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Agenda 06-21-16
The City of Boynton Beach City Commission Agenda Tuesday, June 21, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission - REVISED 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 504 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 504 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Romelus Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. The Mayor to present South Tech Academy C.O.R.E. Transition Program Student Intern, Nicholas Celino, with a Certificate of Recognition for his internship completion and a summary of the internship provided by ADA and Grants Coordinator, Debbie Majors. B. Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park. C. Proclaim June 20 - 26, 2016 as Amateur Radio Week, Barry Porter and Bob Vastola will be in attendance to accept the proclamation. D. Proclaim June 27th, 2016 as National HIV Testing Day and urge all residents to take the HIV test to know your status; "BE A HERO, STOP THE SPREAD". Brenda Lopez MSW of the Prevention Education & Treatment Program at the Caridad Center will be present to accept the Proclamation. E. Presentation by Quinn Hayes, Project Director of Healthier Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 1 Stu N/V Library Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 6. CONSENT AGENDA Page 3 of 504 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. R16-074 - Approve the update to the Engineering Division fee schedule for engineering and construction related activities in the City of Boynton Beach, changes to become effective immediately. B. PROPOSED RESOLUTION NO. R16-075 - Support of lowering energy costs for solar power and support for amendment 4 on the August 30, 2016 Primary Ballot. C. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. D. PROPOSED RESOLUTION NO. R16-077 - Approve an Agreement with RunBrook, LLC of West Palm Beach, FL for "Greenhouse Gas Emissions Inventory Consulting Services" in the amount of $44,985.00 as a result of the RFQ No. 010-2821-16/JMA, according to Florida State Statute 287.55 "Consultants'; Competitive Negotiation Act" (CCNA); and authorize the City Manager to sign the Agreement. E. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2016/17. The anticipated Community Development Block Grant allocation is $497,889. F. Award to Anzco, Inc. two (2) purchase requisitions totaling $28,100 plus a 10% contingency of $2,810 for a total cost of $30,910 for the repair of two picnic shelters and construction of supporting ADA accessible improvements at Oceanfront Park. Purchases over $25,000 require Commission approval in accordance with the City's procurement policy. G. Accept the written report to the Commission for purchases over $10,000 for the month of May 2016. H. Approve the minutes from the Regular City Commission meeting held on June 7, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-078 - Authorize the City Manager to sign a contract with Florida Design Drilling Corp. of West Palm Beach, FL for the Master Lift Station No. 309 Improvements project, Bid No. 033-2821-16/TP in the amount of $1,832,000 plus a 10% contingency of $183,200, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $2,015,200. B. Approve award for the "Annual Supply of Medical Supplies and Medications", Bid No. 044-2210- 16/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Midwest Medical Supply Co., LLC, as the lowest, most responsive, responsible bidders for a projected annual expenditure of $140,000. Items will be ordered on an "As Needed" basis. 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. 16-010 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell Page 4 of 504 used merchandise (CDRV 16-001). B. PROPOSED ORDINANCE NO. 16-011 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts (CDRV 16-002). C. Approve request for Major Site Plan Modification (MSPM 16-004) to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at the southwest corner of Ocean Avenue and SE 4th Street, in the CBD (Central Business District) zoning district. Applicant: Jim Williams, A&W Architects. D. PROPOSED ORDINANCE NO. 16-012 - FIRST READING - Approve Future Land Use Map (FLUM) amendment from Local Retail Commercial (LRC) to Mixed Use (MX); PROPOSED ORDINANCE NO. 16-013 - FIRST READING - Approve rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office. Agent: Bradley Miller, Miller Land Planning, Inc. E. Approve request for a Community Design Plan Appeal (CDPA-001) of Chapter 2, Article 111, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) F. Approve request for Height Exception (HTEX 16-001) to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items - (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) G. Approve request for New Site Plan (NWSP 16-002) for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion of Quantum Park Overlay District requested by Commissioner Katz B. Discuss the current City's position of requiring private canals to be maintained by the owners of the canals. Requested by Commissioner Romelus. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None Page 5 of 504 B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-014 - FIRST READING - Storage Tanks, Silos and Hoppers (CDRV 16-004) Approve amendments to the Land Development Regulations, Chapter 3, Article V. Supplemental Regulations, Section 3.T Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro -brewery industry. B. PROPOSED ORDINANCE NO. 16-015 - FIRST READING - Sustainable parking (heat island effect) and on -street parking (CDRV 16-003) Approve amendments to the Land Development Regulations, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off - Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. C. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney- client session of the City Commission to discuss the following lawsuit which has been served on the City of Boynton Beach: Fernando Bass, Plaintiff v. Jeffrey Katz, as Chief of Police of the Boynton Beach Police Department, in his official capacity, Detective Christopher Crawford, and Officer Alex Moreno, Defendants - in the United States District Court for the Southern District of Florida, Case No 9:15- CV-81734-Middlebrooks/Bran non 15. FUTURE AGENDA ITEMS A. Budget Workshops dates/times for FY 16/17 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 18, 2016 2:00 p.m. Tuesday July 19, 2016 10:00 a.m. Wednesday July 20, 2016 2:00 p.m. (if needed) B. Appointment of Voting Delegate and authorize Commissioner(s) to travel to Hollywood, FL for FLC Annual Conference, August 18-20, 2016. - July 5, 2016. C. Interlocal Agreement between City of Boynton Beach and Town of Briny Breezes for Fire Rescue Services - July 2016 D. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - July 2016 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, ORACTIVITY Page 6 of 504 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 7 of 504 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Romelus 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 6/21/2016 Page 8 of 504 City Clerk Pyle, with Approved 6/16/2016 - 11:13 ANA Page 9 of 504 2.A. OTHER 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 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 Reviewer Action Date Foyle, Judith Approved 6/14/2016- 11:06 AM Page 10 of 504 433 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: The Mayor to present South Tech Academy C.O.R.E. Transition Program Student Intern, Nicholas Celino, with a Certificate of Recognition for his internship completion and a summary of the internship provided by ADA and Grants Coordinator, Debbie Majors. EXPLANATION OF REQUEST: South Tech Academy offers a Career Opportunities and Related Education (C.O.R.E.) Transition Program which incorporates technical training in the student's chosen field on and off campus. The City of Boynton Beach ADA Coordinator and South Tech Academy Transition Coordinator created a Career Exploration Internship opportunity for Nicholas Celino in the field of technology. This certificate recognizes Nick's completion of the internship. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Partnerships between the City and organizations serving individuals with disabilities is important to educate staff, remove stigmas, and provide opportunities for individuals to try new things, and take steps towards greater independence. The Career Exploration Internship was created to give the student insight as to how technology is used throughout the City to provide services to the public. It included an orientation to City government and a visit to the Human Resources Department, followed by an overview of the Information Technology Services (ITS) Department which included meeting with each staff person, reviewing their job description, experiencing their work environment, job duties, and getting tips and hints on how to break into the field of technology from professionals. Nicholas visited with IT staff from the Police Department, Fire Department, and Library and took several "behind the scenes" tours of each department for a deeper look into the many uses of technology. Staff provided Nicholas with a very valuable career exploration opportunity. Using his skills learned at South Tech Academy, Nicholas has created a PowerPoint presentation on his Career Exploration Internship with the City. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 11 of 504 Is this a grant? No Grant Amount: ATTACHMENTS: Type Exhibit REVIEWERS: Department City Manager Finance City Manager Description .O.R.E. Transition Program Reviewer Action Date LaVerriere, Lori Approved 5/11/2016 - 1:45 PPA Alibran i, Julie Approved 5/11/2016 - 1:59 PPA LaVerriere, Lori Approved 5/12/201 - 11:07 AKA Page 12 of 504 I O 2 0 0 LU U) LU 6 75 c - LD (n (D (D 0 co 71, I (D E W 0 E cr) 0 -3 03: .9 a) M C a) E C Q5 04 cn 2 CCSCD CY) U) cu co C@.3 76 CV) C= -a CZ �E -0 G ) Z; co M 0 lz0 ,U — �2 w 0 4-D 0 0 C — — — C= CL (D L) co W Co m CD 0 co U) milpmool=— C" co 2 E in > w L)Z- (n U) a) Lu w a) Co Ln E co 7 0 M > _Z5 0 cz cn CU CU — C: < 0 LL I Z 0 0 o co CL -a 0 0 _j U - Z, 42 (D a.) cn E CU 0E U) -a o 6 cc cn o 0 U) 22 0 cc E-0 .2 < x.C) 2 L co co CD cu 0 C? - (D cn g a) 0 (D E W 0 E cr) 0 'IT 0 LO 4-- 0 (Y) (1) -3 03: .9 a) M C a) E 04 cn 2 CCSCD CY) U) cu co C@.3 76 C= -a CZ �E -0 G ) Z; co M 0 lz0 ,U — �2 w 0 4-D 0 0 C — — — C= CL (D L) co W Co m CD M 0 U) milpmool=— ca- E > w L)Z- (n U) a) Lu w a) Co M E co 7 0 M _Z5 0 cz cn CU CU — C: 0 C) CU CU -a 0 0 0 C) w cu co (D a.) cn E CU 0E U) -a o 6 o cn o 22 0 (D < x.C) 'IT 0 LO 4-- 0 (Y) (1) it E 0 It= cu E E rsa2 CL Ua I w ca co cu 0 Cc M -0 (D CO D') C-4 0 C) c — 0 I m m cn _0 _0cra ca co ua cU C 0 (D as E 0 co caG ca U- U) 0 E U.J E 2 , 0 E E m in CD 0 -0 cu 0 -0 0 0 - co 75 U) 0 < 0 < :3 U) a) CM 0 w ca co cu 0 Cc M -0 (D CO D') C-4 0 C) c — 0 I m m 0') 0 cn _0 _0cra ua a) E CU as M a) CM 0 o 0) CU O 0 cu 0 U O _0 =3 o 0 cf) c2 m C: >, a) CL E -5-Z5 15 ca C-- CL co 0 -0 0 CD en CD a) 0 cu CoE 0 > 0 4) o cn ca 2 0aym- 0 (D 0 > as DO D 03 0 0 C= E a) E 0 s' era o) 0 cn U) > E C=w cam `"a o') - Co w -0 En m o w 0 -0 =3 ca CL > 0 _0 M0) - _0 C=0 -0 mCL7 C= Cu —Cu (D cn 0 CD CD -a -L 0E al 0 Lu cn 0 0 0 cn CU -0 a) L w ca cz If V) ca as c= u) u) u) E -6 :D L E as M as 0 w �L cn cu 0 C: a) 0 0 c3>, 0 as a) (n cn ca 0 (D — 9 C'o M -= 0 b U , c>, -§ 0 cu a) 0 = > = E 0 0 <0 w cL E -0 U) CL -c-n C—Las a) >1 D- ,= 0 0 C: 0 73 en a) a) cn 0 Ca Ca - En -- a) a)(1) cn 0 5 > CU -.5 co C) a) —j CL in co 0') 0 _0 _0cra a) E CU as M a) CM 0 o 0) CU O 0 cu 0 U _0 =3 o 0 cf) c2 m C: >, a) as E -5-Z5 15 ca C-- CL co 0 -0 0 CD en CD a) 0 cu CoE 0 > 0 4) o O CU ca 2 0aym- 0 > 0 0- 0 o) 0 cn U) > CL - E M o 72i -0 0 U Cis E > 0 _0 M0) - E -0 mCL7 — Co cn 0 LU CD L) 0E Lu zr- CU 0 LU 0 L a cz If -a (n o) ca Ln :D L E ca 0 w 53 -r--> 9 b , c>, -§ C%scu --le M <0 0 cn U) ca C—Las 0 C= (D 0 E 0 cn as (n 0 eo n E Z3 (D E cn (n 1� E CCIO) as T C: as E 2 t55 CL 0) U) M 'IT 0 LO 4- 0 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park. EXPLANATION OF REQUEST: The City will be hosting it's annual July 4th fireworks event, this year titled "Fishing for Fireworks?". Family activities begin at 6pm, including entertainment by two great bands, Never Stop Believin' (Journey Tribute Band) and the New Horizon Band (R & B, Blues & Jazz). Fireworks will begin at 9pm, and will be followed by another set of music by Never Stop Believin'. Free shuttle services will be offered from 5:30 P.M. - 8:30 P.M., and again following the fireworks until 10:30 P.M. The shuttle pick up/drop off locations will be at the Hester Center (1901 N. Seacrest Blvd.), and City Hall. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This an annual event. FISCAL IMPACT. Budgeted Funds for the event are included in the City's General Fund Budget ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Reviewer Description Fishing for Fireworks? flyer Action Date Page 15 of 504 Recreation & Parks Assistant City Manager Finance City Manager Majors, Wally Approved Pyle, Judith Approved Howard, Tim Approved LaVerriere, Lori Approved VMADI�� 6/14/2016 - 8:26 ANA 9]62016-& ANA 9]5/20]6-± PKA Page 16 0 504 COBB-July 4th flyer 2016UD0331 b.qxp—COBB-Flyers-4th of July 4/1/16 9:42 AM — Elm 1 Ir iP 'MEN R DOW Is "1 TI:: Mal R111 vo 11111 1 F Ml I 4TH OF OULY Monday, July4th 6:00-10:30p.m. vx, Page 17 of 504 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Proclaim June 20 - 26, 2016 as Amateur Radio Week, Barry Porter and Bob Vastola will be in attendance to accept the proclamation. EXPLANATION OF REQUEST: Amateur Radio has continued to provide a bridge between peoples, societies and countries and have provided countless hours of community services both in emergencies and to other local organizations throughout the decades. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no affect on City Programs or Services. FISCAL IMPACT. There will be no fiscal impact. ALTERNATIVES: Do not recognize Amateur Radio Week STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Proclamation REVIEWERS: Description Proclamation Page 18 of 504 Department Reviewer Action City Clerk Fele, Judith Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 611412016 - 6:26 ANA 6/14/2016 - 6:50 ANA 611512016 - 6:47 PPA Page 19 of 504 PROCLAMATION WHEREAS, Amateur Radio operators are celebrating over a century of the miracle of the human voice broadcast over the airwaves; and WHEREAS, Amateur Radio has continued to provide a bridge between peoples, societies and countries by creating friendships and the sharing of ideas; and WHEREAS, Amateur Radio Operators have also provided countless hours of community services both in emergencies and to other local organizations throughout these decades; and WHEREAS, these Amateur Radio services are provided wholly uncompensated; and WHEREAS, the State also recognizes the services Amateur Radio's people also provide to our many Emergency Response organizations, including The American Red Cross, and the City of Boynton Beach Emergency Management; and WHEREAS, these same individuals have further demonstrated their value in public assistance by providing free radio communications for local parades, bike-a-thons, walk-a-thons, fairs and other charitable public events; and WHEREAS, The City of Boynton Beach recognizes and appreciates the diligence of these "hams" who also serve as weather spotters in the Skywarn program of the US Government Weather Bureau; and WHEREAS, the ARRL is the leading organization for Amateur Radio in the USA; and WHEREAS, the ARRL Amateur Radio Field Day exercise will take place on June 25, 2016 and is a 24 hour emergency preparedness exercise and demonstration of the Radio Amateurs' skills and readiness to provide self-supporting communications without further infrastructure being required; now NOW THEREFORE, I Steven B. Grant, Mayor of the City of Boynton Beach, do hereby officially recognize June 20-26, 2016 as AMATEUR RADIO WEEK and call this observance to the attention of all of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 21s' day of June, Two Thousand Sixteen. Steven B. Grant, Mayor ATTEST: Interim City Clerk (Corporate Seal) Page 20 of 504 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Proclaim June 27th, 2016 as National HIV Testing Day and urge all residents to take the HIV test to know your status; "BE A HERO, STOP THE SPREAD". Brenda Lopez MSW of the Prevention Education & Treatment Program at the Caridad Center will be present to accept the Proclamation. EXPLANATION OF REQUEST. This year marks the 22nd annual observance of National HIV Testing Day on June 27th, 2016. The Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council are working to provide free HIV testing. On June 24th from 8 am to 2 pm, at the Caridad Center, 8645 W. Boynton Beach Boulevard, HIV testing will be done and there will be raffles, music and gifts HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no affect on City Programs or Services. FISCAL IMPACT. Non -budgeted There will be no fiscal impact. ALTERNATIVES: Do not recognize National HIV Testing Day STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Proclamation Proclamation REVIEWERS: Page 21 of 504 Department Reviewer Action City Clerk Fele, Judith Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 6/10/2016 - 0:04 PPA 6/13/2016 - 8:05 ANA 6/15/2016 - 0:45 PPA Page 22 of 504 prot&MlLatum WHEREAS, world-wide 36.9 million people are currently living with HIV/AIDS and 34 million people have already died of AIDS, and each year more than 2 million new infections occur; and in the United States, over 1 million people are infected with HIV and every 11 minutes a new infection occurs resulting in an estimated 47,500 new annual infections; and WHEREAS, in Florida more than 113,000 individuals are living with HIV and approximately 4,500 new infections occur annually; and in Palm Beach County 1 in 166 residents are living with HIV and 1 in 8 HIV-infected individuals do not know that they're infected; and WHEREAS, an individual's behaviors, not race or ethnicity or sexual orientation, put him/her at risk of HIV infection; and new treatments are bringing hope and enhancing the quality of life for those who are affected; however, these considerable advances can only help individuals if they know their HIV status; and WHEREAS, this year marks the 22nd annual observance of National HIV Testing Day on June 27th, and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to provide HIV testing throughout Palm Beach County during the week surrounding National HIV Testing Day, June 23 - 29, 2016; and NOW, THEREFORE, I Steven B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim June 27, 2016 as "NATIONAL HIV TESTING DAY" and urge all residents of the City of Boynton Beach to take the HIV test to know your status and to take part in other activities and observances designed to increase awareness and understanding of HIV/AIDS. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 21St day of June, Two Thousand Sixteen. Steven B. Grant, Mayor ATTEST Judith A. Pyle, CMC Interim City Clerk Corporate Seal Page 23 of 504 3.E. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Presentation by Quinn Hayes, Project Director of Healthier Boynton Beach. EXPLANATION OF REQUEST: Boynton Beach was chosen as one of six municipalities to receive funding from the Palm Healthcare Foundation to improve health-related issues affecting city residents. New Project Director Quinn Hayes would like to introduce the Healthier Boynton Beach program, which is a part of Palm Healthcare Foundation's Healthier Together Initiative. Healthier Boynton Beach is a community -driven approach to gaining consensus on addressing complex health issues and problems around family caregiving. Healthier Boynton Beach is a 5- 7 year place -based funding approach designed to create viable solutions alongside and from within the community. By way of residents, community stakeholders, businesses, providers, a steering committee and project director; this project gives everyone an opportunity to be a part of the conversation, the decision- making process, and training. Palm Healthcare has committed $1 million dollars to this initiative to help build partnerships, build community ownership and capacity, and collaboration; which in turn will help to identify issue, needs, and gaps. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Initiative will provide caretakers in the community with education and support programs. 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: REVIEWERS: Page 24 of 504 Department Reviewer Action City Manager Howard, Tim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 6/14/2016 - 3:30 PPA 6/14/2016 - 3:56 PPA YMNYBDISINGEMM Page 25 of 504 5.A. ADMINISTRATIVE 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 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: Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 1 Stu N/V Library Board: 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 Other Appointments 06-21-17 Page 26 of 504 REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 611612016- 11:13 ANA Page 27 of 504 Building Board of Adjustment & Appeals II McCray Alt 1 yr term to 12116 Tabled (2) III Romelus Alt 1 yr term to 12/16 Tabled (2) Applicants None Education and Youth Advisory Board I Katz Stu NN 1 yr term to 12/16 Tabled (2) ... None Mayor Grant Reg 2 yr term to 12/18 Tabled (2) EMU= None Senior Advisory Board Mayor Grant Reg 2 yr term to 12/16 Tabled (2) III Romelus Alt 1 yr term to 12/16 Tabled (3) IV Casello Alt 1 yr term to 12/16 Tabled (3) ;.. gm - Page Page 28 of 504 CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-074 - Approve the update to the Engineering Division fee schedule for engineering and construction related activities in the City of Boynton Beach, changes to become effective immediately. EXPLANATION OF REQUEST: Staff is proposing to update the Engineering Division fee schedule; changing the format to standardize the fee schedule utilizing the same format used in the Development Department, consolidating right of way permit fees into one fee based on percentage of construction value, and creating three (3) new fees. The last update to the Engineering Division fee schedule was approved by City Commission through Resolution #10-006 on January 5th, 2010. The changes proposed by staff include: • Headings added to group fees for clarification purposes. • Consolidation of right of way permit fees into one permit fee based on a percentage of construction value. • Notes outlining fees by other departments and agencies were incorporated into the schedule and references to the code section establishing the fees were provided for clarity and transparency. • New fees being proposed to cover costs of existing business functions that are not currently on the Engineering Division fee schedule. • New fees are being proposed for cost recovery purposes. • Platting fees were modified to a per sheet basis on initial review and a per hour basis for resubmissions to provide cost recovery due to the outsourcing of plat review. Finally, the proposed changes will be more intuitive and user-friendly for developers, property owners, and design professionals when planning to make site improvements, right of way improvements, and platting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed Engineering Division fee schedule changes will provide a greater range of services requested by contractors and other development professionals and will be more intuitive and user-friendly. FISCAL IMPACT: Greater cost recovery for actual services provided. Staff estimates the implementation of these proposed changes will result in increased revenue of approximately $15,600.00 per year which will be allocated to the services for which they are collected. ALTERNATIVES: Do not change the Engineering Division fee schedule and continue to collect plan review and construction permit fees at the current rates. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 29 of 504 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Public Works -Engineering Finance Legal City Manager Description Resolution Strike Through and Underlined Engineering Division Fee Schedule Explanation of Changes Projected Revenue Engineering Division Fee Schedule Clean Version Reviewer Action Date Livergood, Jeffrey Approved 6/13/2016 - 7:53 AKA Howard, Tim Approved 6/13/2016 - 9:19 AKA Cherof, Jim Approved 6/15/2016 - 11:07 AKA LaVerriere, Lori Approved 6/15/2016 - 2:49 PPA Page 30 of 504 1 RESOLUTION NO. R16- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA ADOPTING A REVISED SCHEDULE OF 6 ENGINEERING DIVISION FEES AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the City Administration has studied and recommends amendment to the 10 schedule of fees charged in conjunction with engineering services performed by City staff; and 11 WHEREAS, the City Commission finds the fees as established herein to be necessary to 12 fully fund for efficient administrative functions of City staff. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 15 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 16 confirmed as being true and correct and or hereby incorporated herein. 17 SECTION 2. The City Commission adopts and directs the implementation of 18 the fee schedule attached as Exhibit "A". 19 SECTION 3. This Resolution and the adjusted fees described herein shall 20 become effective immediately upon its passage and adoption. 21 [00135700.1 306-90018211 Page 1 of 2 Page 31 of 504 22 PASSED AND ADOPTED this day of , 2016. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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) {00135700.1 306-90018211 Page 2 of 2 VOTE YES NO Page 32 of 504 CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION s. 100 East Boynton Beach Boulevard • Boynton Beach, FL 33435 • (561)742-6980 • Fax (561)742-6357 www.boynton-beach.org EvaUBIT- "A" Dfiveways Bittiminac s Dr -iv n rr -aaeh (Bl iek ) Q 7c nn Q 0.00 Pa -ver- Br-ien-t^p„p-asaaeh (in^el. inlaid eaner-@te bleek Right of Way Geast etio,, Q. &r^.,..afie,, i inn meq s^ .ft enc nn Qi nn nn �� 0 • •• i cn meq s^ .ft $4 5.00 $inn �c . 50 100 sq.ft. $60.00 $iso 0 est east, ENGINEERING DIVISION FEES Page 1 of 5 Page 33 of 504 G— Land Development Permit (LDP) .............................................. 2.3% of cost of improvements m' . GaastpdEtiea Plan Review Fee (***)..................................................................................................... $500.00 0 Waivers: 1. Sidewalk........................................................................................................................................ $7.00/sq.ft. 2. Administrative.................................................................................................................................... $200.00 To be er-edited to LDP Fee (with seatiatious phases of Land DevelopmentPer-m4pr-eeess), S6140&40 "B" Page1E4� ENGINEERING DIVISION FEES Page 2 of 5 Page 34 of 504 . . To be er-edited to LDP Fee (with seatiatious phases of Land DevelopmentPer-m4pr-eeess), S6140&40 "B" Page1E4� ENGINEERING DIVISION FEES Page 2 of 5 Page 34 of 504 ENGINEERING DIVISION FEES Page 3of5 Eq 11 MM � Mill ENGINEERING DIVISION FEES Page 3of5 Eq 11 MM � ENGINEERING DIVISION FEES Page 3of5 ENGINEERING DIVISION FEES (Resolution #16-0_, Adopted 06/21/16) I. PRIMARY FEES: A) Land Develoament Plan Review Fee: The plan review fee will be credited aaainst the actual cost of the land development permit at the time of permit issuance. If a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non-refundable). (1) Minimum fee.............................................................................................$75.00, or (2) Plan Review Fee Rate.............................................................On Construction Value: 1.00%............................................................................................$0 - $100,000, plus 0.30%.............................................................................................$100,001 - $500,000, plus 0.10%.............................................................................................................. over $500,001 (B) Land Development Permit Fee: (1) Minimum fee.............................................................................................$75.00, or (2) 2.3% of the construction value, whichever is greater.............................................2.3% (i) Surety in the amount of 110% of the Engineer's opinion of probable cost will be required per Part III, Chapter 2, Article III, Section 2.C.2.c and Section 6.13. (C) Platting Fee: (1) Preliminary Plat Fee...............................................................................$1,000.00 (i) The preliminary plat review fee will be credited against the City review fee if final plat process is commenced within ninety (90) days of preliminary plat process. Citv Review Fee..................................................................................... $2.000.00 (3) Surveyor Fees (i) Plat Dedication Sheet Initial Review ............................................$300.00 per Sheet (ii) Plat Map Sheet Initial Review ....................................................$500.00 per Sheet (iii) Resubmission Each Review .......................................................$150.00 per Hour (iv) Verify P.R.M. in Field...........................................................................$300.00 (4) Request for Plat Waiver..............................................................................$200.00 (5) Plat Recording Fee............................................................ (per P.B.C. fee schedule) II. RIGHT OF WAY FEES: (A) Right of Way Permit Fee: (1) Minimum fee.............................................................................................$75.00, or (2) 2.3% of the construction value, whichever is greater.............................................2.3% (i) Construction value shall include but not limited to all restoration costs plus related landscaping, irrigation, paving, grading, and drainage improvements. (ii) Liability insurance will be required per Part III, Chapter 2, Article III, Section 4.13.4. (iii) Surety in the amount of 110% of the Engineer's opinion of probable cost will be required per Part III, Chapter 2, Article III, Section 4.13.5; if deemed necessary by City Engineer. III. ADMINISTRATIVE FEES: Engineering Division Waiver: (1) Sidewalk.....................................................................................................$7.00/SF (2) Administrative.............................................................................................$200.00 (B) Land Development Permit and Right of Way Permit Extension Fee: (Requests must be made within thirty (30) days prior to expiration) (1) Minimum fee.............................................................................................$75.00, or (2) 25% of permit fee as calculated at time of reinstatement, whichever is greater .......... 25.0% (C) Professional Services: ($75.00/hour or portion thereof) ..................................... $75.00 per Hour (i.e. Permit research, due diligence reports, community acknowledgement forms, etc.) ENGINEERING DIVISION FEES Page 4 of 5 Page 36 of 504 (D) Replacement Document Fee: Permitcard................................................................................................$30.00 Permitted plans ($30.00 plus printing costs).............................$30.00 plus printing costs IV. INSPECTION FEES: Inspection fees associated with Land Development Permits and Right of Way Permits are included in the base permit fee as noted in Section I & II above. Advisory, Special Inspection, or Inspections During Off -Duty Hours: ............. $75.00 per Hour (Minimum of two (2) hours) (BASED ON AVAILABILITY) V. OTHER DEPARTMENTAL & AGENCY FEES: Planning & Zoning Division Fees: (In addition to primary permit fees) (1) See Part III, Land Development Regulations, Chapter 2. Article 11, Section 1. (F) City Parks and Recreation Facilities Impact Fee: (In addition to primary permit fees) (1) See Part 111, Land Development Regulations, Chapter 11. Article VI. Section 2. Water and Sewer Capital Facilities Charges: (In addition to primary permit fees) (1) See Code of Ordinances. Part 11. Chapter 26. Article 11. Division 2. Section 26-34 VI. NOTES: All required improvements shall be completed within one (1) year of the date of issuance of the Land Development Permit. Right-of-way permits shall be valid for a period not to exceed six (6) months from the date of issuance. All fees are non-refundable. Fee estimates upon request. Q Annexations are administrated by the Planning and Zoning Division. See Planning and Zoning Division fee schedule for application fees. Abandonments (easements and right of ways) are administrated by the Planning and Zoning Division. See Plannina and Zonina Division fee schedule for application fees. S:\Engineering\Mack\Agenda Items\Fee Schedule Update\Fee_Schedule_Engineering—Division_060716.docx (Previous R10-006 and current format Engineering Division fee schedule change history by Resolution — R16 -00X) ENGINEERING DIVISION FEES Page 5 of 5 Page 37 of 504 Explanation of Engineering Division Fee Schedule Changes GREEN - Changes include the following: - Format changed to align with formats used by the Development Department. - Relocation and grouping of fees under like categories. - Relocation of waiver to new sections to provide clarity. - Elimination of notes incorporated into new section with appropriate fee categories. - Permit extension fee located in land development regulations, but not on engineering fee schedule. Permit extension fee now placed fee schedule for clarity and transparency. - Annexation and abandonment fee references eliminated as these tasks are on the P&Z fee schedule. Reference to these fees added in notes section. - Variance fee references eliminated as these tasks are on the P&Z fee schedule. - Notes outlining fees by other departments and agencies were incorporated into the schedule and references to the code section establishing the fees were provided for clarity and transparency. - Changes include the following: - Conversion of right of way fees from task oriented fee to a percentage of construction value. The proposed change will be more intuitive and user-friendly. - Conversion of plan review fee from flat rate fee to a fee based on construction value with a minimum fee. The proposed change will be more suitable for cost recovery purposes. - Platting fees changes from a flat rate fee to a per sheet fee on initial submittal and hourly rate for resubmissions. These fees changed do to the outsourcing of plat review. YELLOW - Changes include the following: - New fees being proposed to cover costs of existing business functions that are not currently on the Engineering Division fee schedule. New fees are being proposed for cost recovery purposes. Page 38 of 504 O LO O m N (6 v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C v L' to O O to N N lD > N V1 L!1 N L!1 � N U v 0 d to ) ) O ) O ) ) O ) ) ) ) o cij O N 4% (a w (a O O O O O 7 O m m_ 7 m O O in Y O C -0 O c bA c Q > 4JN o •� a] N O O W C' N m u u Q Ocz; c Q N i i i OOLn Y utaJ 0 d N Ln i/) Q V v d c Uo E U j) j) j) i/) ^ l/} j)o O a Y 4J O v LL 0 O u1 ++ C v i i 7 U c o N 0 N 0 N a o o o ^ o ^ o ^ o o E � Q � Q C Q ar '^ YW Y W Y W cWa c o �+ D c 'v c ' D'ar c C u O O + O O-, O-, cij U O O N U N C i U N C i U N C oO Ocij w w w 0 aJ Q O aJ in N aJ in N aJcij in N aJ N N cij N N cij Q o v Y w o c 3 � c 3 •D � c 3 •D O aai w v o D v ar D Z ar z on ai c on ai c on ai c 0 ajar ar W — — D — — D — — D aj (O N w �p O X aJ X aJ X aJ (Q Y aJ O U U V O U V O U V O Q ,n arv v v v i Y 0] w w N w N w N w W w v N o c o c o c \ O o E o O O aj > '> u O > '> u O > '> N aJ OO u p u p O u p Q •u '^ v w a] O O W O bA O bA T O NN F O O O O . w N v 3 w O v'^i N N 0 N v o c N N 0 N v o c N N 0 N v o c o o- o o -o c- O- w Q w Q w bA 7 ` O Q 41 T N T N T bl aJ � U Y N Y NaJ -.5 o c O m 0 ar c o w c o w c o C O O c O w N O N O N O N .� 7 .� 2' W 3 N O T w e .n N O T in N O T w e in v v a c T Y O ,v O O E a c D 3° 3 v 3 v v> t z z z Uo ° a u° u° u° C3 F� o x� v zw�z v oAa F" a°J,cij 3 00� va, > '> C3 3 w W cij '>aj 3 cij C3 a) U a� v U i aJIn W — ml W i d a E Y w c O_ i" L. o N c .GG- > to cL •GJ ?j cij aJ N W U -6 CC d Y N •C_ .o U +0+ O aJ w in aJ Y Y -=3'E bA 4cu O — E "O W E J Q 01 d d =1>1 N d N d N d O LO O m N (6 CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION s. 100 East Boynton Beach Boulevard • Boynton Beach, FL 33435 • (561)742-6980 • Fax (561)742-6357 www.boynton-beach.org ENGINEERING DIVISION FEES (Resolution #16-0_, Adopted 06/21/16) I. PRIMARY FEES: (A) Land Development Plan Review Fee: The plan review fee will be credited against the actual cost of the land development permit at the time of permit issuance. If a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non-refundable). (1) Minimum fee.............................................................................................$75.00, or (2) Plan Review Fee Rate.............................................................On Construction Value: 1.00%............................................................................................$0 - $100,000, plus 0.30%.............................................................................................$100,001 - $500,000, plus 0.10%.............................................................................................................. over $500,001 (B) Land Development Permit Fee: (1) Minimum fee.............................................................................................$75.00, or (2) 2.3% of the construction value, whichever is greater.............................................2.3% (i) Surety in the amount of 110% of the Engineer's opinion of probable cost will be required per Part III, Chapter 2, Article III, Section 2.C.2.c and Section 6.13. (C) Platting Fee: (1) Preliminary Plat Fee...............................................................................$1,000.00 (i) The preliminary plat review fee will be credited against the City review fee if final plat process is commenced within ninety (90) days of preliminary plat process. (2) City Review Fee..................................................................................... $2,000.00 (3) Surveyor Fees (i) Plat Dedication Sheet Initial Review ............................................$300.00 per Sheet (ii) Plat Map Sheet Initial Review ....................................................$500.00 per Sheet (iii) Resubmission Each Review .......................................................$150.00 per Hour (iv) Verify P.R.M. in Field...........................................................................$300.00 (4) Request for Plat Waiver..............................................................................$200.00 (5) Plat Recording Fee............................................................ (per P.B.C. fee schedule) II. RIGHT OF WAY FEES: (A) Right of Way Permit Fee: (1) Minimum fee.............................................................................................$75.00, or (2) 2.3% of the construction value, whichever is greater.............................................2.3% (i) Construction value shall include but not limited to all restoration costs plus related landscaping, irrigation, paving, grading, and drainage improvements. (ii) Liability insurance will be required per Part III, Chapter 2, Article III, Section 4.13.4. (iii) Surety in the amount of 110% of the Engineer's opinion of probable cost will be required per Part III, Chapter 2, Article III, Section 4.13.5; if deemed necessary by City Engineer. III. ADMINISTRATIVE FEES: (A) Engineering Division Waiver: (1) Sidewalk.....................................................................................................$7.00/SF (2) Administrative.............................................................................................$200.00 (B) Land Development Permit and Right of Way Permit Extension Fee: (Requests must be made within thirty (30) days prior to expiration) (1) Minimum fee.............................................................................................$75.00, or (2) 25% of permit fee as calculated at time of reinstatement, whichever is greater ..........25.0% ENGINEERING DIVISION FEES Page 1 of 2 Page 40 of 504 (C) Professional Services: ($75.00/hour or portion thereof) ..................................... $75.00 per Hour (i.e. Permit research, due diligence reports, community acknowledgement forms, etc.) (D) Replacement Document Fee: (1) Permit card................................................................................................$30.00 (2) Permitted plans ($30.00 plus printing costs).............................$30.00 plus printing costs IV. INSPECTION FEES: (A) Inspection fees associated with Land Development Permits and Right of Way Permits are included in the base permit fee as noted in Section I & II above. (B) Advisory, Special Inspection, or Inspections During Off -Duty Hours: ............. $75.00 per Hour (Minimum of two (2) hours) (BASED ON AVAILABILITY) V. OTHER DEPARTMENTAL & AGENCY FEES: (A) Planning & Zoning Division Fees: (In addition to primary permit fees) (1) See Part III, Land Development Regulations, Chapter 2. Article 11, Section 1. (F) (B) City Parks and Recreation Facilities Impact Fee: (In addition to primary permit fees) (1) See Part 111, Land Development Regulations, Chapter 11. Article VI. Section 2. (C) Water and Sewer Capital Facilities Charges: (In addition to primary permit fees) (1) See Code of Ordinances, Part 11, Chapter 26, Article 11, Division 2, Section 26-34 VI. NOTES: (A) (B) (C) (D) (E) (F) All required improvements shall be completed within one (1) year of the date of issuance of the Land Development Permit. Right-of-way permits shall be valid for a period not to exceed six (6) months from the date of issuance. All fees are non-refundable. Fee estimates upon request. Annexations are administrated by the Planning and Zoning Division. See Division fee schedule for application fees. Abandonments (easements and right of ways) are administrated by the Division. See Planning and Zoning Division fee schedule for application fees. S:\Engineering\Mack\Agenda Items\Fee Schedule Update\Fee_Schedule_Engineering—Division_060716.docx (Previous R10-006 and current format Engineering Division fee schedule change history by Resolution — R16 -00X) Planning and Zoning Planning and Zoning ENGINEERING DIVISION FEES Page 2 of 2 Page 41 of 504 6.B. CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-075 -Support of lowering energy costs for solar power and support for amendment 4 on the August 30, 2016 Primary Ballot. EXPLANATION OF REQUEST: The City Commission has been asked to consider passing a resolution in support of Amendment 4 that will be on the August 30, 2016 primary ballot. Florida Solar Voter is a project of the Southern Alliance for Clean Energy who is supporting Amendment 4 on the August 30, 2016 primary ballot. Information has been provided as to their position on Amendment 4 which would amend Florida's Constitution to exempt the value of solar panels and other renewable energy equipment from both the tangible personal property tax and the real property tax for a period of 20 years. In order to become law, Amendment 4 must be approved by a YES vote of at least 60 percent on the August 30, 2016 primary ballot. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. Non -budgeted None. ALTERNATIVES: Do not pass the Resolution of support. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 42 of 504 ATTACHMENTS: Type D Resolution D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Support Amend 4 - Reso Information on Amendment 4 Reviewer Action Howard, Tim Approved Howard, Tim Approved Cherof, Jim Approved LaVerriere, Lori Approved Date 6/14/2016 - 8:20 AKA 6/14/2016 - 8:21 AKA 6/15/2016 - 11:55 AKA 6/16/2016 - 1:23 IIIA Page 43 of 504 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 32 33 34 35 36 37 38 39 40 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA IN SUPPORT OF LOWERING ENERGY COSTS FOR SOLAR POWER AND SUPPORT FOR AMENDMENT 4 ON THE AUGUST THIRTIETH PRIMARY BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, unlike conventional power generation, solar power generates electricity with zero air emissions and no water use, thereby moving the county, state and country to a cleaner and more sustainable energy future; and WHEREAS, Florida has the greatest potential for rooftop solar power of any state in the eastern United States. Yet, with 9 million electric utility customer accounts, Florida has only 8,500 customer -sited solar systems.I Less sunny states like New Jersey which has over 40,000 customer -sited solar systems but only half the population of Florida; and WHEREAS, the Florida tangible personal property tax is a tax on non -real estate property and has the effect of increasing the cost of solar power on many solar systems by 2 to 5 cents per kilowatt hour (kWh). Lowering the cost of solar power improves the economic benefit of solar power and can lead to significantly more solar development; and WHEREAS, Amendment #4 will appear on the August 30, 2016 primary ballot and exempts renewable energy source devices, including solar systems from the tangible personal property tax for a 20 year period, and additionally excludes the value of a renewable energy source device, including solar systems from being considered in the assessed value of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 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 of Boynton Beach, Florida supports lowering solar energy costs and additionally supports Amendment #4 on the August primary ballot. ' Florida Public Service Commission, Reporting Requirements for Interconnection and Net Metering Customer - owned Renewable Generation, at: hn ://www.p sc. state. fl. us/ut'ilit'ies/electric gas/customerrenewable/2013/2013 %2ONet%2OMetering%20 Summary% 20 Spreadsheet/2013 %2ONet%2OMeterin g%20 Chart. pdf 1 Page 44 of 504 I Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this day of , 2016. 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 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 2 VOTE YES NO Page 45 of 504 FLORIDA S i"I.AR VOTER Become a Florida Solar Voter TODAY: How do we make solar energy a priority in the Sunshine State? It starts by boosting voter turnout in this year's August and November elections among all Floridians who want to build a clean energy, sustainable energy future. The August primary is right around the corner. Amendment 4, which will be on the ballot, proposes to remove taxes on solar power. What is Amendment 4? Amendment 4 would amend Florida's Constitution to exempt the value of solar panels and other renewable energy equipment from both the tangible personal property tax and the real property tax. To become law, Amendment 4 must be approved by a YES vote of at least 60 percent on the Aug. 30 primary ballot. The proposed Amendment 4 would exempt solar systems from the tangible personal property tax — the most burdensome of the taxes — for a period of 20 years. Amendment 4 would lower solar energy costs by lowering taxes on solar installations — because the tangible personal property tax is passed on to customers in the form of increased solar power prices of up to 5 cents per kilowatt hour (kWh). Better solar economics can mean more solar development, which lays the groundwork for cleaner air and a more sustainable future for the next generation. Title and text of Amendment 4 as it w 11 r on the ballot: Title . text . ..... qp--R�4-- ---f- —, SOLAR DEVICES OR RENEWABLE ENERGY SOURCE DEVICES: EXEMPTION FROM CERTAIN TAXATION AND ASSESSMENT. Proposing an amendment to the State Constitution to authorize the Legislature, by general law, to exempt from ad valorem taxation the assessed value of solar or renewable energy source devices subject to tangible personal property tax, and to authorize the Legislature, by general law, to prohibit consideration of such devices in assessing the value of real property for ad valorem taxation purposes. This amendment takes effect January 1, 2018, and expires On December 31, 2037. Voting is easy in Florida — you have many different options to make sure you cast your vote in August: 1. Ditch the polls and sign up to vote by mail at floridasolarvoter.com! You will receive your ballot between July 26 -August 2 and will have the entire month to mail it in. 2. Or, consider voting early August 20 27. 3. Enjoy voting on Election Day? Head to the polls August 30! Use this quick tool to mark your calendar: http://bit.lv/vote-aug-30 Check your voter status and polling location at http-//registration.elections.myflorida.com/CheckVoterStatus. Florida Solar Voter is a project of the Southern Alliance for Clean Enetgy dedicated to providing all Florida voters, including those who care about a clean energy future, an easy way to sign up to vote by mail. Contact flsolarvoter@cleanenergy.org Page 46 of 504 Amendment 4 will amend Florida's Constitution to exempt the value of solar panels and other renewable energy equipment from both the tangible personal property tax and the real property tax. To become law, Amendment 4 must be approved by a YES vote of at least 60 percent on the Aug. 30 primary ballot. Why ®a Tax Reductions on Solar Equipment Several barriers are holding back the solar market in Florida, including the burdensome tangible personal property tax and the real property tax on solar equipment. Amendment 4 will remove those two barriers, lowering bills and energy costs, reducing pollution, and allowing more Florida homes and businesses access to affordable solar power. One out of every 83 new jobs created in the US in 2015 was in the solar industry, according to the Solar Foundation 2015 Job Census, In addition to helping customers lock in energy cost savings, and reducing pollution for a more sustainable energy future, Amendment 4 will encourage solar companies to move into Florida, creating new jobs that support the local economy. The solar industry is creating jobs 20 times Taster than the overall economy. The vast majority of those jobs are living -wage opportunities that cannot be outsourced, keeping energy dollars right here at home. It's a win-win for the whole state. Florida has the most solar energy potential east of the Mississippi, yet isn5t a leader on solar power. Vote YES on Amendment 4 to lower bills and allow solar enerM+ y to flourish in Florida. The full text of the Amendment 4 as it will read on the ballot: Solar Devices or Renewable Energy Source Devices; Exemption from Certain Taxation and Assessment — Proposing an amendment to the State Constitution to authorize the Legislature, by general law, to exempt from ad valorem taxation the assessed value of solar or renewable energy source devices subject to tangible personal property tax, and to authorize the legislature, by general law, to prohibit consideration of such devices in assessing the value of real property for ad valorem taxation purposes. This amendment takes effect January 1, 2018, and expires on December 31, 2037. Learn more and get involved at www _.yqs1o..n.4_1.._p.,rg. Amendment 4 is a grassroots supported, bi-partisan proposal, not to be confused with the utility -backed proposal on the November ballot. This is paid for by Floridians 4 Lower Energy Costs, a non-profit 501 (c)(4) organization. Page 47 of 504 �:` 1�+°� °�Yf�dc ens^i� ✓1 m i`. � Get 3aiik 4 i ,'�" �i ^ rt ,� to Vote ` it iAugust What will it *! Amendment would allow foirproperty tM exemption`iile who install solar panels on i or business,s of e solar"'ls would be exemptproperty taxes when assessing the value of thehome or business, lowering the cost of i and energy, Why vote for Lower taxes on •lar = lower bills,•. d. increased access to mored:.solar,• Amendment 4 Empowers Floridians To Be Energy Indepencle Floridians WANT to go solar but ^! with barrie solarthat can make clean ! of i the taxes on so:lar, Amendment 4 makes solar energy mo affordable i' businesses and homeowners in Florida. Amendment 4 Paves the Way= Solar and safe energy,i emissions and zero wat moi" By i i the cost! s- more people will have acce to this clean energy source, helping ensure a bright and sun future for i i! + Amendment 4 Reduces Power While every solar system is different, most solar customers, both business ! residential,cani i i term savingsi power bill by hundredsgoing solar. Once Amendment 4 passes, a residential solar lease can ve .. power !i i ! .. ! . � homeowneri by locking in a lower! to rise. One of !.. utilities in Florida just proposed a 24% rate increase over the next four years; . i.ai i helps i Floridians from rhikes ate provides financial! and Amendment LocalJobs One out of jobs s "" industry, Voting YES on Amendment will allowi i grow localin the Sunshine State, creating ii cannot be outsourced. Learn more and get involved at wwwoyeson4.oIrg. Amendment is a grassroots supported, bi-partisan proposal, not to be confused with the utility -backed proposal on the November ballot, This is paid for by Floridians 4 Lower Energy Costs, a non-profit 501 (c)(4) organization. Page 48 of 504 6.C. CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. EXPLANATION OF REQUEST: The City Commission has been asked to consider passing a Resolution in support of the Atlanta Braves returning to Palm Beach County for their spring training. The Atlanta Braves trained in PBC from 1963 to 1997 when they moved to Orlando, and now, with their current spring training stadium lease expiring at the end of 2017, they are looking to return to PBC to establish a new spring training stadium. All the criteria that were required for a site are met at John Prince Park. According to Palm Beach County, reports show that baseball spring training is a proven economic driver and creates jobs. The proposed stadium as an estimated yearly $95 million return on investment and is predicted to create nearly 1,300 total jobs. Following the construction phase of the stadium, the ballpark is expected to maintain an estimated 1,100 of those jobs. It is believed that this type of project aids economic development and enhances our local communities HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. None ALTERNATIVES: Do not pass the Resolution of support. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 49 of 504 ATTACHMENTS: Type Description Addendum Reso supporting Braves relocation REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 611412016 - 10:26 AM Finance Howard, Tim Approved 611412016 - 10:26 AM Legal Cherof, Jim Approved 611512016 - 11:52 AM City Manager LaVerriere, Lori Approved 611612016 - 1:26 PPA Page 50 of 504 1 RESOLUTION NO. R16- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA SUPPORTING THE LOCATION OF THE ATLANTA 6 BRAVES SPRING TRAINING BASEBALL FACILITY IN SOUTH 7 CENTRAL PALM BEACH COUNTY AND PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Palm Beach County Board of County Commissioners is 11 considering an effort to work with the Atlanta Braves ("Braves") to return to Palm Beach 12 County; and, 13 WHEREAS, the Braves were located in West Palm Beach for 34 years building a 14 strong local following of fans and supporters; and, 15 WHEREAS, the Braves are one of the oldest baseball franchises winning 3 16 World Series and was the team of local resident Hank Aaron #44 who broke Babe 17 Ruth's career home run record in 1974; and, 18 WHEREAS, a Braves Spring Training site in South Central Palm Beach County 19 would provide an opportunity for residents, families and children, and visitors alike to 20 attend professional baseball games; and, 21 WHEREAS a Braves Spring Training site in John Prince Park would provide a 22 tremendous economic impact and provide additional tourist bed tax revenue; and, 23 WHEREAS a Spring Training facility would provide an important venue for 24 other sporting and cultural activities to the City of Lake Worth and surrounding 25 communities. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: [00135729.1 306-90018211 Page 1 of 2 Page 51 of 504 29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 30 being true and correct and or hereby incorporated herein. 31 Section 2. The City Commission of the City of Boynton Beach strongly 32 encourages and supports Palm Beach County in its effort to Bring Home the Braves to a 33 SPRING TRAINING FACILITY IN JOHN PRINCE PARK. 34 Section 3: The City Commission directs that a copy of this Resolution shall 35 be provided to Palm Beach County and the Atlanta Braves and all other parties as 36 deemed appropriate by the City Manager. 37 Section 4: This Resolution shall be effective immediately upon its passage. 38 PASSED AND ADOPTED this day of , 2016. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 Interim City Clerk 61 62 (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 VOTE YES NO {00135729.1 306-90018211 Page 2 of 2 Page 52 of 504 6.D. CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-077 - Approve an Agreement with RunBrook, LLC of West Palm Beach, FL for "Greenhouse Gas Emissions Inventory Consulting Services" in the amount of $44,985.00 as a result of the RFQ No. 010-2821-16/JMA, according to Florida State Statute 287.55 "Consultants'; Competitive Negotiation Act" (CCNA); and authorize the City Manager to sign the Agreement. EXPLANATION OF REQUEST: TERM OF AGREEMENT. JUNE 21, 2016 TO JUNE 20, 2017 On April 19, 2016 City Commission authorized staff to conduct negotiations based on the approval of the selection of the top ranked qualifier, RunBrook LLC, determined by the Evaluation Committee from oral presentations from the two responding Consultants. Staff has successfully completed negotiations with RunBrook, LLC establishing a price rate schedule that is the basis for the Task Order Matrix submitted by RunBrook for Task 1. — Data Collection; Task 2. — Greenhouse Gas Emissions Inventory Analysis; and Task 3. — Greenhouse Gas Emissions Inventory Reporting and Web Based Application Development for an amount totaling $44,985.00. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The updated emissions inventory will be valuable in tracking GHGE by source for City Departments and in establishing a centralized database. FISCAL IMPACT. Budgeted The Greenhouse Gas Emissions Inventory is a budgeted item; funds are available in Utilities account number 401-2823-536-31-90. ALTERNATIVES: Not approve the Agreement and resulting Task Order for updating the City's Greenhouse Gas Emissions Inventory. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Page 53 of 504 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: RunBrook, LLC START DATE: 6/21/2016 END DATE: 6/20/2017 CONTRACT VALUE: $44,985.00 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type Resolution Agreement Task Order Other REVIEWERS: Department Finance Finance Legal City Manager Reviewer Action Date Howard, Tim Approved 6/14/2016 - 4:46 PPA Howard, Tim Approved 6/14/2016 - 4:44 PPA Cherof, Jim Approved 6/15/2016 - 2:16 PPA LaVerriere, Lori Approved 6/15/2016 - 2:44 PPA Page 54 of 504 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AGREEMENT WITH RUNBROOK, LLC OF WEST PALM BEACH, FL FOR "GREENHOUSE GAS EMISSIONS INVENTORY CONSULTING SERVICES" IN THE AMOUNT OF $44,985.00 AS A RESULT OF THE RFQ NO. 010- 2821-16/JMA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On April 19, 2016 City Commission authorized staff to conduct negotiations based on the approval of the selection of the top ranked qualifier, RunBrook LLC, determined by the Evaluation Committee from oral presentations from the two responding Consultants; and 16 WHEREAS, Staff has successfully completed negotiations with RunBrook, LLC 17 resulting in a contract amount for Task 1. — Data Collection; Task 2. — Greenhouse Gas 18 Emissions Inventory Analysis; and Task 3. — Greenhouse Gas Emissions Inventory 19 Reporting, and Web Based Application Development for a contract amount totaling 20 $44,985.00; 21 22 WHEREAS, the City Commission of the City of Boynton Beach accepts the 23 recommendations of staff to award a contract to RunBrook, LLC a contract for Task 1. — 24 Data Collection; Task 2. — Greenhouse Gas Emissions Inventory Analysis; and Task 3. — 25 Greenhouse Gas Emissions Inventory Reporting and Web Based Application Development 26 for an amount totaling $44,985.00 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. {00135786.1 306-90018211 Page 55 of 504 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby award to RunBrook, LLC a contract for Task 1. — Data Collection; Task 2. — 3 Greenhouse Gas Emissions Inventory Analysis; and Task 3. — Greenhouse Gas Emissions 4 Inventory Reporting and Web Based Application Development for an amount totaling 5 $44,985.00. 6 A copy of the contract is attached hereto as Exhibit "A". 7 Section 3. The City Manager is authorized to execute the contract on behalf of 8 the City Commission. 9 Section 4. This Resolution shall become effective immediately upon passage. 10 11 PASSED AND ADOPTED this day of , 2016. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 YES NO 16 17 Mayor — Steven B. Grant 18 19 Vice Mayor — Mack McCray 20 21 Commissioner — Justin Katz 22 23 Commissioner — Christina L. Romelus 24 25 Commissioner — Joe Casello 26 27 VOTE 28 ATTEST: 29 30 31 32 Judith A. Pyle, CMC 33 Interim City Clerk 34 35 (Corporate Seal) {00135786.1 306-90018211 Page 56 of 504 AGREEMENT FOR GREENHOUSE GAS EMISSIONS INVENTORY CONSULTING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "CITY", and RunBrook, LLC hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for GREENHOUSE GAS EMISSIONS INVENTORY CONSULTING SERVICES, RFQ No. 010-2821-16/JMA and 010-2821-16/JMA defined Scope of Services as TASK 1 THROUGH TASK 4 with specific Project Deliverables as outlined in the RFQ. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on June 21, 2016, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and related services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES CONSULTANT agrees to perform Green House Gas Emissions Consulting and related services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project which may be assigned to CONSULTANT is set forth on Exhibit " A". The CITY's Representative during the performance of this Contract shall be Christopher Roschek, Utilities Engineering Manager; Telephone (561) 742-6413. C-1 Page 57 of 504 ARTICLE 2 - TERM The CONSULTANT shall be available to commence services after Commission approval and shall not exceed twelve (12) months to complete this project. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of purchase order. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit " A " attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS Except for CONSULTANT's Underlying IP (defined below), all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. Notwithstanding anything to the contrary, CONSULTANT shall retain all right, title and ownership over CONSULTANT's Underlying IP. "CONSULTANT's Underlying IP" means any and all underlying technology, code, methods and other intellectual property used by CONSULTANT to provide deliverables to the CITY, including, without limitation, all components of any platform, website or underlying software as a service created, used or leveraged by CONSULTANT. C-2 Page 58 of 504 ARTICLE 6 — FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional greenhouse gas emissions inventory and related services equal to or exceeding the standard of care for such a professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 — INDEMNIFICATION; LIMITATION ON LIABILITY CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to each other or to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. Except for a claim of non-payment, or a claim arising from injury or death to persons or infringement of intellectual property, in no event will either party's total liability pursuant to or related to this Agreement or the services provided pursuant to this Agreement exceed an amount equal to the amounts paid by the CITY to CONSULTANT in the six (6) months prior to the event giving rise to the claim. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. C-3 Page 59 of 504 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -Consultant that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, and Products Completed Operationsl[Gll. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and CONSULTANT shall provide the CITY with notice at leas�[G21 thirty (30) days prior written prior to cancellation. I[G3] 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only C-4 Page 60 of 504 ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent consultant with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent consultant pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. Any and all information regarding CONSULTANT's Underlying IP are CONSULTANT's trade secrets and shall be protected pursuant to Florida Statutes Section 119.071(f) and Section 812.081, and kept confidential and exempt from public record disclosure requirements. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. C-5 Page 61 of 504 ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Palm Beach County, Florida. Further, this Agreement shall be construed under Florida Law. W Page 62 of 504 RTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: RunBrook, LLC Attn: Gaida Zirkelbach 777 S. Fla ler Dr., Suite 800 West Palm Beach, FL 33401 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. C-7 Page 63 of 504 ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — PUBLIC RECORDS Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY 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, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and ,W Page 64 of 504 D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12016 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Judy Pyle, Interim City Clerk Approved as to Form: James A. Cherof, City Attorney W RunBrook, LLC Title (Corporate Seal) Attest/Authenticated: Secretary Page 65 of 504 RFQ 010-2821-16/JMA, GHGI Consulting Services — Pricing, Schedule & Descriptions Task Order Matrix Updated on 5/26/2016 11411` 5: Broo Green BLIdding SLIstainabihty - CorTiphance RunBrook, LLC 777 South Flagler Drive, Suite 800 ' West Tower West Palm Beach, FL 33401 info@ run brook.com www.runbrook.com (561) 676-3375 FEIU: 46-3166666 Page 66 of 504 l5A C'S o o o o CS f2 rte, n n n m " � N w 2 N m N 2 I' � m � N u3 wV t7 �Y3 t7 0 0 0 0 0 0 CS m N N - ' '�It " N 0 n m m '4 m I A � C Q 0 � N VY V �Y3 N +JNS © V B C =C 2' Gb ql Q QI _ � V i-, 9' 0 © _. .. u X D C t N ate+ (�6 -C N 1 l0 N lfl in in N E >> 1 X N in C: 4-j U � L N t L N L L Q L •CL § =)rI 0 (U6 L NU E t -j fu 00 •� — ++ t 0 >� — X L (6 t 4a L } m N p in >✓Q O in 7 c E > u Y c U fa +� a� M t .- " 4-�-0 cup m 4, 4- m Q m� m .� a) UZI �5A r-1 O N lB S= O 2 tw C .E S= 3 a� s s U s 3 � Ln :E ................. ... .... Y .. ... .... ..... r Y se ev v 4 Y q+ -td Lb 1�x ......... ........ ......... ......... ..... ........ ch = N a m c Lam'' u o v Ill >- aj QJ th m — E a Qi N c,� a, `fig u co c N m Q w rvI _ C stS m .. L �"'• Cf� C M U7 C u uj r CIE LU tli vi p _ .+.-.. C Q T EC4 �i m f4 bO w f1 E G w s_ W Lr- "i] L cn _ RE 4- n S] $ fll + � a' @ �7 w c tz c t7 v m � � •, v �n C U �_ in CslS � 79 E SP1 d V n bO 41` fM, — q� W 0. CL F C) w 23 '....:. C-6 f 0 4� F7 r m •' _ 5n "W' C1 lJ I7 0. 2 E1, p p 00 < F N .t-- 11 d �... `.�",.. NN M i.7 CL aL o SE w o o S Y m rn m m F I s no CU 9lai ,7 m a) UZI M RFQ 01-2821-16/JMA: GHGI Consulting Services — Pricing, Schedule & Descriptions This appendix provides a detailed description of the tasks itemized in the Task Order Matrix on page 2. These descriptions provide an overall understanding of the project, based on discussions with the City, but the details of the descriptions may change based on the City's needs and other factors as the project progresses. R Task 1: Data Collection Task 1a: GHGI Scoping Review Review the contributing sources identified in the GHGI associated with the 2010 Climate Action Plan for consistency with the Local Governmental Operations Protocol for sources, especially regarding the distinction of operational control between City Operations and Community sources. These sources may include but are not limited to: • Electricity • Gasoline and diesel • Solid waste • Waste water • Natural gas • Refrigerants • Propane • Commuting and traffic data • Fuel oil • Trolley • Palm Tran • Tri -Rail Per review of LGOP as it relates specifically to the City, the above list may be amended in order to ensure the operational boundaries of all potential sources are consistent with protocol specifications. Task 1b: Re -Establish Points of Contact RunBrook will coordinate with the City to re-establish points of contact from the last time the GHGI was developed. This information will be used to develop data tracking templates for community and municipal operations as further outlined in Task 1d below. The scope of this task assumes that the sources identified in 2010 will be largely unchanged for the above listed emissions sources, and that city staff will provide active assistance to RunBrook for establishing a working relationship with these individuals as well as any new individuals who did not participate in 2010. 4 1 P a g e Page 69 of 504 RFQ 01-2821-16/JMA: GHGI Consulting Services — Pricing, Schedule & Descriptions Task 1c. Custornize Cloud Based File Sharing Platform & Custornize Database RunBrook will customize the cloud based file hosting platform that will be used to organize and store utility bill uploads, data entry from online data entry templates, and other sources of information required for the GHGI. As that is being done, RunBrook will also customize our private and secure MySQL database that will be used to store data that is extracted from utility bill uploads, online data entry forms, and other sources of information. All of RunBrook's database platforms can be queried to provide MS Excel compatible static exports, as well as live MS Excel connection windows into the online data. Task 1d: Custornize Data Tracking Tool Using information from Task 1c, customize the online data tracking tool to communicate to users the data collection status of (at a minimum) electricity data, as well as data from other emissions sources that may be requested during Workshop 1. The data tracking tool will enable users to see names of team members responsible for providing data and data collection status (e.g. 100% complete, 50% complete, etc.). This customized data tracking tool will be used to meet the City's request for a "data request spreadsheet" in the RFQ. Task 1e. Workshop 1 (Project Kick -Off and Data Collection Planning) RunBrook will coordinate a workshop with the City staff managing the project, to present the data tracking tool. The data tracking tool will be used to guide the meeting by communicating points of contact for data sources, roles, and data collection responsibilities. Runbrook will make adjustments to the tool as needed and summarize the workshop with a concise memo. The workshop will also serve to develop data collection plans for all key City and third party providers deemed relevant to the emissions inventory of both the community and the city operations. The City will be expected to take the initiative to bring the key data providers together during this workshop. Task 1f: Data Collection & Process New Data for the 2000 Baseline Year RunBrook will secure all points of data that were used in 2006 to calculate the baseline GHGI. This task entails securing and processing all files developed by previous consultants and the City including, but not limited to, excel files, calculations, research, and studies needed to update the database for comparison against 2015 data. RunBrook will incorporate this data into the new database so that it can easily be compared with new 2015 data. This task assumes easy access to electronic, tabular (i.e. not scanned documents) data that was already collected in 2010 for 2006, and that no direct collection of raw 2006 data from third parties (utility providers, contractors, etc.) will be necessary on the part of RunBrook. Task Ig: Data Collection & Processing of New Data for the 2015 Calendar Year Using the data tracking tool to guide the process, RunBrook will collect & process data points which may include electronic files from utility providers, scanned utility bills, calculations, images, and research findings for the 2015 calendar year for comparison against the 2006 baseline year. This task is one of the most time consuming tasks of the process and it will entail gather data from utility providers, city staff, city suppliers, and research. RunBrook will 5 1 P a g e Page 70 of 504 RFQ 01-2821-16/JMA: GHGI Consulting Services — Pricing, Schedule & Descriptions subsequently provide data processing services to track disparate sources of data and convert it into standard CSV format that can be imported into the online database for analysis. RunBrook will update the database with the most recently established emissions factors per the LGOP. In addition to keeping data in RunBrook's relational database tables, all raw files (i.e. bills, notes, spreadsheets) which are provided will be copied to RunBrook's cloud file library with so that it can be retrieved for verification when needed. It should be noted that the hours for this task were estimated under an assumption of access to electronic, tabular data exported directly from FP&L for accounts owned by the City, as well as the community as a whole. It was also assumed that no practical barriers to obtaining data from necessary additional (non -electricity) sources will arise (e.g. confidentiality concerns, lack of proper record keeping, etc.). Should such barriers be encountered, the City will either work with these providers to overcome their concerns or work with RunBrook to agree upon an alternative solution. The comprehensiveness of an emissions inventory can be correlated to the level of effort involved in its data collection; in other words, as more time is spent on data collection and analysis the accuracy of the profile increases but will never reach total perfection. While RunBrook will strive to provide the most complete inventory possible, RunBrook reserves the right to make decisions to estimate or extrapolate any data sources — using industry standard best practices -- for which quantifying in perfect detail from empirical data alone would demand significant resources beyond what has been budgeted, especially if such sources represent an insignificant (i.e. < 0.5%) proportion of the overall profile. Task : Greenhouse Gas Emissions Inventory ( H l) Analysis Task a: GHG1 Analysis to Quantify 2015 Emissions Data After data has been received, organized and stored on the cloud share file platform and imported into the database, RunBrook will apply cloud based programming techniques to deliver the following analyses: intensity based metrics, multi -municipality comparisons for community operations, and GHG emissions breakdowns by sector and source for the CY2015 data. At a minimum this will contain the same breakdowns used to portray the 2006 data. Task b: GHG1 Analysis Comparing Baseline to 2015 Emissions Data After completing Task 2a, RunBrook will apply its cloud based platform to deliver the following comparative analyses to compare the baseline emissions year against the 2015 year. The following analyses are expected to be provided: a) intensity based comparisons, b) multi - municipality comparisons, c) comparisons by sector, d) comparisons by source, and e) comparisons as they related to applicable strategic goals highlighted in the City's Climate Action Plan (CAP). This task seeks only to compare the data between the baseline and 2015 and does not include any budget with which to seek to explain such changes, nor does it include any analysis of site-specific (e.g. retrofit) performance. 61Page Page 71 of 504 RFQ 01-2821-16/JMA: GHGI Consulting Services — Pricing, Schedule & Descriptions Task S: GHGI Reporting Web Based Application Configuration Task Sa: Prepare DRAFT GHGI Update Mernorandurn, Including Analysis of CAP Goals RunBrook will prepare a DRAFT GHGI update memorandum that will summarize the 2015 GHGI, compare the 2006 baseline inventory to the 2015 GHGI, and update progress towards relevant strategic goals defined in the Climate Action Plan (CAP). Task SIS: Workshop 2 (GHGI Update, Define Standard Applications & Additional Analyses) RunBrook will coordinate and lead a workshop to present the results of the 2015 GHGI and comparison data to the City staff managing the project. This workshop will also seek to reach an agreement between the City and RunBrook on the exact nature of the work performed within the budget of Task 3d regarding the standard application customization and the additional site- specific analyses (e.g. retrofit performance summaries). The final deliverable for each analysis identified in the workshop shall be limited to a single -page memo. Task Sc. Prepare FINAL. GHGI Update Mernorandurn, Including Analysis of CAP Performance Goals RunBrook will incorporate review comments from the City to prepare a FINAL GHGI update memorandum that will summarize the 2015 GHGI, compare the 2006 baseline inventory to the 2015 GHGI, and update progress towards relevant strategic goals defined in the 2010 Climate Action Plan (CAP). Task Sd: Implement Standard Applications (Web Based and/or MS Excel) & Additional Analyses Based on feedback during Workshop 2, RunBrook will configure its platform and web based applications. The applications will enable city users to interact with the database to gain deeper insight into data than a static document can. The applications will enable multiple users to look at energy use in dashboard format which can be modified on the fly through customized drop down menus. Examples include energy and carbon emissions by facility, calendar year, by emissions source, by energy intensity, or by strategic goals. The specific nature and functionality of the application that will be made available and enabled for City data will be mutually determined between RunBrook and the City during Workshop 2. These applications are considered "standard" because they will not require the collection of new sources of data or new analysis beyond what was already gathered as part of Tasks 1F & 1G. Instead they will focus on finding the most meaningful ways to view and present data to various stakeholders in the City. Also as part of this task, RunBrook will perform limited site-specific (e.g. retrofit) analyses determined to be of interest during Workshop 2. It is assumed that these analyses will be largely possible to achieve using strictly the data from 2006 and 2015 that will be collected and processed within the scope of Tasks 1F and 1G. However since retrofits may have been 7 1 P a g e Page 72 of 504 RFQ 01-2821-16/JMA: GHGI Consulting Services — Pricing, Schedule & Descriptions performed in other years or require other types of data not considered in the scope of Tasks IF and 1G (e.g. weather, site usage data), additional data collection may be required. The task therefore assumes the City will comprehensively provide to RunBrook in tabular electronic format any additional data necessary to perform the analyses requested in the workshop. It will be further understood that the nature of these analyses, in addition to the standard applications, will not be expected to have a level of depth that would make these tasks significantly exceed the hours budgeted in Task Matrix. RunBrook will furthermore retain authority to make decisions, based on a reasonable assessment of budgetary risk, to utilize alternative methodologies to conduct analyses should the agreed upon method (as described in the workshop) for these analyses meet with unforeseen problems. For example, if exact electricity data cannot be obtained in tabular electronic format, an analysis based on specifications of the products (i.e. lighting fixtures) used in the retrofit may be favored as the primary methodology. Task 3e Workshop 3 - Final Project Wrap Alla and Moving Forward Meeting RunBrook will coordinate and conduct a final project Wrap Up & Moving Forward workshop. The purpose of the workshop will be to present the final version of both standard and add on web applications and train the City staff responsible for managing the project on how to use the system. Also during the meeting, RunBrook will discuss items the City wishes to address moving forward into 2017 that are of high priority and discuss any additional projects and/or ongoing data collection services to be performed: Examples include preparing a response to the Carbon Disclosure Project's Cities Program, identifying relevant sustainability grants, and providing ongoing data collection support to ensure that important sources of data continue to flow into the database so that progress can be tracked on a more regular and consistent basis. Task f: Deliverable review RunBrook implements a three-level deliverable review process that involves the Project Manager, the primary Project Professional, and the Client Services Manager. The project manager typically produces a deliverable under the guidance and direction of the Primary Project Professional. The Primary Project Professional reviews the deliverable for technical accuracy and overall quality. After the Primary Project Professional's review is complete, the Client Services Manager ensures that the deliverable meets the intention of the specific task outlined in contract documents. The Client Services Manager also reviews deliverables for overall clarity, presentation, and professionalism. Hours and costs for these services are included in all relevant tasks in the statement of work. T.he-f i..ra..g#-asksa��-t k-s/serr- is -ems tft af-t i1yF c ems-tai-ut ' , c -an -b Iete-d-.i..n. oade. __ . 81 Pa g e Page 73 of 504 RunBrook Rate Table - May 31, 2016 Individual $ / Hour Primary Project Professional 125 Sustainability Professional 115 Client Services Manager 100 Green Marketing Professional 100 Green Building Professional 100 Building Energy Modeler 100 Energy Auditor 100 Website Design 100 Project Manager 95 Researcher 95 Technical Analyst 95 Application Specialist 95 Field Technician 65 Data Entry Clerk (Intern) 50 Clerical 35 Page 74 of 504 6.E. CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2016/17. The anticipated Community Development Block Grant allocation is $497,889. EXPLANATION OF REQUEST: The Community Development Block Grant (CDBG) Program was created by Congress with the passage of the Housing and Community Development Act of 1974. The U.S. Department of Housing and Urban Development (HUD) office of Community Planning and Development (CPD) administers CDBG. Its mission is to assist in developing sustainable communities by promoting innovative approaches that provide decent housing, suitable living environments, and expand economic opportunities for low and moderate income persons through it entitlement communities. The City of Boynton Beach will enter its twentieth year as an entitlement community for receiving Federal Grant funds. The One Year Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one "whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low-income areas". In order to meet this objective, CPD encourages the development of partnerships among all levels of government and the private sector, including for-profit and non-profit organizations; more specifically, organizations that provide services within distressed areas. One important principle CPD encourages is to carry out the mission of Community Planning through community development issues driven from the bottom up. By this method, grantees are expected to empower the local residents by helping to give them a voice in the future of their neighborhoods. A grantee must develop and follow a plan which provides for and encourages citizen participation and which emphasizes participation by persons of low to low -moderate income, particularly residents of predominantly low and low -moderate income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use the CDBG funds. In effect, HUD requires that 70% of CDBG funds be expended to benefit low and moderate income persons or households in areas where a minimum of 51% of their residents meet this income criterion. Activities that are taken on by the City must meet three (3) national objectives: 1. Benefit low and moderate -income persons 2. Address slum and blight 3. Meet a particular urgent community development need The following is a list of types of eligible activities Page 75 of 504 • Property acquisition and disposition • Clearance and demolition • Interim assistance to arrest severe deterioration or alleviate emergency conditions (e.g., hurricane, earthquakes, flooding) • Relocation assistance • Loss of rental income (related to relocations) • Construction of New Housing • Housing Rehabilitation • Public Services • Removal of Architectural Barriers • Homeownership assistance (e.g., down payment assistance, interest subsidies) • Technical assistance to public or non-profit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities Public Services (Maximum - 15% of Annual Allocation) • Job training and employment services • Health care and substance abuse services • Child care • Crime prevention • Fair housing counseling • Services for senior citizens • Services for homeless persons • Recreational services • Education programs Planning and Administration of the Program (Maximum - 20% of Annual Allocation) The total amount of CDBG funds that may be obligated for planning and administration of the program must not exceed twenty percent (20%) of the annual allocation. It includes the following: • General management, oversight and coordination • Public information • Fair Housing activities • Indirect costs • Submission of applications for Federal programs Advertisements soliciting applications were placed in local publications on March 23, 2016. A public workshop was conducted on April 6th, 2016, for the purpose of explaining the program, eligibility requirements and public input, resulting in the receipt of five (5) proposals on April 25, 2016. Using both staff and representatives of the community, the following committee members reviewed the applications: Beverly Agee, Attorney SaLeica Brown, Business Development Specialist, Development Department Kathleen Perry, Retired PBC School Principal Staff also included: Andrew Mack, Director of Development Octavia Sherrod, Community Improvement Manager HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This preliminary review of funding recommendations is provided to the Commission in advance of public posting. Final funding recommendations, incorporated into the One Year Action Plan, will return to Commission in the midst of a 30 day public comment period. The action plan is due to HUD by August 15, 2016. Page 76 of 504 As described above, the CDBG program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of eligible Community Development activities. Five (5) proposals were received and evaluated by the committee, and the results are as follows: *Public Service Activities: Subject to 15% of Allocation *Aid to Victims of Domestic Abuse, Inc. - Request is to provide funding for partial salary and benefits of a Violence Prevention Educator to conduct the agency's Commit to Change Program. Conducted at local Boynton Beach schools, the program is designed to prevent domestic violence and produces positive, measureable results, and will provide individual and group counseling to children as needed. Funding Request $25,000 Committee Recommendation $10,000 *Community Caring Center of Greater Boynton Beach, Inc. - The agency requests funding to provide for staffing costs and other administrative costs (i.e., insurance and accounting services). Agency provides mortgage, rent, and utility payment assistance, food pantry and food vouchers, medication purchase assistance, and direct emergency social services to seniors, to name just a few of their numerous assistance programs. Funding Request $65,000 Committee Recommendation $40,683 *Legal Aid Society of Palm Beach County_- The agency requests funding to provide Fair Housing education, outreach and enforcement activities to protect the fair housing rights of residents of the City of Boynton Beach by ensuring that local housing practices comply with Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local fair housing ordinances. Funding Request $12,000 Committee Recommendation $4,000 *Pathways to Prosperity - This agency plans to introduce a program entitled Circles Palm Beach County to Boynton Beach, and is requesting funding to assist in paying partial salary and benefits to the Circles Coordinator. This project is focused on eliminating poverty and transitioning families to self-sufficiency. Funding Request $25,000 Committee Recommendation $20,000 Boynton Beach Faith -Based Community Development Corporation - This agency is recognized as a state recognized Community Based Development Organization (CDBO), which offers the City more flexibility in achieving its Community Development objectives. The agency proposes to continue to provide ongoing support to the community and serves as the delivery mechanism for the City of Boynton Beach by facilitating development of the Heart of Boynton area the intake process for the affordable housing programs, to include the City's State Housing Initiatives Partnership (SHIP) Program, as well as other ongoing community development initiatives. Funding Request $311,700 Committee Recommendation $130,000 In addition to funding the sub -recipients above, the City will utilize funding for Housing Rehabilitation and the delivery of this strategy, Economic Development grants for the purpose of low -mod job creation, and CBDO reimbursements for City required upgrades to houses being built for the Model Block - Heart of Boynton project. Summary: Public Service... 74,683 15% of Annual Allocation Planning & Grant Administration ..................................... 99,577 Page 77 of 504 20% of Annual Allocation Housing Rehabilitation & Delivery ................................... 300,000 CDBO Housing Development Assistance ....................... 130.000 Subtotal.......................................................................... $604,260 Model Block - Heart of Boynton Construction ................. 150,000 Economic Development .................................................. 100.000 TOTAL............................................................................ $854,260 [$356,371 to be funded from previous year's allocations + $497,889 current year allocation for a total of $854,260] FISCAL IMPACT. Budgeted The City of Boynton Beach's CDBG allocation for FY 2016/17 is $497,889, which is a 5.326% increase from FY 2015/16. Twenty percent or $99,577 will be used for the administration of the CDBG program. Fifteen percent or $74,683 will be used to provide public services to the residents of the City of Boynton Beach. ALTERNATIVES: The City of Boynton Beach would have to use General Fund dollars, or discontinue its revitalization efforts. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $497,889 ATTACHMENTS: Type D Attachment D Exhibit D Exhibit REVIEWERS: Department Community Improvement Development Finance Description CDBG FY 2016/17 Funding CDBG Sub -Recipient History TRC Score Summary Reviewer Action Date Octavia, Sherrod Approved 6/14/2016 - 1:21 FSM Mack, Andrew Approved 6/14/2016 - 1:49 FSM Howard, Tim Approved 6/15/2016 - 3:06 FSM Page 78 of 504 City Manager LaVerrier , Lori Approved 6/15/2016 - 6:69 PPA Page 79 of 504 Community Development Block Grant FY 2016/17 ACTIVITY Planning & Administration Community Improvement Staff Public Services Aid to Victims of Domestic Abuse Community Caring Center Pathways to Prosperity Legal Aid Society - Fair Housing Boynton Beach Faith -Based CDC Heart of Boynton - Model Block Project Housing Rehabilitation & Delivery Economic Development Proposed 2016/17 CDBG Allocation Prior year's reprogrammed funds AMOUNT MAXIMUM RECOMMENDED ALLOWABLE PERCENTAGE $ 99,577 $ 99,577 20% $ 10,000 40,683 20,000 4,000 $ 74,683 15% $ 130,000 N/A $ 150,000 N/A $ 300,000 N/A $ 100,000 N/A $ 854,260 $ 497,889 $ 356,371 $ 854,260 S:\Community Improvement\CDBG\Forms\2016\CC 6-21-16 Spread Page 80 of 504 CDBG Sub -Grantees Past 5 Years Fiscal Year Grant Award Expended Usage [as of lune 17, 2016] 2011/12 $17,500.00 $17,500.00 Admin 2012/13 $17,500.00 $17,500.00 Admin L V) 2013/14 $15,000.00 $15,000.00 Admin a 2014/15 $15,000.00 $15,000.00 Admin 2015/16 $10,000.00 $9,643.00 Admin [current year] .L No previous history with the City of Boynton Beach a V) HUD 2016 allocation = $497, 889.00. Admin @ 20% would be $99,577.00; Public Service cap of 15% would be $74,683.00 S:\Community Improvement\CDBG\Forms\2016\CC 6-21-16 Subrecipient Data Page 81 of 504 2011/12 $65,000.00 $65,000.00 Admin 0- L6 2012/13 $70,000.00 $70,000.00 Admin a c � z m 2013/14 $70,000.00 $70,000.00 Admin U m a 2014/15 $100,000.00 $100,000.00 Admin oM U U 2015/16 $130,000.00 $107,103.00 Admin [current year] $120,000.00 $101,755.00 Model Block Homes [current year] Community Caring Center of Greater Boynton Beach CCC 2011/12 $45,400.00 $45,400.00 Admin °U' 2012/13 $38,000.00 $38,000.00 Admin L V) 2013/14 $39,327.00 $39,327.00 Admin a 2014/15 $46,728.00 $46,728.00 Admin 2015/16 $50,906.00 $50,906.00 Admin [current year] Legal Aid Society of Palm Beach County LAS -PBC U N > 2015/16 $4,000.00 $1,380.00 Client representation & [current year] a workshops V) Pathways to Prosperity P2P U v U .L No previous history with the City of Boynton Beach a V) HUD 2016 allocation = $497, 889.00. Admin @ 20% would be $99,577.00; Public Service cap of 15% would be $74,683.00 S:\Community Improvement\CDBG\Forms\2016\CC 6-21-16 Subrecipient Data Page 81 of 504 Aid To Victims of Domestic Abuse CATEGORIES/MAX POINTS BEVERLY SALEICA KATHLEEN Maximum Points = 115 AGEE BROWN PERRY 1. Benefit to Low/Moderate Income Persons (National Objective Preference) 4 2 5 Maximum Points: + 5 2. Benefit to Target Area 8 5 5 Maximum Points: + 10 3a. Activity — Need 10 12 8 Maximum Points: + 15 3b. Activity/Justification 5 5 2 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 10 8 5 Maximum Points: + 10 S. Activity Management and Implementation 12 17 20 Maximum Points: + 20 6a. Experience 10 10 10 Maximum Points: + 10 6b. Past Performance 8 7 10 Maximum Points: + 10 7. Matching Contributions 20 20 20 Maximum Points: + 20 8. Self Sufficiency [N/A to Municipalities] 5 5 5 Maximum Points: + 5 9. Application Completeness 5 5 0 Maximum Points: + 5 TOTAL POINTS AWARDED 97 96 90 Average Total Points = 94 S:\Community Improvement\CDBG\Forms\2016\TRC MasterScore2016.docx Page 82 of 504 Boynton Beach Faith -Based Community Development Corporation CATEGORIES/MAX POINTS BEVERLY SALEICA KATHLEEN Maximum Points = 115 AGEE BROWN PERRY 1. Benefit to Low/Moderate Income Persons (National Objective Preference) 5 5 3 Maximum Points: + 5 2. Benefit to Target Area 10 10 10 Maximum Points: + 10 3a. Activity — Need 15 15 10 Maximum Points: + 15 3b. Activity/Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 4 10 10 Maximum Points: + 10 S. Activity Management and Implementation 10 17 15 Maximum Points: + 20 6a. Experience 6 10 10 Maximum Points: + 10 6b. Past Performance 8 10 10 Maximum Points: + 10 7. Matching Contributions 15 15 15 Maximum Points: + 20 8. Self Sufficiency [N/A to Municipalities] 2 4 5 Maximum Points: + 5 9. Application Completeness 4 5 3 Maximum Points: + 5 TOTAL POINTS AWARDED 84 106 96 Average Total Points = 95 Page 83 of 504 Community Caring Center of Greater Boynton Beach CATEGORIES/MAX POINTS BEVERLY SALEICA KATHLEEN Maximum Points = 115 AGEE BROWN PERRY 1. Benefit to Low/Moderate Income Persons (National Objective Preference) 5 5 5 Maximum Points: + 5 2. Benefit to Target Area 10 10 10 Maximum Points: + 10 3a. Activity — Need 15 15 5 Maximum Points: + 15 3b. Activity/Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 7 10 5 Maximum Points: + 10 S. Activity Management and Implementation 15 20 20 Maximum Points: + 20 6a. Experience 8 10 10 Maximum Points: + 10 6b. Past Performance 8 10 10 Maximum Points: + 10 7. Matching Contributions 20 0 20 Maximum Points: + 20 8. Self Sufficiency [N/A to Municipalities] 5 5 5 Maximum Points: + 5 9. Application Completeness 5 5 5 Maximum Points: + 5 1103 TOTAL POINTS AWARDED 95 100 Average Total Points = 99 Page 84 of 504 Legal Aid Society of Palm Beach County CATEGORIES/MAX POINTS BEVERLY SALEICA KATHLEEN Maximum Points = 115 AGEE BROWN PERRY 1. Benefit to Low/Moderate Income Persons (National Objective Preference) 3 5 Maximum Points: + 5 2. Benefit to Target Area 5 10 Maximum Points: + 10 3a. Activity — Need 12 10 Maximum Points: + 15 3b. Activity/Justification 3 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 7 lr5 Maximum Points: + 10 S. Activity Management and Implementation 18 20 Maximum Points: + 20 6a. Experience 10 10 Maximum Points: + 10 6b. Past Performance 7 10 Maximum Points: + 10 7. Matching Contributions 20 20 Maximum Points: + 20 8. Self Sufficiency [N/A to Municipalities] 5 5 Maximum Points: + 5 9. Application Completeness 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 95 105 Beverly Agee recused herself from this application as she's had occasion to deal with them in a professional capacity Average Total Points = 100 Page 85 of 504 Pathways to Prosperity CATEGORIES/MAX POINTS BEVERLY SALEICA KATHLEEN Maximum Points = 115 AGEE BROWN PERRY 1. Benefit to Low/Moderate Income Persons (National Objective Preference) 5 5 5 Maximum Points: + 5 2. Benefit to Target Area 8 7 10 Maximum Points: + 10 3a. Activity — Need 5 12 10 Maximum Points: + 15 3b. Activity/Justification 3 2 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 6 7 5 Maximum Points: + 10 S. Activity Management and Implementation 10 15 15 Maximum Points: + 20 6a. Experience 8 8 5 Maximum Points: + 10 6b. Past Performance 3 7 5 Maximum Points: + 10 7. Matching Contributions 10 18 5 Maximum Points: + 20 8. Self Sufficiency [N/A to Municipalities] 0 4 2 Maximum Points: + 5 9. Application Completeness 2 4 2 Maximum Points: + 5 TOTAL POINTS AWARDED 60 89 69 Average Total Points = 73 Page 86 of 504 6.F CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Award to Anzco, Inc. two (2) purchase requisitions totaling $28,100 plus a 10% contingency of $2,810 for a total cost of $30,910 for the repair of two picnic shelters and construction of supporting ADA accessible improvements at Oceanfront Park. Purchases over $25,000 require Commission approval in accordance with the City's procurement policy. EXPLANATION OF REQUEST: The current capital budget contemplates the repair of two picnic shelters at Oceanfront Park as well as construction of new accessible routes to these shelters. Staff solicited quotes from three vendors to perform this work, one quote was for the repairs to the two picnic shelters and the other quote was for the ADA accessible improvements. The lowest quote for each of these projects was Anzco, Inc., based on the recommended award of each project to the same vendor, Anzco, Inc., the work will exceed $25,000 in total thus requiring Commission approval. The low quote for shelter repair is $22,100 and the low quote for ADA work is $6,000, totaling $28,100. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Repair will allow safe use by park patrons. Furthermore, the city is now performing ADA modifications according to the City's ADA Transition Plan. Thus, the repair of the shelter is a logical trigger to improve accessibility. FISCAL IMPACT. Budgeted Work is budgeted in the 302 Capital Fund in the total amount of $36,000. ALTERNATIVES: The shelters must be repaired to allow continued safe use. Otherwise the shelters should be removed. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 87 of 504 CONTRACTS VENDOR NAME: Anzco, Inc START DATE: END DATE: CONTRACT VALUE: $28,100 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Addendum REVIEWERS: Department Reviewer Public Works Livergood, Jeffrey Finance Howard, Tim Legal Cherof, Jim Finance Howard, Tim City Manager LaVerriere, Lori Description Quotes Action Date Approved 6//2016 - 10:33 AIV Approved 6/13/2016 - 6:00 IIIA Approved 6/16/2016 - 0:33 AIV Approved 6/16/2016 - 10:62 AIV Approved 6/16/2016 - 6:46 IIIA Page 88 of 504 Date: 711 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Requesting Department: Contact Person: Explanation for Purchase: V '�Ce, 1*2,elAl e 4f"._ �.2 -- -- ------ Source fog Purchase 'check andattach backup rnaterials): Date Three Written Quotations UZI GSA Date State Contract PRIDE RESPEC-1 SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number - NOTE: Pricing proposas for purchase must be presented 6n the sarne detalt contained within the contract, Fund Source for Purchase: Approvals: Department Flead Purchasing Agent .. .... ... Asst City Manager Forin Revised 02/01/02 72 - Date 4 "s Date Date Date Page 89 of 504 PROJECT DESCRIPTION.:. Repair existing North and South pavilion columnae Paint existing North and Booth pavilions (roof, columns, and pavilion fling) color to match existing, Correct ADA as per Assessment Report, lire items 005 and 007 (included). Repair North Pavilion: Repair out Pavilion- � ��� �k� _..�.,�,. P n�m.. a�. Paint North Pavilion. .�m Paint South Pavilion: $ suo ,SDA repairs: $ Coocc • qo Page 90 of 504 McTeague Construction Co., Inc. City of Boynton Beach 222 N.E. 9th Ave •,+,, �11 AbA ® 7� 6100 Page 91 of 504 0 z 0 2 0 CID I'D W, vo w tCl Irl to In sn In IXIcats4� 0 . .............. . -------- - ------- ---------------- ------------- M, 2, Y, -s F _2 c -6 '4i as 6 Q q VI Wg 's� E I — b. o -qR In g In 2 0 cis -u r- Lui I- aI E IS s 0 lz Zo E to I In R-fll- E m : --- ------------- sr :gn IR -- — -------vra--------v W", — ^1x ars rtn 14 w , A J. In z5 ci, 72 w �5 0 Q zo > Lu ID E > :sr rens 0 cl X: M 61 E d 'V J -w 1C 0.7 Cl IM, w F6 In" ---l!Z L ---------------- ----------- --------------- kly 12" — -- — — ----------------- ------------------------ i ID 1131 tD I Page 92 of 504 PROJECT'DESCRIPTION, Ice) Repair existing North and South pavilion columns, Pairst existing North and South pavilions (roof, columns, and pavilion ceiling) color to match existing, Corred.- ADA as perAssessment Report, line iterns 005 and 007 (included). RoJqML- Repair North Pavilion: $ q2S-kw � og,.7 Paint No rth Pavilion: "ne; ADA repairs: $ . C.-gsamo - c, -o Repair South Pavilion,-,$ 92-'Vo.00 Paint South Pavillion, $ Page 93 of 504 PROPOAL S. SUB: Ocean Front ADA & Pavilions SCOPE OF WORK: LIC"# @060030 Repair North and South Pavilions per specifications with stainless hardware, Paint North and South Pavilions per specifications. Page 94 of 504 McTeague Construction Co, Inc. POSPOSAL City of Boynton each 222 N.E. 9th Ave Boynton Beach FL 33435 Attn: Gail Mooyz Project: Ocean Park Shelter Repairs 1) Repair shelters at the Oceanfrount park Um Michael H McTeague McTeague Construction Co Inc. 6WAUA5 — 4e� AbA 7� 000 624 S,E, Central Parkway Stuart FL 34994 (772)286-6100 Fax (772)286-7130 E-mail mcteagueconstruct@att.net Page 95 of 504 f e ._..___._.___ _---_ ........_ -- .............. _._ _ ._..... ...___ ... ... . ..... . ---------------------- a v,s ... _.__ .__..__..._..,_, __._..,_._..._._._._... ....----------- - ...... _. m„ c,. aar - ---- -------------- - ------------- . ...... i7a 3 i75. 49Y ,sa ------- fid. CJ :T �T G w _. �. 1 11 (I 1cz. .1 s lo sq IF Oun -i""'.........._..._...,._....._ � .... g ...._,..._ u» spa ___. _..____. ......__._._., . _........ �.. = a'� s ............ 51' � z r, cl CX�[A�"A jk" 2."' :x ..�,r�s rer1�'; 1u�r C3t+s ra%3rTr � PKS � K91 G �v3' X,Lr i" ST Grd Yit til -. !�1. "� a�` Gz d:Y "� y`• � 4Ys y} �„�« �t vb^ ^5.� ±'b C& � pY Ee.t `"�` K � ... i�A l.P $il .:'3 !r" ✓ all � B ifo ,. a cn xr ra rsr rte.. "3 A cx { ca xa �z c cx ! cz " xs •c; r'a.. sc:4 ur as ev ra £> Pr ra a atir !! S , en ' Rita aw man IN er � a,a � csaf �; � '� a" '� � � � � ^� � � � � 1 � � =h e�" .-m-_..__ ................. _.._� ..�..,....... cra n caz� zsa Ca+ rY ¢.rr� a US ar ars a� an ;r� " %%a +aa iY t€' Q7 � w,t Qi5 CAF .�. ------------ m+u ` d C m { ui Page 96 of 504 6.G. CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of May 2016. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for May 2016: Purchase Order Vendor Amount 161084 Wabash Valley MFG., Inc. $ 10,633.20 161091 Waco Filters Corp. $ 10,035.00 161109 Custom Pump & Controls, Inc. $ 10,230.00 161154 Reiss Engineering, Inc. $ 20,000.00 161155 Custom Pump & Controls, Inc. $ 16,160.00 161182 & 161185 Al Packer Ford Lincoln $ 12,059.77 161186 Studio Sprout $ 14,580.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT. Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 97 of 504 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Finance City Manager Reviewer Howard, Tim Howard, Tim LaVerriere, Lori Description Purchases over 10K -May 2016 Action Date Approved 611612016 - 9:05 AKA Approved 611612016 - 9:05 AKA Approved 611612016 - 1:22 PPA Page 98 of 504 CITY OF BOYNTON,, } 4 FOR PURCHASES OVER $10,OOC i` Page f Page 99 of 504 71-V,@�ndor.,Walbamh l'I .g lnc. Purchase Amount: f, ti t: Public Works ContactJeff Llvergood Date: 5/2/16 Brief t@ m Replace aluminum minu trash receptacles throughout the plea. Source for a Piggyback Charlotte Co. School Fund Source., 001-2730-572-64-02 � l l i � � 2 ® �: l=mlrp.---Purchase Requesting Department: Utilities Contact Person: Colin Graff Date,5/4/16 Brief Descriptionofaa Replacement rtri Filters it for mernbrane pre-treatment I process. Source for I Piggyback Martin Co. Contract Fury m 401-2811-536-52-7 f -2 a ra tri aam�mp rm'3, Irmw r P � �atc 1 �2 .tt ti Department: Utilities mit mew Colin Graff tmmm� �� Brief ' Description l r I Replacepumps at Lift Station 41 1 . Source r Purchase: Th ri n Quotes Ian a 403-5000-635-65-04 y;4a rm gra m lrm rl @ lrm. rtm 2, .tt f tl Department: Utilities Contact Person: Colin Gmft Date: /� !Brief rt tori Purchase: Provides irected anglneeringlabor services to the i tilles Department. The Engineeringservices ill serve as an extension t the Utilities t to assist with the progresslon of Utilities engineering I nments and the completion tion Internal assignments. Source r hne: CCNA - State Sta,tue Fund Source.f-2 2 1 �T—ndI o er$ -Steam PCo tro l w 8 r�tm , two Requesting t® tit€lrtl n: Colin Groff Date, Brief ri tl f m Replacement pu m,p f r LM Station 2. Source for Purchase. Three Wrftn Quotes IF u a 4 SWR075 Page f Page 99 of 504 S. Vendon: Al Packer Ford Lincoln V' Purchase Amount: $12,059.77 R a u6stil 7equmflng Department: Public Works/Fleet Contact Pemon: Chris Roberts ® 5131/16 Brief Description of Purchese: PO #161182 in the amount of $9,466.54 Is to repair vehie #3527 due to an aoddent. PO #161185 in the amount of $2,593.23 Is to repair vehicle M33 due to an aoddent. Soume for Purchase: Three Written Quotes Fund Source: 501-5000-590-09-85 Purchase Amount: $14,580.00 I Requesting Department: Public Works/Engineering Contact Person: Jeff Uvergood Date: 5/31/16 rt . Bef Description of Purchase Task order for surveying servioes, specifically plat review. Studio Sprout is the next consultant In the rotation under soope D I of the UtIlftles Department Consulting Servioes oontract RFQ 017-2821-14-IDJL. 11 Source for Purchase: RFQ #01 7-2821-14/DJL Fund Source: 001-2413-524-31-90 i. Page 2 Page 100 of 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICESDEPARTMENT 1BOULEVARD 'X 310 " ., FL 1 425- 310 /02/16 VEND014 13588 TO: WABASH VALLEY MFG., INC. PO BOX 3 H MAIN STREET SILVER LAKE, IN 46933 SHIP TO: City of Boynton, BeachA, PUBLI, WORKS DEPAPTNFANT. 222 N�E. 977 U BOYNTOIN BEACH, FL 33435 EXTENDED I " # QUANTITY M ITEM. NO. AND DESCRIPTION UNIT COSH` COST . 00 EA TRASH RECEPTACLE - -PORT SURF 805.6000 9667.3' T FRAME COLOR: MOC • . ITEK 0,JS��°'... `. ;�:�`..:',:..:.:..t.• YY om, 0 „ry 0 FREIGHT-" sipMe MAW 39 11, q,.°�x'w;^i PROCUREMENTSERVICES. P.O.TOTAL: 10633.20 � m„m m� m NT 6' NO . .............. -- PROJECT 9.F '.0 — d 3 — d a — 001-2730-572a64-02 � PURCHASING Page 101 of 504 I I OZ 0 0 '0 I H E -i ne, E-4 .0 u z H Z 0 tj FR HI mq w ko ui Ln 410 0 I I I w Page 102 of 504 Date: _2u�� RequesUng Department: 2_QA:Q&_ Contact Person: Lil�� la- -nation fbr Pumhase.- NLu,K%ReCEPTOCk-ES s IT 1_04_C=71�b O_HAO,tOT-,P_ n v -4x_- M."T , t& 15/14. -(6 Contract Number . NOTE: Pridng proposal for purdiese must be prmented In thessme doWl wntWned vMn the contmaL Page 103 of 504 REQUEST FOR OFFICE ASSISTANCE ---mmm------ ate. / DATE NEEDED BY. 13 Copy Work — Number of gy l Distribution. 13 Type Rom t /transcription trequest) Written —Attache[a Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form * Bid/Clty (Over $25,000): Bid # 7 * Bid/Other Entity (Over $25,000): Bid#, Bid Eff, Dates,& Bid E 13 File As: L3 OTHER: Special Instructions- 9 RequestDate completed: Please sign and tura this fbrfn to the oxo feel free to make any be1. Page 104 of 504 WANABN VALLST GREENALLEY urbenscepe, FLASTPsOE RtCYCLED POWDER COAT Sales Rep: JACK DZOBA P 561-603-2097 F 772-872-7307 Deserlpffon Price Total Wgis Frelght Tax Tax Rate: =Frt Tax ToUl GM v0d for 30 days. Please small orders to JKDZ0BA@GMA1L.00M- Oornk a p"plication -required payment, tenns. credit cards payments awepted. Veft colors upon ordedrig. Off-loading, emblyAnstallatlog MOT Inducted unless shy tL Please sign and Fax back to: 260-352-2180 Shipping Land 71nm- 2 - 3 WEEKS Please Print Narfw & Daft: "Tar rate bawd upon ship go zip code - Pemwt can chmage based upon endre &Np to oddnw at Ume of oAlarploemnent. "AN fiWght coaft 1ndLWb Drop ship onW Exft aervices mch as hono doUvwy, Lift goft and unkoding of AernhUm may Incur extm chwVo& *"B9109 89MY a manufaeftrar, WVRf dws not 09n pumhow Qrd�v vVwxrants - only WVM twme end candhione apply Page 105 of 504 Page 106 of 504 k� r1 „ „ T 4177= Question Deadline...... ..... -.— ................................. .......,—January 28, 2016 2:00 am. Closing ..... . .................................... ..-,.-,,.,February 8, 2016 100 p.m. School Board Approval .................................................... March t 2016 Publish Award Tabulation ................................................. March 18, 2018 Purchasing Department 1016 Education Avenue Punta Gorda, Florida 33950 Page 107 of 504 The School Board Of Chadone County, Florida ITB Catalog Discount Submission Inutruallons Template RevWon I 1AW1 Page 108 of 504 The School Board Of Charlotte County, Flodda ITB 15/1 Catalog mit — SeNers may verify DlWctI f their nFoponses at ms �� �m h .-- . The District no longer ids Sellers names and prices atM`n4 Instead, a Tebukflon WI be poobd on . R qE ply it 11/8/15 Page 109 of 504 The School Board Of Charlotte w Florida ITB Catft Discount 12, a n TempleW RwAsbn 11/6/15 Page 110 of 504 The School Board Of Charlotte County, Florida ITB 15/16-602MP Catalog Diswunt General CondlUons The Sailor shall proAde an insurance cardficate(s) saUsfactory to the District seven (7) days after, award. No work shall commence under this Contract until the Seller has obtained all insurance required under this section and such insuranoe has been approved by the DEW& 2. E&WjDkJ2MK The Sailor Oall submit a written request for payment: to the School Board's represents" for veriftation. Final payment vAll riot become due unfil the completed work has been inspected and approved by the School Board. Template Revision 1116116 Page 111 of 504 The School Board Of Chadofte County, Florida ITB 115/1"02MP Discount Catalog All els r services furnishedr this bid 9hW1 be warranted by to Sailer, dishibutor and manufacturer to be fres from detects d fit for ft Intended use. UnIm aftrMse requested, and equal to r exceed specifications. The manufmcturees standard guarenber warranty shell apply. Duang the guerentea or warranty perlod, the Sailer must repair r replace ths ung without cost to Th the understanding that oil replacements shell carry the some guerarfte or warraryty as the of&W I 1 Fu In the eventn wires a return to the manufacturer 1br I' r replacernents, freightcmc shell responsibilitySeller, ler ll make rr auk repairs and/or lImmedift4y upon receiving notes ftm The DIstflcL Template i1fiV15 Page 112 of 504 The School Board Of Chadotte County, Florida ITB 16/16-802MP CateN Discount Nelther Vis Seller nor ft Buyer shall be liable lbr non-performance caused by circumstances beyond their cortrol. including but not limited to, hurricanes, tornadoes, floods, loss of power, WhtnIng and all other acts of God. 1-�AM The District Is wwrnpt from sales tax. For the School Board of Charlotte County, our StaW Sales Tax ExampHon Certificate Is ft 85-8012621774" and our Federal Tax Idenfiftation Is ft 59-6000530. Tomplate RWslon I 1AV15 Page 113 0 504 The School Board Of Charlotte County, Florida ITB 15/16-802MP Catalog Discount T I IMMI Page 114 of 504 The School Board Of CharkAte County, Florida M3 15116-602MP Catalog Diswunt BID SPECIFICATIONS SCOPE: This specification establishes the minimum requirements for the purchase of Caftlog Supplies and Equiprnent to be used as noted by The School Board at ChedoM County, 1%dda. The Intgnt of We bid Is to establish a contract fbr one (1) year from date of Bosrd epproval,j during which time the suoomful bidder MWI guarafte firm discounts as spedfied In this bid. IbjglddlLd22Wnld-f2LMpAdDLdRL4Akft ljDMjhMWMft Chorkrift Cow* Public Schools Ml determinc, at its sole needs of the school systarn and YAJI be induded on the final tabulation. Cherlode County Public Schools rwanfas the right to purchase or not purchase from the catalog. It will be up to the Individual schools/departments to determine which cornpany offers the lowest cost responshre senAce and provides ft most efficient turnamund fime fbr the ftems needed. DISCOUNTS: Bidders are lnvbd to oftr a irninimurn dlnt off the catalog list price on school supplise and equipment Bidders are to bid a flat percentage discount that affil be applied to Items In the vandor's current catalog or webalte. CATALOG NTH 010: AN bidders must submit one (1) websits address, npdf file of their catalog, eIc CaWI09 link or Catalog QD to be usW for bid evaluation. If your company is submkUng online pricing for conaldemdon, soms to online pricing must be submftd at time of bld. BE CONSIDERED, ANY PHYSICAL CATALOG or and freight chaMes: i1ftwo III rl Template ReWslan 11/6115 Page 115 of 504 The School Board Of Charlofte County, Florida ITB i5/1"02MP Calaft Discount SUBMITTALS: w and Initial each Item below) Authodzed RAprosenU14W. (signature) ��,� bm,.....................----------- Dam Template bon 11015 Page 116 of 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTONEBOULEVARD P. #. 161091 33425-0310 DATE:05/04/16 VENDOR 1058E SHIP O: TO: "AC�� FILTERS CORPCity tonBeach 1 701 N.W. 100TH ROAD, SU ST' WATER ADMIN MEDLEY, FL 33178 5469 W. BOYNTON BCH BLVD, BOYNTON BEACH, FL 33437 h'+d 6,a, fr,an%MF &a>. "6 e�'82 0R0ERN-,,,G EatFe��,.SYAR'1 %4)jiaN a �.,,!'a�=aef.L„F a;, 's",TI 1, z L } ��a,,,',`JR ,+U S.�2 5x%mow � DATEEDEM MD N- $ SON APPROVED., QUANTITY QOM ITEM 'NO. AND DESCRIPTION U, IT COST 1 ;1500. EA PA05,FDP,filD5MIC 40 2,_7/15 OD NSF 5.5900 61 FDA 3'�U"uxtif at "� x N "Of 401-2811-536,52-75 P.O. TOTAL AL mm 10035.00 Page 117 of 504 kc w rq H IN -, I I I I a I a I q Page 118 of 504 CITY OF BOY XTON BEACH REQUEST FOR PMCHASE OVER $100000 Roquestingf : Leon Liberus, Chief 1 me , e Other Mi Confiva u , OTE: Pfleing proposel for pumhose must be pnownted In the same dvWl wntalned vAthinthe caftpxt Fund Soume for Purchase- -2811-536-52-75 Department Head Purchasing n ff Mew Asst City Manager City Manager Ferm Revised 02101102 Page 119 of 504 REQUEST FOR REQWSITION WE t o Pat Lindsay Water Qual. r IaAdmin. ® r g r rr r r oto s Bid DOC& W WTPm rSol dour Ltr, I 1 r I f Operator Sevage Insurance I I Ire Ins: Re uI mems: trmwtr. Project Number. Quen. Un Deser Ion & Part Number1,500 $6.69 5MIC 40 I , Quote#., 0105a626 PrIcing from Martin County Bid _REFER MARTIN CrY RFB-2012-2551 'Total I I I I I 1$10.0-06.00 AL troll ffe, C, 124 A WMA*ht Read Merwo 33405 Phi(561) 7424400 n(51 OFFICE OF THE DIRECTOR OF UTILrMS QUOTATIONS ITE -.TESTED: Replacement Cartridpe Filters n , procew �,,, REFER,T . Y -2012-255, ACH THE ABOVE ... QUOTATIONS.SEND T . fid.ASING DEPT. Page 121 of 504 CONTACT PERSON: Pat LLndsay P110-NENUMBER: .aaaaaaaaa�ttxwwwwwwwwwwwwww w w,�w,�w,�w,�w w,�w a».�.�.�,. m -189m 30-5 -885-1899 QUOTE 18,03w00 ACH THE ABOVE ... QUOTATIONS.SEND T . fid.ASING DEPT. Page 121 of 504 WEST WATER'PLANT 5469 W BOYNTON BCH BLVD PUBLIC WATER OPERATIONS At tri. TERRY DMUMLER Ship Via. REDWOOD - F2EIGHT AL Prices are guaranteed throuqh Y 31, 2015 WACO QUOTATION: : WACO -MIAMI 1,1701 . 100TH ROAD SUITE I MHDLEY, FLORIDA 33178 Phone: (305)885-1899 (305)885-2434 Terms. NET 30 nAYS unit of unit ua, a SMIC 401 11OD NSF 61 FDA 1,500 -2012 ,551 Page 122 of 504 HIBIT MlaftMEMWO CARMOM FILMIM FOR WAM TREMMENT Blds to Indude one odgind wW one copy. Name (PdnQ 21MALMO.Fax 305 M5 2434 M Page 123 of 504 a. GOODS AND SMVICES THIS RENEWAL is made and entered into thisng day OfAmM 2015 by and between MARTIN COUNTYlits subdivision Florida ,, d t � D4MMflo WHE REAS, the COUNTY and CONTRACTOR entaied into an Agreement for SCI°provide R t to MartinCounty Contmct - d d, BOARD OF COUNTY S MARTIN COUNTY, PLORMA Nicole Carty Pumbasing Manager APPROVED S TO FORM CORP'ECTNESS By COUNTY ATTORNEY Page 124 of 504 AGRUMENT BETWEEN COuNTy ApW,,CONWACyOR pOR CAIMMOE MT=5 FQR WATER TWATh WST � is THIS AGREEMENT, effeodvc tWg L±dqy of --jkJ44�Lin theym, 201 2,'bemn: MARTIN CO'UNTY ROARD OF CQUNTYCOMMISS1019Mn Poligetl subdivislan of 'the Shts of Flom dik, (bcrWnathrCOUNTY),, localW at 240] S.E. MOntemi Raad� StuaM FL 34996 Pap I of 7 RP542012-051 Camidp FUters far Tmaungm phnU Page 125 of 504 WHEMAS, COUNTY hu »dd=InW MM Is bw need ! Vwfflcally Outyned in'dis Raquest fw^! .) aW the Scope of SeMeas; and WRKRZAB,, ? /!,!! bids for such SeMcw± & Madn i bid number rafin=d, ! offt Agwiaw.( ' » w , COUMT AwwdsdBld to CON . ;wW . . COMACTOR # & Rblcto =WW"fly pvAde ■ . d� ■ . . Md i` of ., . b . t % by rafammm, ind do NOW Mb coag&WOM ! : Of 66 40" wd ' ' , , ` � .% . fol `to providee COUNTy wM _ o °Dowmed&d fam the coffibud .a / \ %d2'« ■ % . . Page 126 0 504 FvW810m of " l be came fbr 7. " 9 pay coNTRAcroR pm coNTRAcTOR-S" in i All j be kW in sugh a way as will pmmit 1 - M mW an sw fmffi basin off° I&bl@ of RMW Mm mAY alp of ffuch m s hmn%DCL Page 127 of 504 U:ft2spSWV@"orjla2s=bU=wd�fh�5 . # «7 kb . a) . ! m © , ofe tohwe lWoef w Wwked abm. I* 9QXSMhLLm The laws of ft Sfift af Flmtda shWj Sumn tWs & pwwggt as yAgmmmit ' . A \ a , £ . ^!� Z d r ! ; � }b 2\< � Pop) J qg,,:_ . for .«mr Page 128 0 504 b. Qmk=WsCffMmcOfbwftmngkedfn2oRaqmd*rBkt 01 Cbnft%0WE=PmwtDtbmMmwbdftd==mnt A L Tmdkkmd—pqmmmby&A* Who ft" b. u o , OpWtL�� % m��j = * -31-ld AP MTIDN* Cot== Bk MWATTORNZY RPDA012-2551 I Page 129 of 504 IL The WAVO Of this bid Is tD nabHsh a oonfta with a primary and semdwy conuadw who cm M Prov'dr- c=Wdgc flItOr 01'smaub ' 0 dm* mmer. 'Me wn&M woWd be fir the pumhm of cnMdge filbr clamor& as q=i&d hmvh dcliverM and onkred as needed, b- 7'hc fiftm will bc umd Bt Mxrdn COuntY Udifflu WaW Treatment Plant qswne to tre& *kking water, and all Foducts-must be authorized for owl mw c. The suomahl bidder shall be reipmuffle for fixWshing wW dedivadng to both Rem= Osmosis Water 7huftnent FIwA rjowns l Matin County Rod& The cattidp filter clanwis am und for mw Wdw filftWon pior tD the ruvme osinosis wwtwA= system as per du spedficadons. L Martin County Utflides is ma= in sin wd provides Wg1w, wUWWjftr. and =WmW wow swicms in Mardn CbimW, Florl& MMM COWY il 10=W In souffiam Fimida, noA of Palm -Bauh CouM and muth of Saint jAcis CounW. Ma� County pwides MVIM to akwa 100.000 cudmnas daily fim two wmr and wwwwstw ftwonent &dUtim mfmvd tD so North County and TroplM FE= 7k=O MINN W 100910d within tw=W miles of one anadw. b. Both Water Tmo=t PimtB (WIP's) has a combined pumpap of 9.1 million 01ons of WRW per day wbile the Waaftwdw Traaftnent Plants (WVnP's) combined tmat 4.0 million pflow of watmatu a day. Martin COUMItY UtIldes a SUO omtlfied labomwy dw pwfima fww and baclMologiW %sting tD Mist h) dw opention of tho ftmftma phmts. C. MATfin CountY has nine Fimidw aquiflaT walLq, thirty -fin surfidal RqWft WaUs dut provide SOUrOD waftr to the WTP's a nd savanty-four monitoring we& tbM pwvide MOMW&I Of the, source watw. L DelIVWY Must bD OMPIeW Within AMrb= Wmdar days aftu reWpt of an oldw from 1he tho UtIHd= Dqmtnwit. 7he Utilida q=b a supply that will provide aw4uatc @nd timely ddivwy. 7be awanded bidder must adbare to ddivay rhadules a &ftflod. RFB#X]2-051 CuWdp Flkm ibr Trmanut Ph= Page 130 of 504 All =Wdp mat»`%` d# ' °d caps and 0-rinp mug FDA MWWed f SystmS. or potable WMW b. All cuWdge mawials must have NSF amdard 61 00MCadoll fbr hWM dfbaW-dH*jng waw BYaMm cmponanm %Sting wotmd QaMdgm filtm dWI be conshmUd of 100% pojypw",jCW =ftW corc WI& a @We POIYPwpyI= ffbar. No negmeaW womW 131mmts wIH be mociftd. a. no succomful biftr mufft be able W pmvidr. on-sim uwbdW suNort by a mnufiimmls mPmwhWw- within Man days of rweipt of a raque& bythe Udlides DepwunwL d. Ewh bidder " fimdah NAU06 CL-fti4p filtm Idendeel W those proposed for imminafion if Mueftd. Np7of 7 RFBM12-25SI Catidv Fftn far TredwaA Plants Page 131 0 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O #: 161109 BOYNTON BEACH, FLORIDA 33425-0310 DATi. 05110116 VENDOR 155338 SHIP TO: TO: CUSTOM PUTIMP & CONTROLS, INC. City of Boynton Beach 305 INDIAN TRACE #222 FAST UTILITY ADMIN WESTON, FL 33326 1.24 E. WOOLBRIGHT RQAIJ BOYNTON BEACH, FL 33435 EXTENDED I LINE # QUANTITY UOM ITEM NO. ANT.) DESCRIPTION UNIT COST COST PROCUREMENT SERMES. Z&&Z P.O,TOTAI,,: 2 023 0 00 D .. V. .. .... ACCOUNT NO. PROjECT 403...5000- 04 SWR075 PURCHASING Page 132 of 504 V) Ln E4 �5 A t i a�1 rl rq EP Es $. ;Y 0 coo 000 F.i E. CSo C# li tri N Mc HM �s a I I �.a i a v 1 I I I i I I I a I I I C5 , i I I I i i I i I I I I i I i i a IQ3 cl, I D Ind= I I I r a I I I rd 69 Ifd rd 10 I 13 m 0 I a H I I I 1 �6 i I I P I I i I Cl} I P I Cea I i I IM rS Mimi C i I I I H w H ly, IXa I I i I ILn in I qv I Ln Ln Im m ILn Ln I I a B d i Ln Ln I I 30 a I ~ a I I I I B i^$ I ` I i Page 133 of 504 Requesting Department. Utilities/Wastewater Pui Contact Person. Arn Hart Explanaflon for Purchase: They r the pump replacement prograinto updatethe pumps at Lift Stations # 413 and 510 f Al tource for Purchase (check and attach backup materials).- Threer° erg Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract TE. rI l for purchase must be presented in the same detail contained Wthin the oordmcf, IFund Source for Purchase: .4 !Department Head Purchasing f Asst City Manager City Manager Page 134 of 504 REQUEST FOR REQUISITION ...................w.:.:.:.:.:.:.:.:.:.:.: R-marea nt Ash s„ mm ........ City Manger (non bUdgented OTHER 51-3/210116SF if I s An A z JH e w f ) �! Dow-mded .'1 2M"(n f. rn:1x Warton, F1 33326 RIVL AS)CRIOm !here, (coutufl)v Thamas Mu1n ace VaW, qual. . ... fx 11 s. . ai gq .............. .... ...M 954-299-5156Qu of '"A , Nummbm '15338 Bid Dom H W, Arril 42 T -A &, e Sale So-tuce Dr, 11M, .ki 4iH(xc'(dlctiuW, ciDA:.HfF45A11N5A11N5A11N5AI:N:ry�t('.". ';;(k; ...•^,.•, ..•^,.•'^*�=•a„ vfi_ ...»,.,�...-...a (�:.. „� sural rl ....� B as, i, Ob, Annourrt y.x.. .. .::.,. ... 4100M 1 KSS 41Mca 6130M KSB � a� �.... �..� a KIR" 0 5 11 4XG531' 151 ----------------------- ...:. .......................................... ........F Page 135 of 504 The City of Boynton Beach AM& 33435 Mam (56.1) PAX. (561742-098 OFFICE, OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Replacement pumps for lid stations QUOTATIONS ------------ T PURCHASINGT. Page 136 of 504 Custom Pump 306 Indian Trace #222 Weston, Fl. 33326 rm James City f Boynton 124 E. Woolbright Road Boynton , Fl. 33435 (954)299-5156 Jacksonville a Jacksonville Fax: (904) 858-9607 e-mail. Lmarinace Dear Mr. Hart, We thank you f6r your interest in our pmduct andi ami ua you on the ii i pumpsng KSB sewage andaccessories- As you requested, pump guiderail adepters (Claws)included in the above pricing, Sal8s tax is not included, i is firm for nine ( W Delivery is esitroatodt k from f order, subject to prier sale. Shipping terms your facility with full freight included. Payment terms are net 30 days Ple8ft contact us shouldyou have further questions on this qui ti me. %ft"'A W4096"" Thomas J. Marinaos South Floridai Page 137 of 504 QUCTATION NUMBER 03-16-03 13, Page _..........6..._ -- of -1-1-61 BA RNEY'S PUMPSIF 1NC. 12080 NW,40d',Street Coral Springs, FL 33065-7602 Broward (954) 346-0669 Dade (305) 945-0279 Fax (954) 346-0993 DATE: 'TOm City of Boynton Beach WMes Attn: Jim Hart 124 East Woolbright Road BoyntDn Bei&�h, FL 3,435 FOR ,SHIPMENT Same 'TO. PRrOJECT: , Lift StWon # 413 Homa P MV-Pory YQ1 Em 3 - 4 weeks .- su�ject. Bestway Barney's Pumps to prior sale MM I QTY I DESCRIPTION Condition of Service: 190 GPM @ 4,"TDH Electriciii Service: 230V/30/60 HZ 03-21-16 net 0 Wth approwd cmdt A 1 1 1 Homa Pump Model * AVX444-198/7.ST/C, 1750 RPM, 7.5 HP 18.8 FLA, 7.79" vortex Impeller w/ V solids handling, 40'power cord, also includes: 0 (1) WLU E6000060, 4' discharge flange, EMUT- guide rail adapter 0 Part # 8734109, 11fUng ball fbirT-frame motor Delivery Included Delivery Is F.O.B. Barrey's Pumps. Start-up and training services are NOT induded. Taxes, arx-hor bob, p1ping, field Wring, etc. are not Induded. Ifs drawlnas are rwulred for monro val. a/&&w rmijest Viam from aur afflep The fbilowing items are attadied. Bulletin — Pertbrmance curve X Elevathn dry rig Pries quoW are firm 1br 30 days (unless otherwiw rKftd), then subW BARNEYS PUMPS INC to adjwbrxM to agree wkh prim at Hmeof shonnt and sub ' W -t tD any tax reqWred by low, This qwtWon Is subject to Samey's Pump standard tam of sale and warranty. We appmclate Um opportunity to 90M NaffilA some you and bwst that we are fbwmd wAh your order. Aut dzed- Signature WM Page 138 of 504 dischargea (1) WLU E6000280, 6N flange, EMUT- guide rail adapter 8734110, lifting bailr Rdframe motor Delivery Included Delivery is F.O.B.Pumps. Start, -up and trainingi are NOT hiduded. Taxes, aixhor bolts, piping, field wiring,. are not Indy The following f IN r a n drawIng Pdas cyjoted we fiffn thr 30 days (ung n subjW BARNEY'SPUMPS INC. to e4jusbmint to agree t dme of shipmwit mW subjW to any tax requWlava Ms quouftn is subject to Bameys ftnps sondarananty. We appmdata dw opportunity saw you and bvA ffwt vm are fovomd w1h your order., Page 139 of 504 Boynton Beach Utilities City of Boynton 124 East Woolbright Road Boynton Beach, FL 33435 Attention: Jim Hart Subject: Replacement JacksonvilleTamps + Pompano Beach + We are pleased r the following your ei tion: � wrot er �l One 1 , 15 HP, 1150 RPM, 230 Vok, Ph e, Submersible Pump rated to pass 3" sphedcal solidL Pump to be shipped with 1 25498XF 50 ft. Power Cord Assembly. ***OKStarter' PRIGE.- Standard Pump - LZ&58 .00 Plus Tax, Delivered For FM Listing - Add 1124.00 f2Lk[ft_%WJ9n M13 One 1) Bames F7 -1 , 7.5 HP, 1750 RPM, 230 Volt, , Submersible Pump rated t " spherical solids. Pump to be shippedwith 01264NXF 50 ft. Power Cord Assembly, for Size I Starter*** PRICE: Standard Pump - ...................34.00 .........................Plus Tax, Delivered For FM Listing - Add L118_.00 For " T -Rall Claw Adapter - Add 1595.00 One 1Barnes3 , 20 , 1150 RPM, 460 Voft, 3 -Phase, Submersible Pump rated to pass " sphedcal solids. Pump to be shipped wfth #125499XF 50 ft. Power Cord Assembly.'"OK for " PRICE., Standard Pump -Li.232.00 Plus Tax, Delivered For FM Listing Add 1_1A0_0-00 For 6" T -Rail Claw Adapter - Add 1.179.00 SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, F. 3331 1368 SW 120" n, Pompano Basch, FL 33069 "fall Free 390-4182 + Phone 1- Fax ( 781-8434 + www.sepump.com Page 140 of 504 Frorn; Nlio Veloz <nveIoz@hydrase rvice.net> sent Friday, April 01, 2016 1-48 PM To: Hart, James Cc: Paul Robinson Sublied: RE Pump Pricing for Boynton each Models Confirmed AttachmenW: Boynton each - LS_510 - XPP 15OG 17hp and 20hp CURVES.PDF, Boynton each 912 ® XFP IOOE-PEIO514 P CURVE.PDF, Boynton each - L$_413 - XFP IOOE-PE45 6HP CURVE,PDF Below are the pump models and unit pricing with the T -Rall brackets: Lift Station 12 = XFP100E-PEjQ5_jjHE_@2LS 470 GPM @ 59TDH 230V / SPH Starter Size SQD size 2 Lift Station#413 = XFP100E-PESrb ANP 1 M @ 42 TDH 230V / 3 PH Starter Size SQD size I Lift Station # 510 = 1 1S 470 GPM @ 68 TDH 460V / SPF Starter Size SQ D Size 2 All pumps to be shipped with T -Rall bracket attached with 316SS hardware. Page 141 of 504 '&rn>IEI,% 64 (mv 114pv jcbv� A) I V -c-S R -e a 0 wt -D Lisag . ep 141, wSlyl? 11prodwarcgLz 15WOWLE p Cal y! 9G its p M S-0- Sixtemy-ST is %4Ip go If 121m; , if M aftb Page 142 of 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 T BOYNTON BEACH BOULEVARD TPBEACH, FLOMDA 33425-0310 TE: 05/24/16 VENDOR 15923 HI O: REISS ENGINEERING, INC City of Boynton Beach 1016 SPRINQ VILLAS PT. EAST LITTLITY ADMIN WINTER SPRINGS, FL 32708 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTEZOED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 20000.00 DL AS -DIRECTED ENGINEERING SERVICES1.0000 20000.00 MOCUREMENT SERVICES - OUB N 401-2823-536.31-90 PURCHASING Page 01--53691- Page 143 of 504 Page 144 of 504 4rk`rt ir�F V r�P 2 fifer - 'a^a 4 4;n. y ik x u.Ykb lP It � mYr 1 V P Il P.i1 ft P'w II 4 i. p 6 } 1 i P mw 0 1 s Ga t�A 4i Vi r V kqi� c,3P 4. P.. 9. x t. t,•w I 4e kf�F Q � luf V Ji �se too 5 f. u'aa rRs` e,4 c � PP Fy U twk p 4.6 w l IHR; 5r t 14,Ss bvs J �t aas b Jb i 07' tkP x. -.s ;sE saa a 2.� tR A•#• } o got t &� 6 C f„` €�txw ��fi t4m"4 pa Ar` ( f iP S in a i Ing mum F h 'tm .� U A,4`h ll A � t �« �� ^ �s 1 (5 ,� � �, s si' 2 2 �v ~a*S n�;.fai 221111 �: '"1 sc i + 1 s SPA IfW s ? f �` i IN rit fee 45 ?. a `"fix A �P a s vi Pd R'fi Ii u R ryad F f At c r r I C «,j' IGb�''tt $ i -N,�S ut,eY � IP !CSy i^S 183 n ,A`3,8' i,:J z,P y'e�� f4,G'”' Page 144 of 504 Utilities n [Explanation fbr Purchase: Reiss i will ring f fBoynton j Utilities Department. The Engineedng servicesvAll serve as an extension f tilities staff to assistiMth the progression of Utilities engineedng assignments and the f f intemal me r Purchase (check and attach backup materials). - ° , .- Date '°r r" 'Three W Date State Contract PRIDEIRESPECT Date SNAPS Sole Souroe Date piggy -Back Budgeted Item Emergency rr r to Contract Number NOTE'. Pdoing Propowl fdr purahase mum be presented In the same detail contained wIMIn ,'Total f Department Head Date 'Purchasing Agent Date Asst City Manager Date 2CVty MhaLnager 044&9�_ Date Fan ReAsed 1 Page 145 of 504 REQUEST FOR REQUISITION Provide As -Directed EngIneering Labor Services to the, City of Boynton Beach UttUdes Deparfinent.9 Engmeedng wrvices """'ICU WM serve as an extension of the, UtMdeg stuff to f8effitate the progradon of Utflides enginearing aedpments and—also to affidst in com h Internal as cuts. ' 1 CC'NA — State Statue for engineering services does not require quoteL VENDOR WORKATION: WFORMATION: Name: Reiss t 271812016 ASAP Address: 800"Ulage Square Crossing, En&oerb* ate Nwded: Confum. Palm Beach Gadens, FL 33410 Cust. Rel. El ASAP/Conf Distdbution B RY. S Contact: Lance Litftll, PM Lab 40 0 Phone: (561)331- 1614 PunVing El 0 E. WTP 41 over, 2000 FAX: (561) 656 - 2099 FwmainL Bid Dcms. Wa WTP 42 VendorNo.: 15923 PW(.)N. sole SOUM Ltr, P/U 99 El 1NrT1Xr0&- Chris Rcechek, Manager Sewage ci Imunme special Imtrwtions: R Wrommes: Strmwtr. o CCNA — State Statute Uam Unit Prioe D Elem ON Amount $20,000.00 As- S 31 90 $20,000.00 Total 401 2823 536 31 90 $20,000.00 Page 146 of 504 REQUEST FOR REQL7jSj1rjON PrOvids AS-Dirmted Engineering Labor k9endees to the MY toy Beach UdUdes Deponment. t t t It On of dRaw Inei e t CCNA ® State Statue for enghlecrID9 wxviCe" does not require quote& ,.kOR INFORMATION: „ „INFORMSTI Name: Reiss Engineaing� 2/8=16 ASAP 13 Addremp 800 VMUP, Square Oxming Needed: Palm Beach Gardens, FL 33410 CusLRej. ASAP/C. Distributio'n BACKUPDOCS. DELIVERY. E. over ,ttt Admin 40 he (561) 331-161 Pumping El Quatmvr'tten over $2000 a WTP 41 FAX: 1 656 m 2099 PwmainL Bid Docs. W. WTP 42 Vendor No.: 15923 MOPS.sole Sourm Ur. t Special 1 it1 CCNA -- State, Statute 00.()0 A,9-P!red F1 !20,0 Sm Engineering1 401 2823 53 6 31 90a Total 1 401 1 2823 3 1 311 20,000.00 Page 147 of 504 February 4. 2016 Mr. Colin Oroff, P.E. Utilities Director Boynton Beach ' hies 124 E. Woolbfight Rd. Boynton Beack FL 33435 As -Directed W Services Dear Mr. Groff - "ss Enginewing appreciates your request to provide Servioes t the City. For these services, we understond the engineers provided wM serve as an extension of your staff to facilitateprogression City engineeringtsm We followingpropose the categonies and respective billingrates for this Project &e Adminismor 1 HOMUMIX—BI—ID&RAIL $115m 00 At parra °, i '! 1 "s En&eering and Construction r to amist in Z' intmal City Reiss Enghwering appreciates the opportimityesu services to the City Boynton Beach. Plow do not hesitate to contact me any time at 1) 331-1614 regarding this lefter proposal. ReissWMI kadng® Inc., e 561.331.1014 Village Square sirs 1 FL 33410 Wwrel"Ong.awn Page 148 of Good afternoon and thank you for speaking with me eariler this afternoon. Per our discussion, plea se see the attached proposal for our ire to Engineering Services. I'll be mntacting you with regards to ours ff Introduction meeting with you next week. Please feel free to contact me with any questions or comments regarding this proposal. We look forward to serving the C1tV through this effort. @M3M= Lance R. Littrell, P.E. REISS ENGINEERING, INC PLANNING DESIGN CONSTRUC71ON 80 V111age Square Crowing Sufte 321 Palin Beach Gambno, FL 33410 Tek 581.331.1614 Coll: TU.70L1309 Fax: 561.SN,2099 WWMU4ftjWMMLq2M MIMMM"MUM&M Page 149 of 504 SERVICESPURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT DEPARTMENT BOULEVARD100 EAST BOYNTON BEACH aW BOX 310HTE BOYNTON BEACH, FLOMDA VENDOR 15338 CUSTOM PUMP & CONTROLS, INC. 305 INDIAN TRACE #222 W, SRL 33326 SHIP T City of Boynton Beach EAST LYTIL17Y ADMIN 124 E. W100LBRIGHT ROAD BOYINrrON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST NO. PROJEWT 403-5000-53565-04 SWR075 Page 150 of 504 PURCHASING w to 1 s -i x ryS ! pq Ln I Ln Ln I 1 1 o 1 B f I I °e 1 1 1 ! I 1 1 I 1 8 ! I I 1 i kc 1 40 I 1 1 EN � H rA 1 m I:,9 Ln B w Elr D4 1 0 H W, r fry I B 1 i 1 ` 1 11'r 1 CI H �:3 ! 1 H E4 e E-1 N hi I H ! i H r a 1 ! P P r 1 ! I I ! I 1 @Is 4 P4 w pq 04 I u I o s 1 I k -I I F r H 1 HR & 1 ul 1 fi l wed H 04 I i I ! aka H El H 0 Up H 94 WE 4) uI 6 0 JX to F ! 1 1 1 P i i coo coo a000 1 §�$ LICE 1 5 awl 1"� Ct Ch �i ri V4 rG I 1 I I 1 I 1 0 d; 1 � n 1 1 fiAb I ,I paf „3 11� R P 1 Im 1 1 I I a 1 1 r I I I 1 I 1 I I I I I 1 I I I I 1 rS 1 tn 1 I 1 I 1 I �.k I � 1 1 EA I �$ I r 1 �$ f3 1 ri Ln 1 10" s Wp 11-b I i I 1 P I I a 1 1 1 I I 1 1 1 I a I I I 1 � 1 i I I 6 d 1 I 1 1 rhe 1 I I f 1 1 h 1LO I &n I m I in P 1 1 1 I Ln WOI qr I 1 I I 1 1 1 I i Page 151 of 504 CITY OF BOY7.4"IMM BEACH REQUEST FOR PURCHASE OVER $10t000 Requesting Department.- Utilities/Wastewater fbr Purchase: pump is for the urs f program to to the pump at Lift Station f Source Three Written tions GSA Stata Contract PRIDEIRESPECT SNAPS Sole saume Pik eco Budgeted Item Emergency Purchase Other Contract NOTE. Pricing proposal fbr purchase must be presented In the some detail contained within the oontmct. I-F-u-n—dSo—urce for Purchase: n Page 152 of 504 ° °g.L UNTRY D' 1 5 0, . --------------- £n H.Sagel Dmto°n �.................................. I VENDOR INFOR&LAX10N. .,. � , Custom Plump � � � trots, Inf �,� � � Dale. , ,�€ � 1i� .. _.. .....M.M � � ................................... Mon: 305 Irmfiba , to #222 Commuction Date: Needed. --3,25/2016 Cwths � i BACKLYP DOCS. E LI IRTNY. U MIMED . U0 ver $5001954-2,99-5156 Saying Quote Wriftell"I (X)) I F, 41 � pm day D 93 V'emick,m EM Imurarm.� ro r ents, NA T 'S , b L P gproje&t thmkam SWR 07 s .M 03 "an �N e ..MF.M. and D Bas-- � e �€ k 161L6%0,00fi" 6 " ' ea�� ----------- L--------��������m�� � � � _______.M.� ���� M.N.. .M.M.M.M.M..� �.�„�.m��.����.M.M.M.M.M.M..9 .M.M.M.M.M.M. .---------- ���". ��— ---- — ---- ------------------' --- - .........M.M. ......M.M.a e r e e e e e 3 Page 153 of 504 The City of Boynton Beach f 124 ° Phom (561) (°561 OFFICE OF THE DIRECTOR OF P MES QUOTATIONS ITEMS REQ�MSTED: RePlacement Pump for lift stations #602 A-17ACH THEABOVE QUOTATIONS TO REQUISITION PURCHASING DEPT Page 154 of 504 i{m5Custom Pump Ph: (954)299-5156 Jacksonvilleice:(904) 858-9605 & Controls, Inc.Jacksonville 305 Indian Trace 0222 e-niail. tjrLut cLustanall Weston, Fl. 33326,w ,.,.m,.,. Re., Pump Station n. 602 r cost:sewage pump and accessories: KSB Submersible sewage pump, KRT K 150-401/266XG-S, 30 HP, 1150 rpm, 230 volt, 3 phass. Equipped with 4011 cords, Flygt claw and SS. Lifting ball, Total $16,160.00 a 198 Obs Please contact us should you have r questions on this not n Thomas J. Marinace 'i Floridai Page 155 of 504 Boynton Beach Utilities City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Attention- Jim Hart Subject: Replacement Lift Staflon Pumps We am pleased to offer the fbilowing for your consideration: WWRM Jacksonville One (1BarnesHDA mm1, 40 HP, 1750 RPM, 230 Voft, 3 -Phase, " Submersible ible Pump rated to pass 4" spherical solids. Pump to be shipped with #13831 QXF 50 ft, Power Cord Assembly. PRICE: rd Pump - JjjJL40,.00- Plus Tax, Delivered For FM Listing For " Fint Claw Adapiter - Add 1100.00 PRICE: rd Pump - IiZ&65.00 Plus Tax, Delivered For " " f All the above pumps have r pro-r.ated warranty. Price is validr 30 daysthis date .. Factory, freight allowed Payment Terms Subject to Account to Please contact us Wth any questions, or if we may receiver valued order Sincerely, Approved and Aoceptedr Purchase Neffm Dab SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 1368 SW 121h Avenue, Pompano h, FL 33069 Toll Free (800) 3964182 Phone ) 781-8400 (954) 1-8434 + www.sepump.com Page 156 of 504 Conditioof ri: 1500 GPM 0 60" Electrical Service: 230V/30/60 HZ sm I Homa 350/34. , ., 1 Pump .', ," i l� r, , 40'povier cord, also I Homa part7321 er l;r l (1) Homa part#8734112, ,1.2, O I fbr F frame Delivery Induded Delivery is F.O.B. Barney's Pumps. Start-up and training services are NOT induded. or bolts, piping, field wiring, etc. are not Induded. If shoo draw1bas are mulred for approval, olease request them from our offlce. The fbilowing Items are Bull .____ Perflormance curve X-", PmductOetafls Prices qwted are firm fbr 30 unl= oftrMso neftd), then subject BARNEYS PUMPS,INC. to t to agra w0i Om at time of slApffatsuWd to any tax requiredy l Issubject to Bamey's Pumps standard terms of saleandwarmnly. serve you and r orda, Authorized S111groture Page 157 of 504 Email Quote - Boynton Beach Utilities Boynton Beach Utilities -' Cate: 4120/2016 Page 158 of 504 HP ,� DLscharge Size vChage mmmmmmmmmmmmmmmmmmmmmm M�M��mMm*mmmmmual 230V VoltageNO mm��mmm�mmmmmmmmmmmmmm � �,wmmmmmmmmmmmmmmmmmmmmmmmmmmmm mmmm Full 85 A mmm��mmmmmmmmmmmmmm M (Speed)0 w Pump lgh 1285 Now(gpm) 1500 Head (t 60 Wet Pit or Dry Pit? �Cooling Wet Pit N Option (Yes or N Cable Length 49 ft Hardware K;t (Yes or No?) YES Pump Raiff Bracket Include (Yes or N ����.�m�mmmmmmmmmmmmmmmmmmmmMmmmmmmm5-yr' arranty Standard Availability None in Stock - Extended Lead Time f no ire stock) 14-16 weeks Freight Included (Yes or No) Yes �� �,��� _ roro�' `' a� � �� ? '?��,��� � � rororororororom®mm,�wrorororororororororororo�ro applicable). Mu-Cluote valid f m Page 158 of 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161182 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/31/16 VENDOR 16054 SHIP TO: TO� AL P.ACKER FORD LINV Cit'y of Boynton Beach AT" PACKER INC PUBLIC WORKS DEP AR"I"MEN11' 1530 NORTH MILITARY TRAIL 222 N.E. 9TH AV TUE WEST PALM BEACH, FL 33409 BOY'llrr-ON BENCH, FL 33435 — - — ------------ - - ------------------------ . ....... ORDERING DEPAl'iTMENT, FLEET/EO, FlEGUISiTION NO, fs rs A Is 6 r "Im ellSSl0N APPROVED: — — -------------- - - - - - - - --, — — -------- E X T END E D LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST (COST 1 9466.54 DL VEH REPAIR DUE TO ACCIDENT , VEH 1.0000 9466.54 # 3627 PROCUREMENT SERVICES, f P.O, TOTAL ACCOT T INO. PROjEC"T 50-1-5000-590,09-85 lillfillAll 9466.54 Page 159 of 504 REACHyes : it - OVER $10 000 , .....n ;,nffai requialorm combined. REQW, 666M fo,, r $9,486.54 - DMIMS to VGhI*W 3027 due W soMerit (Thqr& could I)WWbty be a -RuMVISMOnt 4 n 1. t to moment rOTAL, ,` M* Iw Purchase SMS ewitmat ` I - Contract, Number. 4Y w ft oxftaii K itr lM $ -95 Page 160 of 504 I 0 to 1 I �I 1 're,I 1�4 ipq1 ' 1 Ir"1. 11°1 as„ I 1 I B s 1 �°1 1 I , I 1 1 1 I 1^� I r 1 I I I f i I f f 1 ca1 E I 1 pq � 1 11$ I I"� 1 EHM nof 1 r r 1 ~ I f I e B I 1 I I 1 r 1 1 �e 1 ew1 1 I ' I 1 I I 1 1 I I 1 1 I I I 1 1 I I I 1 �1a I I 1 1,x,1 1 1 I I r 1 1 q�1 I I 1 I 1, ,1 ul 1 1 VI u� I mr kn w 0 ra 1� 1 r=a>h vel 11'9 �A 'TV 1 I'm xar. 19 I E-4 i i 1 I Iia I 1 I I 1 1 �a 116 in r ko ILD 1 I 1 1 r I I 1 1 I I I 1 1 � I I r $ 1 r 7 a, 1 1 ,gip I 1 1 1 I I 1 1 I f 1 f 1 04 1 I ce, 04 1 y�"�� �k� I f 1 I I 1 BA I 1 1 k�l 1 f 1 I Ej 1 I I 1 1 I � I f a I 1 1 1 �$ 1 "PM CJ I04 1 NO H %D I 1 HN 5y I Ch 1 1 IWI Ln f f�f FMI Q 1 1 H ED I 02 m H m I "t 1 1 Page 161 of 504 0 Copy Work — Number of Copies: .x..Double,91ded I Collated & Stapled.,... Distribution: E3 TYPO from the attached / transcriptlon Vendor or Person to be reirnbumed: Request f Al Packer $9,466.54 Account Number. 1- 1 1 .4 1 Project List Items wiQuantides & unit cosia an the back of this request E3 Verbal Quotes to 1 m r: V o Vendor. Cost Vendor: Cost. f , Request complisted by:, Date completed: uuuu� aauuuuu . „uuuuuua gqq Please sign and MUM this form to the Office Stafra w feelf 162 of 504 Boynton Beach Fleet Maintenance Workorder Unit 3627 d 362" Workorder Number " 5 LT Daleffirne: 5/16/9.6 :10-16-12 LYNCH ,Mer i ACCIDENT ,uu,.u.H,., .uuuuuu. ,xi,u; ._.. ,xi.uuuuuuuz SyStem Code FRONT END DAMAGE ,xi,uuua.._.-_.-M,w� Cause Code 1.1rie. System ods Cause Code cft! 0 AL PACKER FORD E&W WoMle ID. let2dbeg AL PACKER FORD UNCOLN Federal M:52-0959690 l ra 6W01242A0430 1530 N MIUTARY TRL, WEST PALM BEACH, FL UMV-01100 Modef,: R)SION 5 Production Date; State: Vahkie Out, Phone:33409 1x1392 Idrr. Job FAX:(561) 686-8880 TRANSPUMSWN Ir Corkliboring Preliminary EsUmate Customers. City Of Boynton Beach Job Number: Insured., h TyM of Low: Point , 12 ftent Cfty Or rtl PWocilAL PACKER FORD EAST Wriften By: MwW Aosterman livipwZon € 1,530 Irk MILITARY TRL ST PALM «. a RepaIr Fadity h. Imurance Companip Year 201 SE 27" 219 Mileage in: 2008 MaWv FORD Engine: . 4-15L41 urmw, Mileage OA: Modef,: R)SION 5 Production Date; State: Vahkie Out, Color: BLAOC Int;, Idrr. Job TRANSPUMSWN Ir Corkliboring POWER nitWhed M Player &Kjmt seats Power Sizeeiing Cruisel Amfliary Audio CDnnecdonRediring/Lounge Soft larmi, Brakes Rear loftger SAFETY WHEELS Pmer Windows sr Id Ir ft Alunninum/AlloyWheals Passenger r ft FAINT Mirrars Mesage Center AnV- ar Cost Paint rig Wheel Touch Controls sc Brakes OTHER Dual F11=3 TeleswpIc Wheel Front Sidi Import Air oNs Tracdon Corsvol Camera /Parking Sensors Head/Curtain Air Bap Stabiftl CorrwW!Rwage RADIO Posbacdon Power TrunklCate Release Overhead Consrie AM Rado Communicators CONVOUINCE FM Radlo Hands Free Device 5124/2016 12:50.25 Em Page 164 of 504 Prellminary EaUnmft CuMmers. CRV Of Boynton ftach 3ob Numilim Vehide: 2016 FORD R) IO S 411 SED 4 -2.5L -FY. BLACK Une PAO Radiator Oper DenAption Part Numbw Qty Oftnded Lobo, P0111t 44.00 34 AIR C0111D.M, ONER & NFATilk Price 35 Repl Condwoer 1 FRONT BUMPER & GRILLE 1.3 M 36 DedLvL for OwAap 2 37 # Sub[ Evacuate & recharge O/H ftwt bumper 12100 X 38 17 3 Repl Burnpar cmrer w/o aubD park w/o DS7217D957AAPTM I 32LI5 Ird. 3.0 1.1 tow hook Add lbr C3ear Coat 1.2 5 Repi Emblem D67ZB213A 1 6 ReO Abwrber w/o tow hook ES7217754A :I 19= Ind. 7 Real 1"TAct bar w10 tow hook (UHS) DG9217757& 2 fto LT Sicle Aim w/o fog lamps w/o 7217 14 I anglne heater 9 Repi Lower grille black ftsdure D57Z17K945AB I 10 Repl Grille surmund DS7ZS419AA 1 Ind. 11 Rep[ Upper gd1le DS7ZB2008A 1 2M Ind, 12 RP4 Irwrt # 2 DS7Z820DEA 1 sm Ind. 13 Rapi Insed # I D37Z820012A I AM Ind., 14 RMA XwA # 3 DS7Z8200FA 1 51M Ind, is Repi hwrt # 4 DS7Z820DGA 1 W. 16 ROPI In # 5 DS7Z820WiA I Endm 17 Re;A Lcow rmldlng chrome DS7ZB4198A I Irvil, is RepI LT Front retalner 721'7 37 1 UAL 01 19 FRONTLAMPS 20 Repl LT 11 Kamp w" DS72I30089 I affLH Ind. 21 Alm headamps 0.5 22 Repi RTHeadlamp 13008A I I%M Ind. 23 RADUTOR SUP�6ii 24 Re;i Mount parel Hammillo plant DS7Z16138B I L44.12 21 25 Rep� Upper de bar DS7ZOA284A 1 22 9.2.6 1..2 0.8 26 ReO Lwv- Ide bar DS7Z161,38A I 2W.R Ind, 27 Repl Lower shleld 1 39B I Z= 03 28 Repi Shutber amembly w/o adaptive DS7'18475A I 33LU m Ind,, cruise 29 Repl Sight Weld 1726A238A I na 02 30 # Rpr Rough pull 10 F morn" 32 PAO Radiator DG9280015D 1 IM62 M 2.5 M 13 Repl Coolant 2 44.00 34 AIR C0111D.M, ONER & NFATilk 35 Repl Condwoer 21. 71.2 1 19-2A rn 1.3 M 36 DedLvL for OwAap -0.2 M 37 # Sub[ Evacuate & recharge 1 12100 X 38 HOOD 39 Repi Hood D51 128 1 1.7 2.8 40 Add for Clear Coat 1.1 5/24/2016 12:5M25 PM 029926 Page 2 Page 165 of 504 PM11minary Esdnmft customeir., c1tv Of Boynton ftach 3ob Number.- Vetdck, 2016 FORD FUSION S 4D SED 4 -2.5L -F[ BLACK 41 Add for Underskk(Cornoetp) 1.4 42 Repl 1 DS7716738A "im Ind. 43 Repl LT Latdi DS7ZI6701B 1SO Ind. 44 Reln KT Latch D57ZI6700B 13= Ind. 45 Repi RTIfnge DS7ZI6796A 1 Alm 0.9 0.4 46 Add fbe near Coat 0.1 47 PAp] LT Hinge DS7ZI6797A 1 I'L2Z 0.9 0.4 48 Add fbr Cear Cwt 0.1 49 FENDER so ReO LTA DS7ZI6006A I 1z= 14 2.0 51 Overlap Major AQ.. Pond -0.4 52 Add for Clear Cwt 03 53 Add,for Edging 0.5 54 Deduct for Dmdap -0.3 55 Deductflor Oveft -0.5 56 Iko LTi Fender kner 721 10 I AM Ind. 57 PAPI LT fillertrim DS760039A 1 2&U Ind. Repi LT Upper madding w/bright him ES7Z16DQ3DA 1 73.07 Ind. 59 RWnWNT wkj'ns 60 Repl LT Head air bag DS7Z54042D 1 3zzrd rn 0.8 M 61 Repi Ddw a1r bag frorn 6/16114 DS7Z78G43B13AC I =,Z m W. M 62 Reo 0ockspring w/o hwed whml EG9Z14A6646 1 lum m 1.4 M 63 Repl LT Pm* sensor MZ10004A 1 53A m Ind 64 Repi LT Side l sens quaftr panel CP9Z14MA 1 5= M 0.2 M 65 Repl LT Seat bait usy dwarcoal 61'1 22UL45 03 M 66 Reo LT Budde end 6120 1An 01 M 67 Repl LT Knea air bag DG9Z5404537799 1266.53 rn 0. M 68 # RESET AIRBAG CC94PNTS 2.0 M 69 ROOF 70 Repf Haidiner w/o HYBRID or FS7ZS4511916AB 1ME 3.2 EIDE RGI-Hermasill o plant chamed 71 PILLARs, iocr= & FLA= 72 Repl LT Wndshld pIr trim from DS7ZS403599AF AM 0.2 11104/14 char=1 7-3 Repi LT UPr dr or Ift d DS7Z 24357AD I Z) 0.2 74 Repi LT Rear sill plate chmmal D=5413229AB AM. 0.1 75 R&I LTR molding black 0.7 76 4 Rpr LT Apertu re pand '77 Overfap Major AdJ, Pand -0.4 78 Add thr Clear Cost 0.5 79 l 1 095 x SUNTOTALS 7,018A4 29.8 1L8 NOTES 5/24/20:16 12:58.261 029926 Page 3 Page 166 of 504 Preliminary Esthunte Customers, C1tV Of Boynton ftech Job Number: VeNde: 2016 RJPD rU.510N S 4D SED 4-233-r-7 BLACK THE IS WrniOVr THE BENEFIT OF A TEARDOWN.- ANY OTHER DAMAGE VWLL BE ADDTrWML COST ES77MATE TOTALS cawpry Bask Rate ent $ P arts 6,828649 Wy Labor 18.9 hr s $ 38.00 /hr 716.20 Paint Labar 16A hres th $ 3B.00 fir 638.40 MWan1cW Labor &9 hr s 0 $ 75.00 /hr 667.50 Frame Labor 2.0 hr s 0 $ 44.00 /hr W00 Paint Supplies 161 hr s 0 $ 20.00 1hr 336.DD mismfilar iews 189.95 5 9,466.54 arsed Total 9,AGG.54 DeducUble 0100 CUFFUNER PAY 0.00 INSURANCE PAY 9,466.54 .512412016 12:58:25 PM 029926 Page 4 Page 167 of 504 Preliminary Estimon Custornwo. CIty Of Boynton Mach Vehide: 2016 FOW RJSMN 5 4D SED 4-2301 BLACK Some 2016 vehides contain minor changes from the previous year. For those vehicles, prior to recelvIng updated data from the vehide manufacturer, labor and parts data from ft previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and pilces should be conflnned with the local dealership. The following Is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m=MOTOR Mechanical mmponent. s=MOTOR Strmtural component. T-141sceiia neous Taxed charge category. X---- Miscellaneous Non -Taxed charge category. SYMBOLS FOLILOWING LABOR: D=Dlagnostic labor mtegory. E=Electrical labor category. F=Frame labor catWry. G=Glass labor category. M=Mechanical labor category. S=Sbuctural labor category. (numbers) I through 4=User Defined Labor Categories. CCC ONE EsUrnating - A product of CCC Information Services Inc. The following Is a list of abbreviations that may be Laed In CCC ONE EstimatIng dwt are not part of ft MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA -Environmental ProtectionAgaicy. NHTSA= National Highway Transportedon and Saftety Admiris bration. PDR=Paintless Dent Repair, VIN=Vehide Identification Number. 5/24/2016 12:58:25 PM 1029926 Page 5 Page 168 of 504 a kV � AOORW ED MORSE CADILLAC ftfthi ID. W026CCS `` 4 op 2300 S FEDEW HWY, DELRAY BEACH, FL 33483 Fedmi ID. 590558323 e6034"W Phone. (561) 276-2441 Preliminary LiUmptij CuAnmers 80YKMN BEACH MY 1 Imnoics n . 51/21 11:18.,03 AM Get live updates at mwWQjngr.&QMLeL22EbE til 1 1 pop" 1 Page 169 of 50 VEHICLE 21'VIN.3FA6P0G79GR3W219 mump In, Model. VOWS a pr.' BLACK Ent., ora Job i s TRMSMIMON Air CmWkkvVng Shveo 001h seats Intermiftt Wipas POVINA f1 wheei CD Roff RedUrqAzirge Seats Pover rig Chdse CDntTd AuAllaryAudio AJurdnunVAJ10V Ddwrs SIde Ar PMNT POW& LOW i ftwenor Air Ng cear cat PWt POWImp araka f4) OTHER DECOR orfCbntrol Mmif Kmn Tei 1 SIde krpd Air Rags stawlftv W/Pbridng Swa=f 1 Air Bap Pow TWCate Relause oxwWsk"ge Wo Hands Ru Davlae. CONVENZWE FM Rado SEATS 51/21 11:18.,03 AM Get live updates at mwWQjngr.&QMLeL22EbE til 1 1 pop" 1 Page 169 of 50 P"dimhury Eor"te Custimmn BOYNTON BEACH Crff "iftle. 2016 FORD RWON S 4D SED 4-2.31-F1 K4CK oper DOXAPtion ftrt Number Qtv Extanded, LOW pdnt Price I MLONT BUMPER a OR= 3 Roo BurAW aw w10 auto park w1c DS7Z1'7D957AAP1M 425.40 Trd. 3.0 tDW Imck 4 Add fbr Clear (bat 5 Add fbr park anwr L2 6 R&I "Ism 0.7 hd. 7 Repi LT RoM mtpinw DS7Z17E957A 50.a7 0.1 a ReO ILS"' 1ner DS7ZI'7C9479 42.75 Ind. 9 Repi Ab=bir w/b tow hook ES=7W 1 159.12 Ind. 10 Reg Irnpsd bar w/b tow hoi* RJW D691'7757A M.08 1.1 11 RO Upper Was DS7ZB2009A 114.97 Ind. 12 ReMWftr griNe blw* ften OM17K945AS 1 101.92 13 Repl stffroxrd DWv? 167,25 14 FRON10"r 1[k,,,%f4Pj,,, is Reo P.T He3dwV aW 407.96 16 Aft Wsdamps 0.5 17 Rspll Er flfea�!"", � WWOObB 1 19 PJ%DTAWX1, SUPMRT --- - - - - -------- 19 RaO Uppet Us bar DS7ZSA284A 1 3111.30 1.2 20 Repl Mourt pwW Fiat Rock plgrt D57ZI6138C 1 09.62 zi 21 REpi SW shkid WMfiA230A 1 45.47 0.2 221, P-01 LvwshMd DS7ZBM0 114.12 0,3 23 Repi Shuftr w,�v-woly jkyro j ,Ipdve DS 7ZB475A 651.19 M Ind. 24 COOLING 25 R&I Radkftr F 26 FW ri 4xidy w fn 2.5 28 Repi DWZ19712C 1 143.02 m 13 29 Ac Sm*2 Mvajaw, &'narAwive M L4 30 AC $&,Wm mftwant remififty rn 0.4 . .. ... . ..... 33 ROO Hood DS7ZI6612B 1 671.73 1.7 2.0 34 Add for Ckw Cut 35 Add fbr UmWde(CampkW) 1.1 36 RO Kr Hinge OSM6796A 1 63.59 0.9 1.4 0.4 37 Add fbr Cear GDO. 30 RmO LT HkVe D=16797A 1 63.58 0.9 0.1 0.4 39 Add b,� aear Ovt 40 ReO LT lAch 097ZI67019 1 0612 lnd. 0.1 41 ReA RT Latch 097ZI67008 1 5815 W. 5/1712016 11. la003 AM 011801 Pap 2 Page 170 of CLuftnbw,m BOYNTON BEACH MY 20154-2,SL-Fl BLACK iii OL'fi 43 RW RT AW fbnder wiy w L .44 Deduct fbr Ovedap .5 46 Dow for ovalap m5 47 RW RT Fwdiff UrAr 48 ReO Lr Pander Oner DS7ZI6103A1 129.87 Ird, 49 Repi LT ft -da DS7Z1W06A I 262A7 1®5 2.0 50 Ovedip MAW Ad). ftnd -0.4 51 Add for 0wr Cod 52 Add fw Edgirg 0. S3 Deduct far 0vWqp -03 ®5 55 50 LT Ltpper nwft Wfadght bim ES?Z16W3DA 1 73.07 1` d. 5�w ., .� r beg ftrn 6/16/14 DS7Z-17M13913AC 1 429.05 rn 59 fir beg sydem diagroo Ck 5 51 0 R wt su= CP9Z14BGw1 01,®5 m Ind. 63 Repi LT Sent belt €,, 54011 301,.22 0. LT Wdde end dwod DG97-5461203AS 105A3 0.2 66 Rid LT Red ftit sot 0L5 67 PILLARS, ROCKER & FLOOR 68 Rpr LT Apwtum panel S in 3 69 0"Hap Major M. Fand 4 n Add for Ckar Cod1 72 &I d ( 74 d L NCta1.1 1 - . ������11FF kk ft- Rg,'k] $ i �'t a dt"'fl l�+'9 , �w , �eTn� w. ...... m� m eeo .w.n - m.aw .mo r..Fs a<ar+wS t a 77 RW RW emsde asay 0.7 panel78 RW RT Sde dwirml Ll .81 SuM Hazardous waste removal 1 3.00 8 D�h�a� � � �, � I al l a� �'�uv��td �u4 a wae. .ac.,�mam rem,�.uar slry (1�< tr. ww: ouw.�rc.. -. �.„.vw.w,ss -,. xn un�vaan ,wv '€n --.wanawa, -wv.jw�uma cs.'.�,m.-,e ttiwuar;us+a, res. s,omwa mwF,v�mm. a,aw.axmca 84 R&I Bafty 700 amp 5 5117/2016 11*18:03 AM 011801 age5 Page 171 of 1 4-2 s wraME RW v a .1 �, r ...— ---------- M ����� ` ..,...._ .. , , m°°°°°°°�r,�wwww------------ W, .......... a ..... ,. �uAA°°w°°°°°°°°°°, � �>� NNNNNNNma vuuuuuuu �...................... 90 0 PULL MSM 2. 1 # Rpr Damage ft , damps Owl 0A , # PxA CWw cir 1 10.00 Con ori pubwVan 1 ISM l FUK WdEve 1 S00 SUBMALS 3396 20A ESTZMATETOTALS Wwory Bads Rob cost 7,011.80 Body Labor 32.6 tri 0 42.00 1hr 1,411.2 Point Lzbor 20.0 two 0 42.W Paint SUPPRes _I 210 2. 520. 00 &JAM.... 9,783.00 Wand 0.00 CUST014IR PAY „PAY 0.00 INSURMCE 11:18.03 AM Page 4 Page 172 of Preliminary Wmate VeNde: 2016 FORD RJSION S 40 SED 4-2.SL-K 11f 16 I L: 18:03 AM 011801 Page S Page 173 of 15 FORD RMON 5 4D SO 4 -2.5L -M 2016 vehkJasI in r changa ftm the prabushGH date ftm the vehicis rnanufactumr, labor and parts data from the prwbus year may be used. 7M CCC ONE estftator has a list of appikablehl- Parts numbem and prkes should be corOrmed wkh the kxal dealership. The fbilowlng is a list of addfflwal abbreftdons or symbols that may be used to describe work to be dDne or parts to be mpaired orreplaced: SYMBOLS FOLLOWING PART PRXE: Mechanical component. rad Component T-Mhxmllaneous Non-Taxed CCC ONE EsUrnating - A product of CCC tG Inc. Mm folloydrig Is a list of abbMviationst may be used In CCC ONE EsUmating that are not part oF the MOTOR CRASH ESUMAIING 1 irm EPAmEnvimnmental Protedion Transportation and Safty Administration. PDR=Pa1ntkw Dent Rqmlr. VIN=Vehide IdenthIcaUm Number. 5117/2016 11:1ro 011801 5 Page 174 of . .3C54W7C Federal a 46-5415674 Lot Us Put The Pride Badc In Your 653 NE Sth Avenue, Delray Beach, FL 33483 Phone: (561) 732 FAX: (561) 819-5655 Preliminary EnUmate Cuaftmer. BOYNTON BEACH, CITY OF Ing H, CFTY OF TVix of L=-, Impact.Pd"t of Owner, company,BOYNMN BEACH, CITY OF Wrftn ® Donald Lempi lawrance Year 2016SED VIN: 3FA6PDG79GPJM19 Milmole In: Make.. FCRD in . +24L -Fl +24L-Fl Uce : l g Out: fftdeh FUSION a Vekdde Color K Int CD b TRANSMISSION Air l I seats Autornaft TlansmIssion, Intemittent Wipers SeardeSeek Bud& S mts POWER ft whed C) Player Redring/lounge Seam Power Steering Cruise Control Audliary Audo Corviedon WHEELS Power Brakes Rw Defogger SAVEFY AlunAnunVAllay Whab Entry Drivm51de AJr Bag PAIRrr Power Lodm Alarm Passenger AV lag aeur int Pmw Mirmrs Messageter And -Lock Brakes (4) OTHER DECOR SbmIng Whed T h "rrecdon Qntol Dual Mirrors relesmpic Whed Front 51de Impact Air Bags Stability Mrs Gemara /rag Samors HeWCurkaln AV Bags Power'Trunk/GWA r lPosItractlon Ovediead Console AM Radio Heads Free, DeWce CONVENIEWE FM Rado SEATS 116 2:q4:51 OEM EM Page 175 of 504 Preliminary EsUmate Customer: BOYNTON BEACH, CM OF VehIde. 2016 F -CM RISION S Q SED 4-2SL.FI MACK Una Oper D"Wptlon Part Number QtV E3ftnded Labor Point Priem I FRONT BUMPER & GRILLE 2 O/H front bunVa 0 0.00 2.7 0.0 3 RW Bumper wwr w/o auto park w/o 15=17D7AAFTM :1 495.40 Ind.. 3.0 tow hook 4 Add fbr (3ear Coat 0 0.00 0.0 1.2 5 Reo RNn er DS72I7C947A 1 42.58 0.1 0.0 6 Reo LT SW retain, er DS7717111478 1 42,15 W. 0.0 7 Repf LT Fmnt. retainer 7Z17 057 1 '50, 07 01.1 0.0 a Repi Emblem DS7ZB213A 1 4&06 I. 0.0 9 Repi Absorberw/o tDw hook E5M7154A 1 159.12 Ind. 0.0 10 ReO Lroact bar w/o tow hook (URS) DGSZI'7757A 1 59948 1.1 0.0 11 RerA Wile surrDunA DS7ZO419M 1 167,25 Ind. 0.0 12 Reo Upper grille DS7ZBZOCBA 1 114,97 Ind. 0.0 13 Repl Lower grile black teftre 05217 1 I01.92 hw. 0.0 14 Reo kwo. # I DS7ZB200DA 1 75,22 Ind. 0.0 is R90 Inmt # 2 DS7ZB200EA 1 7728 ind. 0.0 16 Real Inmt # 3 5, 20 1 78,,48 Lnd. 0.0 17 Insaft # 4 DS7MOM 1 78.27 ln. 0.0 is Ir rt # 5 DS7ZO200FIA 1 '77.40 Ird. 0.0 19 Repl ILower mokIng dworm WZ941911A 1 123.60 Ind. 0.0 20 FROWLAMPS - 21 R&I Kr Pleadlamp, aW 0 0.00 10 22 Reo Lr Headamp my DS72I30080 1 39134 Ind. 0.0 23 Alm headamps 0 100 0.5 0.0 24 Repl LT Headlarnp assy mount bradcet DS7Z23AGOSA 1 131,98 Ind. 0.0 25 RADIATOR supi,61tr' 26 Repi Mount pamd Flat Rack plant DS7216130C 1 56%82 21 0.0 27 Repi Upper fle bar DS7ZBA284A 1 31830 1.2 0.8 28 Repl Lower de bar 0S72„16138A, I I52.35 Ind. 0.0 29 Repi ILower shle4d DSM3499 1 114.12 0.3 0.0 30 Shutter assembly w/o adapthm 057SA 1 651,19 rn N. 0.0 CnAse 31 COOLING 32 RePI Radftr DG9280050 1 24431 m 2.5 0.0 33 AIR l66NDiFi6N11R&' H-EAT'ER 34 Repl Condenser DG9ZI9712C 1 143-02 rn 1.3 0.0 35 AC SmAce evamvft & reftrge 0 0.00 rn 1.4 M 0.0 36 AC SerWee rof*Xant nowmry 0 0.00 M 0.4 M 0.0 37 Deduct for LNw6p 0 0.00 -0.2 CLO 38 HOOD 39 PAO Hood I1571 120 1 67:113 1.7 2A 40 Add for CLear Coat 0 0.00 0.0 1.1 41 Add for Undamlde(CDrnplete) 0 0.00 0.0 1.4 5/16/2016 2. K51 Phl 311849 nage 2 Page 176 of 504 Preliminary EsdmnU Customer: BOYMN BEACH, CrTY OF Vehide: 2016 FORD PJSION 5 V SED +15L -F7 BLACK 42 Mpl LT Hinge DS7Z379A 1 63.58 0.9 OA 43 Add tor Clear Cot 0 0.001 0.0 0.1 44 Rao RT Latch DS72167008 1 50.75 Ind. 0.0 45 Repl LT Laloch DS77.167018 1 86.72 lnd. 0.0 46 FENDER 47 Rpr RT Fender 0 0.00 2.0 48 Owdap MaW Adj. Pond 0 0.00 0.0 -01.4 49 Add for Cker Cut a 0.00 0.0 0.3 so Reo LT Fender D771 I 262A7 1.6 2.0 51 Dwrlap Major Adj. PwW 0 0.00 0.0 -0.4 52 Add for aear Coat 0 0.00 0.0 0.3 53 Add fbr Edging 0 0.00 10 0.5 54 Deduct fbr OwAsp 0 MOO -03 0.0 55 Deduct fbr OwAap 0 OXG -0.5 0.0 S6 R&I RT Upper molding w/bright trim 0 0.00 0.2 0.0 57 R&I LT Upper mddlng w/bright him 0 0® Ind 0.0 58 REFMAINT SYSTiNS 39 RiO Dflyer air bag ftrn 6/16114 DS7Z7W43BL3AC 1 429.05 m Iri d. 0.0 60 Rep� LT Knee air bag D=5404537799 1 266.53 m 0.4 0.0 61 Repi LT Head a1r bag DS7Li4042D950 1 491.57 m 02 0.0 62 ReO Cloftprfng w/o heated whed EG9Z14A6648 1 195.63 m 1.4 0.0 63 Repl RT F=W sensor CP9Z1480NA I SIAS m Ind. 0.0 64 Repl L7'Fnmt sensor CP92140MA 1 SIAS rn Ind. 0.0 65 Mo LT SWe Impact sens front dow DVZ1411145A 1 54.02 m 12 0.0 66 Rep? LT 9da Impact sem quarter pond CP9Z148004A 1 81.45 m 0.2 0.0 67 Repi LT Positim sensor DG4214fiA 1 48.73 m 0.2 0.0 69 Rep] LT Seat bdt awy charwal =Z54611BWAC 1 301.22 0.3 0.0 69 Reo LT Height uguslAr dmrcoal GG9Z546D2B8W 1 70.27 0.2 0.0 70 Repi LT Budde and charcoal DG9ZS461203AB 1 105.63 0.2 0.0 71 Rep[ Diagnosdc unft from 7/14/14 57214 21 1 495.93 rn 0.3 0.0 72 ROOF 73 Rei Headiner w/o HYBRID or FS7ZS451916AB 1 1,142.58 12 0.0 ENERGI-HenricWllo plant charcoal 74 P&LARS, ROCKER FLOOR 75 Rpr LT Apeftre panel 0 0.00 S 76 Ovedap Major Adj, Panel 0 0.00 0.0 -0.4 77 Add for Chw Coat 0 0.00 0.0 14 78 Repl LT Wndshid pir tdrn trom DWZ-5403592AF 1 21.50 0.2 0.0 11/04/14 cha=W Repi LT'Upr ctr p1r him chanmal DS72357AD 1 4837 01 0.0 80 FROMiDOOR 81 Bind LT Outer pand 0 0.00 0.0 1.2 92 R&I LT Bdt molding 0 0.00 0.3 0.0 83 R&I LT R&I mirror a 0.00 0.4 Q0 84 R&I LT Hande, oLftde w1a keyless 0 0.00 0.3 0.0 entry/sbirt 5116/2016 2654151 AM 311049 Page 3 Page 177 of 504 Preliminary EsUmate Cuftrmr-, BOYNTON BEACH, C17Y OF Vehide. 2016 FORD R)SION 5 V SED +231.-F1 BLACK as R51 LT RW trim panel 0 0.00 0.5 0.0 86 # Subi Hazardous w&5W renwal 1 2,50 10 0.0 87 # Repi CDver car 1 Y.O.00 0.0 0.0 SUBTOTAL$ 10,00L13 27A 16.9 ESTIMATE TOTALS cato,gov Bads Rate cost Parts 10,005.13 Body Labor 25.2 hr s a 40X0 1hr 1,008M Point Labor 1619 Fars 0 40.00 /hr 676.DD Mechar9cal Labor 1.8 hrs 68.00 ft 122A0 PaInt Supplies 16.9 hrs 23.W /hr 388JO RAwal 12,2 0013 grand Tatal 12,2M23 Dedudble 0.00 WSTOMER PAY 0.00 INSURANCE PAY 12,2OL23 I DO NOT REQUEST A WRrMN ESTIMATE. D/-LTk-_ . . ....... . .... . METHOD OF PAYMENT: VISA/MC/AMEXjDLqC INSURANCE CHECKS PERSONAL OiECK ***NO CHARGE FOR ESTIMATES*** ***LIMMD LIFETIME WARRANTY ON REPAIRS*** ***NO GUARANTEE ON RUST*** 5/16/2016 2:34. -SI PM 311849 Page 4 Page 178 of 504 Cusftmer,. BOYNTON BEACH,, CITY OF Vehift 2016 FORD FUSION S 4D SED4-2.5L-Pl BLACK Authorized Phow# 5/12016 2.R:51 PM 3118" Page 5 Page 179 of 504 Preliminary EsUrneft CuMaworm. BOYNTON BEACH, C2W OF Vehift, 2016 FM FUSMN S 4D SED 4 -2.5L -F] BLACK Some 2016 veNcles contdn minor changes from the previous year. For those vehides, prior to receiving updated data ftorn the vehide manufacturer, labor and parts data from the previous year may be used. The COC ONE estIr ator has a Ust of applicable vehickm Parts numbers and prices should be confirmed with the local dealersNp. The fbIli wing Is a list of add1 abbreviations or symbols that may be used to describe work bo be done or parts to be repaired or replaced - SYMBOLS FOLLOWING PART PRICE' m*MOTOR l4eftnical component. s=MOMR Structural componeft T=M1sceJlaneous Taxed charge category. XmMiscellaneous Non -Taxed charge category. SYMBOLS FOLLOWING LABOR: D=Diagnostic labor category. E=Elecb1cal labor caftory. F=Frame labor cat'eWrV. G=Glass labor category. M=1VIechan1cal labor category. S=Sbuftral labor catWry. (numbers) I through 4ser Defined Labor QtWrles. COC ONE Estimaiing - A product of CCC Information Services Inc. The following Is a list of abbre0ations that may be used IE Estimating that are not part of the MOTOR CRASH ESTIMATING GU,IDE: BAR*Bumau of Automotive Repair. EPA=Envlranmental ProteWon Agency. NHTSA= National Highway Transportation and Safety AdmMistradon. PDR=Paindess Dent Repair. VIN=Vehide Identification Number. 5/16/2016 2:54:51 PM 311949 Page 6 Page 180 of 504 Prdiminary Eedm@W Customer: BOYNTON BEACH, CM OF Vehide: 2016 FM FUSION S 4D SED 4 -15L -F1 BLACK ALTERNATE PARTS USAGE Year: 2016 Body Sty1w 4D SED VIN: 3FA6KGMR398219 "16098 In: Make: I -ORD Enbaa e, 4-25L-Fi ucaw: mileage Out Madd: FUSION S Pwvdudon Date: stftn Vehide Out: Cdw BLACK Int Ca r hi W a n, Job #: 5/16/2016 2:54:Sl PM 311849 Page 7 Page 181 of 504 This document was created Wth W1n2PDF available:1 int f. m- The unregistered version of WIn2PDFIs r evaluation or non-commercial use only. This ill not be added after purchasing W1n2PDF Page 182 of 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161185 BOYNTON BEACH, FLORIDA 33425-0310 DATE. 05/31/16 VENDOR 16054 TO: Ali PACKER FORD LINCOLN AL PACKER INC 1530 NORTH MILITARY TRAIL WEST PALMBFMCH, Fl. 33409 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARUINENT 222 N.E� 971 7%?FAIM- BOYNTQ14 BRACF, FL 33435 E=MED LINE# QUANTITY U01M IT FX 1140. AND DESCRIPTION WIT COST COST 1 2593.23 DL UNIT 3633 ACCIDENT MIDAIR TO FRr,)'NT 1.,EFT PROWREMENT SERMCES. ACCOUNT NO 501-5000-590u09-85 Ms= assam Page 183 of 504 r A I 1 a ! ! 1 ! 1 f � p ! A ! 1 ! 1 I ! f ! ! 1 ! 1 1 t j ! 1 / ! j A 1 I ! 1 C ! ! t 1 I f 1 1 took r P 1 4 fuN- Of I 1 r C111W 1 1 mal C ! 1 f / 1 A 1 1 a000 1 �� 1 e E SA "Mtn ny 1 I PC ` 1 N 11 f 110 104 F 1 ! r i 1.1 a j 6 ! a r 1 ; ! r A r ! ! r to r CJ a i 1 1 1 1 i 1 1 ! 1 1 ! € 1! 1 ^i4 r r .. a � di 1 r 1 1 1 r i a 14 0 1 a f � a 1 'r f � fel i IN i a Page 184 of 504 Daft. RewestliV Deparinjer*. F-ww,,Mll Canted Porson: W, i Anns I Tillb Is 2 MSIS MOns wwbined, REO,# W886 jk,�,r $9,480. Eg - DSMS9e to A sit Me# 307 dus, to amcilwit r 00 Id posW t be a rhm u b y 1SUPOISMent that would make A a total loss) REW 8,616,37 for $2,593,23 - image to sklehide# 3633 due to TOTAL COVIBINED- $12,06,9,,77 Pumhamn (check and aftch backup mabris —a, ISN 7,110,108 wredw cAllouftis Ej G&A '7 suft CW* PIRME sws RESPECT powaw* Enw".,W Pwchaw Off1w NLP.nber Page 185 of 504 Callabd a aspiad if WW 1 »n,onnrtufd011ku,m»,+m, vinWA'Jim,nmt,nmtumMix�mueneorwwww,uwv3a'�.kms:.n:.�.:ao;,el=x''�ememmm,um,uw.�w.3e'S�4,nn.'�G,uomnt�bN,Vomteot,mai4'�a1"Nw1um,um,w+vvumumw,umnnUuig�mR'min::�maallRod�kwnn�..x�:annwea".aujwm,wen'S�U�SSA*Y��W'ulwuuuw'Fwsavrvumum,�we Al POakw FOrd $2,59313 Account Number. 601-2al"19AS41 PnIVA NIL: �$10,000 Form - AtkschW. xm�c- .. ssavma-�.. Waz N uwwwn .. ww«w«www=;„ ,wwx a,rvMeuruw:, fm 20 01810 any CommenlB below. 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WAMAKY ON M "S ms&A7k, 011401 PW3 Page 201 of pmorrim" mAraRm cumme" WVWM WAVE MY VaNde 3016 POW MM SOM4,,LL-FI BLUE s '411.4'rAsm, Immov Atm Page 202 of 504 ...................... . . . . ................ cuslamen DOWN IWO MY vd*hl=5K", A=h's-wM+vlL-Pl'Gwl = ONE ft*MVrQ - A PlOdUCt d = IfftIMUM S@rVkm IM Ito fbkWrg W g ftL d jjbbvvWw umt mly be und hl = ONE aftudng t1vt am not part d dw MDIM CRASH WTTMATM GUME: W-Ikmu of AAMON Repair. EPA-WAmwmtd PMMM AGNMY. NMUMI HMMMI NOMY 'ftMW,rftWbn OW Sd* Adrill6biftn. FDR-FbkdW& DIM RqMN- VIN-V8hWG MMMI-Oftn NU"*W W, 19/2, 4316 a � Nsm 1-1) 75 AIM, 011901 �mt, Page 203 of 504 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O #: 161186 BOYNTON BEACH, FLORIDA 33425-0310 DATi. 05/31/16 VENDOR 16080 TO: STUDIO SPROUT 521 257."A STREET WEST PALM BEACH, FL 33407 REQUIS11110N NO, 66,472 ORDERING DEPARTMENT, SHIP TO: City of Boynton Beach PUBLIC WORKS DEPA.RTMMqT 222 N.E. 9TH AVE=E BOYMON BEACH, FL 33435 N DATE NEEDEDO: comM.838,10N APNROVED, - - ------------ Ll NTE # QUANTITY UOM ITEM NO. AND DESCRIPTION 'UNIT COST PROCUREMENT SERVICES. ACCOUNT N. 001-24.3-52431- P.O. TOTAL: am Page 204 of 504 X fr-1 w to H W "Cam WHto 0 N ONO 8 2H o g cr ?A 0 1 "a ZZ04 in 05 H Do Irri all H tag go Pw SM C q 0 C4 NEI H r. w H H rf R4-,Icq mw ra, a F Me. MI -0 z 4pb<ry i 0 % & too F� rt Fto 9 Oil IN CP ff 0 mr)?p rAtim tv 1-3 M 0 PAQ 0 akCL H ',I w � ri Fig woo cm' el La 4 add as vxx rA q 5 0 N P, rt Im c VA Z-1 yep tn CD m w m x FA H 9 Q pq 4.3 w z a H SF 3 0 K, D, 11 IIR I - PH, a !q 14 N 0 H v Z7 U 14 v- 0 v m i tr pq GF g 0 C5 AP Ic alb CID A vj Page 205 a"gEr205 of 504 �} CITY OF ,r BEACH REQUEST FOR PURCHASE OVER $10l000 a �s u 51W2,016 sDepartment:2gLjveMwq 001-2413-524-31-90 Fam RevIsed 02J01002 Date --'S/h Date Date Pate ,n Page 206 of 504 Page 207 of 504 A Page 208 of 504 REQUEST FOR OFFICE ASSISTANCE FROM: Andrew Mack Dafg: 04/26/16 *PRIORITY I DATE NEEDED BY. 13 Copy Work — Number i Dhibibution. l trequest) 13 Request fbr 1211DIrect Pay Req. for t Vendor or Pemon to be mimbumed. -4 m�m�m�--- t -241 524 - - �Project . Request fbr Requisition - 13 File As: 13 OTHER: Spechil Irmtrucllons: O iba bnk +fir to ss s a s, a% avy ze ats :a��';wn a ff'n %>.. S!;, spsmst "'19" ssR 4,raS4jz1As" ars inir malo; rwW^ 5: D ofto rM1-36sul GenwW Cxmauffing Serwras OuVmcft RM001,7482,11,4141DA m So as dWars Mewf s e nassn W Owned Cost at, an tKA'ss- ah "3145,0Dphis fsy adynbiissr aft' s ow .... - %>.hr..�. tcompleted k Pismo sign and return this fbnn to the Office Stafirs Inbox; " free to make any comments below. Page 209 of 504 Thank you for the opportunity to provide services to the City of Boynton Beach for Plat Review Services. Our subconsultant Michael B. Schorah and Associates, to exceed estimated fees per task order plus two hours of administrative assistance at $80-00 per task order. Our proposal consists of this letter and the attached proposal from Michael B. Schorah and Associates, Inc. with its terms and conditions. a= Constance E,, Roy -Fisher 521 251h Street, West Palm Beach, FL 33407 P 561747-3462 "_W_-st_ud_i0_-_sp_mutcom LA 0000907 LCCO00213 �l 6 D[5() Page 210 of 504 SURVEYORS 0 DEVELOPMENT L ,521 2 5M Shvet West Palm Beach, Florida 7 RE: City of Boynton Beach PlAt ROview Services r Cbapter 177 Florida Boynton Beach, Florida Land Development 1 Section 2 for 1 Aft., Connie r, SME 205 I S50 FORM HSL R 'WEST RALM MACK K MM MNE (5 81) BOMOSO FAX 1) 842-9726 The staff tm ® Associates, Inc. i for Surveyfollowing ices for your review and consideration. A. Plat Dedication Sheet Review I . Review legal �q ° tip dedications, , m i i �q bre a tion. notes ,titlelocation maps to conformity Chapter 177 I m plauing mgulations, ReviewB. Plat Map Sheet PrePAre Plat Comments Letters I m Plat conunents letter outlining all revisions associated withreviem as 1t relmst Surveying matters in tilt i . 177 F.S.) local Boynton PlattingBeach regulations. m This does not include 1te Plan and or legal sufficiency reviewm CIVIL a SURVEY DRAINAGE H HIGHWAYS 0 WWW.SCHGRAN.COM Page 211 of 504 MICHAEL D. SCHORAH Page 212 of 504 ACCEPTANCE STATEMENT This ed agreed addendum together i th Schedules 'A' and V, has been reviewed by the t the fees quoted herein. Signed: DaWName and TRW: pdnt or type) Page 213 of 504 MICHAEL B. SCHORAH & ASSOCIATES, INC. SCHEOULE"A" Ownership of Docum@,113 Michael B. Schorah and Associates, Inc., YAII retain ownership of the OrIgInal documents pertaining to this project and 011 not release copies of the some without authorization fmm your agent. It Is further understood that fqllure to makq a ment In full wit I 1212milkAlpfiff(I nm - - - ----- ----- No Portion of this agreement shall be deemed waived unless suck) wmi Page 214 of 504 WCHAEL B. SCHORAH & ASS1,00KITS, INC. 0. Grade b. Grade II C. Grade III d Grade I Manager (p . R fw Principal ® -- 9 "Three -Man Crew a. Grade I b. Grade II C. Grade III m Grade I SCHEDULE " Schedule f Hourly Rates and Other Charges r® . �. . r. F. r. IS 60.001hr Vii, Inspector w$ 70.00/hr, ., $145ZO/hr. 40. $ 55.001hr. Page 215 of 504 a. Grade I b. Grade II C. ProfesslonW Surveyor a Mapper (Pa o) Manager (p . R C Two -Man Crew . "Three -Man Crew a. P. , I for General0. Office Inst 0. Senior Bookkeeper e. Contract IIr tion f mce Manager ., $145ZO/hr. 40. $ 55.001hr. Page 215 of 504 MICHAEL & SCIMRA)"I & ASSOCIATES, lNC. $250-00/hr. 4 hour minimum charge per day for Courtroom appearance $100/esch AT COST AT COST AT COST $0.35/mile Page 216 of 504 Allbranall, Julianne From: Mack, Andrew Sent: Wednesday, May 11, 2016 8:58 AM To: Allfibra ndi, Julianne ® Livergood, Jeffrey Sub)wL- FW: Purchase Order Request - Studio Sprout - Survey Services (Plat Review) Attachments: Request for Office Assistance Form - Fiflablepcif, Plat Proposal 04.25,16.pdf 00 Here is the backup, If you can get with Studio Sprout to set the up as vendor and get itswitched over to the it will be greatly appreciated. Adrianna must have ran out of time before she went on vacation to fix It. Thanks. Andrew P. Mack, P. E., CBO, LEE D AP, Director of Development/City Engineer America's Gateway to the Gulfstream Please be advised that Florida has a biwadpublk records low and all carrespondeiwe tome via erwil maybe subject to disclosure.tWer Florida records low, ernafl addresses are public records. Therefore, your aM ownmunkation and your e-umif address may be subject to puNk disclosure. From: Mack, Andrew Santos Tuesday, Aprfl 26, 2016 11:50 AM To: 13mm-Arencibla, Adrianna Cc: Uvergood, Jeffrey; Roberts, Chrlsdne Subject: Purchase Order Request - Studio Spmut - Sun" Services (Plat Review) Please see attached request for office assistance and the task order proposal from Studio Sprout for survey services (Plat Review), to the proposal Includes a proposal from Michael Schorah & Associates whom Is the subcontractor. This is just back up fb r the PO. We are using them aff of the general consulting services contract with Utilities Department. Their proposal is an hourly rate with a not to exceed cost. The account number for Professional Services does nat have enough money to cover Dave Kelley's invoice and this P0 request. Page 217 of 504 I suSpst we transfer salary dollars from vacant position In engineering (001-2413-S24.12-10)to cover these services. I have copied Jeff and Chris for their input as well. Andrew P. Mack, .„, CBO, LEES AP, Director t r America's f str Please be advised that Florida has a brow publk records a w and all correspondence to me via emaH may subject to discluxuroxnder Florida records low, eumil addresses s are publk records. Therefore, your e -=H comnxinicatlon and your fl addrem rmy he subject to public disclosure. Page 218 of 504 6. H. CONSENTAGENDA 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on June 7, 2016. EXPLANATION OF REQUEST. The City Commission met on June 7, 2016 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes REVIEWERS: Department City Clerk Reviewer Foyle, Judith Description Meeting 06-07-16 Action Approved Date 6/16/2016 - 11:16 AM Page 219 of 504 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 7, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Joe Casello 1. 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 Jim Cherof, City Attorney Judith A. Pyle, Interim City Clerk Interim City Clerk Pyle called the roll. A quorum was present. Invocation Apostle Tommy Brown, New Disciples Worship Center, gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor McCray Vice Mayor McCray led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant pulled Consent Agenda Item I, Purchases over $10,000, to discuss the shades for Intracoastal Park. Commissioner Casello pulled Consent Agenda Item D, Approve settlement on a current utility account for previous owner's utility service for the property located at 908 NW 1St Street. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Page 220 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote June 7, 2016 The motion passed 4-1, (Mayor Grant dissenting.) Mayor Grant thought the motion pulled the Item D from the agenda and learned it was pulled for discussion. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 3. OTHER A. Informational items by Members of the City Commission Commissioner Casello advised he attended the Boynton Beach Food, Wine and Brew event and participated in Memorial Day Observance held at Memorial Park. Commissioner Katz explained school was out and he can attend more events during the day. He went to the Copper Point Brewery Anniversary event and the Boynton Beach Food, Wine and Brew Festival. Last week, he attended the Memorial Day Ceremony and the D -Day Anniversary ceremony. Vice Mayor McCray attended the Memorial Day Celebration and the D -Day Anniversary. He had requested a citation for Mrs. Queen McClendon and he thanked Mayor Grant for attending the party and presenting it. Vice Mayor McCray explained Mrs. McClendon had played a part in his life and she attends and still is a member of St. John Missionary Baptist Church. Mrs. McClendon is 100 years young. She was an integral part of his life. He asked her why she sits in the back of the church and she responded it makes no difference where you sit, just that you get there. Commissioner Romelus met with the attorney representing Olen Properties and met with residents of Lake and Diane Drives and from other canals in the area. She attended the Food Wine Brew Festival. She would like the Festival to grow to a point they shut down Ocean Avenue for the event. She attended the Memorial Day Service at Memorial Park and she was humbled. She attended the South Tech High School Graduation Class of 2016 and congratulated all who had graduated and their families. She hoped the graduates would return to the City and continue to serve to make Boynton Beach great. 2 Page 221 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Mayor Grant advised on May 18th, he and other Commissioners attended the Palm Beach County League of Cities Gala. On May 19th he attended the Metropolitan Planning Organization and met with the Rotary of Boynton Beach/Lantana, the Police Memorial Awards that night, and the CRA Community Officer Program. He commented they were looking to expand the program and join with Raise a Village and partner with the Boy Scouts for the Heart of Boynton Program. He spoke to Leisureville residents, attended Diane Springer's retirement party, and the Family Fun Fest at Carolyn Sims Park. On Saturday, he presented resident Leonard Ross with a Citation for participating in the Honor Flight. On May 22nd he conducted the Gold Coast Band, he met with the developer of Cortina and attended a Sister Cities meeting and advised Sister Cities was looking to partner with Loimaa, Finland in the future. He attended a meeting with the Strategic Planning Group (SPG) consultants and met with Lake Worth Commissioner Maxwell and the City Manager regarding support for the Braves coming to John Prince Park. Mayor Grant attended the Police Department Traffic Safety awards where Gwen Mills and Officer Anthony Petriello were recognized for their outstanding service. He attended the Boynton Beach Mental Health Committee and the Crosspointe Elementary School graduation. He attended the Memorial Day event at the Cemetery, met with RN Logitec, and Green Light Energy International, who will work with City staff on the Strategic Plan to have more efficient lights. He met with the Rabbi of Temple Beth Kodesh, attended an ice cream social at Boynton Bay Apartments, the Harry Martin photo shoot, and Kids Learning Adventure Daycare locating in the former Pete Rose Ballpark Cafe. He attended Movies in the Park, and the grand opening of "The Box" for the new Boynton Beach Art District's coordinator Rolando Chang Barrero. He attended the Children Oasis International Man of the Year event and the Bible Church of God on Sunday and listened to Sheriff Candidate, Alex Freemant and Public Defender candidate William Abramson. He presented the citation for Queen Esther McClendon who turned 100 on June 4th, and gave the keynote address for the D -Day ceremony. He met with Feeding South Florida, a non-profit coming to the High Ridge business complex, and met with the President of the Boynton Woman's Club. 4. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the annual "Bob Borovy Student Citizen of the Year" Award by members of the Education and Youth Advisory Board. Dr. Tiffany North, Chair of the Education and Youth Advisory Board (EYAB) explained the Bob Borovy Student Citizen Award was created in 2000 to recognize a graduating high school senior who best exemplify volunteerism and service to the community. Bob Borovy was a veteran and former Children and Youth Advisory Board member. He was active in Boynton Beach for many years. High school seniors write essays about what they have learned by volunteering in the community and provide three letters of recommendation. The winner must be of good moral character, have done significant 3 Page 222 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 volunteer work and made significant contributions to the community. The award is funded through donations secured through the EYAB and the decision is made by a panel of judges including last year's winners. The second place winner of $300 was awarded to Hannah Berry. Ms. Berry graduated with a cumulative GPA of 4.17 from Boca Raton Christian School and Dr. North read letters from her teachers praising Ms. Berry's notable integrity and work ethics. Dr. North explained Ms. Berry went on several mission trips and engaged in activities to benefit underprivileged persons. She also volunteers in churches and has many extracurricular activities. Ms. Berry was recognized. The first place winner of the $1,000 Student Citizen of the Year Award will have their name placed on a permanent plaque in City Hall. Dr. North announced this year's winner was Kyler Correia. Dr. North explained Mr. Correia graduated from the Atlantic High School International Baccalaureate program and had volunteered over 1,500 hours for various causes. Dr. North noted the many attributes listed in his letters of recommendation. Mr. Correia will be attending the University of Southern California studying chemical engineering with an emphasis on petroleum engineering and a minor in business. Mr. Correia, the first place winner, arrived later in the meeting and was recognized. B. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. Carole Lundquist, EYAB member, explained the Youth Volunteer Bank was created in 1997 to facilitate, promote and reward youth who volunteer. It is a cooperative effort with the City, local businesses and individuals, volunteer organizations, and youth volunteers. Twelve volunteers from grades one through 12 recorded 1,033 hours of service. Since inception, 807 youth recorded over 60,500 volunteer hours and $22,770 in savings bonds and prizes had been awarded. Those present from the Youth Volunteer Bank were recognized. Commissioner Romelus expressed her pride in all the youth; especially Cody and Wyatt Craig, her neighbors, and all the parents who strive to make their children citizens of the world through community service. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Wacky Water Day" event, which will be held at the John Denson Pool on Saturday, June 18 from 10 a.m. to 1 p.m. Wally Majors, Director, Recreation and Parks, announced the June 18th event at the John Denson Pool. He explained the event is part of the Play Outdoors Unplugged series. Calendars and postcards with the schedule of all the events for the rest of the year were in the back of the room. I:! Page 223 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Last month, the Recreation and Parks Department held Family Fun Fest on May 21 st at Wilson Park. This was the first year for the event which was organized under Event and Program Manager, Mary DeGraffenreidt, who does an outstanding job scheduling activities at parks so families can enjoy a fun activity at little or no cost. The event was free and about 75 people attended. Those that participated received information from different services available to the community from the Solid Waste Authority, Officer Swan of the Boynton Beach Police Department, the Children's Services Council and the Schoolhouse Children's Museum. The events showcase the City's parks and they have a lot of partners to help the Department to provide events on a regular basis. Mr. Majors listed the Wacky Water Day activities and invited all to attend. Mayor Grant asked if there were new slides at the pool and learned the City replaced the original slide with a three flume slide that is very colorful. D. The City Commission, CRA Board and respective staff will be having a Strategic Planning Workshop/Special Meeting on Friday, June 24, 2016 at the Intracoastal Park Clubhouse, beginning at 8:30 a.m. This meeting is open to the public. Mayor Grant announced the workshop. This meeting will be recorded in the Sunshine. E. Announcement of CRA Redevelopment Plan Public Workshops: Not in the Sunshine A third (3rd) public workshop will be held on Saturday, June 11, 2016, from 9:00 a.m. to noon in the Boynton Beach City Library Program Room located at 208 South Seacrest Boulevard. Mayor Grant announced the workshop which will not be held in the Sunshine. A fourth (4th) public workshop (stakeholders/development community) will be held on Tuesday, June 21, 2016 from 9:00 am to 11:00 am in the Boynton Beach City Library Program Room located at 208 South Seacrest Boulevard Boynton Beach, FL 33435. Strategic Plan Initiative Goal 2 - Energetic Downtown: Focal Point for Boynton Beach - Action Item 2.3 - Consolidated CRA Plan Mayor Grant announced the workshop and reiterated it would not be held in the Sunshine. E. Proclaim June 6-10, 2016, as Code Enforcement Officers' Appreciation Week, Chris Yannuzzi will accept the Proclamation on behalf of the Code Enforcement Division. Mayor Grant proclaimed June as Code Enforcement Officer's Appreciation Week. Chris Yannuzzi, Code Compliance Coordinator, and his staff were recognized. Mayor Grant read the proclamation and presented it to Mr. Yannuzzi. 5 Page 224 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Mr. Yannuzzi thanked the City Commission for the recognition and explained he just finished his second week as Code Compliance Coordinator. He acknowledged former Code Compliance Coordinator, Diane Springer, for her 17.5 years of dedicated service and the great work of the officers and staff. It was noted Officers Pierre and Cain were not present. 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) Butch Buoni, 450 Horizons East, #305, President of the Sterling Village Condominium Association, referenced 601 S. Federal Highway which would come before the City Commission. He understood zoning changes do not have to be approved with any legal consequences. The Association prefers a 45 -foot MLU -1 District instead of a 75 -foot building. Shared parking will be a factor with Pence Park that does not have enough parking. He commented there did not appear to be compatibility or a demonstrated need for the project and the scale of it was not right. He noted MLU -1 and MLU -2 is only a recommendation and Las Ventanas increased traffic considerably. He did not know how 500 Ocean would affect the area and thought the possibility of the project becoming a rehabilitation residence was present. Sonny Garcia, 1631 NW 3rd Lane, noted Mayor Grant made a statement on May 27, 2016, to the Palm Beach Post that he does not involve Commissioners in his decisions because he was told he is the Mayor and this is the Mayor's meeting. Mr. Garcia pointed out the agenda indicates it is a Commission meeting. All on the Commission are elected officials, and they all must make things better for Boynton Beach. The Mayor holds the meeting, but the entire Commission makes the decisions. Commissioner Casello explained the comments may have been taken out of context. The Commissioners are stewards and the meetings belong to the people. Mayor Grant was trying something new because he was told he could. Commissioner Casello noted due to Sunshine Law, the Mayor is unable to speak to the other Commissioners before implementing a new procedure for the City Commission meetings. Moving forward, he will talk to the other Commissioners if wanting to implement something new. Mr. Garcia thought he should be careful of his quotes. Vice Mayor McCray thanked Mr. Garcia for his comments. Edwin Ferguson, 41 W. 27th Street, Riveria Beach, introduced himself as a candidate for the District 88 seat in the Florida State House of Representatives. He is an attorney in Riviera Beach for 11 years and is from West Palm Beach. He gave his educational credentials and advised he opened an office in Riveria Beach specializing in personal injury, real estate litigation and closings. He commented it is important to have a statesman to listen to citizen concerns and champion their causes. He will be in the Page 225 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida ,lune 7, 2016 area between now and August 30, 2016. Vice Mayor McCray noted Mr. Ferguson and his family attended St. John Missionary Baptist Church and stayed for the entire service. Sarah Younger, 619 SW 2nd Avenue, requested the City Commission consider a resolution regarding Solar Energy. Residents have the opportunity, in the August election, to approve Amendment 4 to amend the constitution and exempt the value of solar panels and other renewable energy equipment from the Tangible Personal Property Tax for 20 years. It also exempts them from real property taxes and it lowers solar energy costs for installations which are passed on to the consumer. Sixty percent approval is needed. The amendment lays the groundwork for cleaner energy. She commented Florida has the greatest potential for rooftop panels, but only 8,500 residents have them. Less sunny states, such as New Jersey, have over 40,000 solar energy users. Ms. Younger left the information for the Commission to review. Jerry Taylor, 1086 SW 26th Avenue, was pleased the City recognized outstanding youth in the City, but read the City spent $25,000 to upgrade the Hester Park Press Box, where five or six youth caused $30,000 damage. The youth were 13 to 18 years old and he commented the youth need to be taught there are consequences for bad behavior. The parents should be held financially responsible. Mr. Taylor noted school recessed for the summer. If the families do not have the means to be financially responsible for the damage, he thought the responsible youth working for three months at the County garbage dump or some other work activity the City finds would get their attention. He thought the lesson needed to be taught now. Matt Burger, 221 SW 6th Street, Lake Boynton Estates, explained the neighborhood is the oldest residential neighborhood in the City. At the last meeting, the City Commission heard lawyers from a developer threaten the City with a lawsuit if they decided to vote down a building in a land -locked area behind their neighborhood. Mr. Burger asserted the City Commission and lawyers framed the argument the City would be sued, lose, have to pay the owners and they would build the project anyway. The City Commission dismissed the southern route and did not think about it or acknowledge it and commented seven years ago, the City studied an alternate route that was safe and would not go through the neighborhood. He recalled Jeff Livergood, Director Public Works and Engineering, had said the southern route would be a nightmare for an engineer. Mr. Burger commented engineers go to college to learn how to solve problems. He proposed the City Commission reconsider the matter. Commissioner Katz respected Mr. Burger's position, but pointed out Mr. Livergood is one of the finest employees in the City and he did not want Mr. Livergood criticized for giving an honest recommendation Minister Bernard Wright, CEO of Bernard Ministries and the Wells Foundation and Real Talk Radio commended the Commission, public audience and the City's first responders. He thanked Jeff Livergood for the two new swings that were installed as Mr. Livergood was attentive to Minister Wright who was concerned about the children 7 Page 226 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 and the community. He explained God was using him as a voice in the Heart of Boynton and Mayor Grant had previously met with him on his radio show. He asked if Mayor Grant could meet someone with a spirit for a better Boynton. Minister Wright explained the issues have to be about support of what is right for the people. He admonished the community for judging one another and explained they must come together. Jeremy Wilson, 330 SE 34th Avenue, Gulfstream Estates, commented he supports individuals with drug and alcohol issues being rehabilitated, but since he moved to his neighborhood in 2006, there has been an increase in recovery residences there. People that are not familiar with the neighborhood and traffic from vans transporting individuals have increased. Groups of people hang out in garages or in backyards making noise and fighting and vehicles speed and run stop signs with kids playing in the neighborhood. There are six recovery homes on his street and the cross street and the problem is worsening. Cars have been vandalized and gas stolen from his vehicle. People walk around at all hours of the night and the police have been called. He thought the homes should be in industrial areas because it is big business. Most recovery homes are run down and it brings down the neighborhood. He questioned if these individuals had criminal or sexual predator backgrounds or if those issues are hidden through the rehabilitation process. He requested this be put on a future agenda. Commissioner Casello acknowledged it was an issue that was not unique to the City. A Task Force was formed by the State Attorney and the City has had round table meetings with Congresswoman Frankel and the Assistant Director of HUD to address the issues legally. The Americans with Disability Act gives recovery homes a lot of latitude. The City is aware of the issue, but slow progress was being made. Jervonte Edmonds, 905 Southridge Road, commented he was impressed with the work done by Assistant Police Chief Snow, as she has created a call to action for the Heart of Boynton. Suits for Seniors is an eight-week program facilitated by Aid to Victims of Domestic Violence. The purpose is to educate senior students to provide them with an opportunity to go to college or gain knowledge. It empowers seniors at Boynton Beach High School. He announced suits or monetary gifs are accepted and it would all go to the students to ensure they are ready to enter their next stage in life. The website was www.suitsforseniors.org He introduced his colleague "Jackie" who could answer any questions. Vice Mayor McCray asked if Mr. Edmonds contacted the two officers on MLK Boulevard because they have an outreach program. Chief Snow would provide him with the information. Commissioner Romelus mentioned she had spoken to "Jackie" and she will speak at their event. Dr. Piotr Blass, 113 W. Tara Lakes Drive, was impressed with the new Commission and thought Mayor Grant's activity list was incredible. Dr. Blass advised he was in Poland and Peru continuing the University of Boynton which has about 50 graduate 3 Page 227 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 students and that the Mayor had indicated he would get a small classroom with fiber optics. He thought the Old High School would remain and house many things including the University. He proposed the City construct a 34 -story building in phases and to scale. The prime location is an asset to the City and not an expense. Dr. Blass noted the issue with sober homes and commented the ADA was not meant to destroy the City and he offered his assistance. He also understood All Aboard Florida would pass through the City at 80 mph and thought a train stop in Boynton Beach would be appropriate. He agreed the students receiving awards earlier in the meeting was great and commented when he goes to Poland, he works with the brightest students in the country and it is good to see wonderful people all over the world. Diane Lester, 2120 NE 1 st Lane, thanked Vice Mayor McCray for the acknowledgement of the citation for her grandmother and thanked Mayor Grant for presenting it to her. It meant much to the family. Vice Mayor McCray expressed the citation was from the entire Commission. No one else coming forward, Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustments and Appeals: 2 Alts Community Redevelopment Agency Advisory Board: 1 Reg Education and Youth Advisory Bd-. 1 Stu NN Historic Resource Preservation Bd: 1 Reg Library Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts CRA Advisory Board Motion Vice Mayor McCray moved to remove from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 0 Page 228 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion June 7, 2016 Commissioner Romelus moved to nominate Rick Maharajh to the CRA Advisory Board. Commissioner Casello and Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Rick Maharajh, 1627 Cetona Drive, thanked the City Commission and pledged his commitment to serve. Historic Resource Preservation Board Motion Commissioner Casello moved to appoint Dr. Pederson. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 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. R16-072 - Approve Resolution repealing Resolution of Necessity R16-020. B. PROPOSED RESOLUTION NO. R16-073 - Authorize the City Manager to apply for and complete all documents associated with the South Florida Water Management District Cooperative Funding Program, accept the grants, and execute the Grant Agreements for the three (3) projects, if awarded, total amount of funding requested was $650,000. C. Approve Task Order # U -1A-06 with Globaltech, Inc. (Globaltech), in the amount of $59,610 to prepare plans and specifications to replace the existing wastewater treatment plant at Oceanfront Park. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope A as approved by the City Commission on July 1, 2014, 10 Page 229 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 D. Approve settlement on a current utility account for previous owner's utility service for the property located at 908 NW 1st St, Samuel A. Mendez and Wendy Y Mendez, current owner. Proposed settlement: $400. Commissioner Casello pulled item D and understood the home was a foreclosure, had been purchased by a couple and the property may be flipped. There was a lien on the property resulting from an unpaid water bill. Colin Groff, Assistant City Manager -Services; Utilities Director, explained there was an unpaid debt, not filed as a lien. The Lien Ordinance was passed about two months ago to place liens on utility debt and this account was not included because the Ordinance was not in effect. It was posted as a debt on the public record that could be searched by a title agency. It is assumed it would be found. Commissioner Casello asked why the City Commission would forgive $2,500 of the original $2,900 amount. Mr. Groff responded the customer asked for settlement of $400, but staff does not have the administrative authority to settle these types of issues and it has to come to the City Commission. In all the instances, staff has the authority to work out a payment plan. Mayor Grant queried when the lien was recorded. Mr. Groff explained the debt was recorded at the time the debt occurred on the property sometime in 2008 or early 2009 and the debt grows because they are billed every month. Mayor Grant noted the debt was recorded on January 3, 2011, by Code Compliance against 908 NW 1 sr Street. The case arose September 30, 2010. The total amount was $384 for four inspections and a $250 filing fee. National Title Insurance says the debt was not recorded and the homeowner would have to sue the insurance company to get the money. Vice Mayor McCray inquired what the original amount was. Mr. Groff did not know and explained the late fees accounted for $400 to $500 of the $2,900. He explained it has only been the last two or three years, the City was aggressively turning off service. Prior to that, it would have been a year before services were stopped. When the service is cut off, there is a base fee that accrues even if no one is in the house. Commissioner Casello recommended the City Commission formulate a payment plan since it was an investment property. Mr. Groff clarified it may not be as staff was only aware the foreclosed home was purchased via special warranty deed. Until a payment plan is in place, they cannot get service. The owners offered the $400 and the City could counter. Mr. Groff explained the average bill is $60 per month and it took a year to a year and a half to shut the water off. Staff does not know when residents move out. The system then did not have a lot of data. The amount should have been paid at closing. Mr. Groff explained there is a policy issue and they will present a policy which permits some type of administrative decision making within certain ranges with specific criteria. This request will be the third residential request and there were previously two or three commercial properties. 11 Page 230 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Mayor Grant commented the letter they got from the insurance company may have been wrong. The options were to allow them to sue the insurance company or move on with building Boynton. Commissioner Katz asked about the settlement amounts for the previous cases and learned the last debt was about five months ago for about $1,800 and the customer offered $400. It was the exact same situation, the title company missed it and refused to pay and the owners offered $400. There was some discussion at the time and the $400 was accepted for the $1,800 debt. Commissioner Romelus did not want to set a precedent. Vice Mayor McCray commented the City would not recoup all the money, but thought half was appropriate. Commissioner Romelus agreed. Motion Commissioner Romelus moved to settle for half of the $2,900. Commissioner Casello seconded the motion. Vote The motion unanimously passed. E. Approve full release of surety for the project known as "Boynton Plaza - Publix", and authorize returning the $108,702 performance bond for the water and sewer utilities. F. Approve the purchase of Hydraulic Modelling software from Innovyze of Monrovia, CA, in the sum of $27,700 which includes Software licensing of $25,000 and $2,700 for annual maintenance. Innovyze is a sole source for InfoWater and InfoSWMM software modules that will be used to assist the Utilities ongoing master planning work. G. Declare 20 City vehicles as surplus and approve the sale of these vehicles via the auction process. H. Approve the purchase of two Flash CAM 880SX Mobility Starter Packages, which includes two portable, motion -activated cameras that can be deployed as needed, Purchase from Q -Star Technology of Torrance, CA under General Services Administration (GSA) contract GS -07F -0355U for $15,360 as permitted under the City's purchasing procedures. I. Accept the written report to the Commission for purchases over $10,000 for the month of April 2016. Mayor Grant noted there were two orders and wanted to discuss the shademakers. He asked if they could install trees instead of paying $64,000 to create shade. 12 Page 231 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Jeff Livergood, Director Public Works and Engineering, explained these were two different projects. The first project was about $40,000 to replace the north and center sail at Oceanfront Park. It would be harder to plant trees there because it is a harsh environment. Staff thought they could solve the problem at Oceanfront Park because the old cabling was galvanized and there were abrasions causing the sails to deteriorate more quickly. Staff will replace the cables with stainless steel. He thought it would work better and commented there would be the same issue with the south sails. Staff was also looking for other shade alternatives at Oceanfront Park such as fixed structures because, in addition to the sails, there were problems with the poles and corrosion. Staff wanted to consider longer range alternatives in the next five years for Oceanfront Park. Mayor Grant noted there was a 10 -year warranty for the sails and asked if it covered hurricanes and learned it did not. Mayor Grant asked if the item was not approved, if there would be shade and learned there would be no shade. Mr. Livergood thought the City would get five to seven years from the sails and hoped changing the cabling would help, but it would also depend on what storms would come. Some sails were already replaced, but the sails were all different sizes and were custom made. Staff required all the triangles to be the same size at Intracoastal Park so it would be easier to replace and have stock. Mayor Grant asked if there was an estimate for a permanent structure. Mr. Livergood did not as the City had considered different types of aluminum with a more decorative or artistic flair as something different should be done for Oceanfront Park. Mayor Grant asked if park attendance would decrease if there were no shade, but Mr. Livergood did not know. Mr. Livergood explained staff contemplated providing a shade system with trees next to it with a planting plan so as trees matured, they will replace the shades. He noted it takes 15 to 25 years for trees to mature. Motion Mayor Grant passed the gavel to Vice Mayor McCray and moved to wait on the shade makers at Oceanfront Park. Ms. LaVerriere explained this is a transparency item. The items on the list were previously approved and already ordered. Vice Mayor McCray passed the gavel back to Mayor Grant. Commissioner Casello asked if the City could make the sails all one size and learned they could not because the sizes at Oceanfront Park were based on height and the location of the poles. No action was needed as the items fall under the administrative spending threshold of the City Manager with a construction limit of $75,000 or purchases under $10,000. J. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ending April 30, 2016. 13 Page 232 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 K. Approve the one-year extension for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for June 7, 2016 - "Request for Extensions and/or Piggybacks". L. Approve the minutes from the Economic Development Workshop on May 3rd, 2016 and the Regular City Commission meeting held on May 17, 2016. Motion Commissioner Romelus moved to approve the Consent Agenda. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 - None 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. 10. CITY MANAGER'S REPORT A. Discuss Budget Workshop times for July 18-20, 2016. Ms. LaVerriere announced the workshop dates on July 18tH 19tH and 20th, in the Library Program Room and invited the public to attend. She explained staff tries to stagger the beginning times over the three days to allow those who work to participate. Staff lists the start time which is at the discretion of the Commission, and does not list an end time. It is up to the Commission each day to determine when they want to end. Last year, the first workshop started at 2 p.m., at 10 a.m. for the second workshop and at 2 p.m. for the last workshop. Mayor Grant asked if the workshops would be recorded and learned they would. Vice Mayor McCray commented he had a conflict, but would make adjustments. The start times were 2 p.m., 10 a.m., and 2 p.m. respectively. Motion Commissioner Casello moved to accept those times. Commissioner Katz seconded the motion. iiE! Page 233 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Vote The motion unanimously passed. B. Presentation by Debby Coles-Dobay of update to the Public Art Strategic Master Plan. Ms. Coles-Dobay, Public Art Manager, gave a brief video presentation and Master Plan update, and explained the document in the agenda backup will discuss the Plan's process, topic review and the public art engagement sessions the Arts Commission hosted. The video will showcase the existing art in the City and then a brief future public art concept of what is envisioned will be presented. The Commission viewed the video. Ms. Coles-Dobay reviewed public art concepts and where the Master Plan would take the City. She explained public art is a public process. The art is accessible and it creates environments and placemaking. There are 60 public art programs in Florida and 500 in the U.S., which contributes to economic development and supports jobs and cultural tourism. The Arts Commission reviewed City and CRA plans which were listed. A public art survey was conducted to obtain consumer and stakeholder input. The survey supported the art in the program was the art the community liked, but more functional art was wanted. The top three types of public art wanted was kinetic, eco and glass art. Future public art concepts included expanding the Avenue of the Arts and using Downtown Boynton as a cultural district. The 2010 Strategic Plan included creating public art entryways. Images of art and kinetic art were viewed that could be used on Gateway and N. Federal Highway. The pieces could be lit at night. The Town Square Plan included entryway features, which could also be kinetic art that was lit at night. Public art could be included in Sara Simms Park. The Arts Commission has always discussed having decorative features added to the water tower. It is an iconic feature which boaters use to navigate. It could also help with branding and visibility. Quantum Park is a future project and an eco -artist should be included on the team to help with planning. A picture of art at a dog park which made the park fun was viewed. The AIPP program has visioning criteria for events and programs and Ms. Coles-Dobay conveyed the Arts Commission wants to continue the programs they have that are successful. They will continue with the International Kinetic Art Symposium, the Avenue of the Arts, the Conrad Pickel Glass Art Celebration and the many artist exhibits and receptions. Ms. Coles-Dobay had announced the Harry Martin Exhibit and Reception was held on June 6. The reception went well and featured a video how Mr. Martin creates his photographs. There was an after party at Marriot TownPlace Suites with a live 15 Page 234 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 demonstration in the pool. The photographs taken underwater will be posted on social media, be voted on, and the chosen images will be displayed at the Library. A silent auction will be held. Ms. Coles-Dobay noted some pieces already sold. Commissioner Caseilo thought something should be done with the water tower and learned the Arts Commission has ideas and concepts. Vice Mayor McCray thanked Ms. Coles-Dobay for the report and thought there were many great things occurring in the City. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Mayor Grant has requested the City Commission discuss the current temporary suspension of Special Event Permitting at Sara Sims Park. On February 16, 2016 the City Commission decided to temporarily suspend the issuance of any Special Event Permits at Sara Sims Park. The February 16, 2016 meeting minutes are attached.. Mayor Grant learned there were a few requests to use the park for graduation events which were denied. He asked if anyone had comments regarding suspending permits for that park. Vice Mayor McCray explained the Commission stopped issuing permits because he received many complaints the park was being used for the wrong purpose. A resident applies for a permit for 100 guests. The party is advertised on social media and 700 to 800 people show up. Two men were killed the last time this occurred. He noted a Dade County nurse was shot and killed in similar circumstances. Since suspending the permits, there has been no loss of life and residents have not complained they cannot access their driveway. Residents indicated they want the City to improve the park, but parking is terrible. Vanessa Snow, Assistant Police Chief, explained since the moratorium, they have not received any complaints regarding ATVs or large gatherings in and around the community since January 2016. Vice Mayor McCray favored keeping the moratorium in place until the City got a better handle on what is occurring at the park and other parks with better parking are available. He did not want anyone else lose their life. Commissioner Casello asked Chief Snow how the Department would handle crowd control when there are 500 attendees at an unpermitted event. Chief Snow responded their intent is not to impede on citizens enjoying themselves on City property. The issue surfaces when there are noise or ordinance issues or streets are shut down preventing public safety access. There is a special permit. Police staff and Road Patrol is notified, who will drive by and monitor the event. If they see the crowd is getting louder and 16 Page 235 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 violating ordinances, the Officers will take proactive measures. Commissioner Casello thought it was a problem if the permit specified 100 attendees and 500 people showed. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA Mayor Grant had a copy of the 2013 and 2014 Financial Advisory Committee (FAC) Survey with 11 survey questions the FAC created that was conducted through Survey Monkey. The survey was promoted through social media and the internet asking residents, City staff and anyone else for suggestions and comments on how to make Boynton Beach better. He spoke to ITS Director John McNally who indicated the City has an account with Survey Monkey. He wanted the CRA Advisory Board to issue a City Services Survey for the CRA to determine how the City and CRA are doing in the CRA area. Commissioner Katz asked if they were requesting the CRA Advisory Board create the survey questions and learned they would. They could use prior budget surveys as a guide. Commissioner Katz asked if the CRA Advisory Board creates the questions, and it comes before the CRA Board for approval, if the Board had any authority to add or remove a question or if they had to approve or deny the survey. Ms. LaVerriere understood if the City Commission gives the assignment to the CRA Board, they can craft a draft and bring it back under reports and the Commission will look at it. Mayor Grant commented that was what the FAC had done and they had the blessing of the City Commission. If the City Commission gives the assignment to bring back a draft for review, they have the authority to make changes. Mr. McNally explained Survey Monkey is a service used to create surveys. The City Commission would need a vehicle such as Facebook, Twitter or an email blast requesting the public follow the link and participate. There would be a date certain to complete the survey, compile the results and present it to the City Commission for direction. Commissioner Casello asked if the survey could be posted on the City website and learned they could post the link to the survey. Commissioner Katz asked if Survey Monkey restricts IPS addresses. Mr. McNally explained there are mechanisms in place to ensure no one stuffs the ballot box. The annual subscription is a few hundred dollars a year. It was noted that in addition to the FAC, the Arts Commission also used Survey Monkey. 17 Page 236 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion June 7, 2016 Vice Mayor McCray commented he was in favor of letting the CRA Advisory Board develop a draft, and the City Commission approve it before it is posted on Survey Monkey. Mayor Grant asked if he would make it into a motion. Vice Mayor McCray so moved. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. New Assignments -- None Mayor Grant explained he would like to authorize the CRA Advisory Board to research additional grants for the CRA. The CRA staff has a lot to do and the CRA Advisory Board looking for extra free money would be beneficial for the CRA. Commissioner Casello thought there was enough staff to look for grant funds and did not think the Advisory Board was established for that task. Mayor Grant thought if not given the opportunity, the CRA could miss out on free money. Commissioner Romelus asked for Ms. Brooks' opinion. Ms. Brooks explained she did not know if the CRA Advisory Board has the time, because most of the members work. The CRA does not have a grants person on staff, but has received grants. One was from Solid Waste and another was from the Environmental Protection Agency. Staff looks for grants and had a grant expert work with them about six months ago to see what grants were appropriate. Some grants are not good for governmental entities and some are. It depended on the scope of work. Ms. Brooks advised the CRA had been through this and know what entities will fund them. The CRA received a grant for water taxi slips, but cannot buy land with grants funds. Most of the CRA money is spent on property acquisitions. Commissioner Casello asked if it would be helpful or if it was sufficient the way they were currently operating. Ms. Brooks responded the CRA Advisory Board is currently going through the entire CRA Board agenda, and was evaluating Artwalks. The Advisory Board members were at the last meeting until 9 p.m. and she thought it would be too much work. Vice Mayor McCray preferred the CRA Advisory Board work on the survey and they defer this item to another time. There was agreement the item would be deferred. 14. LEGAL - None 15. FUTURE AGENDA ITEMS A. Discussion of Quantum Park Overlay District requested by Commissioner Katz - June 21, 2016. fiE:? Page 237 of 504 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 7, 2016 Commissioner Katz received recommendations and concerns regarding the Overlay District as a special taxing district. Through discussion with individuals involved in Quantum Park and individuals involved in litigation pertaining to the Overlay District, he thought there were some alternatives that could be pursued that may reduce the tax burden on affected individuals and remove some of the problems that existed for the last few years. 16. ADJOURNMENT Motion Vice Mayor McCray moved to adjourn. Commissioner Katz seconded the motion that unanimously passed. The meeting was adjourned at 8:18 p.m. ATTEST >f h/' Judith A. Pyle, CMC Interim City Clerk g Catherine Cherry` Minutes Specialist 19 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Commissioner - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 238 of 504 7.A. BIDS AND PURCHASES OVER $100,000 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-078 -Authorize the City Manager to sign a contract with Florida Design Drilling Corp. of West Palm Beach, FL for the Master Lift Station No. 309 Improvements project, Bid No. 033-2821-16/TP in the amount of $1,832,000 plus a 10% contingency of $183,200, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $2,015,200. EXPLANATION OF REQUEST: On Tuesday, May 17, 2016, bid proposals were received and publicly opened for the Master Lift Station No. 309 Improvements project, Bid No. 033-2821-16/TP. Five (5) bids were received, and Florida Design Drilling Corp. was identified as the apparent low bidder. The City's engineering consultant for the project, Mathews Consulting, reviewed the bid proposals submitted by each of the Contractors. Mathews Consulting determined that Florida Design Drilling Corp. submitted all of the required bid forms and has successfully constructed similar past projects. Therefore, Mathews Consulting and City staff agree that Florida Design Drilling Corp. is the lowest responsive and responsible bidder providing the best value to Boynton Beach Utilities. Attached are Mathews Consulting's recommendation letter and the bid tabulation sheet for all bidders. The work under this project consists of work at an existing master wastewater pumping station. The scope of the work includes replacement of an existing pump, conversion of the existing generator building into a new electrical building with new controls, new diesel standby pump, structural and architectural improvements to the existing buildings, and new force main piping, a portion of which will be installed by directional drilling under the baseball field at Ezell Hester, Jr. Community Park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project will upgrade one of the master wastewater lift stations in the central part of the City at Seacrest Boulevard and NW 19th Avenue. The improvements will ensure the reliable and efficient operation of the pumping station and force main piping in order to continue to provide sanitary sewer service to the residents of the City. FISCAL IMPACT. Budgeted This project is included in the Utility Capital Improvement Program. The total funding for the project including the 10% contingency is $2,015,200.00. Funding is available in Utilities account number 403-5000-535-65-04, project number SW 1603. ALTERNATIVES: Do not award this bid and re -advertise. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 239 of 504 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Reviewer ATTACHMENTS: Date Type Description D Addendum Mathews Consulting Recommendation Letter D Addendum Bid Tabulation page 1 D Addendum Bid Tabulation page 2 D Attachment FL Design Drilling Bid D Contract Contract D Addendum Reso Bid award lift station 309 REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 6/6/2016 - 7:59 AM Utilities Groff, Colin Approved 6/6/2016 - 7:59 AM Assistant City Manager Pyle, Judith Approved 6/14/2016 - 8:25 AM Finance Howard, Tim Approved 6/14/2016 - 3:28 PPA Legal Cherof, Jim Approved 6/15/2016 - 1:49 PPA City Manager LaVerriere, Lori Approved 6/15/2016 - 3:45 PPA Page 240 of 504 MATHEWS � sCONSULTING CIVIL ENGIN EER S May 23, 2016 Mr. Jose Huertas Project Manager CITY OF BOYNTON BEACH 124 E. Woolbright Rd. Boynton Beach, FL 33435 City of Boynton Beach Bid No. 033-2821-16/TP Master Lift Station 309 Improvements Bid Results & Recommendation of Award Dear Mr. Huertas: On Tuesday, May 17, 2016 at 2:30 p.m., bids were received by the City of Boynton Beach for the Master Lift Station 309 Improvements Project. Five (5) bids were received as follows: Name of Bidder Amount of Bid 1. Florida Design Drilling Corp. $1,832,000.00 2. Florida Design Contractors, Inc. $1,851,000.00 3. B&B Underground Construction, Inc. $1,889,069.00 4. Intercounty Engineering, Inc. $1,999,428.00 5. Metro Equipment Service, Inc. $2,878,025.00 We have reviewed the bid proposals submitted by each of the Contractors. The following summarizes our findings for the low bidder: Florida Design Drilling • Acknowledged Addendum No. 1 • Provided Bid Bond (5%) • Schedule of Bid Prices was filled out correctly • Provided all required bid forms and attachments • Company is based in West Palm Beach, Florida • Florida Design Drilling Corp. has successfully constructed similar past projects. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561-655-6175 • Fax: 561-655-6179 • EB -0007929 www.mathewsconsultin.ginc.com Page 241 of 504 Mr. Jose Huertas May 23, 2016 Page 2 of 2 Based on the Bid Proposal, it appears that Florida Design Drilling Corp. should be able to complete a project of this size based on past working experience in South Florida. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting recommends award of the Contract to Florida Design Drilling Corp. in the amount of $1,832,000.00 based on the Company being the lowest responsive, responsible bidder. If you have any questions regarding the information presented, please contact us at 561-655-6175. Sincerely, MATHEWS CONSULTING, INC. Rene L. Mathews, P.E. President Enclosure cc: Christopher Roschek, City Jason Pugsley, MC MC File Boynton / 1787 / Bidding Mathews Consulting, Inc., 477 S. 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Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (661) 742-6322 All awards made as a resultf this bidII conform to applicableI f the charter and codes f the City. Name of Vendor: Flodda DesignDrilling Federal I.D. Number: 20-2779560 Corporation f the State of: Flodda Area Code- 561 Telephone Number: -2066 k, 1 FAX Number: 844-2967 Vendor Mailing : 7733 Hooper Road West Ire Beach, FL 33411 Jeffrev Hif Name Typod ALONGBoynton Beach Utilities - MaMer L8309 Improvements aA - 1 THIS PAGE TO BE SUBMITTED H sm POR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLI CHECK OFF LIST FOR CONSTRUCTION PROJECTS REQUIRED SUBMITTAL FORMS AND DOCUMENTS NAME OF PROUTa LIFT TI TS BID NO.: 033-2821-16/TP NAME OF CONTRACTOR: F1 a Des! n Drilling CqM. CONTRAC IGNATURE: 0o NAMEITITLE — PLEASE PRINT: JeffEff Hoist, Vice President ALL FORMS AND DOCUMENTS MUST BE COMPLETED, SIGNED, SEALED AND/OR NiTT—ARIZED AND SUBMITTED WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. "ARRANGE SUBMITTAL IN THE FOLLOWING ORDEFV* FORMIATTACHMENT DESCRIPTION P ENO. YES NO NIA BIDDER ACKNOWLEDGEMENT BA -1 CHECK OFF LIST FOR CONSTRUCTION PROJECTS COL -1 RECEIPT OF ADDENDUM A-1 ADD -1 BID PROPOSAL PAC, ES — ALL PAGES A1181P'Pa es BIB-1 — BI1-4 STATEMENT OF BIDDER'S QUALIFICATIONS & SBQ-1 — 0' KrTACHMENTS SBQ-6 ditional r items as needed Insert Insert Resumes Insert FORMIATTACHMENT DESCRIPTION PAGE BIDDER'S SITE INSPECTION CONFIRMATION B81-1 LLtJSION AFFIDAVIT OF PRIME BIDDER NCA -1 CK AFFIDAVIT AKA -1 ION OF MINORITY OWNED BUSINESS MOB -1 Insert ION OF DRUG-FREE WORKPLACE DFW-1 OGRAM COMPLIANCE SFC -1 Insert OF SUBCONTRACTORS SSC/M -1 OF NO BID SIT e 11cab6a, I NBA ER GENERATED HORIZONTAL BAR CHART Insert PROJEar SCHEDULE COPIES OF COMPLETE SUBMI L — OrIgInal/3 copies Insert Re uIred. XWnton'-Peach Utilities --MaMr LS309 Improvements COL -1 THIS PAGE MUST BE SUBMITTED ALONG VWTH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE Vie' ACCEPT&BLE CITY OF BOYNTON BEACH FLORIDA 131D TITLE: Master Lift Station 309 Improvements BID No: 033-2821-16/TP Having studied the documents Mathews, President,P.E. and having examined e project site (when indicated in these specifications propose to peorm the work of this Project according to the Contract received:following addenda which we have MasterBoynton Beach Utilities — THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE int r t4..8 A CKNO WLED GEMEAT OF ADDEND UM No. I REQUEST FOR BID FOR MASTER LIFT STATION 309 IWROVEMENTS BID No. 033-2821-16/T? RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM No. 1 WITH BID PACKAGEIN ORDER FOR SUBMMAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NANM OF CoMpANy: Florida Dvd� Ddliffig, Ccjrp _Leff'rey llol 4 OF RE?PRESE,,NTA'llVE PRINF NAME OF REPRESENTATIVE 'SIG�A "U"T' Addendum No.1 Page 14 Page 252 of 504 | : . -1 6rrP NAME:PROJECT MASTER LIFT| 309 IMPROVEMENTS - ©aa S2 2<«d© -<in Section 02010- : Investigation Part General; «J;- Resp«»;R31 Consulting,The Geotechnical Engineering Report dated May 29, 2015, prepared by Terracon Consultants, Inc. Mathews d Utility Soft Digs prepared by/n Map Corr otherz. . included»»« bid document are intended for Informational purposes only. Submitted y. Flodda Design DdIling Date.. 5/17/1 (BIDDER) ©. .® III I THIS PAGE O BESUBM17TED ALONG WITHPROPOSAL INORDER FOR BID PACKAGE TO BE CONSIDERED?»«»:._ AND ACCEPT\t The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract ith the CITY to perfbrm and flumish all WORK as specified herein for the Contract Price and r, within the Contract Period indicated in this Bid. h is B—id will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after date _r, i -- . In submittingi i, BIDDER represents,fully set fbrth in the Contract, that 3. BIDDER has examined the Bid Documents, including the fbilowing addenda: Number Date Number Date b. BIDDER has familiarizedif with the nature n t of the BidDocuments, locality, and all local conditions n Ism andregulations that in anyn t cost, performanceihin of the WORK. C. BIDDER has given the CITY wrttten notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. [Remainder of this left blankintentionally] %Wton Beach Utilities- Master LS309 Improvements BF - 2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID t. E � _ � , M, F4 I I LU T 0 .. Z)k- ... . . ... ........ 0 . .. 1.3 GO U) (a vo z CL 0 ui m rq- V- V- V- N OD tv LL z M 0 0 cq LU d w z w LL 3: fi .o Z 0 LLI 19 LU LU w E > 0 2 z 0 IL CL E I— z LU 0 ca I— LL X 0 m 0 In w LL 0 uj U) U UA Col V- Irl T- V- T- V- :3 Lu E r r -7 -7 r q CR LU LU ca M, F4 I I R7 gd o BIDDER agrees that the WORK will be substantiallycompleted within consecutive l nd r afterdays the receipt f the Notice to Proceed and final completion will occur vwthin _30— consecutive l nd r days after r th ti f Substantial Completion. BIDDER6. p the provisions of the Contract as to liquidated damagesin the event of fatiuM to complete the WORK on time. 7. Communications concerningthis Bid shaH be as folibm. Contact PersonJeffrey dist Business r 7733 Hooper Rosin City, State, Zip Code est Palm Beach, FL 33411 Business Phone Number 561- -t:6 Email Address �tldr°Iiiirmpn nm CII Phone Number 561-818-3228 8. Other p r in nt information is as follows - Licenser (Please AttachCopy) QGQ1 522104 Federal Tax I Federal Employment ID # 277 Submitted n this 17 day of 20 1, . (If an individual, partnership, or non -Incorporated organization) Signature of BIDDER u� ««--------------------- b. «« ----- . (If a oorporation) (Affix i) Signature of BIDD _ �..... .m.m ,. BY le. fire.. 01 Attested by Secreta Incorporated under the lam of the State of I dd BID PRICES WITHOUTTHEUAL SIGNATURE OF AN AUTHORIZED"f OF THEBIDDER SHALL BE I NON-RESPONSIVE, NON -CONFORMING INELIGIBLE FOR AWARD. Boynton Beach Utmf 1- armor LS309 ftrovements -4 THIS PAGE TO BE SUBM17TEDI I L IN ORDER FOR BID PACKAGE TO BE CONSIDEREDL L CERTIFICATE (For l rtn hip) HEREBY CERTIFYthat a meetingof the pattners of M.xi,., , , ,bxi,.buuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Partnership r the lam of the State of hold on,xi.uuuuuuuuuuuuuuuuuuuu.x�,M.xi,....,u. t, 0,xi.uuuuu,.x the fbilowing resolution was duly passed and adopted: "RESOLVED, t_....rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrtttr..rrrrrr.�.rrr.as� u. of the Partnership, is hereby th d to execute the Bid Form dated ,aM .uu .4 n the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the afficlal act and deed of this F i hip." further certify that such resolution i now in full force and effect. IN WITNESS WHEREOF, I have hereunto t my hand this , day of , . STATE F FLORIDA COUNTY OF Swom to and subscribed before n this _ day of , by who is personally known r has presented the following typef identification, Signature f Notary Public, State of Florid Notary l aped in black ink) OR Printed, typed or stamped name f Mary and Commission Number Boynton (Iii r L8309 Improvements T1418 TO BE SUBMITTEDWITH L IN ORDER FOR BID PACKAGE TO BE CONSIDEREDLACCEPTABLE CERTIFICATE (For oration) HEREBY ERTIF that a meetingf the Board of Directors of Florida Design Ddifing Corp , corporation under the laws of 'the State of Florida heid on 20 16, the following Itln was diy passed and adopted- "RESOLVED, do ,wLVED, that _jgffmy Hglst_, as VicePresident f the Corporation, N hereby, authodzed to executethe id Foffn dated May 17 2016 between the i f Boynton Beach, Florida, nd this Corporation, and that the execution thereof, attested y the Secretary of the rr r and with corporate seal affixed, shWI be the official act and deed of this Corporation"'. I further certify that such resolution i now In full force and IN WiTNESSWHEREOF, I have t my hand this day of _L Secretary FLORIDASTATE OF COUNTY F Palm Beach Sw,om to and subscribed before me on this16 day of 20_._15,,_ y Claire Dezatell who 0 is personally known to use or who has presented the following of identification: w If, try I �ii�-lorlda otary seal (stamped in black ink) OR Printed, r stamped name of Notary and Commission Number Boynton Beach Ufllftl r LS309 Improvements BF - 6 THIS PAGE TO BE SUBMITTED ALONG VATH PROPOSAL IN ORDER FOR BiD PACKAGE TO BE CONSIDERED COMPLETEACCEPTABLE STATE OF FLORIDA <«"1 E �-1 11 Ill VIRM" q I i W1 M W. submitted ft accompanying bid, dated 10th 2016 for NOW THEREFORE, =oynton Beach Uffiftlea-Mester L8309 Impmvemente BAl THIS PAGE TO 99 SUBMITTED ALONG WIy:±<+= ?L W X'2141 MOIJIM V I - t 1 (IF4,141 Florida Design Drilling Corp. Name of Firm -------------- T109 '7733 Hooper Road Business Address West Palm Beach, FI -33411 City and State Bwyftn Beach U9118se-Meater L5309 Improvements BA -2 THIS PAGE TO BE SUBMITTED ALONG MTN PROPOSAL 11,11-11.11S, P0,101111"A N"LUX AB' D VOID Il NUMBER Is NOTINKRED AEGIS SECURITY INSURANCE COWANY POWER OF ATTORNEY KNOW ALL MEN By THESE PRESENTS, THAT AEGIS SECUBTfY INSURANCE COMPAW does hereby make, constitute and appoint: WARREN M. ALTER, DAVED T. SATINE its true and lawful Attomay-in-17m% to make, execute and deliver on its behalf surety bonds, underWing and other instruments of simila nahms as follows: $5 MELLION This Power of Attomey is granted and sWed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Regolved, That the siganture of each of the following offlows; President, Vice President, any Assist Vice President any Secretay or Assistant Semvtwy and the seal of the Company may be aMad by facsimile to any Power of Attorney or to anyCertificabe relating thereto, appointing Resident Vim Presidents, Resident Assistant Secretarfes or Attomeys-m-Fact for the purpose only of executing and attesting bonds and undataidng and otherwritings upon the Company and any such power required and catififhesfinfl ed by such e signature and facsimilM e seal shall be valid and bng on the Company in the faturewith respect to any bond or undertaldni; to which it is attached." rN WrrNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be heromto affixed, and these presents to be siped by its President this 22w day of September, 2015® Commonwedth of Pennsylvania ) s.L: Harrisburg Coutity of Dauphin On this 22"6 day of September, 2015, before me personally came Darlewm J. Fritz to me known, who being by me duly sworn, did depose and saythat she is President of AEGIS SECURITY INSURANCE COWANY, the corporation described herein and which executed the above fimtrument; that she knows the seal of the said corporation, that tines affixed to'ffie said instrument is such corraft seal; that it was so afrmed by order of the Board of Directors of said corporation and that she siped her name thereto by like order. 1, the undersign4 Swetaty of a GIS SECURyff INSURANCE COMPANY, a Pennsylvania corpomdon, DO HEREBY CERTIFY that the firregoing and attached Power of Attorney remains in full foroe and has not been revoked: and fluthermore thd dna Resolution of the Board of Directors, set forth in the said Power of, , is now in force. Signed and sealed at the City of Hanisburg, in the Commonwealth of Pewsylvwala, dated this 10tkay of May, 2016 ERIN of 504 I-1111-- 0 CERTIFICATE AND AFFIDAVIT FOR BONDS TO.' CITY OF BOYNTON BEACH COMMISSIONERS R E Bid Number a Bidder: F"Jorlda,[)fr*JjEi Name: St Addraw-, 7733 Hooper Road Cfty/ State . ............ 4�113'st Palm Beech, FL Z�P: 33 -Al I Phone: 561-844-2966 Bond Amount: 5% of bid amount SURETY BOND COMPANY, This Is to certify that in accordance with Chapter 85-104, Laws of Flog da (HB 1266) the insurer named above- ftnton BOBO UHN654488ler LS309 Imp mend BA -5 THIS PAGE TO 13E SUBMITTED ALONG WITH PROPOSAL yt,}ti BIDDER'S QUALIFICATIONS STATEMENT p • '1 1 it jti: t cPP:_ 2, 2. Number of years as a Contractor in this Daniel R1t hi President Nosh Ringdahl, Vice President Jeffrey Foist, Vice President The businessis a: Sole PropristorshipEl Partnership Corporation 5. Name, address, and telephoner of surety company and agent who YAIII Provide the required bonds on this cont Alter Surety Gmup, 5979 NW 151st St, Suite. 1044 Miami Lakes, F11-323014 III= WIN Will 11=1719DEMM P1 16 MG Ground Tank Addition No SUBMITTEDBoynton Beach Utilities — Master LS309 improvements BQ - 1 TII PAGE TO 13E , CONSIDEREDFOR PACKAGE TO BE L E Vk&!1(1'2C fto Atlectmd Con'tact Tel: No, I ........................... persom .................................................................................................................... w"'ex .. Cw0c Contact Tek No, 2 111111-11-1-1--l-,111 . ...................... I .......... pelown� ............................................................................................................. .o Fw�� 10. U three SIGNIFICANT PROJECTS completed vAthin the past five years. Sao attached Your $ t Location: Subcontract $ Date No, I .............................................................................. . .... .......................... - ,,..,,.-,.- contact 'Tel: H8 e---------------------------------------------------------------------------------- Your Project Location: Sribact $ Date —No. Damm:.._.._.._.._.._.._.._.._.._.._.._.._..__ II CoyInContact Tak __82Lna --------------- pemom --------------------- Fax:___ Your $ Project Locaflom Subcontract $ DffW Na3 Amount: rArn We& Contmcking Contact Tek err rr. Fax: 11„ List. three SIGNIFICANT PROJECTS currently under construction. Your$ Pmlsct See Attached Locatiorr: Subwntmct S Date W1 Amount: ContracUng Contact Tek ax Year Prcdect Loceflom Subcofftmct $ Dets No. 2 Amount: ram Isted: Contractling Contact Tek Boynton Beach UU111des ,- Master L IImprovernents BQ ,- 2 THIS PAGETO BESUBMITTED ALONG WITH �BID IN ORDER FOR PACKAGETO BE CONSIDERED COMPLETE AND ACCEPTABLE y u` prx, ocl Location: � tlb ,,omtn;;&cl'i' �am�am�am�am�am�am�amNo, 3 .m�am�a� 97 mi Vm5-- a,� �ord jai ing Contact Tet .P.�a�`dwav�p�.Fi4x„w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w..,:w.��nau,,,,wa�„wa�„wa�„wa�„wa.,.....,.....,.....,.....,....., 12. List the pertinent experience of the key individuals o, your organization (continue on insert sheet, if necessary). - y�������������������, Yes, ellectdcall, dirvllonal t dng, controills, asphalt, coatings. 15. What equipmentdo you own that is it I r t ? Backhoe, skildsteer. I'loadier crane d( � truck. 16. What equipment will you purchase for t ? 17. What equipmentill you rent for the proposed 18. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in s ,anycontractexplainyes, below. W, Boynton Beach s. 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years, include in the description, the disposition of each petition. EM No — ------------------------------------------------------------- — ---------------------------------- 11 . .. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... ... 22. Bank References (include name, job Otis, and telephone number of contact p ) – Minimum 1 Flagler Bariek, Jose, Caroo, 15,61,43A. 1-3868 --------------------------------- 2& Annual Average Services Revenue of the Proposer for the last three years as follows - Boynton Beach Utrifties — Master LS309 Improwments BQ - 4 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO -BE CONSIDERED COMPLETE IUD ACCEPTABLE All manufacturers r their authorized vendors have been made awaref all the appropriate rti f the Bid Documentss that their materials W11 rneet all of the requirements stated therein and deliveries `ll be schieduled so as not to impede the progress of the WORK. Item Manufacturer Diesel Driven "gym ..... Dry -Pit Pump s — ac—,a,a,a---------- DD "'SW 71 an�,,,an�,,,an�,,,an�,,,an�,,,anw Boynton Beach Wilifies — Master LS309 LS'Imp THIS ITTED ALONG WITH BID IN ORDER COMPLETEFOR PACKAGE TO BE CON31DERED CCS The MDER acknowledgesundemtands that the information contained in response to this Qualffication's Statement shall ll b relied upon by CITYIn awarding the ntand such information is warranted by BWERto be true. The discovery of any omission or misstatement that materially affects the l V w quaftations to perfbrmunder the contract shall cause time ClTY to reject the B'id's and If after the mard, to cancel and terrnInatethe ndr contract. Date 6/'16/16 Boynton Beach Il!U v Master LS309 ftrovernsift Ba - a THIS PAGE TO BE SUBMITTED ALONGWITH FOR PACKAGE TO BE CONSIDERED COMPLETEACCEPTABLE Consultant/Client References John Calmes - Mock Roos & Associates Page 272 of 504 Repump #1 Rehabilitation Owner: Fort Pierce UtilityAuthority Engineer., Kimley Horn & Associates Contact: Jason Lei Phone: 561-840-0256 Amount:Troutman WTP Piping Replacement Phase 1 639,494 Change rs: ,215 ECRWRF Grit Collection Facility Improvements City of Westi c i i i y Horn ciat s Contact: Kevin c561-840-0820 piping, including all electrical and fighting, apshalt and concrete paving. Completed: May -16 On time? Yes Amount: $ 369,690 Change Orders* 30,250 POGWellfleld RawWater MainReplacement Owner: Seacoast Utility Authority Engineer: Holtz Consulting Enginee Contact: If iiiiiilliiiililliiliill !"1 1111 11111 1111rill r 11!111111111111 111111111111111m1111111 III iiiiiiiiii III I 111 --I i t'01 M., canal Completed: Amount: $ 78,870 On time? s �'. 'fit r Amount:598,989 Change Orders: $ 27,657 Page 273 of 504 Water Treatment 9 115 MG Ground Storage Tank Water Treatment Plant Eastern Well Field Well Nos. 12-14 Page 274 of 504 Potable Well ECRWRF Lower -Zone Monitor Well for Injection Well No. 2 Page 275 of 504 Page 276 of 504 I TH I I ZI Lp ED A R 2, A Ln 9 M Ln m Gj cc c LT to La EL 6q Ln m rg a . cu Ou 10 01 Tfll rl': LO o ArL Z. a CL T CL CL LL C;9 CL E f ma - Lu Page 276 of 504 EYTURNER VI?OMM64 GN DRILLING CORPORA11014 4106 GREENWAY DR JUPITEA FL 33458 V -01M this 11conse you becorft Me of O—W MOdY on , e W111cm FistWerri OcAnsed by We DePaMMSPI Of Busirwas arld Proffew3ional Reoulatiom 0,,p- professionals and buMn-esses range ,, to yadit bmkors, from, boxers to jrb us asts nanto nnd they keep Flodda's econcoy strong, Every day we wro,,k to Irromove the way we. do bu&vw & Iri cryrder to sorve tit our seMcAs. plead0q, certo Co 17off'S wly wM YOM InfenrWian il that int b aftafte a o aa ore a to depw;te M11,10vac Our mission at the Dopfiett i8'Uvose Efficor*� Regulate FI Ift, fwmtlan,�Y, salve to sonve you boter so is You C&n SONS Pur cvaotanwrrs'I hwk, you, for cWhig businoss �n Modds, anda m s., on your view, ficAnsellll RICK SC()TT, GOVERNOR (850) 487-1395 1111�,#',`:�ol SWE, OF FLORIDA B "s DEPArrME-Ator, U ',,1NES,'sRA4qD PROFESSIONAL REGULATION C001 621 ISS EM, (05,102/2014 CE RT 1 FJ ED GMVEML, CONS RAMOR HOUST, JEFFREYVURMER FL 0 R IDA DE SICI�No R*jjmo n,. RAT1 0 uv�mtse Poo �UOW,AWhl W C,*,489 P`,,'�, KEN LNWv",'-;0N, SE('1RETARVf 3A OF FLORIDA DEPARTMENT OF BUSINESS AND PROFE1,1910NAL REGULATION MPASTRUCTION, INDUSTRY LICENSINO BOARD . C 1522104 J a, 'Migr- (MMMMI, fflffi�,'INEPMA nisei. AY AS REQUIRED BY LAW Pae 277 of 504 SEQ0 04MM011 C r r r Page 278 of 504 Page 279 of 504 Page 280 of 504 and I&C. Construction Amount: $2,077,650. Page 281 of 504 Page 282 of 504 �ml,mj�� I R", 111111111111111111f,,,� I 11111111F`1111� 11111111 71 IJ ! ! I 1:41,11il''I I BID NUMBER: 033-2821-16/TP DATE: �as an authorized representative of: (Pnn���e (hereinn iter called the bidder) located at (Print Name of Company) 7753 V conflons that said 4TATIVE MANDATORY ONLY 4 M A 4 FOF INSPECTION Boynton Bweh Udliffes — WOW LS309 Improvements THIS PAGE TO BE SUBMITTED ALONG VVITH PROPOSAL INORDER] FOR BID PACKAGE TO BE CON31DERED COMPLETE AND ACCEPTAB Page 283 of 504 State of Flodda County of Palm Beach being first duly sworn, deposes and says that: 1) He is Vice President of Florida De i in Drill! (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fuily informed respecting the preparation and contents of the aftched bid and of al[, pertinent circumstances respecting such bid, 3) Such bid is genuine and is not a collusive or sham bid; '00, (Signe ffitle)__Y90e, Prtsidsnt Subscribed and swom to before me This 16 day of 20 16 DARA L MXM OMMSOKNOFF10WO My commission expires WIRE& AFd 12, M15 TkwWft , h*Uplamin Boynton Beach LOWas — Master LS309 Improvements NCA - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER] FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTAB A I�x ANTI -KICKBACK AFFIDAVIT FLORIDASTATE OF COUNTY OF PALM BEACH III Sworn ri this 1 1 ; at Large DAFLALOM WOMNISSIONW10" EX11818. 1, 11116 "OFFICIAL NOTA " STAMP SIGNATURE Jeffrey Holst Jeffrey It NAME Vice President TITLE Florida Design DdIling Colpo COMPANYa�M Boynton Beach Utilities e Master L 309 Imp ®1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSALi BID i section.CONFIRMATION OF DRUG-FREE WORKPLACE 6) Make a good faith effort to continue to maintain a drug-free workplace through As the pomon authorized to sign the statement I ®the above y-thst this !fully .,,, ',0' �m1t dor"gnature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE » I I 9 ti Page 288 0 504 SAFETY PROGRAM COMPLIANCE (attach1- Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract to the b 2. The City right periodic inspections of the contr r@ subcontractor, employees,9 etc. throughout the durationthe Contract. terms,3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety requirements established E As the person authorized to tthe statement, I cartft that this firm F it f fully with �,.above requirements. ORIZED.TU Si .. SUBMITTEDTHIS PAGE TO BE CONSTRUCTION CONTRACT MASTER LIFT STATION 309 IMPROVEMENTS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and _Florida Design Drilling Corp._, a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of _June 21 , 2016, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: _033-2821-16/TP , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: MASTER LIFT STATION NO. 309, Invitation to Bid #033-2821-16/TP. Article 2. CONSULTANT. Mathews Consulting, Inc. ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _Twelve Hundred Dollars ($_1,200 ) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until Boynton Beach Utilities — Master LS309 Improvements C-1 Revised 03/22/2016 the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _Three Hundred Dollars ($_300.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One Million Eight Hundred Thirty -Two Thousand Dollars and -0- cents (Written) $1,832,000 (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. Boynton Beach Utilities — Master LS309 Improvements C-2 Revised 03/22/2016 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings 7.10 Addendum No. 1 Dated _5/5/16 Boynton Beach Utilities — Master LS309 Improvements C-3 Revised 03/22/2016 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Jose Huertas, Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6487 And if sent to the CONTRACTOR shall be mailed to: Florida Design Drilling Corp 7733 Hooper Road West Palm Beach, FL 33411 Attn: Jeffrey Holst Tel: (561) 844-2966 Cell: (561) 818-3228 Email: jeff@fldrilling.com Article 9. INDEMNITY. Copy to: Procurement Services Division Attn: Director of Finance City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (661) 742-6310 Fax (561) 742-6322 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY 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 Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once Boynton Beach Utilities — Master LS309 Improvements C-4 Revised 03/22/2016 the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 12. MISCELLANEOUS. 12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — Master LS309 Improvements C-5 Revised 03/22/2016 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12016. CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney Boynton Beach Utilities — Master LS309 Improvements C-6 Revised 03/22/2016 Contractor Title (Corporate Seal) Attest/Authenticated: Secretary APPENDIX "C" ATTACHMENTS Boynton Beach Utilities — Master LS309 Improvements Iry cpm ::. KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 120 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — Master LS309 Improvements PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — Master LS309 Improvements PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12016. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Boynton Beach Utilities — Master LS309 Improvements PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Iry cpm ::. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _ 20165, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Boynton Beach Utilities — Master LS309 Improvements PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of Boynton Beach Utilities — Master LS309 Improvements PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12016. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND Boynton Beach Utilities — Master LS309 Improvements PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD STATE OF FLORIDA COUNTY OF as follows: He is (Title) CITY OF BOYNTON BEACH WARRANTY OF TITLE , being first duly sworn, deposes and says of , (Name of Corporation or Firm) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor () Check One which is named in Construction Contract dated the day of 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '2016. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant Boynton Beach Utilities —Master LS309 Improvements WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire)$ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident)to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified INSURANCE ADVISORY FORM $ 300, 000.00 Limits based on Project Cost to be determined 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 RESOLUTION NO. R11 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A CONTRACT TO FLORIDA DESIGN DRILLING CORP FOR MASTER LIFT STATION 309 IMPROVEMENTS, 033-2821-16/TP, IN THE AMOUNT OF $1,832,000.00 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $183,200.00 FOR A TOTAL BUDGET APPROPRIATION OF $2,015,200.00; AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 17, 2016, bid proposals were received and publicly opened for the Master Lift Station No. 309 Improvements project, Bid No. 033-2821-16/TP. Five (5) bids were received, and Florida Design Drilling Corp. was identified as the apparent low bidder; and WHEREAS, the City's staff and the City's Construction Manager for the project, Mathews Consulting, reviewed and evaluated the bid proposals as a result of the bid evaluation -due diligence performed staff is recommending the award of the contract to FLORIDA DESIGN DRILLING CORP who was the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award a contract to FLORIDA DESIGN DRILLING CORP for master lift station 309 improvements, Bid Number 033-2821-16/TP, in the amount of $1,832,000.00 plus a 10% contingency in the amount of $183,200.00 for a total budget appropriation of $2,015,200.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: {00135767.1 306-90018211 Page 305 of 504 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby award a contract for MASTER LIFT STATION 309 IMPROVEMENTS, bid number 6 033-2821-16/TP to FLORIDA DESIGN DRILLING CORP in the amount of 7 $1,832,000.00 plus a 10% contingency in the amount of $183,200.00 for a total budget 8 appropriation of $2,015,200.00. A copy of the contract is attached hereto as Exhibit "A". 9 Section 3. The City Manager is authorized to execute the contract on behalf of 10 the City Commission. 11 Section 4. This Resolution shall become effective immediately upon passage. 12 13 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} {00135767.1 306-90018211 Page 306 of 504 1 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 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) {00135767.1 306-90018211 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 Page 307 of 504 7.B. BIDS AND PURCHASES OVER $100,000 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve award for the "Annual Supply of Medical Supplies and Medications", Bid No. 044-2210-16/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Midwest Medical Supply Co., LLC, as the lowest, most responsive, responsible bidders for a projected annual expenditure of $140,000. Items will be ordered on an "As Needed" basis. EXPLANATION OF REQUEST: BID TERM: JULY 3, 2016 TO JULY 2, 2017 The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical supplies and medications for the Fire Departments' EMS and Ocean Rescue Divisions. These are Warehouse stocked supplies that are ordered "As Needed". On May 12, 2016, Procurement opened four proposals. The bid included 328 items that were divided into eight groups. As noted in the Bid Special Conditions, Award, "The City intends to award this bid in its entirety to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor." If a product is not available from the Primary Vendor, the Cities will then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor. This bid may be renewed with the same terms and conditions for two one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. The Warehouse Manager reviewed the pricing proposals and recommends the bidders be awarded as follow: PRIMARYVENDOR: BOUND TREE MEDICAL, LLC SECONDARY VENDOR: HENRY SCHEIN INC. THIRD VENDOR: MIDWEST MEDICAL SUPPLY CO., LLC HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By utilizing the pricing established in this joint bid with the City of Delray Beach, the City of Boynton Beach Fire Department EMS and Ocean Rescue will be provided with medical supplies and pharmaceuticals from the recommended vendors at the lowest competitive prices for a one year period. FISCAL IMPACT. Budgeted Funds are budgeted for these items under Fire Department account number 001-2210-522-52-66. FY 2015/2016 Expenditures to date: $ 91,100 FY 2014/2015 Expenditures: $122,000 ALTERNATIVES: These supplies are required for a functioning Emergency Medical Services division of the Fire Department. At this time, joining forces with the City of Delray Beach for cooperative purchasing to secure the lowest possible pricing appears to be the most viable option. STRATEGIC PLAN: Page 308 of 504 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Staff Report Tab Sheets Other REVIEWERS: Department Finance Finance Legal City Manager Description Recommendation for Award Tabulation Sheets Pricing Proposal Reviewer Action Date Alibran i, Julie Approved 6/9/2016 - 12:05 PPA Howard, Tim Approved 6/9/2016 - 3:56 PPA herof, Jim Approved 6/10/2016 - 3:11 PPA LaVerriere, Lori Approved 6/15/2016 - 2:47 PPA Page 309 of 504 0 LO 4- 0 0 (Y) (1) c� a 0 LO 0 m (D 0) cU a a� 3 J � O L CD O L � 3 0 J s U N C � 3 = o J � m L I_ 0 m 3 0 s s s s s s s s s s s s s s s s s s J c -I N M -:i- Ln to m O c -I N M Ln l0 I, w m O c -I N M Ln l0 I, w m O c -I N c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I N N N N N N N N N N M M M N a-+ 0 LO 0 m (D 0) cU a 0 LO 0 N m N 0) (6 0— m a� 3 os s s s s s s J 0 L m 0 L � 3 0 J s U N C 0 3 = 0 s s s s s s s J � m L 0 m 3 0 s s s s s s s s s s s s s s s s s s J M -:i- Ln to I, 00 Ol O c -I N M -:i- Ln to I, 00 Ol O c -I N M -:i- Ln to I, w m O c -I N M M M M M M M M Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Co to to to to N a-+ 0 LO 0 N m N 0) (6 0— 0 LO 0 cY) cY) a> 0) c� a m a� 3 os s s s s s s J 0 L m 0 L � 3 0 J s U N C 0 3 = 0 s s s s s s s s s s J � m L a 0 m 3 J Ln to I, 00 m O c -I N M Ln p I, 00 m O c -I N M -:i- Ln to I, 00 a) O c -I N M Ln to to to to to to I- r" r" r" r" r- r- r- r- r- 00 00 00 00 00 00 00 00 00 00 Ol Ol Ol Ol Ol Ol Ol E N a-+ 0 LO 0 cY) cY) a> 0) c� a 'IT 0 LO 4-- 0 CY) a) 0) 4� 4� C: I It I 4� a C: 0 r, w m o r-I rj m -:i- Ln to r, w m o r-I r,4 rn 0) 0) 0) 0 0 0 0 0 0 0 0 0 0 r-I r-I r-I r-I r-I 'IT 0 LO 4-- 0 CY) a) 0) 'IT 0 LO 4-- 0 LO m (D 0 0 " 0 4� 0 C: 0 C: 0 0 X� 1,0 '1"", C"C', ,o o r -i r14 rn Ln �O r, oo a) o r"ir?", r?",r?", C�111'111 C�111'111 'ZI1,11, 'ZI1,11, 'ZI1,11, 'ZI,,- Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln to 'IT 0 LO 4-- 0 LO m (D 0 LO 0 m c� (D c� a m a� 3 os s s s s s s J 0 L CD 0 L � 3 0 J s U N C 0 3 = 0 s s s s s s s s s s s s s s s s J � m L I_ 0 m 3 0 s s s s s s s s s J c -I N M -:i- Ln to I, 00 m O c -I N M Ln p I, 00 m O c -I N M -:I- Ln to I, 00 Ol O c -I N to to to to to to to to to I" r" r- r- r- r- r- r- r- r- 00 00 00 00 00 00 00 00 00 00 Ol Ol Ol c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I N a-+ 0 LO 0 m c� (D c� a m a� 3 J 0 L � 3 J s U N C � 3 J � m L I_ 0 m 3 J M -:i- Ln to I, w m O c -I N M Ln to I, w m O c -I N M Ln to I, w m O c -I N M M M M M M M M O O O O O O O O O O c -I c -I c -I c -I r -I r -I r -I r -I r -I r -I N N N N N c -I c -I c -I c -I c -I c -I ri N N N N N N N N N N N N N N N N N N N N N N N N N N a-+ 0 LO 0 co m (D c� a m a� 3 J � O L CD O L � 3 0 J s U N C � 3 = 0 s s s s s s s s s s J � m L 0 m 3 0 s s s s s s s s J Ln l0 I, w m O c -I N M Ln to I, w m O c -I N M Ln to I, w m O c -I N M Ln to N N N N N M M M M M M M M M M R Rt R Rt Rt Rt Rt Rt Ln Ln Ln Ln Ln Ln Ln N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a-+ 0 LO 0 co m (D c� a 0 LO 0 rn m (D c� a m a� 3 os s s s s s s J 0 L m 0 L � 3 0 J s U N C 0 3 = 0 s s s s s s s s s s s s s s s J � m L 0 m 3 J I, w m O r -I N M -:i- Ln to I, w m O r -I N M -:i- Ln p I, 00 Ol O r -I N M -:i- Ln to I- 00 Ln Ln Ln l0 l0 l0 l0 l0 lb l0 l0 l0 l0 I- r- r- r- r- F- r- r- r- r- OO OO OO OO OO OO OO OO OO N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a-+ 0 LO 0 rn m (D c� a 0 LO 0 0 N C7 N m a� 3 J � 0 L m 0 L 0 � 3 0 J s U N C � 3 = 0 s s s s s s s s J � m L a 0 m 3 0 s s s s s s s s s s s s s J m O r -I N M -:i- LPI to I, w m O c I N M Ln to I, w m O c I N M Ln l0 I, w m O 0 0 0 0 0 0 0 Ol Ol Ol Ol 0 0 0 0 0 0 0 0 0 0 r -I r -I r -I r -I r -I r -I r -I -i -i -i N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M N a-+ 0 LO 0 0 N C7 N 0 LO 0 N C7 (D 0) M 4 —1 � � � � � � � 00 m N CO 3 3 Vic_ Vicc_ c G J S S S J 00 O O l0 CO CO O O �o J J N m c -I c -I c -I c -I c -I c -I c -I c -I m N S S M c% c% L L 00 N Co cI cI cI cI cI cI cI cI m N M O O L L a I_ I_ O O m 3 m 3 Ln 0 s O M J J rI c -I N M Ln l0 I, w N N N N N N N N M M M M M M M M N O N N +� p 0 LO 0 N C7 (D 0) V/ Z O P: a U_ 0 LU Z a cn LU J CL CL D cn J a U_ 0 W r - 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Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise (CDRV 16-001). EXPLANATION OF REQUEST: This proposed amendment to the Zoning Regulations is intended to increase the opportunities for the sale of quality used merchandise by regulating consignment shops similar to antique stores, by adding additional zoning districts where consignment shops are allowed, and by increasing the maximum size standard applicable to consignment shops from 5,000 square feet to 25,000 square feet. To promote small scale businesses and shops along Ocean Avenue and in the downtown area, the amendment would also add the lower maximum size standard of 2,500 square feet to be applicable to both groups of used merchandise stores within the CRA. It should also be noted that a longstanding business in the County would benefit by the proposed change contingent upon locating the eligible property and executing a lease. Both staff and the Planning & Development Board forwards this item with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Not applicable Is this a grant? No Grant Amount: Page 340 of 504 ATTACHMENTS: Type D Ordinance D Exhibit D Staff Report D Amendment REVIEWERS: Department Reviewer Planning & Zoning Rumpf, Michael Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Ordinance Sale of Used Merchandise Exhibit A to Ordinance Staff Report Exhibit "A" - Proposed Amendments -Zoning Use Matrix Exhibit "B" - Proposed Amendments - Zoning Matrix Notes Action Date Approved 5/31/2016 - 4:21 PPA Approved 6/3/2016 - 10:02 AKA Approved 6/7/2016 - 2:27 PPA Approved 6/10/2016 - 11:19 AKA Approved 6/15/2016 - 3:53 PPA Page 341 of 504 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. 16-010 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II ENTITLED "DEFINITIONS"; AND CHAPTER 3, ARTICLE IV, SECTION 3.1), "USE MATRIX" AND NOTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed amendment to the City's Zoning Regulations is intended to increase the opportunities for the sale of quality used merchandise by regulating consignment shops similar to antique stores by adding additional zoning districts where consignment shops are allowed and by increasing the maximum size standard applicable to consignment shops from 5,000 square feet to 25,000 square feet; and WHEREAS, in order to promote small scale businesses and shops along Ocean Avenue and in the downtown area, the amendment would also add the lower maximum size standard of 2,500 square feet to be applicable to both groups of used merchandise stores within the CRA; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article 11 of the Land Development Regulations entitled E Page 342 of 504 30 "Definitions" is hereby amended as follows: 31 Definitions (LDR, Chapter 1, Article 11): 32 ... 33 34 MERCHANDISE, USED (ANTIQUE & CONSIGNMENT SHOPS AND 35 BOOKSTORES) - An establishment primarily engaged in the retail sales of objects of 36 value, of which, are at least fifty (50) years old and/or collectibles that are desirable due to 37 rarity, condition, utility, or some other unique feature, or an establishment that principally 38 sells furniture and household furnishings under a consignment arrangement. 39 40 MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of 41 used merchandise, such as a clothing er- beeks fie. "Merchandise used (other)" may also 42 include either of the following types of establishments: (1) se6E)f1d aft sales E� 43 ' -1 s re a d th -,,,,g ., b -ake - (,.a s ,.,,,ti, ent); (2) loaning money on the security of 44 pledges of personal property (pawnshop); or (92) merchandise principally donated (thrift 45 store). This classification does not include the sale of secondhand motor vehicles or parts. 46 47 ... 48 Section 3. Chapter 3, Article IV, Section 3.13 of the Land Development 49 Regulations, Use Matrix Table 3-28 (Excerpt) is hereby amended as follows: 50 ... 51 D. Use Matrix (Table 3-28). 52 See attached Exhibit "A" 53 54 Section 4. Chapter 3, Article IV, Section 3.D. of the Land Development 55 Regulations, Zoning Matrix Notes is hereby amended as follows: 56 57 Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) 58 ... 59 60 52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area 61 shall not exceed twenty five thousand (25,000) square feet, except if proposed within the 62 Community Redevelopment Area, the maximum size is fi.,e thettsand twenty five hundred 63 (5-,089 2,500) square feet. The maximum size may be increased up to ten thousand (10,000) 64 square feet if approved as a conditional use. This size restriction shall prevail if it conflicts 65 with the size limit set by another applicable note. An auction house is allowed but only as an 66 accessory use qualifying under this paragraph 67 2- Page 343 of 504 68 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five 69 thousand (5,000) square feet of gross floor area except if proposed within the Community 70 Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet.-, and 71 must be located a minimum distance of two thousand, four hundred (2,400) feet from 72 another merchandise, used (other) or multiple -vendor market establishment, as measured by 73 direct distance between property lines. The floor area of an existing merchandise, used 74 (other) establishment shall not be expanded in instances where located less than the 75 minimum separation requirement. All new applications to operate such uses or applications 76 for building permits to expand such uses shall be accompanied by an affidavit certifying 77 compliance with this restriction. Exterior storage and display in connection with such uses 78 shall be prohibited. 79 80 Section 5. Each and every other provision of the Land Development Regulations 81 not herein specifically amended, shall remain in full force and effect as originally adopted. 82 Section 6. All laws and ordinances applying to the City of Boynton Beach in 83 conflict with any provisions of this ordinance are hereby repealed. 84 Section 7. Should any section or provision of this Ordinance or any portion 85 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 86 affect the remainder of this Ordinance. 87 Section 8. Authority is hereby given to codify this Ordinance. 88 Section 9. This Ordinance shall become effective immediately on second. 89 3- Page 344 of 504 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 FIRST READING this 21st day of June, 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA 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 4 - VOTE YES NO Page 345 of 504 0 cYi U N U fid (lid p civ vN AI cyi v t -W H-flW a £7 -fes N l flwS a ,( Clod QSD , 0 Z -D N T- 1 dffw (ifid hafidi Nd z -x 1-ld LEE V-1-ld vv- l -ld P. P. UU���- EXHIBIT "A" — Use Matrix 0 LO 4 O O cY) N c6 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-021 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendment would promote business attraction or retention within the City (#1) and clean-up two related glitches identified in the Zoning Matrix (#3). EXPLANATION The City's LDR was rewritten in late 2010 which included definitions for the different types of businesses that sell used merchandise, increasing the zoning districts where antique shops are permitted, adding "consignment shop" to the uses grouped under the heading "Merchandise, Used (Other) which includes pawn shops and thrift stores, and which retained the maximum size limit on businesses selling used merchandise, 5,000 square feet, as well as the minimum distance separation of 2,400 feet (the distance separation was not applied to antique stores, just the size restriction). The original uses, and the maximum size and distance separation standards have likely been in the City's zoning regulations since the mid -`70's or early 80's. -1- Page 347 of 504 Despite the amendments in 2010, the regulations on such businesses have been fairly conservative, likely due to the uncertainty with respect to the quality of merchandise that is typically featured by businesses such as thrift stores and pawn shops, and the possible lack of market for high quality antique or consignment stores. For example, related zoning inquiries received over the past two (2) or three (3) years have been mostly from Goodwill Industries, or from operators of small "mom & pop" used clothing businesses. However, staff has reviewed the regulations with the objective of increasing the provisions for the sale of used quality merchandise while maintaining the conservative approach toward lower quality items. This review was prompted by an inquiry from an established business within the County that operates mostly on consignment, selling rather valuable high-end and unique household furniture and furnishings collected from estates from within, and outside the State of Florida. Therefore staff proposes amendments to the City's LDR that include the changes as summarized below and in their entirety within accompanying Exhibits "A" and "B": 1. Revise the terms and definitions for the used merchandise groups to remove "consignment shops" from the general category and combine them with antique stores. This amendment combines two uses together that deal in higher quality items than the quality associated with thrift stores and pawn shops, therefore allowing them to be regulated similarly. If approved, consignment shops would then be allowed, along with antique stores, in all commercial and mixed use zoning districts, and with certain restrictions, within the R-3 and PID Zoning Districts (parcels designated for mixed use in the Quantum Park PID)(see Exhibit "B"). 2. Add book stores to this same used merchandise use group to again allow similar regulatory treatment as antique and consignment shops (see Exhibit "B"). 3. Increase the maximum size allowed for these uses to 25,000 square feet from 5,000 square feet, and establish a separate and lower maximum size standard for such uses in the Community Redevelopment Area (CRA) (2,500 square feet) to promote the small scale retail image as envisioned along Ocean Avenue and downtown (see Exhibit "B"). 4. Also decrease the maximize size limit on the "Other" used merchandise businesses (i.e. pawn shops and thrift stores) to 2,500 square feet for areas within the CRA (see Exhibit "B"). 5. Provide some warranted "clean-up" in the Zoning Matrix (see Exhibit "A") to correct a typographical error and eliminate redundancy in the note references. It should be noted that by placing Consignments Shops with Antique Shops, the Consignment Shops are no longer subject to a minimum distance separation, and that the minimum distance separation between uses within the "Other" category would remain at 2,400 feet. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments to increase accommodations for businesses that sell quality or unique, used merchandise. Attachment S:APlanning\SHARED\WP\SPECPRO.hCODE REVIEW\CDRV 16-001 Used MerchandiseAStaffReport.doc -2- Page 348 of 504 0 cYi U N U fid (lid p civ vN AI cyi v 1-W H-flW a Cl-aw N l ITf1w flwS a ,( Clod QSD , 0 Z -D N T- 1 dffw Qfld hafldi Nd z- d Nd �-1-� vv-1-ld EXHIBIT "A" — Use Matrix O LO 4 O rn cY) N c6 EXHIBIT "B" - NOTES Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) 52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area shall not exceed twenty five thousand (25,000) square feet, except if proposed within the Community Redevelopment Area, the maximum size is five thatisand twenty five hundred (5-,049 2,500) square feet. The maximum size may be increased up to ten thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet.-, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple -vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. I1) MERCHANDISE, USED (ANTIQUE & CONSIGNMENT SHOPS AND BOOKSTORES) - An establishment primarily engaged in the retail sales of objects of value, of which, are at least fifty (50) years old and/or collectibles that are desirable due to rarity, condition, utility, or some other unique feature, or an establishment that principally sells furniture and household furnishings under a consignment arrangement. MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of used merchandise, such as a clothing or- beeks stere. "Merchandise used (other)" may also include either of the following types of establishments: (1) ., b -ake - (,.,,nsig,,ment). (2) loaning money on the security of pledges of personal property (pawnshop); or (-32) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles or parts. Page 350 of 504 M PUBLIC HEARING 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-011 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts (CDRV 16-002). EXPLANATION OF REQUEST: The proposed amendments and underlying analysis of Zoning Regulations was prompted to support the City's local small business service sector, which constitutes 85% of all business establishments in the city, as well as to increase zoning provisions for water -dependent and water -related land uses. Most importantly, the proposed amendments would: - Merge the "Nevi' and "Used" business groups in the Zoning Matrix into a single use group called "Auto Dealer, New or Used". Both groups have been, and are proposed to continue to be regulated similarly thereby eliminating the necessity for two separate terms, definitions and use provisions/regulations. - Allow the sale of motor vehicles AS ACCESSORY to the repair of motor vehicles within the C-4 and M-1 zoning districts as a conditional use, in response to the many inquiries received by staff and anticipated benefit to this service sector. Motor vehicles promoted for sale would be stored indoors. Conditional use approval is intended to not only facilitate staffs examination of property for storage capacity, but also for screening and beautification purposes. - Allow the sale of motor vehicles as a principal use in the PID District, with conditional use approval, and all vehicle inventories must be stored indoors. - Allow the sale of boats in the C-3 District. No repairs or outdoor storage would be allowed. - Change the prohibition against outdoor storage of boats in conjunction with boat sales, to allow outdoor storage with conditional use approval. - Allow boat sales in the M-1 Zoning District as a conditional use, as accessory to the repair of boats. Similar to the proposed treatment of auto sales and repair uses in the M-1 District, the vessels must be stored indoors and the storage capacity is ensured through the conditional use review process. - Allow boat sales as a principal use with conditional use approval within the PID zoning district, with the further limitation that such uses within the Quantum Park PID be limited to lots with certain use options (e.g. "Industrial" and "Industrial w/Retail sales"). This amendment would also require that inventories be stored/displayed indoors. - Allow boat repairs as an allowed use in the C-4 Zoning District, as either a permitted or accessory use, except that as a principal use it would not be allowed on arterial roads, to promote the desired vision for the Federal Highway corridor and the CRA. - Allow exterior storage of boats at a repair business within the M-1 Zoning District with adequate screening Page 351 of 504 from adjacent rights-of-way and adjacent properties. It should again be emphasized that the subject amendments have been prepared by staff with the objective of promoting the small service business sector as well as water -dependent and water -related land uses, while simultaneously addressing possible concerns associated with these businesses such as blight and visual impacts within the redevelopment area. Staff and the Planning & Development Board forward the proposed amendments with recommendations for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: This is not specifically a Strategic Plan action item but would benefit local business development. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending LDR regarding sale and repair of for vehicles and boats D Staff Report Staff Report D Amendment Exhibit "A" - Proposed Amendments - Motor Vehicles - Use Matrix D Amendment Exhibit "B" - Proposed Amendments - Motor Vehicles - Definitions and Notes D Amendment Exhibit "C" - Proposed Amendments - Boats - Use Matrix D Amendment Exhibit "D" - Proposed Amendments - Boats - Definitions and Notes REVIEWERS: Department Reviewer Action Date Planning & Zoning Pyle, Judith Approved 6/13/2016 - 10:16 AM Development Pyle, Judith Approved 6/13/2016 - 10:17 AM Page 352 of 504 Finance Pyle, Judith Approved Legal Pyle, Judith Approved City Manager LaVerriere, Lori Approved 6/13/2016 - 10:18 AM 6/13/2016 - 10:18 AM 6/16/2016 - 1:22 PPA Page 353 of 504 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 32 ORDINANCE NO. 16-011 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II ENTITLED "DEFINITIONS"; CHAPTER 3, ARTICLE IV, SECTION 3.1), "USE MATRIX" AND NOTES TO INCREASE THE LOCATIONS WHERE THE SALE AND REPAIR OF MOTOR VEHICLES AND BOATS ARE ALLOWED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed amendments were prompted to support the City's local small business service sector which constitutes 85% of all business establishments in the city as well as to increase zoning provisions for water -dependent and water -related land uses; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article H of the Land Development Regulations entitled "Definitions" is hereby amended as follows: Definitions (LDR, Chapter 1, Article 11): AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as E Page 354 of 504 33 passenger and cargo vans and sport utility vehicles. Typical broker activities include but are 34 not limited to the following: researching and locating a desired vehicle or buyer; price 35 negotiations; processing the transaction, including securing the necessary financing; and 36 arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on-site 37 vehicle inventories. If a vehicle -s a -Fe is temporarily stored on-site during the transaction, -a4 38 the vehicle -s must be stored indoors. 39 AUTO DEALER, NEW OR USED - An establishment, licensed by the State of Florida, 40 which is primarily engaged in retailing or leasing new or used automobiles, mopeds, 41 scooters, and motorcycles (with engines in excess of one hundred fifty (150) cubic 42 centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. 43 Although it is common for Odealers-operations to keep a a si taventafy a rely upon 44 the exterior display of vehicles and on-site transactions, fOr6tisteffler-s tepePdse, and btiye 45 s*^m^^'y r r -chase the . ehieles an the pr-emises. given limited land availability, 46 redevelopment and economic development initiatives, including concerns for visual impacts 47 along main roadway corridors, the City's regulations limit the size and types of auto sales 48 businesses, by restricting them to the indoor storage and display of vehicles, while 49 accommodating those businesses that can operate using electronic sales resources and that 50 are not dependent upon on-site visitation and sales. 51 AUTO DEALER, us - 52 53 meter-eyeles (with engines in &ieess ef ene htindr-ed fifty (150) etibie eentimeter-s, and ligh4 54 tfirteks, 55 56 57 58 ... 59 BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or 60 used boats, retailing new boats and selling replacement parts and accessories, renting boats, 61 or a yacht brokerage business, including the display and temporary storage of boats on-site 62 (customarily incidental to the principal use). A yacht broker that exclusively displays/stores 63 boats off-site would be considered an office use. A boat dealer/rental excludes the repair or 64 service of vessels on the premises 65 66 BOAT REPAIR - A facility where boats are repaired, serviced, or customized 67 detailed. 68 69 ... 70 2- Page 355 of 504 71 Section 3. Chapter 3, Article IV, Section 3.13 of the Land Development 72 Regulations, Use Matrix Table 3-28 (Excerpt) is hereby amended as follows: 73 ... 74 D. Use Matrix (Table 3-28). 75 See attached Exhibits "A" (Motor Vehicles) and "C" (Boats) 76 77 Section 4. Chapter 3, Article IV, Section 3.D. of the Land Development 78 Regulations, Zoning Matrix Notes is hereby amended as follows: 79 80 Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) 81 ... 82 83 44. Auto Dealer, (New & Used). 84 a. C-4 district. Allowed onlv as a conditional use accessory to the rebair of motor 85 vehicles. No outdoor storage of vehicles for sale shall be permitted 86 -ab. MU -L3 district and MU -H district. 87 (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) 88 square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use 89 approval shall be required if all or a portion of the inventory is located within a parking 90 garage/structure. 91 (2) Access. Shall not be directly from any major roadway. 92 (3) Storage. No outside storage of materials, parts, and vehicles. 93 (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not 94 be visible from any major roadway frontage. 95 (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted 96 on-site. 97 c. M-1 district. Allowed only as a conditional use accessory to the repair of motor 98 vehicles. No outdoor storage of vehicles for sale shall be permitted. 99 W. PID district. This non -industrial use is allowed within the PID district as a 100 conditional use. Also, within the Quantum Park PID such uses are limited to lots with an 101 Industrial (I) use obtion or Industrial/R (with retail sales) obtion. Vehicle inventories must be 102 stored/displayed indoors. e�Eeept that all ..ehieles p-,,vide,a it is A pre- existing business 103 located on Quantum Park lots 77 through 80 is exempt from the requirements relative to 3 - Page 356 of 504 104 conditional use approval, outdoor storage or display of vehicle inventories, and locating on 105 lots with the "I" and " I/Retail" use options. 106 107 108 ... 109 62. Automotive, Minor Repair. 110 a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline 111 station. Conditional use approval is required for this component of the establishment. 112 b. C-3 District. 113 (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to 114 a gas station and also to automobile rental, provided that the service and maintenance of the 115 fleet vehicles is relegated to the rental operation and not open to the public. 116 (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, 117 provided that it is located on a lot that is at least five (5) acres. The following restrictions 118 shall also apply, where applicable: 119 (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all 120 such uses shall be located in either a principal building of a shopping center or in a 121 subordinate, stand-alone building and/or outparcel within a commercial master plan, 122 provided that the subordinate stand-alone building and/or outparcel within a commercial 123 master plan is not located between the principal building and an adjoining right-of-way or 124 between the principal building and abutting residentially zoned property. 125 (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to 126 be located in a separate building in a shopping center. For the purpose of this section, motor 127 vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive 128 power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten 129 (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power 130 designed to carry ten (10) persons or less which is constructed either on a truck chassis or 131 with special features for occasional off-road operation). All repair and service of vehicles 132 shall be done within an enclosed building. 133 c. C-4 District. AtAafnative, i . . This use is allowed within the C-4 district 134 but it shall not be located on a lot that frees en borders an arterial roadway. is al E)We' as a 135 136 ,ehie es is relegated to the rental aper-ation and not apen apeto the publie. All repair functions 137 must occur within enclosed buildings and exterior storage of vehicles in a damaged or 138 disassembled condition must be adeauatelv screened from rights of wav and adiacent 139 properties. 140 f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used 4- Page 357 of 504 141 142 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an 143 arterial or collector roadway. 144 145 45. Boat Dealer/Rental. 146 a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or 147 service of vessels on the premises. No outdoor storage of boats shall be permitted. 148 149 -ab. C-4 District. Beat deale44eatal, as apr-ineipal use, shall exc4tidethe repair- 150 0 e of vessels ,,,, the pr-emises. n beat deale4r-eatal ; allowed aeeessafy e •1„ 151 152 equipmeat shall be pe-fnit4e E)r site. Conditional use approval shall be required if 153 merchandise is to be stored outdoors-. eOutdoor storage areas shall be adequately 154 screened from abutting properties and rights-of-way-, with the exception that a single 155 merchandise item may be visible from abutting rights-of-way. The display must be in 156 combination with project signage, and the setback, landscaping and design of this site 157 feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas 158 are not separated by an intervening building and visible from an arterial roadway, right-of- 159 i hg t-of- 159 way landscaping shall be in accordance with the City's Urban Landscape Code except that 160 the width shall be at least 10 feet, it shall include a berm, and enhanced with additional 161 plants selected and maintenance to facilitate varyin_growth heights to provide some 162 screening of the space between the hedge material and tree canopies. The landscapes 163 required to represent "adequate" screening, as well as the appropriate design of the 164 merchandise display feature and right-of-way landscaping shall be determined as part of the 165 conditional use review process. 166 167 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or 168 service of vessels on the premises. No outdoor storage of boats shall be permitted. 169 Inventories must be stored/displayed indoors. 170 171 hd. MU -H District. Boat dealer/rental is allowed as an accessory use to a marina but 172 conditional use approval is required. No exterior loudspeakers or paging equipment shall be 173 permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten 174 thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine 175 trailers are prohibited. 176 177 e. M-1 District. Allowed only as a conditional use accessory to the repair of boats. 178 Outdoor storage areas shall be adequately screened from abutting properties and rights -of - 179 WE. 180 181 f PID District. Requires conditional use approval. Also, within the Quantum Park 182 PID such uses are limited to lots with an Industrial (I) use obtion or Industrial/R (with retail 183 sales) option. Inventories must be stored/displayed indoors 184 185 91. Boat Repair. 5 - Page 358 of 504 186 a. Landscaping. All exterior (temporary) storage shall be adequately screened. 187 Additional buffering may be required as recommended by the Director of Planning and 188 Zoning to ensure compatibility. 189 190 b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless 191 accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and 192 exterior storage of boats and equipment must be adequately screened from adjacent rights- 193 of-way and properties. 194 195 4c. M-1 District. "TE) e�Eter-iar-sterago of beats in a wr-eeked endit: ,, The exterior 196 storage of boats or equipment must be adequately screened from adjacent rights-of-way and 197 properties. 198 or- tThe dry stacking of any boats shall be meted prohibited. 199 200 d. PID District. Only allowed as an accessory use to a retail boat dealer. 201 202 203 Section 5. Each and every other provision of the Land Development Regulations 204 not herein specifically amended, shall remain in full force and effect as originally adopted. 205 Section 6. All laws and ordinances applying to the City of Boynton Beach in 206 conflict with any provisions of this ordinance are hereby repealed. 207 Section 7. Should any section or provision of this Ordinance or any portion 208 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 209 affect the remainder of this Ordinance. 210 Section 8. Authority is hereby given to codify this Ordinance. 211 Section 9. This Ordinance shall become effective immediately on second. 212 6- Page 359 of 504 213 FIRST READING this 21s' day of June, 2016. 214 SECOND, FINAL READING AND PASSAGE this day of , 2016. 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 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 VOTE YES NO - Page 360 of 504 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-024 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendment would promote business attraction and retention within the City (#1). EXPLANATION The use provisions and standards for the sale or repair of motor vehicles have changed minimally throughout the years to advance opportunities for this industry with the exception of few site specific amendments in the late `80's to mid `90's to accommodate CarMax in Quantum Park, auto repair uses in a PCD (Planned Commercial Development District) proposed/approved at the southeast corner of the intersection of Woolbright Road and Congress Avenue, and to allow Sears to add automotive service in a detached building at the Boynton Mall (restricted to a minimum size of 75 acres). In fact, the only other amendments effectively reduced the locations where auto or boat sales are permitted (i.e. auto sales uses were ultimately removed from the C-4 Zoning District; boat sales were removed from the C-3 Zoning District; and boat repair uses were previously removed from the C-4 Zoning District. -1- Page 361 of 504 Although this project was prompted by a representative for a local business desiring to sell unique or collector cars, staff has taken this opportunity to comprehensively review these regulations against current economic development initiatives, the challenges of accommodating this business industry, and reconsider other past inquiries about auto sales provisions in the City. Findings from the staff analysis and justifications for the proposed amendments are below. The proposed amendments are primarily justified by: • The need to provide support to the small business sector. Small firms employing fewer than 10 people currently (2015) constitute 85% of all business establishments in the City. Most vehicle repair shops likely fall under this category and as of April 2016, over 50 hold approval as an auto mechanical repair or auto body shop. Expanding the range of commercial activities that car repair shops would be able to engage in would provide an opportunity to strengthen this important sector in the City's economy. Over many years staff has received inquiries from operators of automobile repair shops requesting the ability to sell vehicles. It hasn't been the intent of the operators to open up full car dealerships but to enable the occasional sale of a repaired vehicle, for example as a result of a repair job abandoned by the customer. Repair shops may also occasionally supplement their business by repairing and selling vehicles acquired from tow companies, auctions or from other sources. • The need to provide support to water -related uses. The Marina Redevelopment Project, which is the centerpiece of downtown Boynton Beach, is 90% finished. The Boynton brand will continue to be tied to recreation opportunities that the Marina provides. It is therefore important to support all business activities that promote the brand and build on its core element. All water -related uses are clearly in this category. Objective 7.11 of the Comprehensive Plan's Coastal Management Element states: "The City shall continue to search for opportunities to increase the amount of water dependent and water related uses (... )" Therefore staff proposes amendments to the City's LDR that include the changes as summarized below (also see the accompanying Exhibits "A", "B", "C" and "D"): Motor Vehicles: 1. Revise the definitions and use titles in the Zoning Matrix for auto dealers with the merging of the "New" and "Used" business groups into a single use group called "Auto Dealer, New or Used". Both groups have been, and are proposed to continue to be regulated similarly thereby eliminating the necessity to have separate terms/definitions, and use provisions and notes. 2. Revise the definition for the new, combined use group to include a brief explanation for the purpose and intent of the City's strict regulations on the sale of motor vehicles referencing the limited land availability, economic and redevelopment initiatives, and the increasing use of the internet by small and/or specialized sales operations. The revisions also emphasize the concern for aesthetics along main roadway corridors and purpose for the indoor storage restriction and/or screening requirements. -2- Page 362 of 504 3. Revise the Zoning Matrix and Notes to allow the sale of motor vehicles AS ACCESSORY to the repair of motor vehicles within the C-4 and M-1 zoning districts, in response to the many inquiries received and anticipated benefit to this service sector (see Exhibits "A" & "B" - Zoning Matrix and Note No. 44). Staff has been reluctant in the past to support such an amendment due to the small properties on which such repair businesses typically operate and lack of capacity to accommodate both repair and service functions, which could contribute to congestion and blight of undersized parcels. Staff therefore recommends that the new regulations include the requirement for indoor storage, to naturally limit such sales operations to the capacity for indoor storage. This requirement also discourages repair businesses from growing into car dealerships with cars labeled and displayed in parking areas, landscaping areas or buffers, and with visiting patrons further congesting the situation given the limited parking resources typically characteristic of such older properties. The conditional use requirement will ensure the proper oversight and assurance that internal space exists apart from the repair function for indoor storage of vehicles to be sold. 4. Revise the Zoning Matrix and Notes to allow vehicle sales within the Planned Industrial Development (PID) Zoning District as conditional uses, and to require vehicle inventories to be stored indoors. The City's PIDs are mostly built -out, and not all designed for outdoor storage or display of merchandise, but were designed and improved with parking areas that meet the minimum square footage for the various industrial or heavy commercial uses approved for the PID. Also included in this Note of the Zoning Matrix (No. 44) is some "clean-up text to clarify the intent to vest the pre-existing CarMax business from the requirements for conditional use and indoor storage. 5. Revise the Zoning Matrix and Notes to allow Boat Sales ("Boat Dealer/Rental") within the C-3 Zoning District, but exclude repairs and service to maintain compatibility with the retail commercial environments. Interestingly, boat sales were historically allowed within the C-3 District and subsequently removed. This amendment is intended to support the marine industry and outdoor and sporting lifestyle which is highly demanded in our coastal community. Outdoor storage would not be allowed. 6. Maintain current regulations that allow the sale of boats in the C-4 district, but replace the prohibition against outdoor storage of vessels with the requirement for conditional use approval to facilitate outdoor storage and display. The conditional use approval process would allow the case-by-case review for designation of adequate external storage areas and optimal screening. Similar to the proposed amendments for auto repair and accessory sales, this amendment would allow boat repairs as accessory to the sale of boats in this district; however, boat repair as an accessory use would not be restricted from arterial roadways (see item #9 below for proposed restrictions/provisions for boat repair as a principal use). 7. Amend the Zoning Matrix and Notes to allow boat sales in the M-1 District as a conditional use, as an accessory function to the repair of boats. Similar to the proposed treatment of auto sales and repair uses in the M-1 District, the vessels must be stored indoors and the storage capacity is ensured through the conditional use review process. 8. Amend the Zoning Matrix and Notes to allow boat sales as a principal use with conditional use approval within the PID zoning district, with the further limitation that such uses within the Quantum Park PID be limited to lots with certain use options (e.g. "Industrial" and -3- Page 363 of 504 "Industrial w/Retail sales"). This amendment would also require that inventories be stored/displayed indoors. 9. Revise the Zoning Matrix and Notes to add boat repairs as an allowed use in the C-4 Zoning District, as either a permitted or accessory use. Staff proposes that boat repairs as a principal use be restricted from arterial roadways, as such uses would be contrary to the vision for the Federal Highway corridor and the CRA. 10. Amend the Zoning Matrix Notes to allow for the exterior storage of boats at a repair business within the M-1 zoning district with adequate screening from adjacent rights-of-way and properties. CONCLUSION/RECOMENDATION Staff proposes these code amendments to increase accommodations for businesses that sell and repair motor vehicles and boats, while addressing the possible concerns associated with these businesses such as visual impacts within the redevelopment area. Attachment S:APlanning\SHARED\WP\SPECPRO.hCODE REVIEW\CDRV 16-002 Vehicles & Boats Sales & Repairs\State Report - Motor Vehicles & Boats.doc -4- Page 364 of 504 0 Cyi U N a1 M N a M u U J U fid (lid 1-W £Tflw a a� zi-aw �c 11-f1w f1wS Clod QSD -D �I 41 Z -D i -D df" Qfld hafldi Nd Z -x Nd V-1-11 W-1-11 a .uu �z EXHIBIT "A" — Use Matrix (Motor Vehicles) O LO 4- 0 LO (D cY) N M 0- EXHIBIT "B" — Definitions & Notes (Motor Vehicles) Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. I1) AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as passenger and cargo vans and sport utility vehicles. Typical broker activities include but are not limited to the following: researching and locating a desired vehicle or buyer; price negotiations; processing the transaction, including securing the necessary financing; and arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on-site vehicle inventories. If a vehicle -s afe is temporarily stored on-site during the transaction, -a4 the vehicle -s must be stored indoors. AUTO DEALER, NEW OR USED - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new or used automobiles, mopeds, scooters, and motorcycles (with engines in excess of one hundred fifty (150) cubic centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. Although it is common for Odealers-operations to keep an an d rely upon the exterior display of vehicles and on-site transactions, for- etistefner-s to pepdse, and buyer -s e stafnar-i y r rehase the ..ehieles an the p-emises. given limited land availability, redevelopment and economic development initiatives, including concerns for visual impacts along main roadway corridors, the City's regulations limit the size and types of auto sales businesses, by restricting them to the indoor storage and display of vehicles, while accommodating those businesses that can operate using electronic sales resources and that are not dependent upon on-site visitation and sales. Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch. 3, Art. IV, Sec 3.D) 44. Auto Dealer, (New & Used). a. C-4 district. Allowed onlv as a conditional use accessory to the rebair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. -ab. MU -L3 district and MU -H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. Page 366 of 504 EXHIBIT "B" — Definitions & Notes (Motor Vehicles) (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. W. PID district. This non -industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R (with retail sales) option. Vehicle inventories must be stored/displace indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and " I/Retail" use options. 62. Automotive, Minor Repair. a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand- alone building and/or outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed Page 367 of 504 EXHIBIT "B" — Definitions & Notes (Motor Vehicles) to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. AtAafnative, This use is allowed within the C-4 district but it shall not be located on a lot that frees an borders an arterial roadway. is allowed as an aeeessapy use to at4afnabile rental, provided that the seFviee and maintenanee of the fleet vehieles is relegated to the rental ^ ^r^* ^r ^r'' not open to the publie. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights of way and adjacent properties. f PID District. Only allowed as an accessory use to a retail auto dealer, new or used. Page 368 of 504 0 cYi U N a1 M N a M u U J U Diu fid Qld t- H-flW £ l-flw Zq-flw �c l l-flw flwS Q0d QSD ti Z -D I -D df" Qfid hafidi Nd 6 Z -x Nd V-1-ld vv- l -ld avv-t-x G U cC cC cC a a U U Q EXHIBIT "C" — Use Matrix (Boats) O LO 4- 0 rn (D cY) N M 0- EXHIBIT "D" — Definitions & Notes (Boats) Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. I1) BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or used boats, retailing new boats and selling replacement parts and accessories, renting boats, or a yacht brokerage business, including the display and temporary storage of boats on-site (customarily incidental to the principal use). A yacht broker that exclusively displays/stores boats off-site would be considered an office use. A boat dealer/rental excludes the repair or service of vessels on the premises BOAT REPAIR - A facility where boats are repaired, serviced, or customized,oma. 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. -ab. C-4 District. Beat dealer4r-eatal,-as-apr-ineipal use, exc4uQe-the repair- or- seFviee af ,diti ,nause appr-aval-o NE) eaEter-iar-1. tidspeake -quat shall be per-mit4ed en site. Conditional use approval shall be required if merchandise is to be stored outdoors, eOutdoor storage areas shall be adequately screened from abutting properties and rights-of-way-, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent "adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. hd. MLT -H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Page 370 of 504 EXHIBIT "D" — Definitions & Notes (Boats) M-1 District. Allowed onlv as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f PID District. Requires conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R (with retail sales) option. Inventories must be stored/displayed indoors. 91. Boat Repair. a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. hc. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights-of-way and properties. or- tThe dry stacking of any boats shall be meted prohibited. d. PID District. Onlv allowed as an accessory use to a retail boat dealer. Page 371 of 504 9.C. PUBLIC HEARING 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve request for Major Site Plan Modification (MSPM 16-004) to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at the southwest corner of Ocean Avenue and SE 4th Street, in the CBD (Central Business District) zoning district. Applicant: Jim Williams, A&W Architects. EXPLANATION OF REQUEST: The Community Redevelopment Agency (CRA) has recently sold the property (former Ruth Jones Cottage/ Little House Cafe) and the new owner is proposing to fully enclose the covered deck area to create 525 square feet of new enclosed dining space to add to the existing 936 square foot restaurant building. The total number of seats for the restaurant and available parking remain the same. The applicant also proposes to alter the previously approved sidewalk seating arrangement, which will require separate approval of a new sidewalk cafe permit. The Planning & Development Board recommended approval of this item at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenues from building permits and business tax. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Page 372 of 504 Type D Staff Report D Location Map D Drawings D Drawings D Drawings D Drawings D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Development Finance Legal City Manager Description Staff Report (NASPNA 16-004) Location Map Site Plan Floor Plan Building Elevations (1) Building Elevations (2) Conditions of Approval Development Order Reviewer Action Rumpf, Michael Approved Mack, Andrew Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 5/31/2016 - 4:12 PPA 6/3/2016 - 10:36 ANA 6/7/2016 - 2:41 PPA 6/9/2016 - 12:59 PPA 6/15/2016 - 2:41 PPA Page 373 of 504 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-020 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: May 16, 2016 PROJECT NAME/NO: 480 E. Ocean Avenue / MSPM 16-004 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Ocean Avenue Pride, LLC Applicant: Jim Williams, AW Architects Location: 480 E. Ocean Avenue, SW corner of Ocean Avenue & SE 4th Street (see Exhibit "A" — Location Map) Existing Land Use: Mixed Use (MX) Existing Zoning: Central Business District (CBD) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request for Major Site Plan Modification approval to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements. Acreage: 0.336 acres Adjacent Uses: North: Right-of-way for Ocean Avenue, then farther north vacant property owned by the FEC Railroad; South: Developed commercial property (Macia-Marin medical office), with a Mixed Use (MX) future land use classification, and zoned Central Business District (CBD); Page 374 of 504 Staff Report — 480 E. Ocean Avenue (MSPM 16-004) Memorandum No PZ 16-020 Page 2 East: Right-of-way for SE 4th Street, then further east the 500 Ocean Mixed Use development currently under construction, with a Mixed Use Core (MXC) future land use classification, zoned Mixed Use — High (MU -H); and West: Right-of—way of the FEC Railroad, then further west developed commercial use, with a Local Retail Commercial (LRC) future land use classification zoned Neighborhood Commercial (C-2). Site Details: The subject site is a narrow piece of property along the railroad tracks that formerly housed a City -owned public parking lot. In 2010, the CRA relocated the Ruth Jones Cottage to the north half of the parking lot in order to make room for a new parking lot immediately east of City Hall and the Police Station. The cottage was renovated and leased as The Little House Cafe, along with the remainder of the parking lot to the south of the structure. BACKGROUND Proposal: The Community Redevelopment Agency (CRA) has recently sold the property (former Ruth Jones Cottage) and the new owner is proposing to slightly modify the covered deck seating and fully enclose the space for additional indoor dining. Jim Williams, of AW Architects, Inc., representing Ocean Avenue Pride, LLC, is requesting major site plan modification approval to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building. The applicant also proposes to alter the previously approved sidewalk seating arrangement, which will require separate approval of a new sidewalk cafe permit. ANALYSIS Concurrency: Traffic: The project is located within the Boynton Beach Traffic Concurrency Exception Area (TCEA) and proposes no additional seating over what was previously approved for The Little House Cafe, and therefore does not require a new traffic concurrency approval. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidence through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: As the proposed enclosure of the existing covered dining deck essentially does not impact pervious area, and the fact that a drainage review was conducted for the existing approved project, no additional drainage analysis was required. Page 375 of 504 Staff Report — 480 E. Ocean Avenue (MSPM 16-004) Memorandum No PZ 16-020 Page 3 Vehicular Access: The existing ingress / egress driveway is located on SE 4th Street, near the south property line, is approximately 24 feet in width, and unchanged from its current location. Secondary ingress / egress is located along the southwest property line, abutting the Macia-Marin medical office building, within a previously dedicated cross -access easement. Circulation: Vehicular circulation would include two-way circulation throughout the small parking lot. Pedestrian connectivity would be provided on site via a walkway that would extend around all sides of the building, and connect with the sidewalks along both Ocean Avenue and SE 4th Street. Parking: The existing site accommodates 16 parking spaces, including 1 handicap space. The typical parking spaces are dimensioned 9 feet x 18 feet, with the handicap space shown as 12 x 18 feet with the associated 5 foot striped access aisle. As the number of seats for the new restaurant proposal has not changed from the original approval of The Little House Cafe, no additional parking spaces are required. Landscaping: The existing site landscaping is essentially unchanged with this request, otherthan the elimination of a small landscape area at the NE corner of the new enclosure, which is more than compensated with the addition of a new foundation planting bed along the east side of the enclosure. A walkway / path from the parking area to the entrance (through a landscape bed) will be slightly shifted, and the former walk removed and landscaped to match the existing plantings. Typical trees existing on the site include Live Oak, Gumbo Limbo and Yellow Elder, along with Royal, Sabal and Solitaire palms. Shrub material, includes Cocoplum, Viburnum and Thryallis. The typical groundcovers include Wax Jasmine, Weeping Lantana and Beach Sunflower. As noted on the plans (see Sheet A11), existing landscape and irrigation improvements will be inspected and, if necessary, restored to the approved plans for the site. Building and Site: The existing cottage structure has an enclosed floor area of 938 square feet and a roof height of 18 feet — 10 inches at the ridgeline, resting atop of an approximately 2 foot high foundation. The former open-air, covered deck will become an enclosed space of 525 square feet with a new roof height of approximately 17 feet at the ridgeline, again, atop of an approximately 2 foot high foundation, which is well below the maximum allowed height in the CBD zoning district of 45 feet. The new enclosed seating area is designed with a Kalwall translucent roofing panel system, operable windows and stucco walls. The floor plan (Sheet A21) depicts the 51 interior seating layout and the proposed 24 outdoor seats that would be subject to approval of a Sidewalk Cafe permit. Design: The elevation drawings (Sheets A51 & A52) shows that the existing building would retain the existing gray metal roof and yellow paint color. The forest green awning over the deck / patio will be removed as part of the project and the new enclosure will be white stucco, with white frame windows and white frame Kalwall translucent roofing panels. The applicant is considering options for the hood vent system, as staff has expressed concern over the system depicted on the building elevations. As a condition of approval, the applicant will be required to submit revised hood vent plans more in scale and characterwith the existing structure (see `Exhibit C"— Conditions of Approval). Page 376 of 504 Staff Report — 480 E. Ocean Avenue (MSPM 16-004) Memorandum No PZ 16-020 Page 4 Public Art: The applicant has indicated the proposed work is not anticipated to exceed $250,000, and therefore would not be subject to the Art in Public Places program. Site Lighting: No additional lighting is proposed for the site. Signage: No sign details have been provided with the plan submittal. Staff recommends the applicant consider signage of appropriate scale and character for this property in particular, and which will represent a standard design for the other potential historic properties along Ocean Avenue and those that may involve similar subsequent relocations. As such, staff will work with the applicant in refining the final details of the signage in conjunction with the sign code and redevelopment plans, prior to permit submittal (see `Exhibit U — Conditions of Approval). RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\480 E. Ocean Avenue\MSPM 16-004\Staff Report.doc Page 377 of 504 EXHIBIT A SITE LOCATION MAP 480 E. OCEAN AVENUE (MSPM 16-004) 0 15 30 60 90 120 Page 378 of 504 6MPuald aIIS "V 6ML ,juaLnS6MLS sbuiMai0 ouidsao Wy SS -BZ -LL 9LOZ/S kt Y _ S£t££ 1J`HJVI9 NOSN.COE `3Atl Ntl3OO 3 08t m o w� �D w F W s IfINHAV NVIDO ISVH 0817 o o u� a s Q _a NN _ o0 Q a p ¢y W o o 0 W Z pa=pw p w pp�pao Q pow =o wr _ o Z uw'- ��a -� Z Q oz w ws pm= a D W - oQm— F F w„a�Nz�� o0 5 .9 co o ar wk w M&mooG o� w Qo & � NomNar �H a a a a pa LL 0 0 0 w w waw 0 0 w i o i �I 1 Illli it _ ❑ �G 0 � ' �� cry pa Qog a-zs o -s o -.oz I!i !I 0 o alloa pw -- am y El n El El_ a w 6MPuald aIIS "V 6ML ,juaLnS6MLS sbuiMai0 ouidsao Wy SS -BZ -LL 9LOZ/S kt 8 NO IN IOS `EIANEIAV NVIDO El 08b 0 N Him JaKaAVNVIDOISVa 08v 2 r= NO IK�Io aANEIAYNVIDolwt � ��Y�oi�wt \ \\/}} Him < 00 (0 -:()) �`` _ ( ��\\/ \\ \ ( ,\}(}} _ \\:-((}ir`°o : 3§ _ _ - -2z \(()}_! ( G!_ Im : : \) )§()/§§( ------l;\;§:()\(\z)}{ °)(( Symmmmymm y yyySy yy \mmm < LU (§((z(\\(\\\ �o a�Y�olwt \ §_- § \ N 2 r= _ `! } j _ § : 3: )::))�=!!\,j}}\( *!�- �) JaKEIAY NVIDOISVEI wt \)\(((((([;[((/\)\\})))( ------ LU (§((z(\\(\\\ \ §_- § ) ) _ `! } j _ § : 3: )::))�=!!\,j}}\( *!�- �) \)\(((((([;[((/\)\\})))( ------ E- 1E- my yyyyy yd \mmm;\ « EXHIBIT "C" Conditions of Approval Project Name: 480 E. Ocean Avenue File number: MSPM 16-004 Reference: 2nd review plans identified as a Maior Site Plan Modification with an April 19, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permit submittal, please widen the sidewalk along the new steps (south side) to enhance pedestrian access. X 2. Proposed moveable window as part of the addition will protrude out into pedestrian area when in open position. At time of permit submittal, please revise area in front of window at new stairs from walkway to a landscape area to avoid conflict. X FIRE Comments: None X POLICE Comments: None, all comments addressed at DART Meeting X BUILDING DIVISION Comments: None, all comments addressed at DART Meeting X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: 3. At time of permit submittal, the applicant will be required to submit revised hood vent plans more in scale and character with the existing structure. X Page 383 of 504 480 E. Ocean Avenue (MSPM 16-004) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT 4. A Sidewalk Cafe permit application is required to be submitted and approved before any outdoor seating on East Ocean Avenue can be approved and utilized. X COMMUNITY REDEVELOPMENT AGENCY Comments: None X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X CITY COMMISSION CONDITIONS Comments: To be determined S:\Planning\SHARED\WP\PROJECTS\480 E. Ocean Avenue\MSPM 16-004\COA after P&D.doc Page 384 of 504 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 480 E. Ocean Avenue (MSPM 16-004) APPLICANT: Jim Williams, AW Architects APPLICANT'S ADDRESS: 7700 Congress Avenue, Suite 1114, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21, 2016 APPROVAL SOUGHT: Major Site Plan Modification approval to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at 480 E. Ocean Avenue and zoned CBD (Central Business District). LOCATION OF PROPERTY: 480 E. Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\480 E. Ocean Avenue\MSPM 16-004\DO.doc Page 385 of 504 MW PUBLIC HEARING 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-012 - FIRST READING - Approve Future Land Use Map (FLUM) amendment from Local Retail Commercial (LRC) to Mixed Use (MX); PROPOSED ORDINANCE NO. 16-013 - FIRST READING - Approve rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office. Agent: Bradley Miller, Miller Land Planning, Inc. EXPLANATION OF REQUEST: Applicant is seeking FLUM amendment and rezoning, along with approval for a new site plan (NWSP 16-002), Community Design Plan Appeal (CDPA 16-001) and Height Exception (16-002), to develop a mixed use project that would include a 28 -unit residential building and an 11,000 square foot medical/professional building. The proposed future land use classification (Mixed Use) and zoning (MU -L2) is consistent with, and implements, recommendations of the 2006 update to the Federal Highway Corridor Community Redevelopment Plan, which has been adopted by reference into the Comprehensive Plan. The redevelopment plan recommends MU -1_2 zoning for all parcels located between Federal Highway and S.E. 4th Street and extending south of the Ocean 500 project through to S.E. 12th Avenue. The parcel abutting the subject property to the south already carries the Mixed Use future land use classification and MU -1_2 zoning designation. The request supports an increase in housing units and jobs. Both are important since the subject property is located within the Downtown Transit -Oriented Development District, which covers the area within a one-half mile radius of the station for the future commuter Tri -Rail Coastal Link service at the intersection of Ocean Avenue and the Florida East Coast rail corridor. There is a need for more residents and more job -creating commercial uses in the District to maximize potential benefits of access to a regional transit system. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or impact on services that would require capital outlays. FISCAL IMPACT: The preliminary estimate of annual revenues in ad valorem taxes and fire assessment for the proposed project is $36,000. ALTERNATIVES: No alternatives are recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 386 of 504 CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Ordinance D Staff Report D Location Map REVIEWERS: Department Reviewer Planning & Zoning Rumpf, Michael Development Mack, Andrew Finance Howard, Tim Legal Cherof, Jim City Manager LaVerriere, Lori Description Ordinance Land Use Ordinance Rezoning Staff Report Exhibit "A" - Location Map Action Date Approved 6/2/2016 - 2:43 PPA Approved 6/3/2016 - 10:46 AKA Approved 6/7/2016 - 2:29 PPA Approved 6/16/2016 - 1:46 PPA Approved 6/16/2016 - 1:57 PPA Page 387 of 504 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION OF MICHAEL BERTINO OF 601 SE 4TH STREET, LLC. & 601 SOUTH FEDERAL, LLC, FOR HIDDEN BROOK CORPORATION, OWNER FOR A LAND USE AMENDMENT FOR A PARCEL OF LAND LOCATED AT 601 FEDERAL HIGHWAY FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Michael Bertino of 601 SE 4th Street, LLC. & 601 South Federal, LLC, has filed a petition on behalf of the owners, Hidden Brook Corporation High Ridge Housing, LLC., to change the land use designation of a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the land use amendment and heard testimony and received evidence which the Commission finds support for the land use amendment for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed land use amendment is consistent with the City's Comprehensive Plan and otherwise comparable City plans for development; and WHEREAS, the City Commission, exercising its legislative powers, deems it in the best interests of the residents and property owners of said City to amend the land use as 26 hereinafter set forth. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: {00135922.1 306-9001821} Page 388 of 504 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. 31 Section 2. The land use designation for the following described land is changed 3 2 from LOCAL RETAIL COMMERCIAL (LRC) to MIXED USE (MX). 33 LEGAL DESCRIPTION 34 LOTS 1, 2,3 AND 4, BLOCK C OF PENCE SUBDIVISION NO. 1, ACCORDING TO 35 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 33 OF THE 36 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 13 37 FEET OF LOTS 1 AND 4 FOR RIGHT OF WAY STATE ROAD NO. 5 (US NO. 1) 38 AS SHOWN IN ROAD PLAT BOOK 3 ON PAGE 11. 39 40 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 41 reference. 42 Section 3. That the Future Land Use Map of the City is amended to reflect this land 43 use change. 44 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 45 repealed. 46 Section 5. Should any section or provision of this Ordinance or any portion thereof 47 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 48 the remainder of this Ordinance. 49 Section 6. This ordinance shall become effective upon final passage and expiration of 50 the time for reconsideration. 51 FIRST READING this day of , 2016. 52 SECOND, FINAL READING AND PASSAGE this day of 53 54 55 {00135922.1 306-9001821} CITY OF BOYNTON BEACH, FLORIDA 2016. Page 389 of 504 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 ATTEST: Judith A. Pyle Interim City Clerk (Corporate Seal) {00135922.1 306-9001821} Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 390 of 504 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 THE APPLICATION OF MICHAEL BERTINO OF 601 SE 4TH STREET, LLC. & 601 SOUTH FEDERAL, LLC, FOR HIDDEN BROOK CORPORATION, OWNER TO REZONE A PARCEL OF LAND LOCATED AT 601 FEDERAL HIGHWAY FROM COMMUNITY COMMERCIAL (C- 3) TO MIXED USE LOW INTENSITY 2 (MU -L2) WITH MASTER PLAN FOR 28 APARTMENTS AND 11,000 SQUARE FEET OF MEDICAL/PROFESSION OFFICE; PROVIDIING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a legislative amendment to the City's Future Land Use Plan which allows for the rezoning which is the subject of this Ordinance; and WHEREAS, Michael Bertino of 601 SE 4th Street, LLC. & 601 South Federal, LLC, has filed a petition on behalf of the owners, Hidden Brook Corporation High Ridge Housing, LLC., to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan and otherwise comparable City plans for development; and WHEREAS, the City Commission deems it in the best interests of the residents and property owners of said City to amend the aforesaid Revised Zoning Map as hereinafter set 28 forth. {00135894.1 306-9001821} Page 391 of 504 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated 32 herein by this reference. 33 Section 2. The following described land is rezoned from Community Commercial 34 (C-3) to Mixed Use Low Intensity 2 (MU -L2) with Master Plan for 28 apartments and 11,000 35 square feet of medical/profession office 36 LEGAL DESCRIPTION: 37 LOTS 1, 2,3 AND 4, BLOCK C OF PENCE SUBDIVISION NO. 1, ACCORDING TO 38 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 33 OF THE 39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 13 40 FEET OF LOTS 1 AND 4 FOR RIGHT OF WAY STATE ROAD NO. 5 (US NO. 1) 41 AS SHOWN IN ROAD PLAT BOOK 3 ON PAGE 11. 42 43 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 44 reference. 45 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 46 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 47 repealed. 48 Section 5. Should any section or provision of this Ordinance or any portion 49 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 50 affect the remainder of this Ordinance. 51 Section 6. This ordinance shall become effective upon final passage and 52 expiration of the time for reconsideration. 53 FIRST READING this day of , 2016. 54 SECOND, FINAL READING AND PASSAGE this day of , 2016. {00135894.1 306-9001821} Page 392 of 504 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 ATTEST: Judith A. Pyle Interim City Clerk (Corporate Seal) {00135894.1 306-9001821} 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 Page 393 of 504 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: April 20, 2016 PROJECT: 601 S. Federal Mixed Use LUAR 16-002 REQUEST: Approve 601 S. Federal Mixed Use Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use (MX), and rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office PROJECT DESCRIPTION Property Owner: Hidden Brook Corporation Applicant: Michael Bertino/601 SE 4t" Street LLC & 601 S. Federal LLC Agent: Bradley Miller, Miller Land Planning, Inc. Location: 601 Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 (Community Commercial) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use Low Intensity 2) Acreage: +/- 1.2 acres Page 394 of 504 Page 2 601 S. Federal Mixed Use LUAR 16-002 Adjacent Uses: North: Right-of-way for SE 5t" Avenue; farther north a developed commercial property (offices) and two undeveloped parcels, all classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); South: Property under construction for an assisted living facility, classified Mixed Use (MX) and zoned MU -1_2 (Mixed Use Low Intensity 2); East: Right-of-way for Federal Highway; farther east a developed multifamily residential property (Sterling Village), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; and West: Right-of-way for SE 4t" Street; farther west Pence Park, classified Recreational (R) and zoned Recreation (REC). BACKGROUND The subject property contains two parcels, both currently vacant. Applicant is seeking approval for a Future Land Use Map (FLUM) amendment and rezoning to develop a mixed use project, which would include a 28 -unit residential building and a 11,000 square foot medical/professional office building. Height Exception and Community Design Appeal applications as well as the staff - initiated code review pertaining to parking regulations are being processed concurrently. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request reflects an ongoing high demand for rental apartments. According to the Marcus & Millichap's 2016 Multifamily Investment Forecast, the vacancy rate in Palm Beach County will decrease to 4.1 %, and the average rent will increase 5.1 % to $1,476 per month.The report states as follows: 2 Page 395 of 504 Page 3 601 S. Federal Mixed Use LUAR 16-002 "The Palm Beach County apartment sector enters 2016 holding strong prospects of attaining lower vacancy and higher rents for the sixth consecutive year. A steady pace of hiring maintains a sizable pool of prospective renters, and a consistent flow of new residents into the county provides a growing source of new demand for property owners to target. This year's production will finally lift apartment inventory above the peak level registered before removals for condo conversion took place before the economic downturn. " Since the medical/professional office would be a job generator, the proposed FLUM amendment/rezoning would support the increase of both housing units and jobs. This is an important consideration given that the subject property is located within the Downtown Transit -Oriented Development District, established through the Comprehensive Plan text amendment in 2014. The District encompasses an area with a %2 mile radius of the planned Tri -Rail Link station along North East 4th Avenue just south of Boynton Beach Boulevard. Both the number of jobs and the number of housing units within the District are below thresholds set for a Community Transit Center station by the 2012 Florida Department of Transportation's TOD Guidebook (the Community Transit Center station is a model for the Boynton Beach Downtown TOD District). The model recommends the minimum gross employment intensity of 45 jobs per acre and gross residential density of 11 units per acre. The current numbers for the District are estimated to be 16 and 7, respectively. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Comprehensive Plan/ Redevelopment Plan The proposed future land classification (Mixed Use) and zoning (MU -L2) is consistent with, and implements, recommendations of the 2006 update to the Federal Highway Corridor Community Redevelopment (FHCCR) Plan. Redevelopment plans are adopted by reference into the Comprehensive Plan. The requests are also consistent with several applicable policies of the Comprehensive Plan, such as: • Policy 1.3.1.d (Future Land Use Element), which provides the definition and lists desirable characteristics of developments seeking the Mixed Use Future Land Use category: "Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems 3 Page 396 of 504 Page 4 601 S. Federal Mixed Use LUAR 16-002 and services, and promote compact development, safe and pedestrian -friendly streets, and provide transportation choices. All land development located within any mixed use designation shall be required to submit a plan that includes a single unified design for the project and shall conform to any adopted redevelopment and design plan(s) for the area covered by the designation." • Policy 1.8.2. A and B (Future Land Use Element) under Objective 1.8, which discourages urban sprawl. Given that the City is almost built out, and thus lacs lack of large, undeveloped tracks of land, the policies under this objective focus on compact, non -strip development and a cost-efficient use of public services. The policy states that "the City shall (... ) discourage urban sprawl by".- A. y". A. "Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. " Land Development Regulations Since the requested MU -1_2 zoning district is a planned zoning district, it is subject to the code's provision that requires the master plan/site plan to be submitted and reviewed concurrently with the application for rezoning (Chapter 2, Section 2.D.6). The code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. As submitted, the proposed master plan/site plan does not meet all LDR's and the deviations, in part, are intended to be addressed through applications for Height Exception and Community Design Appeal. It should also be noted that staff is proposing to amend the sustainable parking regulations to adapt them to urbanized environments, so that in lieu of open space requirements a project would be required to provide a lower heat island effect. This proposed amendment to the LDRs is being processed concurrently, and if supported by the Commission, would be applied to the subject site plan. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and 4 Page 397 of 504 Page 5 601 S. Federal Mixed Use LUAR 16-002 rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The abutting property to the south carries the same future land use classification (Mixed Use) and zoning designation (MU -1_2) as those requested for the proposed development. West of Federal Highway, the areas within the vicinity of the subject parcel include a number of vacant properties while developed properties do not represent a consistent land use pattern. The incoming ACLF will add to the diversity of uses in the area, which include a park, professional offices, stores, small apartment buildings and a single family home. On the east side of Federal Highway across from the proposed project, the 1965 Sterling Village multifamily development carries a nonconforming density of 18.6 units per acre, well above the 11 du/acre threshold for its R-3 zoning. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning meets the definition of "sustainable" as it involves compact infill mixed use development whose residents will have access to public transit via Palm Tran bus service along the Federal Highway corridor (bus stops are conveniently located nearby). Furthermore, the applicant is attempting to comply with the sustainable parking requirements of the LDRs which is conditioned upon, in part, accommodating fuel efficient vehicles, EV charging stations, covered bicycle racks, as well as providing operational programming that encourages carpooling and use of mass transit. If approved, the amended sustainable parking requirements would also yield a project that provides a lower heat island effect through optimal tree canopies and cooler roofs and hard surfaces. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The Utilities Department has confirmed long-term capacity availability for potable water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. The School District has submitted a School Concurrency Determination dated May 13, 2016 indicating the project has received concurrency approval. A traffic statement was sent to the Palm Beach County Traffic Engineering Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the TCEA and therefore meets the Traffic Performance Standards. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Page 398 of 504 Page 6 601 S. Federal Mixed Use LUAR 16-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. In terms of the current use—as already discussed in response to criterion "c"—the proposed rezoning would be compatible with nearby properties. The abutting property to the south carries the same future land use classification (Mixed Use) and zoning designation (MU -L2) as those requested for the proposed development. Moreover, the FHCCR Plan's Mixed Use future land use and MU -1_2 zoning recommendation for the subject property applies to lands along the west side of the South Federal Highway from SE 2nd Avenue to SE 12th Avenue, as well as to properties along its east side from the SE 2nd Avenue to Riviera Drive. Staff does not forsee negative impacts on property values of surrounding properties. The rezoning is reasonably related to the needs of both the neighborhood and the City as a whole. (See also comments in response to criterion "a" and criterion "g" below.) g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould. (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed FLU amendment/rezoning requests reflect the ongoing economic recovery and the current market demand, adhering to criterion "g3". It would, if approved, enhance the City's tax base (criterion "g2") and create new employment opportunities, some with pay above the county's mean 2015 annual wage of $48,860 ("g4"). The medical office use would be complementary to the incoming ALS Ce Page 399 of 504 Page 7 601 S. Federal Mixed Use LUAR 16-002 project to the south of the subject project (g6). Lastly, as stated above under review items ""b" and "c", the project will advance the City's sustainability objectives by minimizing parking supply and impervious surfaces, accommodating fuel efficient vehicles and promoting use of mass transit, and by providing a project that emphasizes a reduction in its heat island effect ("g5"). h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The requests propose to reclassify/rezone commercial land to a mixed use project with a commercial office component. As discussed above (criterion "g"), the proposed FLUM/rezoning satisfies four of the Direct Economic Development Benefits under this criterion. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As stated already in this report, the approval of the proposed FLUM/rezoning request would constitute implementation of the Federal Highway Corridor Community Redevelopment Plan. Mixed use projects require Mixed Use future land use classification and a mixed use zoning district. In turn, these designations require consistency with a Community Redevelopment Plan. (Clearly, vacant land meeting the latter requirement must be available.) It should also be noted that the CRA and City staff are currently working on the CRA Consolidated Plan, which is intended to both combine and update the existing redevelopment plans. The Consolidated Plan recommendation for the subject property will likely retain the 40 du/acre density recommendation of the Federal Highway Corridor Community Redevelopment Plan. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e 7 Page 400 of 504 Page 8 601 S. Federal Mixed Use LUAR 16-002 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. As submitted, the proposed master plan/site plan does not meet all LDR's and the deviations, in part, are intended to be addressed through applications for Height Exception and Community Design Appeal. It should also be noted that staff is proposing to amend the sustainable parking regulations to adapt them to urbanized environments, so that in lieu of open space requirements a project would be required to provide a lower heat island effect. This proposed amendment to the LDRs is being processed concurrently, and if supported by the Commission, would be applied to the subject site plan. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the Federal Highway Corridor Community Redevelopment Plan. However, staff's recommendation of approval is contingent upon approval of Height Exception and Community Design Appeal as well as the parking - related code review. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\LUAR 16-002\LUAR 16-002 601 S. Federal Staff Report.doc 8 Page 401 of 504 EXHIBIT A SITE LOCATION MAP 601 S. FEDERAL HIGHWAY (LUAR 16-002) Legend Future Land Use Categories LOCAL RETAIL COMMERCIAL (LRC) MEDIUM DENSITY RESIDENTIAL (MEDR) Max HIGH DENSITY RESIDENTIAL (HDR) Max. 11 RECREATIONAL (R) MIXED USE (MX) 10 D.U./Acre D.U./Acre N 0 25 50 100 iso 200 Page 402 of 504 PUBLIC HEARING 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve request for a Community Design Plan Appeal (CDPA- 001) of Chapter 2, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) EXPLANATION OF REQUEST: The applicant proposes a three (3) story, 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 -unit apartment building fronting on the SE 4th Street side of the property, and requires approval of a Community Design Plan Appeal for three (3) locations on the site. Staff supports the appeal based upon site constraints and amenities designed into the spaces that prevent the ideal setbacks as required by the mixed use zoning district regulations. The 30 -foot north setback of the office building is the result of the provision of a large plaza area necessary to accommodate elevation differences between the built environment and proposed improvements, the 19 -foot south setback for the office building accommodates the installation of a bus shelter and a required utility easement, and the 45 -foot south setback for the residential building allows for the pool and recreation building amenities. The Planning & Development Board recommended approval of this request at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in ad valorem taxes associated with the improvement of a vacant site to an urban infill project, permit fees associated with the construction and business tax fees for the new businesses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 403 of 504 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Reviewer Action Type Description D Staff Report Staff Report (CDPA 16-001) D Location Map Location Map D Drawings Site Plan D Drawings Landscape Plan D Other Justification Statement D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 5/31/2016 - 4:59 PPA Development Mack, Andrew Approved 6/3/2016 - 10:41 AKA Finance Howard, Tim Approved 6/7/2016 - 2:43 PPA Legal Swanson, Lynn Approved 6/9/2016 - 1:00 PPA City Manager LaVerriere, Lori Approved 6/15/2016 - 2:42 PPA Page 404 of 504 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-023 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission FROM: Michael Rumpf, Planning and Zoning Director DATE: May 17, 2016 PROJECT NAME/NO: 601 S. Federal Mixed Use / CDPA 16-001 REQUEST: Approve request fora Community Design Plan Appeal of Chapter2, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. Property Owner: Hidden Brook Corporation Agent: Bradley D. Miller, Miller Land Planning, Inc. Location: 601 S. Federal Highway (see Exhibit "A" — Location Map) Site Details: The applicant has submitted development applications for a Land Use and Rezoning, New Site Plan, Community Design Plan Appeal and Height Exception for a mixed-use project known as 601 S. Federal Mixed Use, which proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 unit apartment building fronting on the SE 4th Street side of the property. The vacant site consists of two (2) parcels bordered by Federal Highway on the east, SE 4th Street on the west, and SE 5th Avenue to the north. The property is currently zoned C-3 (Community Commercial) and is the subject of a request for rezoning to MU -1_2 (Mixed Use -Low 2). NATURE OF REQUEST Bradley Miller is requesting approval of a Community Design Plan Appeal of Chapter 2, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, for three (3) locations on the site. BACKGROUND AND ANALYSIS The application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter2, Article III, Section 5.C., which requires buildings to be constructed along the roadway frontages with a build -to -line of 0 to 10 feet. Approval may be granted by staff of up to a 15 foot setback in order to 1) Page 405 of 504 Staff Report — 601 S. Federal Mixed Use (CDPA 16-001) Memorandum No PZ 16-023 Page 2 optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating area. However, as described below, there are three (3) locations in this project in which the buildings are proposed to be located outside of the build -to - line, and accordingly, are the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit "C") dated March 15, 2016 addressing each of the following review criteria for such applications: • a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; • b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; • c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; • d) Whether the proposed request is intended to save or preserve existing trees or desired flora; • e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; • f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; • g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; • h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and • i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The first appeal is for the north side of the office/retail building at the NE corner of the site, which is proposed with a setback nearly 30 feet from the north property line. The applicant is proposing a public plaza in this area consistent with the Community Redevelopment Agency (CRA) design guidelines. Due to the fact that the building must meet minimum finished floor flood elevation (which is over 2.5 feet higher than surrounding improvements), the plaza area needs to be designed in a manner that accommodates handicap access to the building entrance on the north side of the structure. Since the plaza will also incorporate signage for the project, benches and landscaping pursuant to the CRA design guidelines and the Land Development Regulations (LDR), the size of the plaza would have to expand beyond 15 feet in order to properly function. Since it is the desire of the City to create functional plaza areas in the urban core to comfortably accommodate pedestrians and enhance their downtown experience, as well as facilitate required handicap accessibility, staff supports this appeal request. The second appeal involves the south side of the office/retail building adjacent to the assisted living facility currently under construction, and is proposed with nearly a 19 foot setback from the south property line. Within this area, there is a 7 foot Page 406 of 504 Staff Report — 601 S. Federal Mixed Use (CDPA 16-001) Memorandum No PZ 16-023 Page 3 wide utility easement and a 12 foot wide bus shelter. The bus shelter must be located so it does not interfere with the water and sewer lines located in the utility easement, somewhat dictating how far the office/retail building must be placed away from the south property line. As staff promotes the placement of bus shelters at locations of mixed use developments on main transit routes for residents and employees alike, the bus stop furthers the City's goal of green building and smart parking provisions by providing transit incentives and less dependence on the automobile. And as noted by the applicant, "Although the primary building is not within the build to line, the bus shelter does meet this requirement and will be constructed in a consistent architectural theme as the main building, providing for the streetscape and intent of the build to line". Based upon the City's desire to have the bus shelter located on Federal Highway to further our transit goals, the proposed design of the shelter to match that of the building, and the continuation of the built environment (bus shelter) to within seven (7) feet of the south property line to avoid large gaps between buildings (even though not the minimum 30 feet in height required of buildings fronting Federal Highway in the MU -1_2), staff supports this appeal request. Lastly, the third appeal involves the south side of the proposed 28 -unit apartment building on the west side of the parcel, abutting SE 4th Street to the west and the assisted living facility that is currently under construction to the south. The apartment building itself is proposed to be approximately 45 feet from the south property line, with the multi-use/pool building and pool associated with the apartment building located less than 15 feet from the south property line. The applicant also proposes a fence and landscaping to extend from this accessory building to the south property line in an effort to continue the streetscape. The City encourages the provision of resident amenities such as pools and recreation (multi- use) structures. This is a tight site, and with the narrow footprint of the apartment building, wrapping the pool amenity into a courtyard is really not feasible, nor is the placement within the parking area. The space chosen by the applicant is probably the best choice for screening and privacy. With that being said, the amenity building, though not the minimum 30 feet in height required of buildings fronting on collector streets such as SE 4th Street, does provide the appearance of a fairly continuous streetscape. The proposed south setback will also allow for the preservation of a couple large Oak trees near the south property line. Based upon the City's desire for projects of this nature to provide on-site recreation amenities, the lack of other places on site to adequately site this amenity, and the continuation of the built environment (multi-use/pool building) to within fifteen (15) feet of the south property line to avoid large gaps between buildings (even though not the minimum 30 feet in height required of buildings fronting collector roads within the MU -1_2), staff supports this appeal request. In conclusion, staff has determined that the project meets the intent of the review criteria for Community Design Plan Appeal, understanding the proposed design is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability or appearance of the city, will preserve existing large Oak trees, and should not have any adverse impact on property values of abutting or adjacent land, and furthers City goals and objectives for sustainable development and green initiatives through the provision of a transit shelter, public plaza, and the preservation of trees. Page 407 of 504 Staff Report — 601 S. Federal Mixed Use (CDPA 16-001) Memorandum No PZ 16-023 Page 4 RECOMMENDATION Staff has reviewed this request for Community Design Plan Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for Land Use & Rezoning, New Site Plan, and Height Exception, and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\CDPA 16-001\CDPA Staff Report.doc Page 408 of 504 EXHIBIT A SITE LOCATION MAP 601 S. Federal Highway 0 15 30 60 90 120 Page 409 of 504 LE'�M�IIHG :«2 C ) \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e P- 410 f 504 _, °«w���.. _mw,� , /\ /�/ � - - - F`_ ![2 i/ & _ ,}{ ©» //Q® {=- - y:- ` /�\�} \� \� \\g2 \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e P- 410 f 504 /\ /�/ „o — v— > 4q TA TEROAO NO. 5) ���mws��mmJ m +O(D (D 8 a � � � � ob B$S m $2 JI � H §- ° sn M � as as ao W9m�ms . g 6 Q 6➢— �I � s � � � � s o a � � � a � � � as � ��. iS ml��� as ae o 's oaooea Cl cd 9 5� J JJ J JJ J o +. Q t FFy EF Ff 6 oa m m$ E % 3 '� awaaa Boa aw "3a 8 a� Z „o — v— > 4q TA TEROAO NO. 5) ���mws��mmJ m +O(D (D 8 a � � � � ob B$S m $2 JI � H §- ° sn M � as as ao W9m�ms . g 6 Q 6➢— �I � s � � � � s o a � � � a � � � as � ��. iS ml��� as ae o 's oaooea ao Oqu 5� J JJ J JJ J Sm t FFy EF Ff 6 oa m m$ E % 3 '� awaaa Boa aw "3a 8 a� Z gaaa�����n�a ease as a qa $� M 1 s 2�.R a8p J: ..°....x a ase $° e€ v a sj 4 9 O sss�,m,m^_ssssss;e;sss^ 's s ao Oqu 5� J JJ J JJ J Sm t FFy EF Ff 6 oa m m$ E % 3 '� awaaa Boa aw "3a 8 a� Z gaaa�����n�a ease as a qa $� M 1 s 2�.R a8p J: ..°....x IIIMILLER LAND PLANNING, INC. 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Phone m (561)736.8838 Fax ■ (561)736.8079 Email ■ millerlandplanning.com Original: March 15, 2016 Appeal to Community Design Standard Justification Statement This application requests approval of a community design appeal for specific build to line requirements found in Chapter 3, Article III, for the proposed 601 S. Federal mixed use project. Code Section 1.E requires that buildings be constructed along the roadway frontages with a build to line of 0 to 10 feet. However, as described below, there are three locations in this project that requires the building to be located outside of the build to line and accordingly are the subject of this appeal. Building B I North Facade - Building B is setback 29.7 feet from the north property line. Within this area there is a loading zone along SE 5th Avenue as well as a public plaza area that provides a transition from the hard corner of Federal Highway and SE 5th Avenue to the building main entrance from the plaza. Given the property grades in this area, the plaza area will also incorporate a ramp system for handicap accessibility, signage for the project, benches and landscape areas which are requirements form other provisions of the code. There is also site clear zones at this intersection that are required by both the City and FDOT so visibility is not restricted for vehicles traveling from SE 5th Avenue to Federal Highway. If the building were located to comply with the maximum 10 foot build to line, it would encroach the site clear zones, creating an unsafe condition, plus this area can be used for the other improvements within the plaza area. Accordingly, we request the appeal approval for this area on the north facade of Building B. Building B I South Facade - Building B is setback 18.7 feet from the south property line at its nearest point. Within this area, there is a 7 foot wide utility easement and a 12 foot wide bus shelter. The bus shelter cannot interfere with the water and sewer lines located in the utility easement, therefore this is the closest the Building B can be located from the south property line. Although the primarily building is not within the build to line, the bus shelter does meet this requirement and will be constructed in a consistent architectural theme as the main building, providing for the street scape and intent of the build to line. Accordingly, we request the appeal approval for this area on the south facade of Building B. Building C I South Facade - Building C is a multi use building to support the residential building and pool and it is located 14.8' from the south property line. Building C was originally a larger building and located within the build to line, however to address staff comments regarding existing trees in this area of the site and adjoining site, the building was reduced in size to allow the trees to remain. There will be a fence and landscape to extend from Building C to the south property line that will continue the street scape Page 412 of 504 601 S. Federal Highway Appeal to Community Design Standard March 15, 2016 intended by this code section. Accordingly, we request the appeal approval for this area on the south facade of Building C. Article X, Section B.1.3 of the Code states that In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. The following provides the review criteria and response justify this application for appeal. a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. The proposed project and community design appeal continues to be consistent with the intent of the Comprehensive Plan by providing other amenities along the roadway frontage that compliment the primary buildings. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The design of the buildings and the appeal will be an enhancement to the livability and appearance of this property and provide a high quality office and residential project. C. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. A description of each of the deviations requested is provided above and how they cannot meet the code section that is being appealed. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. Building C was reduced in size and located outside of the build to line to accommodate existing trees pursuant to meetings with the City Landscape Inspector and an arborist. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. Page 413 of 504 601 S. Federal Highway Appeal to Community Design Standard March 15, 2016 There will not be any averse environmental impacts created by the proposed deviations. In fact, for Building C, the purpose is to better accommodate for landscape. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. There will be no adverse impact on abutting or adjacent lands. Building B is located in line with the approved assisted living facility building to the south and will continue the street scape for this section of the roadway frontage. Buildings A and C will be the first of these buildings to be located and start a street scape along SE 4th Street. The development of this property is likely to enhance the values of properties in the area. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. This project is bounded by roads to the east, north and south and the buildings located on the site are separated to allow for light and air on site as well as adjacent properties. The deviation for the south side of Building B will actually provide separation, thus light and air, from the assisted living facility building to the south. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. This project furthers the objectives of the Federal Highway Corridor Plan for mixed uses to be developed along the Federal Highway corridor. Approval of he proposed appeal will allow for the development of an office building with employment opportunities and a residential building for more housing opportunities. The two uses will hopefully share in employment opportunities of the businesses with potential employees within the residential building. i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed appeal for both the north and south facades of Building B are necessary due to conflicts of other development requirements as described in the summary above. The proposed appeal for the south facade of Building C is necessary to support the potential of saving existing trees. Page 414 of 504 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: 601 S. Federal Mixed Use File number: CDPA 16-001 Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning and New Site Plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Page 415 of 504 601 S. Federal Mixed Use (CDPA 16-001) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\CDPA 16-001 \COA after P&D.doc Page 416 of 504 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: 601 S. Federal Mixed Use (CDPA 16-001) Michael Bertino, 601 S. Federal LLC & 601 SE 4th Street LLC PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 5.C., "Build -to -line", which requires buildings be constructed with a build -to -line of 0 to 10 feet, for three (3) locations on the site. LOCATION OF PROPERTY: 601 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\CDPA 16-001\DO.doc Page 417 of 504 PUBLIC HEARING 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve request for Height Exception (HTEX 16-001) to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items - (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) EXPLANATION OF REQUEST: The applicant proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven -(7) story, 28 -unit apartment building fronting on the SE 4th Street side of the property, and requires approval of a Height Exception to allow the elevator tower and mechanical equipment enclosure for the residential portion of the project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. According to the Land Development Regulations, Chapter 2, Article II, Section 4.C., electrical and mechanical support systems and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations, and are eligible for consideration of approval by the City Commission on a case-by-case basis. Staff has determined that the project meets the intent of all of the review criteria for Height Exception and recommends approval. The decorative roof structure provides dimension and interest along the roofline, and enhances the appearance of the building, while providing the necessary mechanical and roof access spaces and screening in accordance with code regulations (rooftop equipment shall be screened for a distance of 600 feet in each direction), while only encompassing approximately 7% of the rooftop area. The Planning & Development Board recommended approval of this request at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in ad valorem taxes associated with the improvement of a vacant site to an urban infill project, permit fees associated with the construction and business tax fees for the new rental project and office uses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 418 of 504 Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Action Type Description D Staff Report Staff Report (HTEX 16-001) D Location Map Location Map D Drawings Site Plan D Drawings Apartment Elevations (1) D Drawings Apartment Elevations (2) D Drawings Roof Plan D Other Justification Statement D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 5/31/2016 - 5:08 PPA Development Mack, Andrew Approved 6/3/2016 - 10:51 AKA Finance Howard, Tim Approved 6/7/2016 - 2:46 PPA Legal Swanson, Lynn Approved 6/9/2016 - 12:58 PPA City Manager LaVerriere, Lori Approved 6/15/2016 - 2:43 PPA Page 419 of 504 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-022 TO: Chairman and Members Planning & Development Board and City Commission FROM: Michael Rumpf Director of Planning and Zoning DATE: May 16, 2016 PROJECT: 601 S. Federal Mixed Use / HTEX 16 - 001 REQUEST: Approval of height exception request to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. PROJECT DESCRIPTION Property Owner: Hidden Brook Corporation Applicant: Mike Bertino of 601 S. Federal LLC &601 SE 4th Street LLC Agent: Bradley Miller of Miller Land Planning, Inc. Location: 601 S. Federal Highway (see Exhibit "A" — Location Map) Existing Land Use / Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: Mixed Use (MX) / Mixed Use -Low Intensity 2 (MU -L2) Proposed Use: Construction of a mixed-use project, consisting of an 11,000 square foot commercial building and a 28 unit apartment building. Acreage: 1.2 -acres Adjacent Uses: North: Right-of-way for SE 5th Avenue; farther north a developed commercial property (offices) and two undeveloped parcels, all classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); South: Property under construction for an assisted living facility, classified Mixed Use (MX) and zoned MU -1_2 (Mixed Use Low Intensity 2); East: Right-of-way for Federal Highway; farther east a developed multi -family residential property (Sterling Village), classified High Density Residential (HDR) and zoned R-3, Multi -family Residential; and West: Right-of-way for SE 4th Street; farther west Pence Park, classified Recreational (R) and zoned Recreation (REC). Page 420 of 504 Page 2 Memorandum No. PZ 16-022 BACKGROUND The applicant has submitted development applications for a Land Use and Rezoning, New Site Plan, Community Design Plan Appeal and Height Exception for a mixed-use project known as 601 S. Federal Mixed Use, which proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 unit apartment building fronting on the SE 4th Street side of the property. The application submitted for Height Exception approval is for a decorative roof enclosure over non -habitable space that includes access to the stairwell, elevators and A/C equipment. The maximum building height in the MU -1_2 zoning district is 65 feet. The elevations (see Exhibit "B" — Sheet A1.4) show that the buildings would be constructed utilizing a parapet wall, with the actual roof deck at a height of 65 feet. The code indicates flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However, as noted above, the mechanical spaces exceed the maximum allowable height of the zoning district, thus the application for a Height Exception of 10 feet over the district maximum has been submitted in conjunction with the other previously noted applications for development approval. ANALYSIS The Land Development Regulations, Chapter 2, Article II, Section 4.C., Height Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. According to this Section, electrical and mechanical support systems and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations, and are eligible for consideration of approval by the City Commission on a case-by-case basis. The applicant has submitted a Justification Statement (Exhibit "C") dated March 15, 2016 addressing each of the following review criteria required for these applications: 1) Whether the height exception would adversely affect any of the following: a) light and air; b) property values; c) the living conditions; or d) existing or proposed land uses; 2) Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; 3) Whether the height exception would contribute to the architectural character and form of the proposed project; 4) Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; 5) Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; 6) Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and 7) Whether sufficient evidence has been presented to justify the need for a height exception. Staff has determined that the project meets the intent of all of the review criteria for Height Exception. The decorative roof structure provides dimension and interest along the roofline, and enhances the appearance of the building, while providing the necessary mechanical and roof access spaces and screening in accordance with code regulations (rooftop equipment shall be screened for a distance of 600 feet in each direction). In considering the standards for granting approval, staff agrees with the applicant that the exception is necessary to provide the required access to the roof, that there should be no adverse effect, and that the requested exception would not severely reduce light and air in adjacent areas. The property is surrounded by road rights-of-way on three (3) sides and the fourth side is currently being developed as an assisted living facility, which was approved at comparable height (building segments between 50 and 68 feet in height, with the stair tower/elevator equipment room at 74 feet). Additionally, the tallest part of this apartment building will be adjacent to the interior of the project's parking lot and the parking lot of the adjacent assisted living facility. The area of request is not intended to Page 421 of 504 Page 3 Memorandum No. PZ 16-022 be occupied space and there should be no perception of the project as a deterrent to the improvement or development of adjacent properties or as a special privilege granted to the applicant. Finally, the exception request is for approximately 350 square feet of the 5,056 square foot roof area, or approximately 7% of the rooftop area. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of ten (10) feet be approved for the mechanical equipment on the roof of the apartment building. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" — Conditions of Approval. S:\Planning\Shared\Wp\Projects\601 S. Federal Mixed Use\HTEX 16-001\Staff Report.doc Page 422 of 504 EXHIBIT A SITE LOCATION MAP 601 S. Federal Highway 0 15 30 60 90 120 Page 423 of 504 LE'�M�IIHG :«2 C ) \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e P- 424 f 504 _, °«w���.. _mw,� , /\ /�/ � - - - F`_ ![2 i/ & _ ,}{ ©» //Q® {=- - y:- ` /�\�} \� \� \\g2 \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e P- 424 f 504 /\ /�/ 6Mp 6pIQ le pisaH suoi1eial3 £LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, -H'HOVHE NOIA09 'AANH "IVTI3Q3-4'S 109 o Q M -1v1d1Q1d'S Gao o a `ti 109 0o W wLu lY o� W lY W F = W OU O O O O D O m O O O �O O Q az =w rj)o z in Ow FOf U U D m LL fcoOOf Z O ON U w S �O Of N O coo W W J co O a X zwF a a Z 0 z O ; w Q W o WT� W Z o Ti CO oil Ill Ill I - - Ill Ill Ill Ill HEH Wil Wil Wil � ® ® ® Wil w EH 6Mp 6pIQ le pisaH suoi1eial3 £LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, Ill Ill - - Ill Ill Ill Ill Wd BL-S&£9LOZ/9L/S 6Mp 6pIQ le pisaH suoi1eial3 6LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, 11 41,/9 -H'HOVHE NOIA09 'AANH "IVTI3Q3-4'S 109 o Q �Rfi a -1v1d1Q1d'S Gao w W Q 109 0o MLu lY o� W lY W F = W OU m O O O O D O O O O �O O Q az =w ri)o z in Ow FOf U U D m LL fcoOOf Z O ON U w S �O Of N O coo a� W o w� W W J co O a X zwF a Z O -o F-22 a z o s� o s� W W ; W W o z co � W >. co FM FH El, EN A TTF H LL 6Mp 6pIQ le pisaH suoi1eial3 6LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, 11 41,/9 a� W o w� b,,p Mlplapuapis,H u,ld4,,H SLV ---P, Wd LO 9c ME19L19 VY � ®® 73 `Hd3E NOS.COE '.CMH "IVTI3Q3-4 5109 -ivlalalA,S Gao a 109 �Q aoo� NN< z a 0 zo =o C9� d LL o-s m O O , O<u Oa af. wJ ?u i i ®®®® i it pl 1 1 1 1 i i i i i 1 1 i i i i i i i i i i i mom ❑00000 In In In In❑0 ❑� � in ini in❑off s In ❑0 In ❑� 0 In ii O i i i i i i i i it i i i i it i i i i i i i i i i i i i i i i i b,,p Mlplapuapis,H u,ld4,,H SLV ---P, Wd LO 9c ME19L19 _MILLER LAND PLANNING, INC. Height Exception Application Justification Statement 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Phone m (561) 736.8838 Fax ■ (561) 736.8079 Email ■ millerlandplanning.com Original: March 15, 2016 Pursuant to Chapter 2, Arctic II, Sec. 4.C., this application requests approval of a height exception for the parapet and screening of mechanical equipment that exceed the maximum allowed MU -1-2 zoning district height of 65 feet for Building A of the proposed 601 Federal Highway mixed use project. The building is designed with a flat roof at 65 feet with an elevator shafts that extend above that are screened by the parapet and an architectural element. The maximum height of the parapet that surrounds the building is 4'-3" above the roof line and the architectural element is 9'-7" above the roof line. Accordingly, this application requests the approval of the height exception based on the review criteria and responses to subsection 4.C. outlined below. 3. Review Criteria. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; The parapet and architectural element are provided as a "finish" to the top of the building and screening of the elevator shafts that extend above the roof line. The architectural element is located in the center portion of the roof. These proposed architectural features enhance the look of the building and will not have adverse affect on the subject site or surrounding properties. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; The height exception will allow for the development of this vacant parcel in an area that is promoted by the City for redevelopment. The proposed development will be complimentary to the assisted living facility that is being constructed immediately to the south with a building with similar height. The height exception will not be a deterrent to development or improvement of adjacent properties. Page 428 of 504 601 S. Federal Highway Height Exception March 15, 2016 2 C. Whether the height exception would contribute to the architectural character and form of the proposed project; As indicated above, the parapet and architectural element provide a "finish" to the top of the building and provide screening to the elevator shafts. These features certainly do contribute to the architectural character of the building and project. d. Whether the height exception would positively contribute to the city's desired image, street scape design, or recommendation of any applicable redevelopment plan; The project is designed based on the design standards and guidelines of the City and CRA. The height exception assists in that design. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The height exception specifically has no affect on sustainable development or green initiatives, however the proposed development includes sustainable developments and green initiative features including compact parking with charging stations, covered storage areas for bikes and scooters, motorcycle parking and a bus shelter for public transit use. f. Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and This project is directly contrary to the review criteria. The purpose of this height exception is to provide for better architecture and aesthetics of the building and overall project. g. Whether sufficient evidence has been presented to justify the need for a height exception. This application is reviewed by staff to make that determination; however, the applicant fully believes that there is sufficient justification for the height exception approval. M:\M L P C\PROJECTS\601 S. Federal Hgwy (Francois)\4 - Submittals\4-Height exception & Design Appeal 03.15.16\Height exception justification.wpd Page 429 of 504 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: 601 S. Federal Mixed Use File number: HTEX 16-001 Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning and New Site Plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Page 430 of 504 601 S. Federal Mixed Use (HTEX 16-001) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\HTEX 16-001 \COA after P&D.doc Page 431 of 504 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: 601 S. Federal Mixed Use (HTEX 16-001) Michael Bertino, 601 S. Federal LLC & 601 SE 4th Street LLC PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Height Exception approval to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. LOCATION OF PROPERTY: 601 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\HTEX 16-001\DO.doc Page 432 of 504 9.G. PUBLIC HEARING 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Approve request for New Site Plan (NWSP 16-002) for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) EXPLANATION OF REQUEST: The applicant proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 -unit apartment building fronting on the SE 4th Street side of the property, along with requests for Land Use Amendment and Rezoning (to Mixed Use Low -2), Community Design Plan Appeal (for increased building setbacks) and Height Exception (to allow the screening of rooftop equipment above the maximum height of the building). The applicant has proven eligible for use of the City's sustainable parking provisions through documentation of a projected lower parking demand compared to the standard parking ratios for the proposed uses. In exchange the developer will comply with the site design and operational practices required by the sustainable parking regulations such as providing a charging station for electric vehicles, and the proposed amendment to said regulations to promote the reduction in the project's heat island effect. The developer as proven partial compliance with this proposed addition to the sustainable parking regulations and full compliance will be confirmed at time of permit review. For additional information on the proposed amendment to the parking regulations, see "Sustainable Parking (Heat Island Effect) and On -street Parking (CDRV 16-003)" which is being concurrently processed with this site plan application. Should this request be approved, it is contingent upon the approval of the requests for Land Use Amendment and Rezoning (LUAR 16-002), Height Exception (HTEX 16-001), Community Design Plan Appeal (CDPA 16- 001), the approval of the sustainable parking/green amendments to the Land Development Regulations (CDRV 16-003), and all comments indicated in Exhibit "C" — Conditions of Approval. The Planning & Development Board recommended approval at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in ad valorem taxes associated with the improvement of a vacant site to an urban infill project, permit fees associated with the construction and business tax fees for the new businesses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 433 of 504 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Action Type Description D Staff Report Staff Report (NWSP 16-002) D Location Map Location Map D Drawings Site Plan D Drawings Landscape Plan D Drawings Apartment Color Rendering D Drawings Apartment Elevations (1) D Drawings Apartment Elevations (2) D Drawings Apartment Floor Plans D Drawings Apartment Unit Detail D Drawings Apartment Roof Plan D Drawings Office Color Rendering D Drawings Office Elevations (1) D Drawings Office Elevations (2) D Drawings Office Floor Plans D Drawings Office Roof Plan D Drawings Pool House Color Rendering D Drawings Pool House Elevations D Drawings Pool House Floor Plan D Conditions of Approval COA D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 6/1/2016 - 9:26 AM Development Mack, Andrew Approved 6/6/2016 - 3:29 PKA Finance Howard, Tim Approved 6/7/2016 - 2:48 PKA Legal Swanson, Lynn Approved 6/9/2016 - 1:00 PKA City Manager LaVerriere, Lori Approved 6/15/2016 - 2:44 PKA Page 434 of 504 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-002 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission FROM: Michael Rumpf Planning and Zoning Director DATE: May 17, 2016 PROJECT NAME 601 S. Federal Mixed Use (NWSP 16-002) REQUEST: Approve 601 S. Federal Mixed Use New Site Plan for 28 apartments and 11,000 square feet of medical/professional office on approximately 1.2 acres proposed to be rezoned to MU -L2. PROJECT DESCRIPTION Property Owner: Hidden Brook Corporation Applicant: Michael Bertino/601 SE 4t" Street LLC & 601 S. Federal LLC Agent: Bradley Miller, Miller Land Planning , Inc. Location: 601 Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 (Community Commercial) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use Low Intensity 2) Proposed Use: 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office Acreage: +/- 1.2 acres Adjacent Uses: North: Right-of-way for SE 5t" Avenue; farther north a developed commercial property (offices) and two undeveloped parcels, all classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Page 435 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 2 South: Property under construction for an assisted living facility, classified Mixed Use (MX) and zoned MU -1_2 (Mixed Use Low Intensity 2); East: Right-of-way for Federal Highway; farther east a developed multifamily residential property (Sterling Village), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; and West: Right-of-way for SE 4t" Street; farther west Pence Park, classified Recreational (R) and zoned Recreation (REC). PROPERTY OWNER NOTIFICATION Owners of properties located within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject property, consisting of two (2) parcels and currently vacant, extends from Federal Highway through to Southeast 4t" Street, with Southeast 5t" Avenue as its northern boundary. The site was previously developed with the Gentleman Jim's restaurant, which was closed and demolished in 2004. The property is located within the TCEA (Traffic Concurrency Exception Area) and the Downtown Transit -Oriented Development District. PROPOSAL The applicant is proposing a two -building mixed use project with the associated recreational amenities and parking on the 1.2 -acre parcel. A 7 -story, 35,881 square foot multi -family building with 28 two-bedroom dwelling units is proposed to front along Southeast 4t" Street; a 3 -story, 11,000 square foot medical/professional office building is proposed to front on Federal Highway. Height Exception and Community Design Plan Appeal applications as well as two staff - initiated code reviews pertaining to parking regulations are being processed concurrently. ANALYSIS Traffic: A traffic statement was sent to the Palm Beach County Traffic Engineering Division for concurrency review. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the Page 436 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 3 TCEA, and that it meets the Traffic Performance Standards. The project would generate 559 new daily trips, with 41 AM peak hour trips and 55 PM peak hour trips. No building permits for the project are to be issued by the City after the project's build -out date of end of year 2019. School: The applicant submitted a request for a School Capacity Availability Determination to the School District of Palm Beach County, who determine capacity is available for the project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water demand per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidence through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Police/Fire: The Police Department and Fire Department note that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit stage. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Access: As depicted on the Site Plan (Sheet SP -1), the site is proposed to be accessed at a sole point, with a 24 foot wide curb cut located on SE 5t" Avenue, approximately 60 feet west of Federal Highway. The two-way drive provides adequate circulation through the parking lot for residents, patrons, emergency services and waste removal. Parking: According to Chapter 4, Article V, Section 2.B and 2.C, the proposed mix of office and residential uses requires 105 parking spaces: 56 spaces for 28 two- bedroom apartments at 2 spaces per unit, 5 guest spaces at 0.15 spaces per unit, and 44 spaces for 11,000 square feet of office use at 1 space per 250 square feet, based upon a mix of general (1/300) and medical office uses (1/200). However, the applicant is seeking eligibility for reduced off-street parking ratios under the Flexible Parking Provisions Promoting Smart Growth ("sustainable" parking per Chapter 4, Article V. Section 3.G). Under the subject provisions, the parking requirement for a two-bedroom residential unit is 1.66 spaces, and a parking rate for any type of office use is 1 space for 250 square feet. The reduced ratios result in a requirement of 46 spaces for the residential use and 44 spaces for the office component of the project; as the 5 -space guest Page 437 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 4 parking requirement continues to apply, the total number of required parking spaces is 95. The applicant submitted a statement justifying the proposed project's eligibility for the Smart Growth parking reduction. A justification statement must demonstrate the adequacy of the proposed parking resources and design and show that all sixteen (16) criteria for sustainable design and operation of the project are being met. In support of the first requirement, the applicant provided a parking demand study prepared by Simon and White, an engineering firm. The statement claims compliance for total required parking, based on their professional engineering judgment and data from three (3) methods of calculating required parking, including the Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) and surrounding municipalities. The justification statement from the applicant also notes that the project is in compliance with the requirements of the sustainable parking provisions by providing for fuel efficient vehicles by accommodating vehicle charging stations, motorcycle parking and covered bicycle parking, facilitating a ride -share program, maintenance of transit schedules, reduced rental rates based upon number of vehicles, the provision of bicycles for resident use, parking permits and on-site management enforcement. The applicant also proposes to construct the project utilizing several green/sustainable principals, including white/reflective rooftops, retention of canopy trees, plus the installation of additional, retaining greenspace by postponing any potential paving of tandem parking spaces. The application of these principals to the project are intended to minimize the site's "heat island effect", and comply with one of the two proposed, city -initiated amendments to the City's sustainable parking requirements and intended to offer an option to the open space criterion of these requirements for smaller properties and/or urban infill projects where it is not practical to expect significant saving or creation of open space. The site plan proposes a total of 102 parking spaces. It should be noted that this total parking supply count assumes approval of the second city -initiated amendment to the LDRs that would expand the on -street parking provisions. Currently the LDRs allow a project to include in tabulating spaces to be provided to meet minimum parking needs the on -street spaces immediately abutting the subject project. The proposed amendment would allow the on - street spaces existing on the opposite side of the street to also count toward parking supply in limited circumstances (see CDRV 16-004). Of the proposed 102 parking spaces, 68 are regular on-site spaces conforming to code requirements for the CRA of 9 feet wide by 18 feet long for 90 degree parking; 4 (four) are Handicap spaces dimensioned 12 feet by 18 feet; 9 (nine) are compact spaces dimensioned 8 feet wide by 18 feet; 3 (three) are motorcycle spaces of 3 feet wide by 16 feet long, and 10 are existing off-site spaces. Additionally, as required by "sustainable parking" regulations, 8 (eight) spaces are indicated on the site plan as contingency parking, as a precaution, Page 438 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 5 to be added in the event that a shortage for the average daily parking demand is subsequently realized. Also the applicant has provided operational rules and strategies to ensure parking demand does not exceed capacity, including lower rental rates for those residents with one or no vehicles, issuance of tenant parking permits, rental of some units with the limit of one parking space during the peak parking demand hours of (8AM - 5PM) and on site management to monitor parking. The applicant also acknowledges they will provide a valet service, should the proposed above -noted strategies not operate as planned. The one aspect of the sustainable parking provisions that the project is not satisfying regards the intent to save green space from unnecessary asphalt and parking spaces. This circumstance has prompted staff to re-examine the applicability of this criterion for small urban and infill projects with limited area to achieve compliance with the open space objective. Staff realized the solution was not to find that the open space requirement was not applicable in such circumstances, but instead identified another opportunity for an additional LDR amendment to further the effectiveness and appropriateness of sustainable development regulations. The solution: to provide an alternative to providing/preserving green space while still providing a lower heat island effect. Staff concurrently proposes an amendment to the LDR that requires the project to provide a lower heat island effect through greater roof reflectivity, use of white concrete parking lots instead of black asphalt, and greater tree canopy through the use of more canopy trees and fewer palms to shade hard surfaces. The applicant will be provided the opportunity to further demonstrate compliance with these comparable green regulations at time of permit submittal, if the code amendment is adopted by the City Commission. All necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Landscape: The Plant List (Sheet L-2) indicates that, in addition to existing trees to remain, the project would add a total of 77 canopy and palm trees, 920 shrubs, and 1,537 groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Live Oak, Magnolia, and Paradise Trees. Palm species would include Christmas, Alexander, Areca, and Sabal palms. Existing species to remain or be relocated would include Strangler Fig and Gumbo Limbo trees and Sabal palms. Projects proposed in the Mixed Use zoning districts are subject to the "Streetscape Design" portion of the urban landscape code regulations. These code provisions recognize the desire for reduced building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a Page 439 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 6 landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seat walls, lighting, accent plantings). Staff is recommending as a condition of approval that the plans be revised to provide street trees and covered walkways necessary to meet the required 50% shaded sidewalk along all building frontages. See the section below titled "Design" and the Conditions of Approval for further explanation. The project will be heavily planted with a variety of tropical landscape materials such as an assortment of Palm trees, Bromeliads, Ixora, Silver Buttonwood, Cocoplum, Clusia, and Allamanda. Pedestrian amenities such as public art, bench seating, and trash receptacles are proposed mainly in the public plaza at the corner of SE 5t" Avenue and South Federal Highway. Two (2) areas of covered bicycle/scooter parking are also proposed near Building B and the swimming pool. Buildings: The proposed multifamily component of the project is a 7 -story, 35,881 square feet building with 28 two (2) bedroom units of similar size and layout. Central access is primarily from the east side, with secondary doors located on the north, south, and west sides. The proposed office building would occupy a three (3) story, 11,000 square foot building. The office use is described as "medical/professional', though no square footage breakdown or detailed floor plans are provided. The main entry to the building is on the north side, where there is a lobby and an elevator to access the three floors of the building. Secondary doors with access to stairwells are located along the west facade. Height The MU -L2 zoning district allows buildings to reach a maximum height of 65 feet, with a minimum of 30 feet in height required along arterial roadways (Federal Highway) and collector roadways (SE 4t" Street) as intended to achieve a desired massing and streetscape. The elevations (see Exhibit "B" — Sheet A1.4) show that the apartment building would be constructed utilizing a parapet wall, with the actual roof deck at a height of 65 feet. The code indicates flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However the proposed mechanical spaces exceed the maximum allowable height of the zoning district by 10 feet. An application has been submitted for Height Exception approval in conformance with code provisions contained in the Land Development Regulations (LDR), Chapter 2, Article II, Section 4.C., for a decorative roof enclosure over non -habitable spaces / access to mechanical appurtenances, such as stairs, elevators and A/C equipment. This application for a Height Exception of 10 feet over the district maximum has been submitted in conjunction with the other previously noted applications for development approval, and any approval is subject to Page 440 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 7 approval of the other applications. The height of the office building is proposed to be 39 feet to the flat roof deck and a little more than 47 feet to the top of the highest parapet wall (18 feet less than the maximum height of 65 feet allowed in the district). Design: The site plan proposes two separate buildings on the site: one three (3) story office building which fronts South Federal Highway and SE 5th Avenue and one seven (7) story multifamily building which front SE 4th Street and SE 5th Avenue with parking between the two structures. Per the City's Design Standards for Development in Urban Areas, Article III, Sec 6.C.2, shade and shelter is required along 50% of the sidewalk at SE 4th Street and South Federal Highway. The requirement for shade and shelter supports the City's desire to create an active pedestrian streetscape. The code specifically states that the, "base is the most important part of the building design, which is that component that represents the streetscape" and that the "base should be characterized by having all elements enhance the pedestrian environment to which it is exposed, with high transparency, including windows, entries, canopies, awnings, courtyards, and elements of pedestrian interest". As designed, the proposed buildings do not fulfill this requirement or support pedestrian activity. The residential units which front SE 4th Street have the potential to engage the street by revising the proposed balcony style facade to a porch entry by extending the two arch elements over the balconies to the sidewalk; clustering the proposed trees on either side of the arches or building to create shade; and revise the proposed sliding doors to entry doors. The applicant has opposed this requirement for security purposes; however, staff opines that a security objective can still be achieved while providing the appearance of a front porch (see conditions of approval). The northern and southern facades of the proposed multi -family building lack articulation and detail and should be enhanced to be consistent with the needed enhancements proposed on the west facade. Pursuant to the design standards referenced above, the office building is also required to provide shade and shelter along the facade of the building in order to promote pedestrian activity. The proposed design lacks awnings, overhangs, and/or arcades and separates the building from the sidewalk with a narrow area of landscaping. In order to maximize use of the sidewalk along the office uses and fulfill the above referenced requirement, staff suggest that the existing sidewalk be extended to meet the face of the building in lieu of foundation plantings and provide awnings or eyebrows over six (6) of the nine (9) windows. Staff also suggests that the proposed tree line is moved into the right-of-way and that the proposed trees are revised to be understory street trees. Palms may also be clustered at the corners of the building. Page 441 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 8 Setbacks The office building is proposed with setbacks of 3.5 feet in the front, abutting Federal Highway, approximately 19 feet on the south side abutting an assisted living facility currently under construction, and approximately 29.5 feet from the north property line abutting SE 5t" Avenue. The Land Development Regulations (LDR) Chapter 2, Article III, Section 5.C., "Build -to -line", requires buildings be constructed in the MU -1-2 zoning district with a build -to -line of 0 to 10 feet. An application for Community Design Plan Appeal has been submitted for two (2) locations for the office building (north and south sides), as those setbacks exceed the requirement, and one (1) for the apartment building. The applicant is proposing a public plaza area at the north side of the building in keeping with Community Redevelopment Agency (CRA) design guidelines. Due to the effect on the project of meeting the minimum finished floor flood elevation standard (which is over 2.5 feet higher than surrounding improvements), the plaza needs to be designed in a manner that accommodates handicap access to the building entrance on the north side of the structure. Since the plaza will also include signage for the project, benches and landscaping in keeping with the CRA design guidelines and the Land Development Regulations (LDR), the size of the plaza would have to expand beyond the build -to -line in order to properly function. The setback for the south side of the office/retail building adjacent to the assisted living facility currently under construction is proposed with a nearly 19 foot setback. Within this area, there is a 7 foot wide utility easement and a 12 foot wide bus shelter. The bus shelter must be located so it does not interfere with the water and sewer lines located in the utility easement, somewhat dictating how far the office/retail building must be placed away from the south property line. The setbacks for the apartment building are proposed at 2.5 feet for the covered patios and approximately 8 feet from the face of the building facing SE 4t" Street, 6.5 feet to 13 feet along the modulating wall facing SE 5t" Avenue, and approximately 45 feet from the apartment building to the south property line abutting the assisted living facility currently under construction, with the pool cabana building in between, with a setback of approximately 15 feet. This is a tight site, and with the narrow footprint of the apartment building, wrapping the pool amenity into a courtyard is really not feasible, nor is the placement of this amenity within the parking area. The space chosen by the applicant is probably the best choice for screening and privacy. The proposed south setback will also allow for the preservation of a couple large Oak trees near the south property line. As noted above, the applicant has submitted for Community Design Plan Appeal to justify and allow for the proposed setbacks. See the corresponding Appeal item for the applicant's justification and further analyses regarding the proposed setbacks. Approval of the subject site plan application is contingent upon approval of the corresponding request for Community Design Plan Appeal. Page 442 of 504 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 9 Amenities: The recreation amenity area, located on the south side of the residential building, would include a swimming pool and a 336 square foot cabana. Lighting: The applicant proposes the use of thirteen (13) pole mounted LED light fixtures on 15 foot tall concrete pole in the parking lot and around the pool. Additionally, one (1) wall fixture is proposed at nine (9) feet in height near the front door off the plaza. The lighting levels depicted are in compliance with the code maximum of 5.9 foot-candle spot readings. Signage: The proposed monument sign is designed to match the character and color of the building when placed within the plaza area at the north end of the office building. The lettering for the tenants are proposed at dark bronze and backlit. The signage proposed for the office building is also dark bronze lettering consisting only of the building address. Art: The art component is undecided at this point, but proposed to be located within the plaza to the north of the office building. The Arts Commission will be responsible for review and approval of the ultimate piece. SIIMMORY• The subject property is located within the Community Redevelopment Agency (CRA) district and part of Planning Area I of the Federal Highway Corridor Redevelopment Plan. Planning Area I has the role of being the northern entrance into the City and providing an aesthetically inviting appearance. Goals of the redevelopment plan for this area include: (1) providing a variety of housing; (2) protection of community character; (3) providing an enhanced visual appearance; and (4) requiring compatibility between uses. The Master/Site plan proposes many design standards that comply with the CRA goals for Planning Area I of the Federal Highway Corridor Redevelopment Plan. RECOMMENDATION Staff has reviewed this request for New Master Plan/Site Plan and recommends that it be approved subject to the accompanying conditions of approval. If this request is approved, it is contingent upon the approval of the requests for Land Use amendment and Rezoning (LUAR 16-002), High Exception (HTEX 16-001), Community Design Appeal (CDPA 16-001), the approval of the amendment to the Land Development Regulations (CDRV 16-003), and all comments indicated in Exhibit "C" — Conditions of Approval. 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W7 ins SQ Ww F� o nU Q Co. 6Mp.... gq,jo ,,.i jA Z V ---P, Wd LO-LLEMEIt Llc 6Mp .... ggnlo qd )OOjj g-10 LCV ---P, Hd OZOOEME/tL/£ Vie oe 7H `HJV19NOIA09 'AANH "ItlT l(11-4 5 109 z -ivlalalA,s 109 GN< 0o z HK U U) Z O 5� Y Co. z 06 aao W UW a U) w 0,v av 111 LL1 W` 0Oa Dw 0¢ Um LLm D W d' W Y W Y U 0 U Fl S � Z 00 In I-- 06 a =w 8£ H J Cie Ow Z U N LL N U a v x z aO Ix U N LL N Z o a` Y U a aQ s 0. o< O) _ LL L] i �P V TTAKFFTF WA/K 6Mp .... ggnlo qd )OOjj g-10 LCV ---P, Hd OZOOEME/tL/£ EXHIBIT "C" Conditions of Approval Project Name: 601 S. Federal Mixed Use File number: NWSP 16-002 Reference: 3 n review of plans identified as a New Site Plan with a May 6, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Developer will be responsible for providing street lighting on adjacent ROW along SE 4th Street and SE 5th Avenue as part of X this project. 2. Sidewalk along SE 5 1h Avenue is to be widened in the areas where roll out carts are to be stored on the sidewalks for pick up to allow X for pedestrian traffic to pass by on trash pickup day. 3. Clarify at entrance on SE 5th Avenue there is a minimum outside turning radius of 55 ft. from both directions. Truck routes for fire and solid waste to be determined by individual X departments/divisions. 4. Provide a proposed address plan. X 5. Existing overhead utility lines and easements must be abandoned prior to issuance of building permits. X 6. All existing and proposed fire hydrants on site shall be Sigelock per the Utilities Standard Detail W-9. X 7. Verify condition and type of existing water main adjacent to property along Federal Highway. Developer will be required to replace entire length if determined to be AC pipe. X 8. On Sheet L -1/E-1, the dotted circles with a square are not on the Sheet L-1 legend. Most of these match a location on Sheet E-1. However the ones in the median on the 2 sheets are not in the X same location. Please clarify - both sheets should match. 9. There is no irrigation plan submitted with the landscape plan. The irrigation plan must follow the Florida Friendly — Waterwise X principals. FIRE Comments: 10. A fire hydrant flow test shall be conducted by the BBFR to check water supply and fire flow calculations. Please call Fire & Life X Safety (561-742-6600). Page 461 of 504 601 S. Federal Mixed Use (NWSP 16-002) Conditions of Approval Paae2of3 DEPARTMENTS I INCLUDE I REJECT POLICE Comments: Addressed at the DART meeting on 3/15/16. BUILDING DIVISION Comments: Addressed at the DART meeting on 3/15/16. PARKS AND RECREATION Comments: 11. Per City Ordinance, the Park Impact Fee is $16,660 (28 units x $595) X PLANNING AND ZONING Comments: 12. Include guest parking requirement of 5 spaces in the total parking required count. Article V, Section 3.G is titled "Parking Reduction For Sustainably" provides the allowable "reductions" to the standard parking requirements. No reduction is provided for guest X parking, therefore, 5 spaces are required. Please revise parking required to correctly read 95 parking spaces. 13. The applicant is attempting to utilize the sustainable parking provision of the code, and staff recommends that the project be reviewed against the proposed amendments to said regulations, thereby requiring a design that minimizes the heat island effect of the project. Applicant must indicate that the proposed design provides a reduced heat island effect, at minimum, with respect to the design of building roofs; parking and other hard surfaces; and landscaping (i.e. tree placement and species selection for maximized canopy coverage). X Project approval is contingent upon adoption of the referenced amendment to the sustainable parking regulations, and compliance with the heat island effect provisions as stated above. If the proposed amendment is not adopted, or the applicant fails to comply with said amendments to these parking regulations, the applicant must revert to the standard parking calculations and revise the plans and data tables accordingly. 14. Provide details of plaza design. Staff recommends that the required public art be incorporated into the retaining wall and include a sculpted relief piece on its face, built in seating, and X landscaping along portions of its length. Page 462 of 504 601 S. Federal Mixed Use (NWSP 16-002) Conditions of Approval Paae 3 of 3 DEPARTMENTS I INCLUDE I REJECT 15. Design Standards for Development in Urban Areas: Provide shade and shelter along 50% of the sidewalk at 4th Street and Federal Highway, per Article III, Sec 6.C.2 & H.4.a a. First Floor Design on 4th Street: Design the two first floor entries to be front porches in order to front and engage the first floor. Extend the arch elements over the entries to the sidewalk, cluster the trees on either side of the arches and building, and change the sliders to French doors on the first floor. X b. First Floor Design on Federal Highway: Extend the sidewalk to meet the face of the building, in lieu of foundation plantings and provide awnings or eyebrows over 6 of the 9 windows (the outermost windows). Move the proposed tree line into the ROW and revise to be understory street trees. Palms may also be clustered at the corners of the building. 16. Enhance the treatment of the facades on the northern and southern elevations of residential building such as to match the X western facade treatments. 17. Prior to issuance of a building permit, the applicant shall record a Unity of Title for the lots within County records. X COMMUNITY REDEVELOPMENT AGENCY Comments: Addressed at the DART meeting on 3/15/16. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Reject Condition #1 and create new comment: The Developer will be responsible for coordinating with the City and FPL for providing FPL street lighting on adjacent r -o -w along SE 4th Street and SE X 5th Avenue, as part of this project. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\NWSP 16-002\COA after P&D.doc Page 463 of 504 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: 601 S. Federal Mixed Use (NWSP 16-002) Michael Bertino, 601 S. Federal LLC & 601 SE 4th Street LLC PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Height Exception approval for New Site Plan for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. LOCATION OF PROPERTY: 601 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\NWSP16-002\DO.doc Page 464 of 504 12.A. NEW BUSINESS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Discussion of Quantum Park Overlay District requested by Commissioner Katz EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 6/17/2016 - 2:26 PIVA Page 465 of 504 12. B. NEW BUSINESS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Discuss the current City's position of requiring private canals to be maintained by the owners of the canals. Requested by Commissioner Romelus. EXPLANATION OF REQUEST: Below is a summary of the history, current issues and current City position on this issue. In 1969, prior to creation of the Lake Eden and Lake View Haven subdivisions, the City adopted Ordinance 69-4. The Ordinance required as condition of City approval of a Plat that the developer (subdivider) acknowledge: 1. "Responsibility for the maintenance of any lake, canal or waterway depicted on the plat", and; 2. Its duty to keep lakes, canals and waterways free of "weeds, hyacinths, cloggage or other debris or noxious material" The recorded plats for this area contain the language that was required by the City at that time. The language did not specify how the maintenance should be accomplished but the Plat language is conferred to each property owner at time of purchase. Since the 1970's, staff intermittently treated the canals as owners complained due to lack of knowledge of City Ordinances. In October 2009, City Staff completed a report which reviewed ownership of all canals within the City boundary's. Based on this review of all relevant documents, it was determined the Lake Shore Haven and the four Lake Eden Canal's were privately owned. Based on this report, the City Commission authorized a two year surcharge on all stormwater bills to fund aggressive weed control on all canals. The Commission also approved using City funds to maintain private canals for five years if residents signed five year temporary easement documents to provide time for neighborhoods to develop a maintenance plan. When the City ceased maintenance at the end of the five year agreement, submerged and floating vegetation has become problematic. The City may not expend public funds to benefit private entities. Article VI I, Section 10 of the Florida Constitution prohibits the State and its political subdivisions from using their taxing power or pledging public credit to aid any private entity. Based on title and plat information conveyed to each property owner, the individual property owners are responsible for canal maintenance. The City does not own or control Lake Eden or the main canal for Lake Eden. While the canals provide drainage for the adjacent property including City maintained roads, the aesthetics and navigability of the canals will not restrict this use. The canals in question are privately owned. The City provided weed control for the private canals through the end of the temporary easement agreement as authorized by the City Commission. There does not appear to be a public purpose to keep the canals free of aquatic vegetation so the City cannot use public funds to maintain private property for benefit of the property owners. The City continues to work with residents to develop contracts for vegetation management funded by the property owners and most of the property owners have joined together to help maintain their canals. Page 466 of 504 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 Utilities Groff, Colin Approved 6/14/2016 - 7:21 PPA Utilities Groff, Colin Approved 6/14/2016 - 7:22 PPA Assistant City Manager Foyle, Judith Approved 611512016 - 12:47 PPA Legal Cherof, Jim Approved 611512016 - 1:15 PPA Finance Howard, Tim Approved 611512016 - 1:27 PPA City Manager LaVerriere, Lori Approved 611512016 - 6:67 PPA Page 467 of 504 13.A. COMMUNITY REDEVELOPMENT ADVISORY BOARD 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 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 Pyle, Judith Approved 6/14/2016- 11:03 AM Page 468 of 504 13. B. COMMUNITY REDEVELOPMENT ADVISORY BOARD 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 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 Pyle, Judith Approved 6/14/2016- 11:03 AM Page 469 of 504 13.C. COMMUNITY REDEVELOPMENT ADVISORY BOARD 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 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 Pyle, Judith Approved 6/14/2016- 11:03 AM Page 470 of 504 14.A. LEGAL 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-014 - FIRST READING - Storage Tanks, Silos and Hoppers (CDRV 16- 004) Approve amendments to the Land Development Regulations, Chapter 3, Article V. Supplemental Regulations, Section 3.T Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro -brewery industry. EXPLANATION OF REQUEST: The local micro -brewery industry has been growing since the LDR was amended in 2011 to allow the manufacturing of alcohol. The fourth brewery will soon be operating in the City, and the first one to open, Due South Brewery, is ready to expand. Mike Halker, owner/operator of Due South Brewery has inquired about the ability to add storage containers (i.e. silos or "hoppers") to his operation for the storage of brewing ingredients. The storage silos or hoppers would allow the purchase of the ingredients in bulk deliveries rather than in individual bags, which lowers costs. The City's LDR currently limits storage tanks for fuel (i.e. liquid or gas) purposes. The proposed amendments would expand the types of storage containers that are allowed within the City, and include the necessary setback and height standards to prevent impacts on adjacent residential properties or even visual impacts upon abutting rights-of-way. As indicated by the proposed amendments (see accompanying Exhibit "A"), the minimum required setback from the property lines is a factor of storage container height, and the maximum allowed height, is the maximum height allowed in the subject zoning district but not too exceed 10 feet above the principal structure. Breweries are currently allowed in the C-4, M-1, and PID Zoning Districts, and each have a maximum height limit of 45 feet. With respect to signage, staff supports branding and signage on the subject tanks for breweries and other businesses that would use this storage system, and current regulations would allow signage on the tanks as part of the overall allocation of sign area calculated from the linear building frontage. Staff would apply the same methodology as used in reviewing the placement of signage on a wall facade, to ensure that signage is in scale with the intended surface and compliant with all applicable standards such as the maximum size allowed for logos. Staff researched the regulations of other cities and as expected, found varying positions relative to the treatment of breweries and the storage of fresh and spent grain. For example, Dallas, Anaheim, Yorkville (Illinois), and Novi (MI) allow the use of silos for grain storage, while St. Petersburg, La Crosse (WI), and Jupiter limit outdoor storage to the temporary storage of spent grain until it is picked up for disposal. See the attached Exhibit "B" for examples of various microbreweries operating with storage silos or hoppers, in both industrial settings as well as commercial/retail environments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 471 of 504 Although not a Strategic Plan Action Item, the proposed amendments would support business development/growth in the City. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Reviewer Type Description D Ordinance Ordinance amending use for Storage Tanks D Staff Report Staff Report D Amendment Exhibit "A" - Proposed Amendments D Other Exhibit "B" - Pictorial of examples REVIEWERS: Department Reviewer Action Date Planning & Zoning Pyle, Judith Approved 6/13/2016 - 10:14 AM Development Pyle, Judith Approved 6/13/2016 - 10:14 AM Finance Pyle, Judith Approved 6/13/2016 - 10:15 AM City Manager LaVerriere, Lori Approved 6/15/2016 - 3:54 PIVD Page 472 of 504 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 3, ARTICLE V, "SUPPLEMENTAL REGULATIONS", SECTION 3.T. "GENERATORS AND FUEL TANKS" TO EXPAND THE PROVISIONS AND STANDARDS THAT REGULATE STORAGE BINS AND SILOS FOR USE BY THE MICRO -BREWERY INDUSTRY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the local micro -brewery industry has been growing since the LDR was amended in 2011 to allow the manufacturing of alcohol; and WHEREAS, the City's current LDR limits storage tank usage for fuel and the proposed amendments would expand the types of storage containers that are allowed within the City to add storage containers for the storage of brewing ingredients for the micro - brewery's; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 3, Article V, "Supplemental Regulations", Section 3.T "Generators and Fuel Tanks" of the Land Development Regulations, is hereby amended as follows: E Page 473 of 504 31 Chapter 3. Zoning, Article V. Supplemental Regulations 32 33 Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, 34 Excluding Walls and Fences. 35 ... 36 T. Generators and V� Storage Tanks. The permanent installation of generators and feel 37 storage tanks, silos and hoppers shall be allowed if used as a common accessory function to 38 a principal use, and must comply with the following regulations, unless found in conflict 39 with other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws: 40 1. Location. The sitingof f all generators and storage tanks shall require site plan 41 approval in accordance with Chapter 2, Art. 11, Sect. 2.F of these regulations. When 42 practical and not in conflict with other codes and standards, generators and storage tanks 43 shall be placed adjacent to a principal or accessory building to utilize the existing available 44 screening for the structure. 45 ; 46 47 , All structures regulated by this section 48 �s shall be setback at least three (3) feet plus an additional one (1) foot for every one 1) 49 foot above a height of 6 feet but not greater than the minimum setback for the principal 50 structure, . In additien all instances, they shall not 51 be allowed within the required front or corner side yards, including forward of the front or 52 corner side building lines, unless approved for an administrative adjustment if it is 53 determined that no other on-site location is available or feasible, or based on the finding that 54 by virtue of the use or design of the abutting property or development, the location would 55 have no negative impact. See Chapter 2, Article H, Section 4.A. for the regulations 56 pertaining to the administrative adjustment process. Additional setback requirements may be 57 deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to 58 further a redevelopment plan or other city initiative. 59 60 2. Height. The maximum height for vertical storage bins, silos and hoppers shall be the 61 maximum height for the zoning district, or 10 feet above the principal building, whichever is 62 less. Additional restrictions on height may be deemed necessary by the Planning & Zoning 63 Director to ensure land use compatibility, or to further a redevelopment plan or other city 64 initiative. 65 66 23. Screening. When used in connection with non-residential uses, generators and €tom 67 storage tanks shall be effectively screened from view with a wall, fence, landscape material, 68 or combination thereof, where visible from an abutting property or right-of-way. Screening 69 shall not be reauired for vertical storaue bins. silos or hobbers if the container is designed 70 compatible with the principal structure (e.g, similar colors and/or materials) and if the tank, 71 including all structural members, fillingor r empt iy ng equipment and signage are maintained 72 in a clean, rust -free and working condition without any peeling paint, staining or other signs 73 of wear. 74 75 ; 2) the fi 2- Page 474 of 504 76 ; and 3) eithe4ar- both are used in 60fifie6tiEffl Wi 77 non residential use that abuts residentially zoned pr-ape4y. hi these instanees, the eaelastir-_e 78 shall be designed with three (3) sides, with the ap !d opposite of the r-esiden 79 pr-ape4y. in addition, the walls of the eaelastir-e sh-al-1- -A*. I '_Q_A4:�WE) (2) feet taller- than t 80 generator-. The height of stieh generators shall be fneastir-ed ffem the na-tur-al gr-ade to t 81 . Additional screening may be deemed necessary by the 82 Planning & Zoning Director to ensure land use compatibility, or to further a redevelopment 83 plan or other city initiative. 84 85 86 ( v'4. Noise. In residential zoning districts, emergency generators shall be exempt from 87 the sound rating values set forth in the City Code of Ordinances when operated during power 88 outages. However, in no event shall the sound rating value of emergency generators exceed 89 seventy-two (72) dBA. 90 91 45. Testing. In residential zoning districts, emergency generators may be operated for 92 testing purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven 93 (7) -day period. Testing of emergency generators is permitted between the hours of 10:00 94 a.m. through 5:00 p.m., Monday through Saturday. No testing of emergency generators is 95 permitted on Sundays or federal holidays. 96 97 98 99 100 101 102 103 104 105 106 Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately on second. 3 - Page 475 of 504 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA 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 4 - VOTE YES NO Page 476 of 504 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-026 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf, Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article V. Supplemental Regulations, Section 3.T. Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro - brewery industry. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback to meet original objectives or new vision. The proposed amendment would support business and economic development initiatives (#1). EXPLANATION The local micro -brewery industry has been growing since the LDR was amended in 2011 to allow the manufacturing of alcohol. The fourth brewery will soon be operating in the City, and the first one to open, Due South Brewery, is in need of expansion. Mike Halker, owner/operator of Due South Brewery has inquired about the ability to add storage containers (i.e. silos or "hoppers") to his operation for the storage of brewing ingredients. The storage silos or hoppers would allow the purchase of the ingredients in bulk deliveries rather than in individual bags, which lowers costs. The City's LDR currently limits storage tanks for fuel (i.e. liquid or gas) purposes. The proposed amendments would expand the types of storage containers that are allowed within the City, and include the necessary setback and height standards to prevent impacts on adjacent residential properties or even visual impacts upon abutting rights-of-way. As indicated by the proposed amendments (see accompanying Exhibit "A"), the minimum required setback from the property lines is a factor of storage container height, and the maximum allowed height, is the maximum height allowed in the subject zoning district but not too exceed 10 feet -1- Page 477 of 504 above the principal structure. Breweries are currently allowed in the C-4, M-1, and PID Zoning Districts, and each have a maximum height limit of 45 feet. With respect to signage, staff supports branding and signage on the subject tanks for breweries and other businesses that would use this storage system, and current regulations would allow signage on the tanks as part of the overall allocation of sign area calculated from the linear building frontage. Staff would apply the same methodology as used in reviewing the placement of signage on a wall facade, to ensure that signage is in scale with the intended surface and compliant with all applicable standards such as the maximum size allowed for logos. Staff researched the regulations of other cities and as expected, found varying positions relative to the treatment of breweries and the storage of fresh and spent grain. For example, Dallas, Anaheim, Yorkville (Illinois), and Novi (MI) allow the use of silos for grain storage, while St. Petersburg, La Crosse (WI), and Jupiter limit outdoor storage to the temporary storage of spent grain until it is picked up for disposal. See the attached Exhibit "B" for examples of various microbreweries operating with storage silos or hoppers, in both industrial settings as well as commercial/retail environments. CONCLUSION/RECOMENDATION Staff recommends that the subject amendments proposed to the City's Land Development Regulations be approved. Attachment S:APlanning\SHARED\WP\SPECPRO.hCODE REVIEW\CDRV 16-004 Storage bins, silos and hoppers\StatTReport - Storage Tanks & Silos.doc -2- Page 478 of 504 EXHIBIT ""A" - Proposed Amendments Part III. Code of Ordinances, Land Development Regulations Chapter 3. Zoning, Article V. Supplemental Regulations Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. T. Generators and V� Storage Tanks. The permanent installation of generators and feel storage tanks, silos and hoppers shall be allowed if used as a common accessory function to a principal use, and must comply with the following regulations, unless found in conflict with other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws: 1. Location. The sitingof f all generators and storage tanks shall require site plan approval in accordance with Chapter 2, Art. 11, Sect. 2.17 of these regulations. When practical and not in conflict with other codes and standards, generators and storage tanks shall be placed adjacent to a brincibal or accessory building to utilize the existing available screening for the structure. No --------I __ _1 ____ C, --------- -_ __,-_ ----- Cl- __. -I--- ___ ..____ All structures regulated by this section gefier-atar-s afid Atel tanks- shall be setback at least three (3) feet1p us an additional one (1) foot for every one 1) foot above a height of 6 feet but not greater than the minimum setback for the principal structure, f am r -ear- and inter- ^r side r pei4y 1i . In additien all instances, they shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible, or based on the finding that by virtue of the use or design of the abutting property or development, the location would have no negative impact. See Chapter 2, Article 11, Section 4.A. for the regulations pertaining to the administrative adjustment process. Additional setback requirements may be deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative. 2. Height. The maximum height for vertical storaue bins. silos and hobbers shall be the maximum height for the zoning district, or 10 feet above the principal building, whichever is less. Additional restrictions on height may be deemed necessary by the Planning & Zoning Director to ensure land use combatibility_ or to further a redevelobment blan or other citv initiative 2. Screening. When used in connection with non-residential uses, generators and feel storage tanks shall be effectively screened from view with a wall, fence, landscape material, or combination thereof, where visible from an abutting property or right-of-way. Screening shall not be reauired for vertical storaue bins. silos or hobbers if the container is designed combatible with the principal structure (e.g, similar colors and/or materials) and if the tank, including all structural members, fillingor r empt iy ng equipment and signage are maintained in a clean, rust - free and working condition without any peeling paint, staining or other signs of wear. Page 479 of 504 EXHIBIT ""A" - Proposed Amendments fallowing eir-etifnstaaees� 1) the ge �ater- than fatir- (4) feet in height; 2) the fuel tank 5—te. than 43vze (5) feet in height; ftfid 3, e—hefiler- beth a e tised in eenneetien with a fien residential use that abuts residentially zoned pr-apei4y. in the i ' ' the eaelastir-e shall be designed with three (3) sides, with the opening oriented opposite of the r- -pei4y. ifi. addition, the walls of the eaelastir-e shall be at least:�wa (2) feet taller- than the generator-. The height of stieh generators shall be fneastir-ed ffam the natdr-al gr-ade to the highest point of the Additional screening may be deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative. 3. Noise. In residential zoning districts, emergency generators shall be exempt from the sound rating values set forth in the City Code of Ordinances when operated during power outages. However, in no event shall the sound rating value of emergency generators exceed seventy-two (72) dBA. 4. Testing. In residential zoning districts, emergency generators may be operated for testing purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven (7) -day period. Testing of emergency generators is permitted between the hours of 10:00 a.m. through 5:00 p.m., Monday through Saturday. No testing of emergency generators is permitted on Sundays or federal holidays. Page 480 of 504 EXHIBIT "B" Swamp Head Brewery, Gainesville, FL. Mountain Brewery, Colorado Springs, CO Dillon, CO Page 481 of 504 North by Northwest Brewery, Austin, TX. EXHIBIT "B" Founders Brewery, Grand Rapids, MI Troegs Brewing Co., Hershey, PA Page 482 of 504 14. B. LEGAL 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-015 - FIRST READING - Sustainable parking (heat island effect) and on -street parking (CDRV 16-003) Approve amendments to the Land Development Regulations, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. EXPLANATION OF REQUEST: In 2014 the Land Development Regulations were amended to introduce on -street parking provisions and reduced parking requirements for eligible projects that apply sustainable development practices. Such developments are incentivized to include sustainable features such as extra open space; enhanced bike, scooter, and motorcycle accommodations; electrical vehicle charging facilities; and operational procedures to promote car-pooling, and use of mass transit and fuel efficient vehicles. These new provisions recognize independently -prepared parking studies showing anticipated parking needs valued lower than the City's current minimum parking ratios, which warrant a reduced parking requirement for a given project. Secondly, the amendments allowed for the counting of on -street, adjacent parking spaces toward the minimum required spaces for a given project. The desired result, in part, is minimizing the construction of excess parking spaces, thereby reducing impervious surfaces. While applying such standards to an urban infill development, staff realized that such projects would not meet the intent of the open space criterion, and therefore represented the opportunity to tailor the regulations for the built environment by adding heat island effect standards. Heat island effect standards and development practices are a common component of climate action plans, green building standards, and land development regulations adopted by many jurisdictions across the country. In fact, the City's Green Building Program is based on the International Green Construction Code (IGCC) which includes such requirements under the heading "Heat Island Mitigation". The proposed amendments further endorse such sustainable building practices by expanding their use from the city's voluntary program and incentivizing their use within the City's parking regulations. The elements of a site that can have the greatest impact on heat island temperatures include tree canopies and other vegetation, roof design (e.g. green roofs) and roof color, and pavement surfaces. It is anticipated that compliance with this new requirement would be evaluated by, but not limited to, the following considerations: 1) Site design and tree species selection that facilitates maximum tree canopy coverage of parking areas and other hard surfaces; 2 ) The level of commitment to maintain the landscaping in accordance with state defined arborist standards to prevent unnecessary and drastic trimming of project vegetation and avoidable reduction in tree canopy coverage; Page 483 of 504 3) Whether any Energy Star or equivalent roofing materials are used to confirm or ensure that the roof has a high reflectivity property; and 4) The high reflective material, mixtures, or treatment process selected for the materials used on walkways and parking lots (i.e. white cement used in the concrete mix in lieu of gray cement if still considered preferable for the cooler effect) The high reflective material, mixtures, or treatment process selected for the materials used on walkways and parking lots (i.e. white cement used in the concrete mix in lieu of gray cement if still considered preferable for the cooler effect) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proposed amendments would promote sustainable development practices which furthers the City's Climate Action Plan. FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Promotes sustainable development practices specifically referenced under C.A.P. Implementation Strategy 4.5.2 as pertaining to parking reductions, promotion of alternative modes of transportation, and roof design and shading of parking lots. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending LDR Ch 4, Art V (parking) D Addendum Staff Report D Addendum Proposed Amendments REVIEWERS: Department Reviewer Action Date Planning & Zoning Pyle, Judith Approved 6/13/2016 - 10:11 AIV Development Pyle, Judith Approved 6/13/2016 - 10:11 AIV Finance Pyle, Judith Approved 6/13/2016 - 10:11 AIV Page 484 of 504 Legal Foyle, Judith Approved 6/13/2016- 10:12 AM City Manager LaVerrier , Lori Approved 6/16/2016- 1:27 PPA Page 485 of 504 I ( ORDINANCE NO. 16- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 4, ARTICLE V "MINIMUM OFF-STREET PARKING 7 REQUIREMENTS", SECTION 3, "SPECIAL REDUCTIONS IN 8 REQUIRED OFF-STREET PARKING"; AMENDING CHAPTER 4, 9 ARTICLE V "MINIMUM OFF-STREET PARKING 10 REQUIREMENTS", SECTION 4, "EXCEPTIONS TO REQUIRING 11 OFF-STREET PARKING"; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, staff is proposing amendment to the Land Development Regulations 16 (LDR) to Chapter 4, Article V, entitled "Minimum Off -Street Parking Requirements", 17 Sections 3 and 4 to include lowering the heat island effect as an additional eligibility 18 criterion for infill or redevelopment projects and to allow in limited circumstances, parking 19 spaces on both sides of the street to count toward project parking requirements; and 20 WHEREAS, the proposed amendments endorse sustainable building practices by 21 expanding their use from the City's voluntary program and incentivizing their use within the 22 City's parking regulations; and 23 WHEREAS, the new provisions recognize independently -prepared parking studies 24 showing anticipated parking needs valued lower than the City's current minimum parking 25 ratios, which warrant a reduced parking requirement for a given project and allow for the 26 counting of on -street parking, adjacent parking spaces toward the minimum required spaces 27 for a given project which, in part, minimizes the construction of excess parking spaces, 28 thereby reducing impervious surfaces. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 1 - Page 486 of 504 31 Section 1. The foregoing whereas clauses are true and correct and are now ratified 32 and confirmed by the City Commission. 33 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 34 "Site Development Standards", Article V "Minimum off-street parking requirements", Sec. 35 3 "Special Reductions in Required Off -Street Parking" is hereby amended as follows: 36 Sec. 3. Special Reductions in Required Off -Street Parking. 37 38 ... 39 40 G. Parking Reductions for Sustainability. To promote or recognize sustainable design or 41 operation, including increased pervious area, reduced parking fields, promotion of mass 42 transit and uses of renewable energy sources, lower parking requirements will be granted to 43 eligible developments as follows: 44 Use Minimum Number of Required Parking Spaces' Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1) -bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 46 ' Only represents the base minimum parking ratios. Other requirements may also apply 47 including for guests and recreation areas as described in other sections of the Land 48 Development Regulations. 49 50 51 1. Applicability. Eligible developments must be able to provide sustainable design and 52 operation, and, except where noted below, must be located within one-half (1/2) mile from a 53 regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus 54 stop with direct access to a regional transportation facility, measured from property line to 55 property line. 56 2. Application and Development Requirements. Requests for parking reduction must 57 occur at time of site plan review, and must include a parking demand study prepared by a 58 professional engineer and/or based on findings from an existing development or other 59 comparable projects experienced by the applicant that include, in part, projects designed to C:\Prop-ram Files tx861\neevia.com\docConverterPro\temD\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton nnh 3 27 l 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 2 - Page 487 of 504 60 meet lower parking requirements as allowed by this section. The study must provide 61 evidence that the project would not be deficient of parking, that the reduced ratios would not 62 adversely affect the project in any way, or increase the demand for parking spaces upon 63 public streets in the immediate vicinity, or would not increase the demand for parking spaces 64 on private properties in the immediate vicinity unless in conjunction with an approval for 65 shared parking pursuant to city regulations. 66 Eligible applicants must demonstrate that proposed parking design or resources would be 67 adequate, and shall satisfy the following requirements meeting sustainable design and 68 operation (where basic mathematical calculations are involved, rounding will be based on 69 the traditional mathematical rule): 70 a. Describe, in quantifiable terms, how the project provides an increase in green space 71 (pervious area) which otherwise would be paved for parking spaces-, or how the proposed 72 protect provides a lower urban heat island effect if the proposed development is an urban 73 infill or redevelopment project. At minimum, the elements to be included for compliance 74 are all building roofs, parking and other hard surfaces, and tree canopies. 75 b. Accommodate fuel efficient vehicles through provision of covered and well - 76 illuminated locations with apparatus for parking and locking of bikes and low -powered 77 mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered 78 storage facilities shall be located on the project site in close proximity to the destination of 79 the residents, employees, or visitors. 80 c. No more than three percent (3%) of the required parking spaces are represented by 81 spaces dedicated to motorcycles, which should be covered as an incentive for use. 82 d. No more than ten percent (10%) of the required parking spaces are represented by 83 spaces dedicated to compact vehicles, and disbursed throughout the project to maximize 84 accessibility and convenience. 85 e. Provide efficiency in parking design including consideration for space -conserving 86 tandem spaces when functionally feasible. 87 f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 88 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand 89 (50,000) square feet for non-residential developments in excess of seventy-five thousand 90 (75,000) square feet). 91 g. Design for maximized pedestrian interconnectivity for internal circulation and 92 efficient ingress and egress minimizing travel distance for pedestrians and 93 bike/moped/scooter riders. 94 h. Include a parking contingency plan to show areas on the proposed site plan where 95 parking spaces may be added in the event that a shortage is subsequently realized for average 96 daily parking demand. If such future spaces do not equal or exceed the total deficiency 97 determined by the standard parking requirements for the use, provide operational rules, 98 procedures or strategies at time of site plan approval to off -set the realized deficiency. 99 i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining loo participants' travel destination information, schedules and routes for controlled access by 101 residents and employees. 102 j. Maintain bus and train schedules in the management office, accessible to residents 103 and employees. The management shall designate employees who will maintain and C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton -3 - Page 488 of 504 104 distribute schedule and route information enabling them to advise residents and employees 105 as necessary. 106 k. Consider a shuttle service/program providing transportation to the nearest transit 107 facility, whether as an incentive or fee-based. Residents should be polled for interest. 108 1. Include marketing goals and practices targeting residents who work atypical shifts, 109 including incentives for those in fields such as law enforcement, medical, security, etc. 110 m. Provide the following information to residents at time of lease, and post it on a 111 permanent sign visible from a common location and at entry to the management office: "This 112 development offers sustainable living (or working) environment that facilitates a reduction 113 in required parking spaces while accommodating bikes, low -powered mopeds and scooters, 114 motorcycles, compact vehicles and electric vehicles. Contact the management for further 115 information". 116 n. Establish and implement operational rules that regulate the maximum number of 117 vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact 118 and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or 119 utility vehicles and equipment can be parked or stored. Incentives shall be provided for 120 single vehicle households or to those regularly using or dependent on public transportation. 121 o. Implement an operational rule prohibiting operators, residents, employees, visitors, 122 etc. from using any parking space, including interior garage spaces, for any purpose other 123 than for the temporary parking of vehicles as intended and designed for the project. 124 p. Consent to providing a report containing evidence of continued compliance with 125 the requirements herein upon request by the city. 126 127 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4, 128 "Site Development Standards", Article V "Minimum off-street parking requirements", Sec. 129 4 " Exceptions to Providing Required Off -Street Parking" is hereby amended as follows: 130 131 Sec. 4. Exceptions to Providing Required Off -Street Parking. 132 133 ... 134 135 136 C. On -Street Parking. 137 1. Applicability. The minimum number of required off-street parking spaces for a use 138 or project may be satisfied, in part, by the use of on -street parking spaces located within the 139 public right-of-way abutting that same lot or parcel. 140 2. Conditions. The provision for on -street parking space to be used to meet the 141 minimum number of required off-street parking spaces shall be subject to the following 142 conditions: 143 a. The on -street parking provision is applicable to all existing or proposed 144 development located within the Community Redevelopment Area; C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 4 - Page 489 of 504 145 b. Only the on -street parking spaces located within the public right-of-way that abut 146 the frontage of a use or project may be used to count toward meeting the minimum number 147 of required off-street parking spaces. The on -street parking spaces must be located on the 148 same side of the street as the subject use or project except if the land use on the opposite side 149 of a two-lane street would not be eligible for a parking reduction under this section, or if the 150 existing land use is any residential use that does not rely upon on -street parking to meet its 151 minimum parking requirement then the parking spaces on the opposite side of the street 152 from the subject property may also be tabulated for the p ose of this section; 153 c. The design of the on -street parking spaces must be approved by the City Engineer 154 in order to satisfy parking demand according to Section B.1. herein; and 155 d. On -street parking spaces utilized under this provision shall not be reserved, 156 temporarily or permanently, for any given use. 157 158 159 Section 4. Each and every other provision of the Land Development Regulations 160 not herein specifically amended, shall remain in full force and effect as originally adopted. 161 Section 5. All laws and ordinances applying to the City of Boynton Beach in 162 conflict with any provisions of this ordinance are hereby repealed. 163 Section 6. Should any section or provision of this Ordinance or any portion 164 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 165 affect the remainder of this Ordinance. 166 Section 7. Authority is hereby given to codify this Ordinance. 167 Section 8. This Ordinance shall become effective immediately. 168 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 5 - Page 490 of 504 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 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:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce -6- Page 491 of 504 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-025 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendment would advance sustainability initiatives (#2). EXPLANATION Green and Smart Growth initiatives have incrementally been implemented into the LDR since 2005 with the addition of provisions for livework units. Subsequent amendments have regarded solar energy (2010), water -conserving landscaping (2010), wind energy (2010 and 2013), retail sales of scooters (2011), EV charging stations (2012), Transit Oriented Developments (TOD) (2013 and 2014), and most recently (2014), the introduction of on -street parking provisions and reduced parking requirements in exchange for certain sustainable development practices. Such developments are incentivized to include sustainable features such as extra open space; enhanced bike, scooter, and motorcycle accommodations; compact and electric vehicle parking and -1- Page 492 of 504 charging facilities; maximized interconnectivity and internal/external access; and operational procedures to promote car-pooling, mass transit and use of fuel efficient vehicles. These new provisions recognize independently -prepared parking studies showing anticipated parking needs valued lower than the City's current minimum parking ratios, which warrant a reduced parking requirement for a given project. Secondly, the amendments allowed for the counting of on -street, adjacent parking spaces toward the minimum required for a given project. The desired result, in part, is minimizing the construction of excess parking spaces, thereby reducing impervious surfaces. The first application of the sustainable parking requirements was in a suburban setting on a vacant parcel greater than 8 acres. Subsequently, the provisions have been tested on smaller and/or built properties with limited space to achieve compliance with the open space criterion of the newly established sustainable parking provisions. Staff realized the solution was not to find that the open space requirement was not applicable in such circumstances, but instead identified another opportunity for an additional LDR amendment to further the effectiveness and appropriateness of sustainable development regulations. The solution: add the requirement for decreasing the heat island effect of the development, whether retrofitting an existing development or constructing new. A document prepared by the National EPA in 2008, titled "Reducing Urban Heat Islands: Compendium of Strategies", presented the results from studying the temperature gradient between the built urban environment and the surrounding rural environment. The warmer surface and atmospheric temperatures in the urban setting results from exposure of roof and pavement surfaces to the sun, surfaces commonly comprised of non -reflective materials which heat up under the sun's rays. Also, with less vegetation present, evapotranspiration is lower in urban areas, which means less moisture is released by plants that would lower the ambient air temperature. The elements of a site that can have the greatest impact on heat island temperatures include tree canopies and other vegetation, roof design (e.g. green roofs) and roof color, and pavement surfaces. Trees/Vegetation: The EPA report indicates that leaves and branches of trees reduce the sun's energy that reaches the ground by 70% to 90%. Roof materials & colors: Sustainable roof design for cooler temperatures is called "cool roofs", which are comprised of "highly reflective and emissive materials (ability to emit radiation) that can remain approximately 50 degrees to 60 degrees (Fahrenheit) cooler than traditional materials during summer periods. Most cool roof products are bright white to maximize reflectivity and can include cool roof coatings, membranes, and asphalt shingles or tile materials that include special pigments to achieve the reflectivity objective. It is not uncommon for State's to include in their respective energy codes, cool roofing as an energy efficiency option. Pavement materials: Of the three (3) site elements targeted by urban heat island regulations, pavement materials appears to be the most complex, given, in part, the advantages and disadvantages of different surface materials and treatment options. However, any cool pavement option or technology tends to store less heat energy and may have lower surface temperatures compared with conventional products. The ultimate material used would most likely be a factor of cost. The varying options may include 1) asphalt modified with high albedo (i.e. reflectivity) materials or post -installation treatment; 2) concrete with white cement in lieu of gray cement; -2- Page 493 of 504 various permeable pavements (i.e. pervious concrete); topping and micro -surfacing with high albedo materials; and paver/vegetation combinations. The proposed amendment is limited to paragraph "a", the first criterion or requirement for using the sustainable parking requirements of Chapter 4, Article V, Section 3.G. The proposed amendment is shown in underlined text in an excerpt from Section 3.G below, and with the entire Section 3.G attached as Exhibit "A". 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces-, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be includedfor or compliance are all building roofs, parking and other hard surfaces, and tree canopies. Requirement "a" was originally written with a limited emphasis on open space, simply requiring the applicant to justify the decreased parking, in part, by the increased green space in the project. Recognizing that smaller projects and infill developments would have little opportunity to preserve open space that likely doesn't exist on the property, the proposed amendment adds the option for such circumstances to include planning for a lower urban heat island. Although the proposed amendments could include specific quantifiable standards involving the albedo of materials or minimum tree canopy coverage at time of maturity, staff proposes that this introduction of heat island effect standards be flexible, less stringent and less quantitative. These standards are new to the City's Land Development Regulations, could require a level of expertise that not all development teams possess, and impacts on project costs have not been fully considered. Therefore, staff recommends that this general format is preferable for initial implementation and testing for effectiveness in meeting the objectives of sustainability and user- friendliness. It is anticipated that compliance with this new requirement would be evaluated by, but not limited to, the following considerations: -3- Page 494 of 504 1) Site design and tree species selection that facilitates maximum tree canopy coverage of parking areas and other hard surfaces; 2) The level of commitment to maintain the landscaping in accordance with state defined arborist standards to prevent unnecessary and drastic trimming of project vegetation and avoidable reduction in tree canopy coverage; 3) Whether any Energy Star or equivalent roofing materials are used to confirm or ensure that the roof has a high reflectivity property; and 4) The high reflective material, mixtures, or treatment process selected for the materials used on walkways and parking lots (i.e. white cement used in the concrete mix in lieu of gray cement if still considered preferable for the cooler effect); CONCLUSION/RECOMENDATION Staff proposes these code amendments to continue incremental addition of smart growth and sustainable standards into the City's LDR. Attachment S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 16-003 Sustainable Parking - heat island effect & On-site parking\Staff Report - Sustainable Parking - Heat Island Effect & on -street parking.doc -4- Page 495 of 504 EXHIBIT "A" — Proposed Amendments Part III. Code of Ordinances, Land Development Regulations CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 3. Special Reductions in Required Off -Street Parking. G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use Minimum Number of Required Parking Spaced Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1) -bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 1. Only represents the base minimum parking ratios. Other requirements may also apply including parking for guests and recreation areas as described in other sections of the Land Development Regulations. 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation Page 496 of 504 EXHIBIT "A" — Proposed Amendments (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces-, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. b. Accommodate fuel efficient vehicles through provision of covered and well -illuminated locations with apparatus for parking and locking of bikes and low -powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space -conserving tandem spaces when functionally feasible. f Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off -set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. 1. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low -powered mopeds and scooters, Page 497 of 504 EXHIBIT "A" — Proposed Amendments motorcycles, compact vehicles and electric vehicles. Contact the management for further information". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. Sec. 4. Exceptions to Providing Required Off -Street Parking. C. On -Street Parking. 1. Applicability. The minimum number of required off-street parking spaces for a use or project may be satisfied, in part, by the use of on -street parking spaces located within the public right-of-way abutting that same lot or parcel. 2. Conditions. The provision for on -street parking space to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions: a. The on -street parking provision is applicable to all existing or proposed development located within the Community Redevelopment Area; b. Only the on -street parking spaces located within the public right-of-way that abut the frontage of a use or project may be used to count toward meeting the minimum number of required off-street parking spaces. The on -street parking spaces must be located on the same side of the street as the subject use or project except if the land use on the opposite side of a two- lane street would not be eligible for a parking reduction under this section, or if the existing land use is any residential use that does not rely upon on -street parking to meet its minimum parking requirement then the parking spaces on the opposite side of the street from the subject property may also be tabulated for the purpose of this section; c. The design of the on -street parking spaces must be approved by the City Engineer in order to satisfy parking demand according to Section B.1. herein; and d. On -street parking spaces utilized under this provision shall not be reserved, temporarily or permanently, for any given use. Page 498 of 504 14.C. LEGAL 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss the following lawsuit which has been served on the City of Boynton Beach: Fernando Bass, Plaintiff v. Jeffrey Katz, as Chief of Police of the Boynton Beach Police Department, in his official capacity, Detective Christopher Crawford, and Officer Alex Moreno, Defendants - in the United States District Court for the Southern District of Florida, Case No 9:15-CV-81734-Middlebrooks/Bran non EXPLANATION OF REQUEST: The City Attorney, James Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of the private attorney-client session will be set at the June 21, 2016 City Commission Meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. The cost of a court reporter. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Page 499 of 504 Legal Cherof, Jim Approved Finance Howard, Tim Approved City Manager LaVerrier , Lori Approved 611612016 - 4:57 PPA 611612016 - 5:00 PPA 611512016 - 2:47 PPA Page 500 of 504 15.A. FUTURE AGENDA ITEMS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Budget Workshops dates/times for FY 16/17 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 18, 2016 2:00 p.m. Tuesday July 19, 2016 10:00 a.m. Wednesday July 20, 2016 2:00 p.m. (if needed) 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 6/14/2016 - 9:67 AM Howard, Tim Approved 6/14/2016 - 9:67 AM LaVerriere, Lori Approved 6/15/2016 - 2:47 PM Page 501 of 504 15. B. FUTURE AGENDA ITEMS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Appointment of Voting Delegate and authorize Commissioner(s) to travel to Hollywood, FL for FLC Annual Conference, August 18-20, 2016. - July 5, 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 6/14/2016 - 0:50 AM Howard, Tim Approved 6/14/2016 - 0:50 AM LaVerriere, Lori Approved 6/15/2016 - 6:40 FSM Page 502 of 504 15.C. FUTURE AGENDA ITEMS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement between City of Boynton Beach and Town of Briny Breezes for Fire Rescue Services - July 2016 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted 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 6/14/2016 - 0:20 AM Howard, Tim Approved 6/14/2016 - 0:20 AM LaVerriere, Lori Approved 6/15/2016 - 3:40 FSM Page 503 of 504 15.D. FUTURE AGENDA ITEMS 6/21/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/21/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - July 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 6/14/2016 - 0:60 AM Howard, Tim Approved 6/14/2016 - 0:61 AM LaVerriere, Lori Approved 6/15/2016 - 6:40 FSM Page 504 of 504