outreach program to educate the community on matters pertaining to floodplain management. The Plan will be updated in 2018, with the progress reports compiled on an annual basis (the last one was completed in October of 2015). • Climate Action Plan In 2010, the City identified climate change and its long-term effects as the defining challenge for the 21st century, projecting the direct impact that sea level rise would have on the City's water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. Committing to a strategic plan that would actively move the community toward sustainability was the approach that began in 2008 and ultimately became a reality when the City Commission adopted the City Boynton Beach Climate Action Plan (CAP) in October of 2010. Also in 2010, Monroe, Miami -Dade, Broward and Palm Beach counties signed the Southeast Florida Regional Climate Change Compact (Compact) supporting the development of a Regional Collaborative Climate Action Plan. In December 2012, the City Commission endorsed the Mayors' Climate Action Pledge, affirming support for the Compact and agreeing to consider integrating the Regional Climate Action Plan framework in whole or in part, into existing and future municipal sustainability action plans. Specific accomplishments of the Compact included the development of regionally - consistent methodologies for mapping sea -level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these provided the foundation for the Regional Climate Action Plan (RCAP). The Compact recommendations have been incorporated into the City of Boynton Beach Climate Action Plan (CAP 2.0), with the revisions adopted in December of 2015. With the adoption of the CAP 2.0, the City committed to initiating, by 2018, a study which would evaluate opportunities to establish the Adaptation Action Area(s) and related policies pursuant Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. Currently, the statutes maintain that the establishment of the Adaptation Action Areas is "the option of the local government." As the analysis of optimal locations for Adaptation Action designation is likely to incur significant costs, the City will rely—at least partly—on grants, potential partnership and regional efforts carried by Compact. Page 642 of 675 Page 6 File Number CPTA 16-001 Coastal Management Element updates • Local Mitigation Strategy Plan (LMS) The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard -specific mitigation options and for developing and executing sound, cost effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. Boynton Beach adopted the revised LMS in November of 2014 by resolution R14-109 (the LMS is updated every five years). SUPPORT DATA Flood Hazard Map Series • The Coastal High Hazard Area (CHHA) Since the definition of the designation has not changed, neither has the boundary of CHHA in the City's coastal area. Please note that, out of about 73 acres of land with the CHHA designation, approximately 32 acres are mangrove areas under the City's conservation overlay, and an additional 21 acres are city parks/private recreation or green areas (some overgrown with mangroves). Therefore, some 73% of the CHHA area can be considered undevelopable land. The remaining 27% is developed; any redevelopment activities will be subject to limitations pursuant to Policies 7.6.5 to 7.6.9. • FEMA Map The FEMA's Special Flood Hazard Area map for the City (see the map series) is based on the 1982 data. New flood insurance maps for Palm Beach County remain on hold, with the Federal officials continuing to review appeals claiming that flood risks for many of properties in the county were overestimated. The appeals, by Palm Beach County, West Palm Beach and other cities, were based largely on revised land and water elevation estimates in a study completed by the South Florida Water Management District (Boynton Beach did not file the appeal). The new map will become effective within the first half of 2017; however, as compared to the 1982 map, no major changes are expected for the City. Within the CM area, FEMA Special Flood Hazard Area covers approximately 320 acres, with about 50 acres of City parks and green spaces. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. The City's SFHA within the coastal area includes zones A5, A7 and V8. Page 643 of 675 Page 7 File Number CPTA 16-001 Coastal Management Element updates • King Tides During September and October 2015 king tide events (the highest tide events occurring as a factor of the alignment of and distance between the Earth, Sun and Moon), tide predictions along Florida southeast coast were exceeded by 8-12 inches. Several areas in the City were affected with short term water ponding due to drainage system backflow and seawall breaching. The City is addressing the higher -than -normal king tides by extra elevation in all new projects and installation of back flow prevention valves on outlets. Addressing the issues through rebuilding of the existing public roads to raise elevation is very expensive; no current funding source exists. Sea Level Rise The source of the sea level rise maps and the underlying assumptions is the National Oceanic and Atmospheric Administration's (NOAH) Office for Coastal Management and the October 2015 Unified Sea Level Rise Projection report, compiled by the Sea Level Rise Work Group of the Southeast Florida Regional Climate Change Compact (Compact). Compact considered three planning horizons: (1) short, by 2030; (2) medium, by 2060; and (3) long, by 2100. The Figure 1 below illustrates the projections: FIGURE 1 � Unified Sea Level Rise Projection... •',. (Southeast Florida Region aIClimate Change Compact 2015). TCC AR5 Year R�adrhars USACE High I'd -ILal fins°les ;✓` 2030 & 10 12 ty`, w " t 2060 14 26 34 2100 33 61 81 � Pr _ 1+t" — ijjli x� 10;R .,..i. r,,_. 1 I i;i Peat' Figure 1: Unified Sea Level Rise Projection. These projections are referenced to mean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application: the median of the IPCC AR5 RCP8.5 scenario as the lowest boundary (blue dashed curve), the USACE High curve as the upper boundary for the short term for use until 2060 (solid blue line), and the NOAA High curve as the uppermost boundary for medium and long term use (orange solid curve). The incorporated table lists the projection values at years 2030, 2060 and 2100. The USACE Intermediate or NOAA Intermediate Low curve is displayed on the figure for reference (green dashed curve). This scenario would require significant reductions in greenhouse gas emissions in order to be plausible and does not reflect current emissions trends.' For the sea level rise maps included in the Flood Hazard Map Series, a medium planning horizon is assumed; the two maps (for the northern and southern Coastal Management Area) show projected inundation at the 1 foot and 2 foot sea level rise. Page 644 of 675 Page 8 File Number CPTA 16-001 Coastal Management Element updates According to the report, medium and long term projections involve a significant range of variations due to uncertainty in future greenhouse gas emissions and their geophysical effects, the incomplete quantitative understanding of all geophysical processes affecting the rate of sea level rise in climate models and current limitations of climate models to predict the future. The NOAA's Office for Coastal Management allows for an online review of sea level through its Sea Level Rise Viewer. The Viewer's map also depicts levels of confidence. In this application, 80% is considered a high degree of confidence: some areas are correctly mapped as 'inundated' more than 8 out of 10 times while areas with a high degree of uncertainty represent locations that may be mapped correctly (either as inundated or dry) less than 8 out of 10 times. The Viewer's confidence map (not included in the attached map series) shows that the projected inundation impact of a 2 - foot sea level rise in the Boynton Beach coastal area is associated with a high degree of uncertainly. Top Flood Risk Area As stated earlier in this report, by 2018 the City shall initiate a study which would evaluate establishment of the Adaptation Action Area(s). Map # 6 included in the Flood Hazard Map Series shows a section of the CMA identified as a top flood risk area, extending south from NE 10th Avenue (Martin Luther King, Jr. Boulevard) to SE 2nd Avenue, with Federal Highway as its approximate western boundary. The subject section of the CMA: • Features as a high risk area in all flood hazard maps • Experienced significant flooding during October 2015 king tide event • Contains the evaluation route from the barrier island • Is targeted for high density redevelopment The area will be considered a priority for inclusion in the incoming Adaptation Action study. RECOMMENDATION The proposed text amendments to the Coastal Management Element and the accompanying map series would be transmitted in continuation of the Evaluation and Appraisal Review process for the City's Comprehensive Plan. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and Page 645 of 675 Page 9 File Number CPTA 16-001 Coastal Management Element updates 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 16-001 EAR\Report CPTA 16-001.docx Page 646 of 675 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies Goal 7 To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. Objective 7.1 The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development and redevelopment of waterfront residential -properties. Measurability: Number of special permits issued for waterfront residential development. Policy 7.1.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, & and Palm Beach County Health Department. Policy 7.1.2 The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. Objective 7.2 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental City of Boynton Beach 7-1 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 647 of 675 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Mtmber of measitres Actions initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.1 The City shall continue to implement the local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. Policy 7.2.3 The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the Intracoastal Waterway. Policy 7.2.4 The City, in cooperation with the South Florida Water Management District will continue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and regional stormwater pre-treatment standards. Policy 7.2.5 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. Policy 7.2.6 The City shall continue to support the consolidated efforts of the Lake Worth Lagoon Management Plan and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. Policy 7.2.7 The City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth Lagoon and the Intracoastal Waterway. City of Boynton Beach 7-2 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 648 of 675 PAN PFAISMAKFa ■. ��• • ,�1111 1111 Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man-made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. City of Boynton Beach 7-3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 649 of 675 1204E�� 7.8.4 The Qt�� shall adept the ElAn4t4an of the Ceastal High HaiEafd line as established by a Sea, " City of Boynton Beach 7-4 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 650 of 675 availabilit)�, the City Shall EOE)FElifiate with Palm BeaEh QWHty ]RIFFkafie shelteF SpaEe withifi a timely mamief. The City shall also fieeds of the T -CE A a.,rl the (- a m, -,t r i i afid the like fF Objective 7.404 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of habitat protected. Policy 7.404.1 The City shall continue to discourage site clear -cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7-5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 651 of 675 Policy 7.494.2 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. Policy 7.404.3 The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. Policy 7.404.4 The City shall continue to cooperate with the appropriate agencies on the installation of channel markers to protect sea grasses from prop dredging. Policy 7.404.5 The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock adjacent to the eastern terminus of Boynton Beach Boulevard. Policy 7.404.6 The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. Policy 7.404.7 The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. Policy 7.404.8 The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. Policy 7.404.9 The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. Policy 7.404.10 The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. Policy 7.404.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County's efforts to protect manatees and their habitats. City of Boynton Beach 7-6 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 652 of 675 Objective 7.5 The City shall continue to search for seek opportunities to increase the amount number of water -dependent and water - related uses and strive to ensure public access to beach and waterfron areas.shor-eline facilities by prioritizing shoreline uses vVith Priority given to -water dependent uses. Measurability: Increase in the number of water dependent and water related uses during the planning period. Policy 7.5.1 The City shall evaluate Land Development Regulations to ensure accommodation of and expand provisions for water -dependent and water -related uses to enhance its brand of a coastal communi1y and to increase business and recreational oaaortunities for both residents and visitors. Policy 7.5.2 The City shall ensure that redevelopment projects on waterfront properties provide waterfront access to theeng eral public while encouraging developers to include waterfront uses and amenities fostering pedestrian traffic. Policy 7.445.43 The City shall continue support, through resolutions, area -wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 653 of 675 1204EY 7.44.3 Stibseqtient to Plan - -- --- a------ -- adaptian7 the ---- Qt�4 shall adept and impleffiefft City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 653 of 675 Policy 7.445.44 The City and the Boynton Beach Community Redevelopment Agency shall continue to seekrp ovide funding forte maintenance and improvements, as needed; to pFeseFv for the City's two existing public waterfronts: Boynton Harbor Marina and the Beat Club Harvey E. Oyer Tr. Park. The Policy 7.445.75 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The Q Policy 7.445.86 The City shall only allow for location of marinas, boat ramps and other water -dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water -dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. Obiective 7.6 The Citv shall continue to assess the current and future risks to human life and property from floods and other natural hazards in the coastal areas and implement development and redevelopment strategies that reduce such risks. Measurability: Map updates, vulnerability assessments Policy 7.6.1 The City shall maintain and update as needed all maps-- including FEMA flood zones and repetitive claim maps, storm surge/Coastal High Hazard Area maps and sea level rise impact maps— identifying aps— identi. ing current and potential future areas subject to high flood hazard. City of Boynton Beach 7-8 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 654 of 675 Policy 7.6.2 The City shall continue to document and maintain maps of extreme high tides ("king tides'), more frequent severe rainfall events and newly revealed areas at risk of flooding to efficiently target mitigation efforts. Policy 7.6.3 The City shall continue to provide flood relief and cleaning operations to lessen the resident's hardship after a major rainstorm and document the Gigs after -the -storm efforts to evaluate and recommend implementation of minor improvements and projects to be included in the Capital Improvements Plan. Policy 7.6.4 The City shall continue to utilize the Future Land Use Map and the recommendations of the Community Redevelopment Area Consolidated Plan as the basis for development and redevelopment. The siting design and construction of structures shall be consistent with regulations contained in the the 51h Edition of the Florida Building Code and the City Flood Prevention Code as amended from time to time. Policy 7.6.5 The City shall manage its planning, regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA), which is defined as 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. Policy 7.6.6 The City shall not approve any increases in hotel/motel beds and residential densities in the Coastal High -Hazard Area that would increase evacuation times above the 16 hours level of service for out -of -county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 163.3148(9)(a), F. S.. Policy 7.6.7 By 2017, the City shall amend Land Development Regulations to prohibit hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High -Hazard Area and FEMA -defined Special Flood Hazard Area, and also encourage such existing facilities to relocate to safer locations within the Citv. Policy 7.6.8 Redevelopment of existing dwelling units located in the Coastal High -Hazard area is prohibited unless an engineering study supports that the redevelopment can occur in a safe manner when City of Boynton Beach 7-9 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 655 of 675 considering building construction, design, siting and future storm events. Policy 7.6.9 The City shall limit public expenditures in the Coastal High Hazard Area or flood -prone areas by restricting expansion/ improvement of the existing utilities except for improvements necessary to (1) correct current deficiencies; (2) serve planned redevelopment pursuant to the CRA Community Redevelopment Plan; or (3) improve environmental quality. 7.6.10 The City shall require that any construction activites seaward of the coastal construction control lines established pursuant to Chapter 161.058, F.S. be consistent with the statutory provisions. Policy 7.6.11 The city shall continue to revise building codes and land development regulations to enhance flood mitigation measures in vulnerable areas to reduce future risks associated with high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. In these areas, the Cie shall require vulnerability reduction measures for all new construction, redevelopment and infrastructure such as additional hardening higher floor elevations or incorporation of natural infrastructure for increased resilience. Policy 7.6.12 The City shall consider, whenever feasible, purchasing_ properties in areas most vulnerable to destructive storm surges for recreational uses and open space. Policy 7.6.13 Rise in sea level projected by the federal government (National Oceanic and Atmospheric Administration) shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the potentially affected areas. Objective 7.7 The City shall continue to apply the best planning and engineering practices in development to attenuate and mitigate future flood events and modify the Land Development Regulations and other relevant regulatory documents as needed. Measurability: Update of the Flood Prevention Code, number of new stormwater projects funded City of Boynton Beach 7-10 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 656 of 675 Policy 7.7.1 By the end of 2017, the City shall further update its 2010 floodplain ordinance (Flood Prevention Code) for consistency with the 51h edition of the Florida Building Code and also ensure that all future modifications of the flood -resistant construction requirements in the Flood Prevention Code continue to be consistent with, or more stringent than, requirements of the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Policy 7.7.2 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, installation of tidal backflow preventers, and seawall repair in addition to sustainable flood management actions such as installation of bioswales, recharge through drainage wells, use of pervious pavement, maintenance of natural preserves areas and protection of tidal beaches that will stand the test of time and be adaptable to future climate changes. Policy 7.7.3 The floodplain administrator /building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, (including grading, filling, utility installation and drainage modification), all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the citv Flood Prevention Code. Policy 7.7.4 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS) administered by the Federal Emergency Management Agency (FEMA) to reduce flood losses and achieve flood insurance premium discounts for their residents. Objective 7.68 The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi -family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. Measurability: Ongoing coordination with the Palm Beach County Division of Emergency Management. City of Boynton Beach 7-11 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 657 of 675 Policy 7.68.1 The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan - Policy 7.78.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. Policy 7.78.43 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach Count Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long-term, coupe wide, comprehensive shelter program coordinated with public, private, City of Boynton Beach 7-12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 658 of 675 non-profit organizations to ensure adequate shelter space is available for the long-term needs of the City and the County. Objective 7.9 The City shall continue the implementation of its Climate Action Plan, revised in December 2015, which will include a study aimed at exploring options for establishment of Adautation Action Area(s). Measurability: Adaptation Action Area Study funded and initiated be�� e� nd of 2018. AA areas established bii 2020. Policy 7.9.1 By the year 2018, the City shall intiate a study to evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. The study will identify portions of the City where the need to improve resilience is the highest and prioritize those areas for adaptation measures and funding of infrastructure improvements. The study shall consider the areas that: 1. Are below, at, or near the average water level; 2. Have a hydrological connection to coastal waters 3. Are designated as evacuation zones for storm surge 4. Are otherwise impacted by climate -related drainage/flood control. Policy 7.9.2 The City shall collaborate/ coordinate with its partners from the Southeast Florida Regional Climate Change Compact on adaptation activities and access to technical assistance and support. Policy 7.9.3 By the end of 2017, the City shall integrate its Climate Action Plan into elements of the Comprehensive Plan as appropriate. Policy 7.42.4 The Qt)� shall cefififiue to utilize the Cemmufiit)� RedevelepmeRt City of Boynton Beach 7-13 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 659 of 675 City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 660 of 675 FeplaEe �� /PO4EY7.42.4 The Qt�4 shall modify the band Pe*�elapment Regtilatians to1204EY 7.42.5 The Qt�4 Shall 414+ide in the Post Pisastef Rede*�elapfnent PlanPlanning 54+d�- ObjeEfive 7.13 By 2013, the in City shall the coastal high hazard area. at risk poptildfieffconcentrations City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 660 of 675 1204E�� 7.43.4 The Qt�� shall implement b�� 2043, the past Elisastie-F fede*�elapm City of Boynton Beach Comprehensive Plan Amendments 08-01 EAR - - Qiliis activities. 7-15 Date: August 19, 2008 Coastal Management Element Ordinance: 08-007 Page 661 of 675 FLOOD HAZARD MAP SERIES Page 662 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 1A: Storm Surge Categories Legend aim City Boundary 0 500 1,000 1,500 2,000 mEmmmmmmzzzzeet Page 663 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area South MAP 113: Storm Surge Categories Legend Storm Surge Zones aim City Boundary 0 620 1,240 1,860 2,480 Feet r N r a Page 664 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 2: Coastal Flood Hazard Areas Legend Coastal High Hazard Area (CHHA) -no-aim City Boundary 0 875 1,750 2,625 3,500 Feet Page 665 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 3: FEMA Special Flood Hazard Areas (SFHA) Legend SFHA FLOOD ZONES A5 A7 V8 --sul City Boundary Source: FEMA 1982 Note: New FEMA maps awaiting approval 0 875 1,750 2,625 3,500 Feet Page 666 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade 1970's (10) 1980's (9) 1990's (27) ❑ 2000's (25) 2010-2015 (14) El Special Flood Hazard Areas (SFHA) 1,000 2,000 3,000 4,000 Feet Page 667 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 5A: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 500 1,000 1,500 2,000 Feet E 26h Im Page 668 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 513: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 625 1,250 1,875 2,500 Feet I No SE is to In Page 669 of 675 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 6: Top Flood Risk Area Legend = SFHA (A5) FEMA Flood Zone SFHA (A7) FEMA Flood Zone Coastal High Hazard Area Projected Inundation Sea Level Rise at 1 foot mil City Boundary 0 400 800 1,200:00 wwmmmmrzzzeet Page 670 of 675 15. F. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Summary of legal expenses for month of August 2016, for informational purposes - September 20, 2016. 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: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 8/80/2016 - 7:42 AM Finance Howard, Tim Approved 8/80/2016 - 7:42 AM City Manager LaVerriere, Lori Approved 9/2/2016 - 8:21 AM Page 671 of 675 15.G. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Items from CRA Board meeting in connection with Ocean Breeze East Project - NuRock Developers: • Sale of CRA land for less than market value • Interlocal agreement with CRA for required Local Gov't Contribution September 20, 2016 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: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 8/80/2016 - 7:50 AM Howard, Tim Approved 8/80/2016 - 7:50 AM LaVerriere, Lori Approved 9/2/2016 - 8:24 AM Page 672 of 675 15. H. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD 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: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 9/1/2016 - 5:11 FSM Howard, Tim Approved 9/1/2016 - 5:11 FSM LaVerriere, Lori Approved 9/2/2016 - 8:24 AM Page 673 of 675 15.1. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Surprise Motors - Pioneer Auto Care (COUS 16-004 - Approval of request for Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Light Industrial) zoning district, located at 401 N. Railroad Avenue - 09-20-16 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: REVIEWERS: Department Reviewer Action Date City Clerk Foyle, Judith Approved 8/29/2016 - 4:51 FSM Assistant City Manager Howard, Tim Approved 8/80/2016 - 7:44 AM Finance Howard, Tim Approved 8/80/2016 - 7:44 AM City Manager LaVerriere, Lori Approved 9/2/2016 - 8:25 AM Page 674 of 675 15.J. FUTURE AGENDA ITEMS 9/8/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/8/2016 REQUESTED ACTION BY COMMISSION: Futures Automotive (COUS 16-005 - Approve request for Conditional Use for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC. - 09-20-16 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: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 8/80/2016 - 8:82 PM Finance Howard, Tim Approved 8/81/2016 - 8:18 AM City Manager LaVerriere, Lori Approved 9/2/2016 - 8:28 AM Page 675 of 675