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Agenda 11-03-15
The City of Boynton Beach City Commission Agenda Tuesday, November 3, 2015, 5:00 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boy nton- beach. org Page 1 of 166 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 166 1. OPENINGS A. Call to Order - Mayor Jerry Taylor CLOSED DOOR SESSION to be held on November 3, 2015 at 5:00 p.m. for a private attorney- client session to discuss pending litigation in the case of Dennis Galindez and Marla Galindez, his wife, Plaintiffs vs. City of Boynton Beach, Defendant - Case No. 50 2015 CA 002413 AI I nvocation Pledge of Allegiance to the Flag led by Commissioner Michael Fitzpatrick 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. City Hall will be closed on Veterans Day, Wednesday, November 11, 2015. B. City Hall will be closed for the Thanksgiving holiday on Thursday, November 26 and Friday, November 27, 2015. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday, November 14 from 9 a.m. to 11:00 a. m. D. Presentation by Jorge Pesquera, CEO, Discover the Palm Beaches (formerly known as the Palm Beach County Convention and Visitors Bureau), regarding Palm Beach County's tourism efforts, including those within 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: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Page 3 of 166 Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve piggy -back of Palm Beach County School District bid #16C -7T Term Contract for HVAC Mechanical Contractors with Stokes Mechanical Contractor, Inc. of Lake Worth, FL in the amount of $36,024.00 to furnish and install a new Trane Certified Blower Assembly at the West Water Treatment Plant. B. Approve the minutes from the Regular City Commission meeting held on October 20, 2015. C. Approve the purchase of replacement submersible sewage pumps from Custom Pump & Controls, Inc. of Weston, FL in the amount of $28,212.00 for lift stations #303, #520, and #806. D. Accept fourth quarter (July 1 - September 30) report on operations of the Schoolhouse Children's Museum and Learning Center for FY 14/15 E. Approve award of the bid for "Printing and Mailing Services", Bid No. 076-1210-15/JMA to Tribune Direct of Deerfield Beach, FL for the printing and mailing of the City of Boynton Beach Annual Report and 2016 Calendar, for an estimated cost of $31,500 - $42,000 depending on final layout and actual number of copies printed and mailed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Xylem Water Solutions USA, Inc. of Riviera Beach, FL, as a Sole Source for the purchase of parts and repair services on Flygt pumps on an "As Needed Basis" for the fiscal year 2015-2016, the average annual expense for the last three (3) years has been $150,000. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve the negotiated workers' compensation settlement of $49,085.94 in the case of Gregory Kenny v. City of Boynton Beach. B. Review and approve proposed settlement in the matter of C.M. v. The City of Boynton Beach and Stephen Maiorino, Case #2014-CF011229-AMB pending in the Circuit Court of Palm Beach County 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 - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED TO 11/3/15) B. PROPOSED ORDINANCE NO. 15-029 - SECOND READING - PUBLIC HEARING - Page 4 of 166 Approve amendment to Chapter 14, Section 14 -9 --Disabled Parking Regulations to be consistent with Florida Statutes. C. PROPOSED ORDINANCE NO. 15-030 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. 14. FUTURE AGENDA ITEMS A. Review and appoint accordingly applications received for the CRAAdvisory Board with the annual board appointments - December 15, 2015 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 5 of 166 1.A. OPENING ITEMS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor CLOSED DOOR SESSION to be held on November 3, 2015 at 5:00 p.m. for a private attorney-client session to discuss pending litigation in the case of Dennis Galindez and Marla Galindez, his wife, Plaintiffs vs. City of Boynton Beach, Defendant - Case No. 50 2015 CA 002413 AI I nvocation Pledge of Allegiance to the Flag led by Commissioner Michael Fitzpatrick Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 6 of 166 REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Prainito, Janet Approved Howard, Tim Approved Howard, Tim Approved Date 10/00/2016 - 12:38 PPA 10/00/2016 - 1:26 PPA 10/00/2016 - 1:06 PPA Page 7 of 166 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 11/3/2015 Reviewer Action Date Foyle, Judith Approved 10/26/2015 - 3:50 FSM Page 8 of 166 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: City Hall will be closed on Veterans Day, Wednesday, November 11, 2015. EXPLANATION OF REQUEST: In observance of Veterans Day, all City administrative offices will be closed on Wednesday, November 11, 2015 and will re -open at 8:00 a.m. on Thursday, November 12, 2015. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: N/A ALTERNATIVES: This is a scheduled holiday for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Prainito, Janet Approved 10/27/2015 - 9:41 AM Finance Howard, Tim Approved 10/27/2015 - 10:03 AM City Manager LaVerriere, Lori Approved 10/27/2015 - 1:58 PM Page 9 of 166 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: City Hall will be closed for the Thanksgiving holiday on Thursday, November 26 and Friday, November 27, 2015. EXPLANATION OF REQUEST: In observance of Thanksgiving, all City administrative offices will be closed on Thursday, November 26 and Friday, November 27, 2015. City Hall will re -open on Monday, November 30, 2015 at 8:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: N/A ALTERNATIVES: These two days are regularly scheduled holidays for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Prainito, Janet Approved 10/27/2015 - 10:01 AM Howard, Tim Approved 10/27/2015 - 10:04 AM LaVerriere, Lori Approved 10/27/2015 - 1:58 PM Page 10 of 166 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday, November 14 from 9 a. m. to 11:00 a. m. EXPLANATION OF REQUEST: As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department wishes to extend an invitation to "Looney Dunes Fun Day". This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. Planned activities include games, relay races, musical towels, and lots of fun in the sun. Be sure to wear a hat and plenty of sun screen. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect on City programs or services FISCAL IMPACT: Budgeted Event expenses in the Department's budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Reviewer Description Looney Dunes Fun Day Action Date Page 11 of 166 Recreation & Parks Assistant City Manager Finance NEEMEM Majors, Wally Approved Lejeune, Carisse Approved Howard, Tim Approved LaVerriere, Lori Approved 10/27/2015-1£50»9 10/28/2015-& AM 10/28/2015 - 8:51 AM 10/30/2015 - 11:48 AM Page 12 0 188 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Presentation by Jorge Pesquera, CEO, Discover the Palm Beaches (formerly known as the Palm Beach County Convention and Visitors Bureau), regarding Palm Beach County's tourism efforts, including those within Boynton Beach. EXPLANATION OF REQUEST: The City of Boynton Beach became a Signature Partner of Discover the Palm Beaches two years ago to increase its efforts in promoting the City's amenities to tourists - both day and overnight visitors. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The tourism industry generates substantial economic benefits to Palm Beach County and Boynton Beach, which Mr. Pesquera will cover in his presentation. This level of membership provides the City opportunities to extend its reach, networking and educational activities, additional cooperative advantages, access to industry statistics, and features on the Discover the Palms Beaches' social media outlets and advertising materials. FISCAL IMPACT: Budgeted The cost of the Signature Membership is split with the Community Redevelopment Agency (CRA) and is budgeted annually. ALTERNATIVES: Do not permit announcement from Jorge Pesquera, CEO, Discover the Palm Beaches. STRATEGIC PLAN: Growing Jobs and Business Opportunities, Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: Community Vision Principal 2: Coastal City 3. Reputation as a destination for boating, fishing and seafood 7. Active marine industry and tourism 8. Major sporting destination retail for water based activities Goal 3: Growing Jobs and Business Opportunities Objective 3, #3 Maintain /enhance relationship with economic development partners Long Term Challenges and Opportunities, #3 Boynton Beach Image and Experience Goal 5: "Positive and Exciting Boynton Beach Image: Curb Appeal" to Reputation" Long Term Challenges and Opportunities: #3 Marketing the Boynton Beach Brand and Arts. Page 14 of 166 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 1012712015 - 1:40 PPA 1010012015 - 11:48 AM Page 15 of 166 5.A. ADMINISTRATIVE 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt 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: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 16 of 166 REVIEWERS: Department City Clerk Appointments & Applicants Thomas Application 2015 Reviewer Action Date Pyle, Judith Approved 10/26/2015 - 3:59 PPA Page 17 of 166 APPOINTMENTS AND APPLICANTS FOR OCTOBER 20, 2015 Arts Commission I Merker Reg Applicants Kim Weiss 3 yr term to 12/15 Tabled (2) Building Board of Adjustment & Appeals Mayor Taylor Alt 1 yr term to 12/15 Applicants None Education and Youth Advisory Board III Fitzpatrick Stu 1 yr term to 12/15 Applicants None Golf Course Advisory Committee III Fitzpatrick Alt 5 yr term to 6/16 Tabled (2) Applicants None Recreation & Parks Board I Merker Alt 1 yr term to 12/15 Tabled (3) Applicants None Senior Advisory Board Mayor Taylor Alt 1 yr term to 12/15 Tabled (3) 1 Merker Alt 1 yr term to 12/15 Tabled (3) II IVIcCray Reg 2 yr term to 12/15 Tabled (2) Applicants None S:\CC\WP\BOARDSWPPMENTS\Board Year 2015WPPOINTMENTS AND APPLICANTS FOR 10-20-15.doc Page 18 of 166 Ellis, Shayla -9 TU AF Al T From: simonethomas1942 <noreply@123contactforrn.com> Sent: Friday, October 16, 2015 5:27 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/16/2015 Name Alana Thomas Gender Female Phone number 561-376-8064 Address 6 Kerry Place Qn Boynton Beach Florida 33426 Do you own/manage a United States Email slinonethoniasl942 Dwgrnailxom Current occupation or, if Student retired, prior occupation Education Santaluces Community High School Are you a registered voter? No Do you reside within the Yes Boynton Beach City limits? Qn Do you own/manage a c1l) C� business within City limits? No If yes", name of business: vic you currently serving No CIO C) --n -ntv ca on a City board? m ziM> Have you served on a City No C11) board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Do you wish to serve on No more than one board? Personal Qualifications I am an enthusiastic 10th grader at Santaluces Community High School. I currently maintain a 3.87 GPA and am ranked in the top 5% of my graduating class. I am a corporal in the Criminal Justice Academy and I currently volunteer 1 Page 19 of 166 weekly with the Palm Beach County Youth court system as a Youth Attorney. I am also a volunteer in the music ministry at my church, St. John Missionary Baptist Church in Boynton Beach. I would be honored to have the opportunity to serve on the Education and Youth Advisory Board. Professional Memberships Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 165.161.15.46 (United States) at 2015-10-16 16:27:15 on Chrome 43.0.2357.132 Entry ID: 124 Page 20 of 166 CONSENT AGENDA 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Approve piggy -back of Palm Beach County School District bid #16C -7T Term Contract for HVAC Mechanical Contractors with Stokes Mechanical Contractor, Inc. of Lake Worth, FL in the amount of $36,024.00 to furnish and install a new Trane Certified Blower Assembly at the West Water Treatment Plant. EXPLANATION OF REQUEST: The air handling unit (AHU) of the West Water Treatment Plant's (West WTP) HVAC system failed resulting in no conditioned air to the 2nd floor of the plant. In addition to negative impacts on the health and wellbeing of employees, certain lab equipment became inoperable requiring some of the water quality analyses to be outsourced. Stokes Mechanical Contractor, Inc. (Stokes) provided a temporary solution to repair the AHU and proposed two options for a more permanent solution. The first option is an entire AHU replacement. Advantages to replacing the entire AHU include all new components such as the blower section, motor, coil, AHU framing and condensate pan. However, as Utilities is currently reviewing the West WTP cooling needs with consideration given to upgrading the HVAC, Stokes proposed a second option which only replaces the inner components of the existing AHU's blower section. This option saves on cost as only the blower is replaced now, but the condenser is included in the future HVAC upgrade package which would require its replacement anyway. Utilities personnel have agreed that this is the best course of action for resolving the issue. The quote reflects a 20% discount on new equipment and parts, and an hourly rate of $85 in accordance with the Term Contract approved by the PBC School District. TERM CONTRACT PERIOD: OCTOBER 22, 2015 —OCTOBER 21, 2016 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The repairs are necessary to sustain air quality for city employees and protect laboratory equipment. Offices and the City's potable water testing labs are located on the second floor of the West Water Treatment Plant. Temperature changes inside the building impact the performance of the equipment and could result in costly repairs or outsourcing of water quality tests. This places the City's ability to perform regulatory testing and report preparation at risk. FISCAL IMPACT: Budgeted Funds are available in Utilities' Account No. 403-5000-533-65.02, WTR017. ALTERNATIVES: Replace the existing AHU in its entirety. Per Stokes' proposal (option 1), a new AHU furnished and installed costs approximately $58,862.00. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 21 of 166 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum D Other REVIEWERS: Description Blower Replacement Quote Stokes Award Recommendation PBC School Board Agenda Item Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Lejeune, Carisse Approved Legal Cherof, Jim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 10/20/2015 - 3:07 IIIA 10/20/2015 - 3:08 IIIA 10/20/2015 - 5:09 IIIA 10/28/2015 - 11:02 AM 10/28/2015 - 3:08 IIIA 10/30/2015 - 11:50 AM Page 22 of 166 H�AC M PROPOSAL ,� 2001 Seventh Avenue North L�< Lake Worth, Florida 33461 (561) 582-3589 State License No. ��s4 (561) 582-3602 fax HVAC: CAC049256 ���;�� service@stokes.com NO I DATE 10/7/2015 SUBMITTED TO JOB DESCRIPTION City of Boynton Beach Blower Rebuild DRESS JOB LOCATION 124 East Woolbright Road, Boynton Beach, FL Boynton Beach West Water TTN PHONE EMAIL Karen T. Riseley 561-742-6435 riseleykbbfl. us We hereby submit this proposal to pertorm the following work as outlined below: -Demo and remove existing blower assembly -Furnish and install new Trane Certified Blower Assembly -Confirm and return unit to normal operating function Trane Parts Cost- $26,620.00 x 20%= $31,944.00 Labor- 48 x $85.00= $4,080.00 Work to be i2erformed during the hours of 8:00am - 4:30pm Monday - Friday EXCLUSIONS: New parts other than mentioned above We hereby propose to furnish material and labor in complete accordance with above descri tion for the sum of: Thirty Six Thousand Twenty Four Dollars and 00/100 ...................... Dollars 36,024.00 Payment to be made as follows: upon completion All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above desorption involving extra casts will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, hurricane and other necessary insurance. Our workers are covered by workman's Compensation insurance. Authorized Signature: NOTE: This proposal may be withdrawn if not accepted within 30 days Acceptance of Proposal — The above prices, description and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will Jason Dunham- HVAC Project Manager be made as outlined above. Signature: Print Namerritle: Date of Acceptance: R:t?F A.,tYitt. PIt1Ei3: Page 23 of 166 VI/ 16C -7T BID SUMMARYL DOCUMENT VENDOR NAME: Stokes Mechanical Contmctor, In—c. The labor rates bid below shall be valid during f suWject to all terms and condfflone- contained herein. Repair and or replacement parts I material cost. V/*" Contractor's Actual Cost plus percentage Cost Plus 20 % (Not to exceed 25%) Taxes are not eligible for mark-up. Page 24 of 166 Premium I[mR f", AAA 1 11 *I 41IL12000 hr. fMM I TIT, Apprentka/Helper Service Technician, 85-00 hr. s 127.50 hr. $ 170-OOhL Hourly rate(s) for various personnel, to include Regular, Overtime and Premium. Regular Time: Monday - Friday 7:00 a.m. – 5:00 p.m. Overtime: After 5:00 p.m. and Saturdays Premium Time: Sundays and holidays. Repair and or replacement parts I material cost. V/*" Contractor's Actual Cost plus percentage Cost Plus 20 % (Not to exceed 25%) Taxes are not eligible for mark-up. Page 24 of 166 DATE: September 15, 2016 DATE f] August 14,20 15 PRESENTED TO BOARD: October 21, 2015 U11 ► f •?7711• 6 CONTRACT PERIOD: October 22, 2015 through October 21, 2016 DEPARTMENT: V6rious FUND: Various FUNCTION; Vairlous ACCOUNT. Various FUNDING SOURCE: REQUESTING DEPARTMENT: Plant The annual financial impact to the District's budget Is not to exceed $4,000,000. The source of funcl 'a the Capital Maintenance Transfer and Capital Funds budgets. AWARD RECOMMENDATION /TABULATION attached bid Vendor 111111norlik Status Air Mechanical & Service Cor Irstron, Inc Carrier r- • ♦ + StokesEarmer & Irwin Corporation Precision Air Systems, Inc. 6 Quantum Maphlinical, LLC 2 Southpjsherp-91�111,pr of Miami Inc. • . . LEGEND: Award MINORITY - (2 -African American, 3 -Hispanic American, 4 -Native American, 5-AsIan American, 6-Amedcan Woman.. 7 -Physically Impaired, 8 -Other) Precision Air Systems, Inc. is a minority owned business registered with the State of Florida; however, Stokes Mechanical Contractor, Inc. is a minority owned business that Is registered with the State of Florida; .,however, they have exceeded the School District of Palm Beach County guidelines and have graduated •:; • • RECOMMENDATION: It Is recommended that the award be made to all responsive and responsikLz bidders In order to mM the needs of the School District. RavbW6M3 Page 25 of 166 H Agenda Item Details Meeting Oct 21, 2015 - 3. REGULAR BOARD MEETING at 5 p.m. in the Board Room Category 14a. Consent Agenda - Purchasing Items (FM PA and FP) Subject FMP03 Award of Bid 16C -7T for HVAC Mechanical Contractors Type Action (Consent) Recommended I recommend the Board approve the award of Bid 16C -7T for the purchase of HVA(I Action be Mechanical Contractor Services for the period October 22, 2015 through Octo er 2 2016. 1 DESCRIPTION: Award of Bid 16C -7T for HVAC Mechanical Contractors with Air Mechanical and Service Corporation, Airston, Inc., Carrier Corporation, Farmer and Irwin Corporation, Precision Air Systems, Inc., Quantum Mechanical, LLC, 9,outheastern Chiller of Miami Inc., Stokes Mechanical Contractor, Inc. Purchases from this term contract include HVAC Mechanical Contractor services for preventive maintenance, repairs and installations of HVAC systems District -wide. The FY16 spend with Air Mechanical and Service Corporation, Airston, Inc., Quantum Mechanical, LLC will not exceed $450,000 each under Bid 16C -7T. The FY16 spend with Farmer and Irwin Corporation will not exceed $530,000 under Bid 16C -7T. In addition to FY16 spend previously approved, Southeastern Chiller of Miami Inc., will not exceed $530,000 under Bid 16C -7T In addition to FY16 spend previously approved by delegated authority, Carrier Corporation will not exceed $530,000 under Bid 16C -7T. In addition to the FY16 spend previously approved by delegated authority, Stokes Mechanical Contractor, Inc. will not exceed $530,000 under Bid 16C -7T. In addition to the FY16 spend approved by Board action June 17, 2015 (FP), and delegated authority, Precision Air Systems, Inc. will not exceed $530,000 under Bid 16C -7T. Precision Air systems, Inc., and Stokes Mechanical Contractor, Inc., are minority vendors but have graduated from the District M/WBE program. CONTACTS: Michael J. Burke, Chief Operating Officer Steve Bonino, Chief of Support Operations FINANCIAL IMPACT: The annual financial impact to the District's budget is not to exceed $4,000,000, The source of funds is the Maintenance and Plant Operations and Program Management budgets, SCHOOL BOARD GOALS: (Check all that apply.' * 1. Student First Philosophy * 2. Family Matters * 3. Qualified and Highly Effective Workforce X 4. Efficiency and Accountability http://www.boarddoes.com/fl/Palmbeach/Board.nsf/Public 1RMV_865of 16(1 c 5. Community Engagement c3 6. Communication Beneficial Interests.pdf (2,390 KB) Agenda Item FMP06 6-17-I5.pdf (75 KB) 16C -7T Bld.pdf (1,393 KB) O&A FMP03.1.pdf (142 KB) 16C -7T Tab.pdf (357 KB) http://www.boarddoes.com/fl/Palmbeach/Board.nsf/Public 1R/,2jQ(?175of 16(1 102 - PREVENTIVE M;k1NfE_NANCE, REPAIRS, and INSTALLATIONS DATE: September 15, 2015 DATE OPENED: September 10, 2015 DATE SOLICITED: August 14, 2015 DATE POSTED: September 15, 2015 PRESENTED TO BOARD: October 21, 2015 CONTRACT PERIOD: October 22, 2015 through October 21, 2016 DEPARTMENT: Various FUND: Various FUNCTION: Various ACCOUNT: Various FUNDING SOURCE: Capital Maintenance Transfer and Capital Funds REQUESTING DEPARTMENT: Maintenance and Plant Operations 1:2 1 Z M LN The annual financial impact to the District's budget is not to exceed $4,000,000, The source of funds is the Capital Maintenance Transfer and Capital Funds budgets. Air Mechanical & Service Cor • Airstron, Inc Carrier Corporation Farmer & Irwin Corporation Precision Air Systems, Inc. Quantum Mechanical, LLC Southeastern Chiller of Miami Inc. Stokes Mechanical Contractor, Inc. LEGEND: = Award (see attached bid summary) BK�= 6 2 6 MINORITY - (2 -African American, 3 -Hispanic American, 4 -Native American, 5 -Aslan American, 6 -American Woman. 7 -Physically Impaired, 8 -Other) I*x"quirelz ITTer]-ml U-UXUe-U9Tf RUT -0 Fuounly guiaelines ana nave graduated the program. * Stokes Mechanical Contractor, Inc. is a minority owned business that is registered with the State of Florida; -however, they have exceeded the School District of Palm Beach County guidelines and have graduated the program. RECOMMMIDATION: It Is recommended that the award be made to all responsive and responsibiz bidders in order to meet the needs of the School District. F,TZTP=,5ZW Page 28 of 166 M 7161111ttuu If] leBslunlelo MIR soucifazion, it are hereby rejected as late, a If a bidder wishes to protest a bid, they must do so I in . stdct accordance with.the procedures outlined in FS 120.57(3). Any pers] who files an action, r es Mail recov Z all costs and charges included in the final order of judgment, including charges by the Division of Administrative Hearings. Up payment of such costs and charges by the protester, the protest security shall be retumed. If the protest prevails, he or she sh recover from the D�stnct all costs and charges, which shall be included in the final order of judgment, DISQUALIFYING CRIMES The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed f debarment, declared ineligible or voluntadly excluded from participation in this transaction by the State of Florida or Fede Government, Further, bidder certifies that it has divulged, in Its bid response, information regarding any of these actions or propose 2clions with other govemmental agencies. Page 29 of 166 : 2 E � 7 k � � WO Page 30 of 166 E \ k o tw o w a k & t ƒ / § / m m 2 0 £ ¥ 2 k k k k k k% w ƒ f ? § § 3 J > 3 u k k f k -0_-0 / £ . c § . c § , C@ § @ / ■ / u k / ' a\ Q. §§§ E@ a c a ° 2 tA/ ' \' LL U- a� CL k Labor and Material Rte Page 30 of 166 0 VENDORINAME: gimes memanicai Contractor. The 16bor rates Wd below shall ba velid Cluing the coyftat. subject to PH terms Find corzi.-Mons contalm.d harehm RZopair and or ro;,Ovw.ment party I rr.aLsriEl cO,t. Cantr*.,tuft Actual Cost plus porcanlAga-cma mus 20 im, (Al to e�xm "'d 2!� %) -,W Tnxe* are not 082iblia fc: muk-Ov. I Page 31 of 166 Howard, Tim 0 From. Alibrandi, Julianne Sent: Wednesday, October 28, 2015 2:58 PM To: Howard, Tim Subject: FW: info ffmxl.-;«. 5 It -NM M Sent: Wednesday, October 28, 2015 2:57 PM To: Alibrandi, Julianne Subject: info All resDonses were acceDted a -f - Dennis Messerli Purchasing Agent School District of Palm Beach County Disclaimer: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Julianne Alibrandi, Senior Buyer Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 334N o: 561-742-6322 ALibrand!J@bbft.us 1 www. boynton -beach. org . ...... .. ... Tin Faebclok 91 01971M =1, b.: w J 1.,;'a 7i"i R I- Uv Page 32 of 166 6.B. CONSENT AGENDA 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on October 20, 2015. EXPLANATION OF REQUEST: The City Commission met on October 20, 2015 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: High Performing City Organization 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 Pyle, Judith Description Minutes 10-20-15 Action Approved Date 10/26/2015 - 3:50 PKA Page 33 of 166 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 20, 2015 @ 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Taylor called the meeting to order at 6:31 p.m. A roll call revealed all members were present. Invocation Pledge of Allegiance to the Flag led by Commissioner McCray The Invocation was offered by Commissioner McCray, who then led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Attorney Cherof added two items to Consent Agenda. One was for a partial release of a property from a Unity of Title. The second was to correct a reference in the ATS (American Traffic Solutions) agreement to reflect Palm Beach County rather than Broward County. Mayor Taylor added the items as 6.K and 61 under Consent Agenda. Mayor Taylor noted Item 13.A would be left on the table for further changes. Commissioner McCray noted Item 12.13. should be corrected to reflect "sign" rather than "sing" on the last line. 2. Adoption Page 34 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion OCTOBER 26, 2015 Commissioner Merker moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray attended the funeral of Elizabeth Jenkins and thanked Eleanor Krusell, Communications Manager, for composing the Tribute honoring Ms. Jenkins. It was greatly appreciated by all. He reported the Fall Festival at Intracoastal Park was well attended and commended the Recreation and Parks Department. At the Non-profit Showcase held at Bethesda Hospital, Commissioners McCray and Fitzpatrick sat with the father of a Lynn University student who lost her life in the Haiti earthquake. Commissioner McCray graduated from the College of Boca Raton, now Lynn University. Commissioner McCray also attended Music on the Rocks Friday night and the Wildcats homecoming game on Saturday. He was appalled with the condition of the press box at the field and noted unless Commissioners attend events, the disrepair goes unnoticed. He hoped facilities would take better care of what is given from the citizens of Boynton Beach. The Gospel Program at the amphitheater attracted a good crowd and he was pleased to meet the citizens of Boynton Beach. Commissioner McCray was proud to be present for the swearing in of the Assistant Police Chief, Vanessa Snow. Commissioner Merker commented on the passing of a young man, Corey Jones, and had spoken with Reverend Sylvester Banks, his grandfather. He offered his condolences and prayers to the Banks and Jones families. He concurred with Commissioner McCray about the press box at the Wildcat games. It should be cleaned up because it is an excellent program. Commissioner McCray interjected that Corey Jones' grandmother, who passed just a few days prior, was his God sister. The family thanks everyone for their kind thoughts. Page 35 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Vice Mayor Casello indicated he had a long-standing friendship with the father of the Lynn University student who had died in Haiti. He is a successful builder and developer in Massachusetts. After the Haiti earthquake, he got involved with the Haitian community and built an orphanage in Haiti, adopting 66 children that he supports and maintains. He would be working with the local Haitian community in Boynton Beach and in Haiti. Vice Mayor Casello looked forward to being a part of the efforts. Vice Mayor Casello had gone to the Wildcats homecoming and noted -the facilities are rundown. It is a mentoring program with the inner-city youth. There are over 200 volunteers who teach football and team work, mentor them in schools and in social lives with discipline guidelines. It is much more than football. Commissioner Fitzpatrick had gone to the Metropolitan Planning Organization (MPO) meeting, the South Central Wastewater Treatment meeting and the Non-profit Showcase at Bethesda Hospital. He had also gone to a couple Save Boynton High meetings. Mayor Taylor had gone to the Fall Festival that was attended by 500 to 600 children and their families. There were many activities for the children and he commended the Recreation and Parks staff. Mayor Taylor went to the Bethesda Showcase for non- profits that was excellent. He would be attending a CRA conference in Tampa for three days. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors regarding the Tennis Center hosting the Rally For The Cure event, which will be held on Saturday, October 24 beginning at 10 a.m. Wally Majors, Director of Parks and Recreation, announced the Go for Pink event at the Tennis Center to raise funds for the Rally For the Cure addressing breast cancer research. It would be held on Saturday, October 24th beginning at 10 a.m. Mr. Majors also announced on Monday, October 26th at Intracoastal Park Clubhouse at 6:30 p.m. would be a meeting for the public to present comments and ideas for updating the Master Plan. The meeting would be hosted by the Recreation and Parks Advisory Board. B. Announcement of the Community Redevelopment Agency's (CRA) Boynton Beach Pirate Fest and Mermaid Splash. Pirates captured the Commission Chambers and announced the 4th annual Spooktacular Event and Pirate Fest to be held October 24th and 25th from 11 a.m. to 9 p.m. on Saturday and 11 a.m. to 7 p.m. on Sunday. It is a free event with acrobats, Page 36 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 jugglers, and a wheel of death, mermaids and fairies. The event is sponsored by the CRA. He invited everyone to attend the event and enjoy the family entertainment. 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) Suzanne Ross, Director of the Schoolhouse Children's Museum, gave an update and noted visitation was up 16% and membership sales up 38% over last September. October special programs included a pirates' day, painted pumpkins and the haunted house as part of the Pirate Fest. The Museum would be hosting Costumes and Cocktails on Friday evening for adults. The Museum would be closed for the transformation. Harry Woodworth, 685 NE 15th Place, President of INCA (Inlet Cove Associations), thanked Ms. Springer from Code Compliance for meeting with INCA residents. Many issues got resolved. He suggested citizens not be bounced around from department to department without speaking to the proper person. He noted Mr. Groff in Utilities always responded to their requests. He commended the Chief of Police on resolving the parking along Federal Highway by U -Haul vehicles. Commissioner McCray interjected the public should be informed about the Read for the Record event, reading Not Norman, a goldfish story. John Durgan, Special Projects Coordinator, City Manager's Office, explained it is a national campaign and the City partners with the Palm Beach County Literacy Coalition. All the municipalities participate and citizens can register to read to three to five year olds at the day care centers and elementary schools. The goal is to build awareness of reading and education. The City has won the title in Palm Beach County for two years for having read to the most children. No one else coming forward, Mayor Taylor closed the 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 (NN Stu) openings exist: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: I Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: I Alt 9 Page 37 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Senior Advisory Board: 1 Reg and 2 Alts Motion Commissioner Merker moved to appoint Kim Weiss as a regular member of the Arts Commission. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 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. R15-132 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. B. Approve funding in an amount not to exceed $12,000 for a Rent Reimbursement Grant to Driftwood Ales LLC, 108 Commerce Road, Boynton Beach, Florida, 33426. C. Approve a one year piggy -back of the State of Florida contract no. 41120000 -15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for -the Utilities Department, for a not -to -exceed amount of $40,000. The City's purchasing policies allows the utilization of the State of Florida contracts. D. Approve utilizing the State of Florida Contract number 43211500-WSCA- 15-ACS for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998.23. E. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for October 20, 2015 - "Request for Extensions and/or Piggybacks". F. Approve purchase of Faro Focus 3D Scanner and all other necessary equipment from FARO Technologies of Lake Mary, FL as a sole source purchase in the amount of $77,483.20. To be funded from Federal Forfeiture funds. 5 Page 38 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 G. PROPOSED RESOLUTION NO. R15-133 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. H. Approve the minutes from the Regular City Commission meetings held on October 6, 2015. I. Accept the written report to the Commission for purchases over $10,000 for the month of September 2015. J. PROPOSED RESOLUTION NO. R15-134 - Approve Amendment #1 to the Agreement between the City of Boynton Beach and Boynton Beach Faith -Based Community Development Corporation for $120,000 of funding from the Heart of Boynton Beach -Model Block Project Activity that was adopted on August 4, 2015 as part of the Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2015/2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with a freight increase of $1.20 per ton, with Lhoist North America. This product will be ordered on an "As Needed" basis for the anticipated annual expenditure of $320,000. Motion Commissioner McCray moved to approve the extension. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 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. Approve request for Conditional Use / Major Site Plan Modification for additions of a 13,087 square foot Elementary School / Early Childhood fi Page 39 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road within the R1 -AA (Single -Family Residential) zoning district. Applicant: Dustin Mizell, Dustin Mizell Landscape Architecture. Attorney Cherof administered an oath to all those intending to testify. Dustin Mizell, of Dustin Mizell Landscape Architecture and a board member of Lake Worth Christian School, introduced his team for the project. He thanked City staff for their cooperation and especially Ed Breese, Planner, for his assistance. The timeline for the project had to be accelerated based on the pressing timelines for the school. It was hoped the new facilities could be open and operational by the next school year. The School had previously submitted a site plan approval for an early childhood education and development center. The project was approved in 2007 with three, two- year extensions granted that expired this year. The delay was due to the downturn in the economy, increase of VPK programs in the community, and the needs of the school changed. The site plan adds a 13,087 square foot educational building on an undeveloped piece of land. There is also a 6,000 square foot athletic center. The elementary school is near capacity and the desire is to add an additional class for each grade up to the sixth grade. It will reduce class sizes and afford a better student to teacher ratio. There will also be a 13,001 square foot general use building for a chapel, class meetings, school plays, and physical education classes. The size of the endeavor has decreased since the first site plan wassubmitted by approximately 9%, resulting in less traffic and student impact. Traffic concerns have been addressed with staff and the neighbors to the south. The plans were presented to the residents and issues discussed. All traffic would enter by the south drive to four different drop-off areas with ample stacking available. Staggered school times would ensure a smooth traffic flow. There are no backup issues along High Ridge Road currently or in the future. Once capacity at the school has been reached, the traffic flow could be re-evaluated. It would be a phased project. The elementary school expansion would be phase one. Phase two would be the general use building and the athletic facility. There are some minor changes with new pedestrian access, additional handicap accessible space, slightly expanded playground and outdoor play area, mechanical area and a dumpster. The visual impact to the neighbors includes retaining walls and the facility is sunk down with existing significant landscape buffers. The adjacent properties are higher than the Page 40 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 school. The proposed additional landscaping would mitigate any visual impact concerns. It would be more than Code minimum. There would be thick foundation plantings and additional canopy trees as well. Commissioner McCray disclosed Dustin Mizell was not related to anyone at the Roy Mizell & Kurtz Funeral Home where he is employed. The architect explained the style of the existing, adjacent elementary building was matched with a very residential feel. There are slopped roofs with tiles. A soft yellow color would be used to attempt to make the facility even more residential. The secondary building is athletic in nature and very non-descript with low slopped roofs and very little impact. Mr. Mizell agreed with all the conditions of approval. Mayor Taylor disclosed he had met with the leadership of Lake Worth Christian School to discuss the plans and the expanded campus. It was noted the Planning and Development Board recommended approval of the request. Vice Mayor Casello's concerns with parking had been discussed at the Planning and Development Board meeting. He asked how the staggered start and finish times coordinated with the neighboring charter school. The School Superintendent responded the other school did not start until about 9 a.m. All of the Lake Worth Christian students would be in session at 7:50 and the secondary and elementary at 8:10. There should be no relationship between the traffic for the two schools. Vice Mayor Casello noted there were 183 units of housing to be constructed at the corner of Miner Road and High Ridge Road. He was unsure of the impact on the traffic flow when that project was completed. The County Engineering had recommended a turning lane, but it was not required. The other residential development did not feel a turning lane was necessary. Vice Mayor Casello asked if there would be a security bond held until the traffic study is done when the school reaches capacity. Ms. LaVerriere understood a surety bond would be held should a turn lane have to be designed and constructed. Andrew Mack, Interim Director of Development and City Engineer, confirmed a bond was being required. If there were any observed deficiencies after the construction at the school or upon reaching peak capacity, an analysis would be done. Staff would do the analysis. The amount of bond would be based on the engineeers' estimate which has not been submitted as yet. The formula is 110% based on the engineers' estimate of the design, construction and permitting of the turning lane. It would be approximately $200,000. F-1 Page 41 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL [�J OCTOBER 20, 2015 Vice Mayor Casello moved to approve the Conditional Use and Major Site Plan Modification. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. PROPOSED ORDINANCE NO. 15-029 - FIRST READING - Approve amendment to Chapter 14, Section 14 -9 --Disabled Parking Regulations to be consistent with Florida Statutes. Attorney Cherof read Proposed Ordinance No. 15-029 on first reading, by title only. FiTi?-=- •i Vice Mayor Casello moved to approve the amendment. Commissioner Fitzpatrick seconded the motion. Commissioner McCray noted the information indicated there would be a decrease in revenue in the General Fund of $40,000 to $60,000 per year. Ms. LaVerriere indicated renovations are ongoing for ADA improvements to the restroom facilities at various locations. In looking at the current regulations and attempting to better align them with the Florida Statutes, the cost of the ADA improvements was addressed. It was determined it would be appropriate to use one- third of the revenues from the handicap parking fines to fund the ADA improvements. The improvements are quite expensive and there are numerous projects. It would be an appropriate use of the revenues. Vote City Clerk Prainito called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 15-030 - FIRST READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. Attorney Cherof read Proposed Ordinance No. 15-030 on first reading, by title only. 01 Page 42 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Mike Rumpf, Planning and Zoning Director, advised this was an advertised item and public comment should be allowed. Two public hearings are required. The study of staff quickly identified an issue with the regulations on gas stations. Out of the 18 gas stations within the City, nine are legally non -conforming. They can continue in operation but do not comply with the regulations. The proposed changes would maximize the number of gas stations that conform. None involve issues with land use capability, detriment to the residents and some are in better locations than others. Two of the gas stations are within the CRA area and will be studied further through the consolidated plan and CRA plan update. There may be a different vision for the properties along the entrance corridor into the City that may not support a standalone gas station use. The others are made conforming by the changes in the regulations. It involves business separation from residential, intersection locations, zoning district regulations and amending the PID (Planned Industrial Development) regulations to allow them within a PID district. One currently exists. The changes would allow gas stations as accessory uses for large retail. Commissioner Merker clarified the regulations do not have to be met by the existing owners. Mr. Rumpf advised under the proposed change that was correct. It would exempt them from the non -conforming site requirements. The existing properties could be sold as long they have an active Business Tax Receipt and approval through the City's offices. Mr. Rumpf explained staff had researched the generator readiness of the stations. There is a State law that mandates new stations and substantial improvements to existing stations to meet a specific criterion such as being on a hurricane evacuation route and have 16 pumps or more. At this time, 7 of the 18 stations are generator ready and one has a generator on site. All of the stations are within one-half mile of the hurricane zones and on arterial roadways. Commissioner McCray understood this arose from a request to put a gas station at Rainbow City Grocery on Seacrest Boulevard. Approval of the amendments would not allow a gas station at the Seacrest location. Mayor Taylor opened the issue for public comment. No one came forward. Motion Commissioner McCray moved to approve the amendments. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 19 Page 43 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 10. CITY MANAGER'S REPORT A. Discuss the recommendation from Recreation & Parks Director Wally Majors to allow registered members of the Academy of Model Aeronautics (AMA) to fly battery powered, electric, radio controlled (RC) helicopters and multi-copters (aka: drones) at the Hester Park football and baseball fields. The members would participate as part of a chartered "club". A short PowerPoint presentation is included. Commissioner McCray mentioned there is one elementary school and one high school that participate in an aeronautics program. The impact on the children with the planes and drones is overwhelming. After hearing from the citizens and staff, he changed his mind and would be in favor of the program. Mr. Majors thanked Commissioner McCray for his support. The primary focus is on radio controlled aircraft such as helicopters or quadcopters. The City could host the activities without making any changes to the existing facilities. A more elaborate program with model aircraft would involve building a landing strip. In researching the subject, it was found the Academy of Model Aeronautics (AMA) acts as a liaison between the lobby industry and FAA (Federal Aviation Administration) that created a set of guidelines for the use of radio controlled aircraft in an appropriate and safe manner. It can be a very worthwhile recreational activity. The County works with the organization. A club would have to be created and allowed to operate at the facility to become a charter member of the AMA. The charter club would then be allowed to provide the City a $2.5M general liability insurance policy listing the City as an additional insured. It would protect the City from any potential risks inherited by the venture. The search for a location included a facility with few obstructions, plenty of space, area that could be designated as a flying area and public interest. It is something young adults and teens enjoy and is becoming more prevalent nation-wide. Scheduling would have to be addressed. The opportunity for partnerships became evident quickly because there were opportunities to build relationships with the schools. There is also an economic impact. The Hester Center has beautiful athletic fields in the back and a 17,000 square foot recreation center with a full-size gym, game room, computer lab, meeting space that could lend itself to a conference, to bring people to the Hester Center and showcase its amenities. Three of the larger parks or community parks have a variety of amenities and some type of center. It allows staff to be on the ground. The buffer with the residential area is minimal to none at Wilson Park. Barrier Free Park is very dense with very little available space. Hester had ample space. The -fields are used for football between August and 11 Page 44 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 November. They rest for a couple months and then used extensively for soccer. The proposed activities can be ongoing while other activities are being done. The aircraft simply land down and can operate in an area that is not necessarily totally flat. The Hester facility is fenced in and has a natural buffer. It is a great opportunity to be one of the first municipalities to be able to host this type of activity. The flying area would be restricted within the boundaries of the fields. Anyone flying and aircraft at the site would have to be a member of the AMA and issued an ID card that would be displayed. Anybody 19 years old or younger can join the AMA for free. The guidelines would be the same as the County. The City would ultimately establish the guidelines, but the club would have their own rules approved by the City. It was hoped some of the times could be extended to allow the kids in the after-school program to experience the aircraft and perhaps create educational activities. There would need to be a formal agreement between the City and the Club. Vice Mayor Casello felt it was a great opportunity to partner with the schools and help the kids to get involved. He questioned the hours of operation. Mr. Majors advised he would meet with staff to establish the schedule. Midafternoon to late afternoon and maybe weekends hours were possibilities. Vice Mayor Casello inquired who would monitor the use and enforce the rules. Mr. Majors emphasized staff would not be onsite at all times monitoring the use. The identification card would be essential and if someone is out there flying, attention is drawn to the area. Staff is in the area on a regular basis and if someone is violating the rules, a warning would be issued and further issues could result in being prohibited from the area. Commissioner McCray wanted to be assured the practicing of the Wildcats football team would not interfere. Mr. Majors stated it would not interfere with the practices or the games. Commissioner Merker was initially against the idea, but heard the words club, control and organized and changed his mind. The key is it must be controlled and organized for the sake of safety. Commissioner Fitzpatrick was in favor of the proposal. Mayor Taylor was excited about the program. It would discourage people from flying them everywhere. He speculated sponsorships to improve the area may be a possibility. Commissioner Fitzpatrick reported a resident, Lak Kahlra, had offered his 23 acres to fly drones; however, he had not contacted Mr. Majors as yet. 12 Page 45 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL I r, Commissioner Merker moved to approve the program seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS OCTOBER 20, 2015 Commissioner McCray A. Authorize the expenditure of $1,000 from Commissioner McCray's Community Support Funds to the Dimensional Harmony Choir from Boynton Beach Community High School. Motion Vice Mayor Casello moved to authorize the expenditure. Commissioner Fitzpatrick seconded the motion. It was clarified the monies would be from this year's budget. Vote The motion passed unanimously. Mayor Taylor appreciated the donation and stressed more donations are needed. B. PROPOSED RESOLUTION NO. R15-135 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Housing Trust Group (HTG) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as South Side of Martin Luther King, Jr. Blvd. Project and sign any related application documents to confirm such support. Motion Commissioner McCray moved to approve signing -the interlocal agreement. Vice Mayor Casello seconded the motion. Vote 13 Page 46 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL The motion passed unanimously. OCTOBER 20, 2015 C. Discuss proposed volunteer cleanup event inside the Old High School in November, 2015. Commissioner Fitzpatrick commented volunteerism built the country. Boynton Beach is a strong supporter of Habitat for Humanity that is volunteer labor. There is also Kid's Kingdom that in 1996 took 1800 volunteers and $180,000 in wood, cinder blocks and cement to build the playground. The work took six months and the labor was more challenging with hundreds of power tools and no one went to the hospital. Working one weekend, mostly with brooms and shovels and wheel barrows is not a big deal. There has been a small group trying to save the Old School for a long time. There were at least 12 new people present wanting to volunteer and help. The Schoolhouse Children's Museum agreed their electrical outlet could be utilized and the water hose. Falling tiles were a concern and any entrance would have a safety roof consisting of two sheets of five inch plywood. Any other concerns would be dealt with such as asbestos. It has already been mitigated. In the few areas where asbestos remains, access would not be allowed. It is not a terribly dangerous thing to sweep it up. If Mr. Gonzalez's plans are accepted, it will be months before there is any activity. Rain will enter the premises, as well as cats and rats. If it is going to be saved, it would be good to temporarily patch the holes to make it more water tight. There would be no construction or rebuilding. It is mostly taking out and if it is demolished, it would help. There should be no objection to a work weekend and building community spirit. Commissioner Merker liked the idea, but had concerns about insurance and liability. Commissioner Fitzpatrick acknowledged it was a concern and had called an insurance carrier for information. He did not want any extra liability on the City. A liability form would be prepared and required to be signed. The number of workers would be carefully regulated and monitored. There would be crew leaders. There would be no freelancing. Commissioner Fitzpatrick recalled he had put $1,500 into the Foundation fund to be used for this project and Save Boynton High has collected approximately $2,000. With a definite use and need for money, donations would be forthcoming for plywood, other supplies and event insurance. Commissioner Merker inquired if an attorney has been consulted about the insurance, volunteer participation and the involvement of the City and any cost. Commissioner Fitzpatrick was confident any issues could be resolved. Mayor Taylor felt the intentions were well meant. However, the Facilities Director had informed the Commission the building is a hazard. There was no way, in good conscience, he could allow residents to enter a hazardous situation. Mayor Taylor suggested -the City Attorney contact the City's insurance carrier to see if any coverage would be available. The signed waivers would not stand up in court. The court 14 Page 47 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 disregards the waiver because there is prior knowledge of the hazard. It would open the City to liability and lawsuits. It could be months after the event that health issues arise. Mayor Taylor stressed a professional was assessing the building for the next four months. He would not send residents into the area knowing the conditions and he could not support the endeavor. Vice Mayor Casello asked about the liability coverage. Attorney Cherof replied it depended on the circumstances and sometimes they are not enforceable. Those type of cases turn on very specific facts that have not been pursued. Vice Mayor Casello inquired what the ladders would be used for and Commissioner Fitzpatrick responded people with construction skills could assist in bringing down the exterior, after added, AC units using re -enforced scaffolding and ladders. He would only allow skilled workers to do that type of work. Vice Mayor Casello commended Commissioner Fitzpatrick for his passion to get things done. Vice Mayor Casello had walked through and inspected the interior of the building. He had concerns with the second level flooring that would have to be repaired. The air quality is terrible. It was hard to breath and he felt respirators would be needed for any period of time. It was hoped Mr. Gonzalez would come back with a viable plan to save the school. The risk is not worth the challenge to attempt a cleanup and would not serve any purpose. He could not support the action. Commissioner McCray was in favor of waiting for Mr. Gonzalez's four-month study. Since fundraising is ongoing he asked for an update. Commissioner Fitzpatrick contended fundraisers have to be able to touch the goal and if denied, fundraising would fail because the people are not vested. If barriers are set up there will never be the kind of community involvement that is good. Commissioner Fitzpatrick had received word from Mr. Gonzalez hoping to immediately find the funding to install a tarp on any open holes and roof areas, and secure old broken windows and walls with plywood. Commissioner Fitzpatrick argued by not securing the building at this time it would be deteriorating even more and increase costs. As far as the hazard, Commissioner Fitzpatrick asserted the Mayor had been demonizing the building for 20 years. He has never allocated any money for preventing further damage. The plan was to keep the water out and clean it up to make the project more economical. It would help fundraising. Commissioner McCray pointed out the information from Mr. Gonzalez should have been shared with the entire Commission. 15 Page 48 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Commissioner Merker inquired if there was a timeline for Commissioner Fitzpatrick's endeavor based on the three concerns of legal, insurance and hazards being resolved. Commissioner Fitzpatrick agreed, but questioned why the work should be done if the Commission was going to stomp on the entire concept of restoration. Mayor Taylor would not support the plans and felt safety was the main concern that should be above everything else. Mayor Taylor questioned if Commissioner Fitzpatrick was a certified building contractor to oversee all the work. Commissioner Fitzpatrick advised he was a State certified building contractor. Motion Commissioner Fitzpatrick moved to approve a cleanup event at the Old High School. Commissioner Merker seconded the motion. Commissioner Fitzpatrick suggested the public be permitted to speak. Mayor Taylor opened the issue for comment. Cindy Nye, 86 SW Green Cay, West Palm Beach, had grown up in Boynton Beach and attended the school. She asked if asbestos had been added to the building since the 60s. The six years she spent in the school as a student had not killed her. She grew up in a house that had asbestos flooring. She understood the structural part that might be dangerous; however, she did not understand how the remaining asbestos could be harmful. Mayor Taylor responded the Director of Facilities provided a list of hazards that exist. Vice Mayor Casello had gone into the interior of the building and the air quality was terrible making it difficult to breath and he saw a lot of mold. Ms. Nye did not feel the asbestos was such a big deal and she was willing to go into the building. Mayor Taylor appreciated her willingness to volunteer but he would not jeopardize her health and wellbeing. Commissioner Merker had faith in Commissioner Fitzpatrick. He would support the event if the insurance, legal and safety factors were addressed for the safety of the volunteers. Debbie Lytle, 1700 SW 14th Avenue, contended it took passion and energy to get people involved in City activities. The City talks about partnership and community service, but it is disheartening to see the disinterest in the event. She urged the Commission to consider this as an opportunity to build public trust. Other people are entering the building to do inspections. Cleaning it up would help the City and reduce the economic impact on the proposal. Micheline Many, 1001 Coral Court, Treasure Island, had volunteered to help build the Kids' Kingdom and there were no injuries. She encouraged the City to support the cleanup efforts. It seemed to be a progressive movement. She felt protective clothing could be worn to deal with the asbestos. 16 Page 49 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 191"C41:14 - Michael Wilson, 1224 Isle Court, would be one of several crew leaders during the cleanup. He had experience with a major electric utility and was certified by the State of Florida in construction technology, programs, conservation, hazmat materials and the list goes on. The key is safety first. Several of the volunteers have safety training. He realized some legalities had to be resolved first. The first study in 2003 revealed there were several areas of asbestos present. In 2004 the City paid for asbestos mitigation. Small amounts remain. There was mold present. Mr. Wilson wanted to see the last report in 2012. Mayor Taylor suggested Mr. Wilson refer to the meeting minutes for the information he was seeking. Mayor Taylor summarized in 70 days the Gonzalez report would be presented. This is a private group authorized to do the study and submit their results. If it is viable Mayor Taylor would support keeping the Old High School. It is an unsafe building and asbestos is not the only concern because there are other hazards. The safety of the residents is a primary responsibility of the Commission. The residents have to be safe and the City has to remain safe from liabilities also. Commissioner McCray recalled he had voted for a four-month extension and wanted to wait until the final report is received. He would maintain his position. Vote The motion failed 2-3 (Mayor Taylor, Vice Mayor Casello and Commissioner McCray dissenting). D. Discussion of legalization Commissioner Merker. of medical marijuana per request of Commissioner Merker recalled medical marijuana failed to meet the 60% majority needed. He supported medical marijuana because his family has doctors and he has spoken with several specialists. He strongly believed in the medical usage and it could be revisited with a grass roots movement. He had been assured the matter would appear on the 2016 ballot. The future is taking care of the people. He strongly urged the Commission to pass a resolution to be sent to the State legislature to know how the people feel. He was discussing health and happiness and asked the City to publicly support helping and caring for people. Vice Mayor Casello introduced a Ms. Diaz, to speak to the Commission. Ms. Diaz resided at 1124 NW 8th Court and reported her entire family had epilepsy. Her daughter has been diagnosed with three kinds of Dravets Syndrome and it is suspected she and her son both have the primary form of the disease, CACNA1A which is a form of migraine. Her daughter's symptoms were mild, but together her case becomes severe and catastrophic. 17 Page 50 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Ms. Diaz gave statistics related to epilepsy indicating many young children suffer from forms of the disease. Every possible medication has been attempted to subside her seizures including diet changes, but she continues to have constant seizures and has become violent to her other family members. It is a very dangerous situation. Medical marijuana has been proven to stop or at least reduce the seizure. The damage may be stopped or even reversed. Many families have had to move out of the State of Florida to get the needed treatment. The Commission was urged to pass the ordinance to allow medical marijuana for those in need. Be the change and send a message to the State of Florida to make the change to help those afflicted to lead as normal a life as possible. Medical marijuana is the safest option for chronic conditions with seizures. Mayor Taylor inquired if Ms. Diaz had test treated her daughter with medical marijuana. She had access to a low dose of a pill version of Charlotte's Web. It was not strong enough. There was improved cognition. Commissioner Merker thanked Ms. Diaz for being so brave and stepping over the boundaries to save a child. Vice Mayor Casello appreciated Ms. Diaz sharing her story. He supported medical marijuana, but taking a vote at this juncture may create false hope for some. It has to be passed on the State level next November. Petitions and signatures are needed to send the message to the legislators. Commissioner Fitzpatrick suggested a letter be sent to the State legislators indicating the City was in favor of medical marijuana and have the lobbyist lobby for placing the issue on the ballot. Commissioner McCray inquired if there was another City in Florida that has passed the legislation. Ms. Diaz knew there were other cities trying to pass similar legislation. Commissioner Merker stressed the Commission was supposed to be leaders, rather than ask the individuals to get petitions. He argued strongly, expecting the citizens to do the work rather than the municipal leaders was cowardly. It will need to be a grass roots movement. Mayor Taylor inquired if the State had legalized medical marijuana and Attorney Cherof concurred. The City cannot legalize medical marijuana, but it can pass a resolution supporting such action. Attorney Cherof agreed. Mayor Taylor asked Chief of Police Katz for his opinion. Chief Katz remarked it was a legislative task and as elected representatives in government, it is the Commission's job to administer the policy and decide the direction for staff. It is important that the Police Department be apolitical. W Page 51 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Mayor Taylor would be in favor of medical marijuana prescribed by a doctor for medical purposes. Commissioner McCray was not in favor of sending a resolution to the State indicating the City is in favor of medical marijuana. We already have enough problems. Once it is passed on the State level, the cities will have to comply. Commissioner Merker contended the guidelines are always the problem. Jeff Kaydell, had an office on High Ridge Road, and questioned the definition of medical marijuana. The amendments coming forward refer to medical marijuana that is actually "pot". There is no special blend or lab processing. It should be a clear distinction. There is already approval at a State level for the use of "Charlotte's Web". There is a big difference between marijuana and a CBG oil extracted from the low THC plant or basically hemp. It is a huge difference. Mr. Kaydell asserted passing the proposed Resolution would be done without proper knowledge and understanding of medical marijuana. He emphasized it is "pot". The biggest problem is pharmacists cannot distribute medical marijuana because it remains a Schedule 1 federal narcotic. Doctors cannot prescribe a Schedule 1 narcotic. It would result in getting "pot shops". If the Commission wants to expand the CBG to more families or maybe raise THC count in increments would be great. In every state that has passed a medical marijuana bill, less than 10% of the people having gotten their medical marijuana cards have been for chronic illness. The remaining 90% is for undiagnosed, undocumented pain or headache or nausea. The area has already dealt with the pill mills. Unscrupulous doctors are waiting in the wings to abuse the use as it has happened in other states. It would need to be a highly regulated system monitored by the State with limited distribution through State facilities as it is with "Charlotte's Web". There will be no resistance from those with knowledge of drug and alcohol abuse. The "Charlotte's Web" bill is a compassion bill that is a very distinct difference. Medical marijuana is simply "pot" with no medical purpose other than hijacking your nervous system. Commissioner Merker totally agreed, except by letting the proper officials know there is support for an issue, it can be more clearly defined. The control is the real issue. The goodness to help people is essential. Mr. Kaydell reiterated the reference is to "pot". The medical need is for the CBG oil. Mr. Kaydell stressed if the Commission pushes for legalization for medical marijuana, an understanding of the risks involved is needed. Other states have found abuse of marijuana has gone up 5% when medical marijuana was passed. Commissioner Fitzpatrick wanted those patients in need to be allowed to get the necessary help. The City needs a route to influence the legislators with the details. 19 Page 52 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Questions remain unanswered at this point. He was not in favor of legalizing marijuana. If more research were done to outline a direction to take to influence a legislative route, he may be in favor of medical marijuana. Commissioner Merker wanted the issue brought back and perhaps a workshop session was needed. Jean Ruzyckii, SW loth Avenue, totally agreed with Ms. Kaydell. She remembered the issues from the previous election and knew that medical marijuana is simply "pot". It is merely a new entrepreneurship. People want to grow and sell it, but not necessarily medically. There has to be consideration for our youth and their safety. She asked the Commission please not send anything in her name, or the citizens of Boynton Beach. She did not agree with the Commission. She suggested a vote of the citizens of Boynton Beach should be taken before any assertion is made. Motion Commissioner Merker moved a resolution be drafted that we, the City of Boynton Beach, agree that medical marijuana should be on the ballot in the 2016 election. After discussion he amended his motion that on the 2016 ballot should be, that we, the City of Boynton Beach support this resolution that, you know, how we think in favor of medical marijuana, Mayor Taylor declared the motion died for lack of a second. Mayor Taylor suggested an alternative method of sending correspondence to the legislation from this Commission asking they take a look at medical marijuana and how it is designed to determine if the dosage can be increased for those medically in need. Mayor Taylor wanted it only prescribed by doctors. He recognized there could be unscrupulous doctors to control. Commissioner Merker suggested the matter be put on the list for discussion during Palm Beach Days in Tallahassee. Commissioner McCray commented, with all the current drug related problems in the area, he would not support any resolution. Vice Mayor Casello emphasized the Commission is only five individuals. If there are supporters for medical marijuana, they should circulate petitions. It would be decided at the State level. He suggested the City wait to see what happens. It may not be on this year's ballot. Commissioner Fitzpatrick supported pushing the issue for the people in need. He was not in favor of disguising it to become another recreational drug. There are many people in need and some assistance should be given. NX Page 53 of 166 MEETING MINUTES REGULAR CITY • BOYNTON BEACH, FL OCTOBER 20, 2015 Commissioner Merker alleged the prior remarks were cowardly. Elected officials are supposed to make the decisions and take a stand. Mayor Taylor declared there was a majority consensus to have Attorney Cherof draft a proposed resolution for consideration. 13. LEGAL A. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED ON 1016116) (It was previously noted this item would remain on the table to the November 3rd meeting.) B. PROPOSED ORDINANCE NO. 15-025 - SECOND READING - PUBLIC HEARING - Approve MLK South (LUAR 15-001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX) Attorney Cherof read Proposed Ordinance No. 15-025 by -title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15-025. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 15-026 - SECOND READING - PUBLIC HEARING - Approve rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). Applicant: City -initiated at the CRA request. Attorney Cherof read Proposed Ordinance No. 15-026 by title only, on second reading. Mayor Taylor opened the issue for public hearing. Tom Carney, on behalf of Hudson Holdings, pointed out that the public notice still contained the language that included the legal description of the Hudson Holding 21 Page 54 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 properties. He understood the language related to the Hudson Holding properties was removed. He asked that the language be included because it was publicly noticed and once noticed for rezoning as it is part of the Comprehensive Plan and CRA Plan to be up -zoned, it appears the intent is not to rezone the property at all. Mr. Carney felt it was inappropriate. There were ongoing discussions about rezoning the property. The inconsistency is confusing and not understood. Mr. Carney asked for reconsideration and include the property as advertised and follow the Comprehensive Plan and CRA Plan. Mayor Taylor disclosed he had received a call from Mr. Carney on the issue. Mr. Carney indicated he had tried to reach all the Commission members. Ms. LaVerriere interjected Mr. Carney was addressing the next item on the agenda. Vice Mayor Casello explained the parcel could be rezoned at any time. If a plan is submitted that fits the Comprehensive Plan, it can be rezoned. The urgency to rezone it at this time was unknown. Mr. Carney argued it is part of the same block and it is part of the Comprehensive Plan. There was a time element as they negotiated with developers and investors. Vice Mayor Casello responded requests can be fast tracked through the system. The City welcomes all development and if a plan is submitted, it can be evaluated. Commissioner McCray disclosed he had spoken with Mr. Carney also, but only to suggest the comments be made at the meeting. Commissioner McCray moved to approve Ordinance No. 15-026 on second reading. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Fitzpatrick dissenting). C. PROPOSED ORDINANCE NO. 15-027 - SECOND READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15-003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and Attorney Cherof noted for the record, "Mr. Carney's comments were regarding 15-027 not 15-026." Attorney Cherof read Proposed Ordinance No. 15-027 by title only on second reading. 22 Page 55 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Mayor Taylor opened the issue for public hearing and noted Mr. Carney had previously made comments. No one else came forward. Motion Commissioner McCray moved to approve Ordinance No. 15-027, Commissioner Merker seconded the motion. Commissioner Fitzpatrick clarified the proposed ordinance was as amended. Attorney Cherof advised it reflects an amended legal description. Mayor Taylor commented Ms. Brooks, Director of the CRA, has encouraged the Commission to up -zone properties for the benefit of the developers. It does save time. Mayor Taylor had no problem including the property, but the Commission voted to eliminate the piece of property. He had no problem with up -zoning the property. Attorney Cherof asked the maker and seconder of the motion to agree the motion is to adopt Ordinance 15-027 as amended. Commissioner McCray agreed. Commissioner Merker withdrew his second. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 15-028 - SECOND READING - PUBLIC HEARING - Approve rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). Applicant: City -initiated at the request of CRA Attorney Cherof offered Ordinance No. 15-028 by title only on second reading and public hearing. Mayor Taylor opened the issue for public hearing and no one came forward. Commissioner McCray moved to approve Ordinance No. 15-028. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roil. The vote was 5-0. D. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney client session of the City Commission to discuss pending litigation in the following case: 23 Page 56 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant - Case No. 50 2015 CA 002413 Al Motion Commissioner Fitzpatrick moved to approve the closed -door session. Commissioner McCray seconded the motion. Mayor Taylor declared there was consensus to hold the session at 5 p.m. on November 3rd, 2015. E. PROPOSED RESOLUTION NO. R15-136 -Approve Resolution creating a Community Redevelopment Agency Advisory Board establishing procedures for appointment and removal of members. Motion Vice Mayor Casello moved to approve Resolution No. R15-136. Commissioner McCray seconded the motion Commissioner Merker questioned why the language indicated no less than four members would be residents of the City. He questioned the language that members could be removed by the Commission with or without statement of cause, which he thought was absurd. Lastly, he questioned the ethics training cost that would be assessed to the CRA budget. Commissioner Merker felt saying no to someone without cause loses the initiative and desire of volunteerism. Saying no is part of a dictatorial system instead of a transparent system that encourages political careers and service. The idea of an independent CRA board should acknowledge there are individuals with the intelligence to serve. They have time and energy to assist with City government. It is a slap in the face to the citizens. There was clarification needed if the three non-resident members had to be business owners or just live in another municipality. Commissioner Fitzpatrick was concerned with all seven members not having to be residents of Boynton Beach. He could not support the Resolution for that reason. Attorney Cherof clarified in some aspects it tracks the Statute regarding who CRA members could be. As long as you own a business or are an officer or director of a business that is within the jurisdiction of the City and the CRA which is co -terminus under the Statute, residency is not required. Talented people with businesses could 24 Page 57 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 find a place on -the CRA Board and the proposed language passes the same parameters to the advisory board. Commissioner Fitzpatrick was satisfied with business owners who are making a living in Boynton Beach being on a CRA advisory board. The Resolution does not limit membership to that criteria. It could be any Palm Beach County resident who has no real interest in the City of Boynton Beach. Mayor Taylor concurred with Commissioner Fitzpatrick's remarks. Attorney Cherof agreed to change the criteria to owning or operating a business in Boynton Beach. Commissioner Fitzpatrick was satisfied with residents of the City, but a business owner should be in the CRA district. Mayor Taylor felt as long as the member resides in the City or has a business in the City would be sufficient. Harry Woodworth, 685 NE 15th Place, speaking as President of INCA, felt the qualifications should be clearly stated and not being a resident of the City was not appropriate. The language should be more specific. The roles and responsibilities should be outlined with specific deliverables. For the advisory board to have credibility it has to have specific parameters. Buck Buchanan, 807 Ocean Inlet Drive, read a letter into the record that is attached to the minutes. He made it clear he was representing himself and emphasized he had resigned from the Board of Directors of the Chamber of Commerce. Vice Mayor Casello remarked it was repugnant to criticize all advisory boards and those who have served on those boards. He inquired if the intent was about power or giving good advice to the elected officials. It seemed like power and innuendo about a developer with no name. If assertions were going to be offered, the facts should have been totally revealed. Woodrow Hay, 427 NW 5th Avenue, agreed with Mr. Buchanan's remarks. It made no sense to have three votes from District 11 and two of those votes being eliminated. Mr. Hay stated for the record, ". . part of the problem with having Commissioners and CRA, if you read the statute very carefully, and I'm sure Jim will interpret this, the Florida Statute 163.357(b) says, ' the members of the governing body shall be the members of the Agency, but such members constitute the head of a legal entity, separate, distinct and independent from the governing body of the County or municipality. If the governing body declared themselves to be an Agency which already exists, the new agency is subject to all of the responsibilities and liabilities and polls or incurs by the existing agency.' The CRA Board is an appointed board and you just happened to appoint yourself. Because it states very clearly that you are separate, you're distinct, you're independent." 25 Page 58 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mr. Hay wanted it understood the Commission members had no higher responsibility than the citizens on the board. All members were equal with one vote. The reference to being an elected official on the CRA Board denotes a conflict with the Statute. It is independent of the City Commission. For the record, "Don't keep calling yourself elected officials as you being represented on the CRA Board. According to the Statute it is not the case you are held to any higher level to the citizens of Boynton Beach than any other member just because you are an elected official. The two citizens were held to the same responsibility as any other elected officials that happened to be appointed and serve on the Board." Mr. Hay asked the Commission to read the Statute to get a better understanding of who you represent. Preferably, as the new board is appointed, the distinction is clearly outlined to the new members. Mark Karageorge, 240A Main Boulevard, had a problem with the proposed Resolution, Section 3 that was so vague. There should be criteria for selecting the members. He wished the Commission would vet the members. Mr. Karageorge did not agree with removal with or without cause. There are many opportunities for the Commission to learn From others. Ideas can be realities that generate jobs and improve quality of life for citizens. Robert Pollock, lived in District 11, and understood the new board should be diverse. He wanted to clearly know what is expected of the new board and the criteria for membership. Mayor Taylor advised the CRA would be putting together a packet of information of what would be required from the board members and training sessions. Mayor Taylor did not want to list specific occupations or experience because it could eliminate other qualified candidates. He suggested the criteria be open to capture all possible candidates. Mr. Pollock indicated there could be people with other experiences that may benefit the board. Mr. Pollock thought it was a conflict of interest if the Commission members on the board were given greater weight than the citizen members. Mayor Taylor remarked the advisory board would discuss among themselves what the issues may be and the direction of the board. Mr. Pollock acknowledged there could be disagreements. Commissioner Merker thought the proposal was a joke. A citizen board could have been established and now the terminology was being revamped. It could have been seven residents volunteering. What the board said does not matter now because the Commission is the vote. A dictatorship is being created. The final decision is made by only five individuals. Mayor Taylor clarified Commissioner Merker was speaking for himself and not for the other Commissioners If he did not want to listen to the committee it was his business. Mayor Taylor intended to consider any and all input. 26 Page 59 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ' OCTOBER 20, 2015 Vice Mayor Casello indicated it was discouraging to hear Commissioners speak about advisory boards and their input. The advisory boards in the City of Boynton Beach are composed of volunteers who put time and effort in to make the right decisions. The Commission and staff listened to every board. For a Commissioner to use the words dictatorship and fraud is not appropriate. Commissioner McCray wanted to make sure Attorney Cherof had clear direction. Mayor Taylor summarized it should be either a resident of Boynton Beach or own a business in Boynton Beach. Attorney Cherof advised he would track the language of the Statute that allows an individual who owns or operates a business within the City to be eligible for appointment. Motion Vice Mayor Casello moved to approve Resolution No. R15-136. Commissioner McCray seconded the motion. Vote The motion passed 4-1 (Commissioner Merker dissenting). F. PROPOSED RESOLUTION NO. R15-137 - Authorize the City Attorney or his designee to accept service of process on behalf of the City in the absence of the Mayor, Vice -Mayor or any member of the City Commission. Mayor Taylor urged the Commission to pass the Resolution because the process servers were unhappy about having to serve Mayor Taylor at his home Motion Vice Mayor Casello moved to approve Resolution No. R15-137. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:46 p.m. M Page 60 of 166 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: Janet M. Prainito, MMC City Clerk Jith A. Pyle, CMC eputy City Clerk C41 28 161"fel".10 101 a was] a 0-16YA 0, 1 Lein -ol W.'WE Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 61 of 166 6.C. CONSENT AGENDA 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Approve the purchase of replacement submersible sewage pumps from Custom Pump & Controls, Inc. of Weston, FL in the amount of $28,212.00 for lift stations #303, #520, and #806. EXPLANATION OF REQUEST: The City of Boynton Beach (City) oversees and maintains over 160 wastewater lift stations. Each station has two or more pumps which help to convey wastewater collected from homes and businesses with the City's service area to the South Central Regional Wastewater Treatment Plant (SCRWWTP) for processing and treatment. A large number of these pumps have been in use for a long time and are at, or near the end of, their life cycle. As a result, there has been a substantial increase in pump repairs and replacement in recent fiscal years. To facilitate the purchase of replacement pumps, the Utilities Department issued a Request for Letters of Interest (RLI #026-2821-15/KTR) to pump manufacturers interested in being listed in the Utilities Engineering Design Handbook and Construction Standards (Manual) as an approved submersible sewage pump provider. The Utility department received and opened seven (7) responses on January 13, 2015. The pump manufacturers were required to meet certain minimum specifications and only those manufacturers approved by Utilities were deemed acceptable for use in new pumping stations or the maintenance and repair of existing pumping stations. On August 10, 2015, four (4) submittals were accepted by the City's Utilities Department for inclusion in the Manual as follows: Vendor Barney's Pumps, Inc. Hydra Service, Inc. Custom Pump & Controls Southeastern Pump Pump Manufacturer HOMA Sulzer/ABS KSB Barnes/Crane Quotes for replacement pumps for lift stations #303, #520, and #806 were requested of these vendors of which Custom Pump and Controls were the lowest cost, most responsive bidder. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By pre -approving submersible sewage pump manufacturers, Utilities is able to provide better service and value to its customers by minimizing storage of pump spares and other associated hardware, and provide pump maintenance training. FISCAL IMPACT: Budgeted Funds are budgeted in account: 403-5000-535-65-04, SWR075. ALTERNATIVES: The City could issue a bid for replacement pumps. However, the City would risk maintaining a wide variety of pumps, increased inventory of pump spares, potentially more costly repairs and longer turnaround times. Page 62 of 166 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: REVIEWERS: Department Type Description D Addendum KSB Over $1 OK Form D Attachment KSB PO Requisition D Attachment Replacement Pump Quotes D Tab Sheets Tab Sheet D Letter Proposer Letters REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 10/20/2015 - 3:05 PPA Utilities Groff, Colin Approved 10/20/2015 - 3:06 PPA Assistant City Manager Lejeune, Carisse Approved 10/20/2015 - 5:05 PPA Finance Howard, Tim Approved 10/27/2015 - 1:40 PPA Legal Cherof, Jim Approved 10/28/2015 - 11:04 AM City Manager LaVerriere, Lori Approved 10/30/2015 - 11:47 AM Page 63 of 166 Date: 6 -Oct -15 Requesting Department: UtilitiesNVastewater Pul Contact Person: Jim Hart Explanation for Purchase: These pumps are for the pump replacement program to update the pumps at Lift Stations #303, 520 & 806.. Recommended Vendor Custom Pump & Controls Inc. Dollar Amount of Purchase $28,212.00 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-535-65-04 SWR075 Department Head ✓ Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 tQ. W40" Page 64 of 166 H.T.E. ENTRY DATE: 10/6/2015 H.T.E. REQUISITION # 64932 Clerk: H.Saael Procurement Asst: Director: City Manage_- (non budgeted ca ital and/or $5000+): REASON FOR PURCHASE: Replacement pumps for Lift Stations #303, 520 and 806. VENDOR INFORMATION: DIVISION: Description & Part Number Fund OTHER INFORMATION: Basic Name: Custom Pump & Controls, Inc. Admin. ( ) Date: 10/6/2015 ASAP (x ) Address: 305 Indian Trace #222 Construction ( ) Date Needed: 10/20/2015 Confirm. ( ) Weston, FL 33326 Cust. Rel. ( ) ASAP/Conf. ( ) 2 Distribution () BACKUP DOCS. DELIVERY: 10118.00 SUBMITTED: 403 5000 Phone (contact): Thomas Marinace Water Qual. ( ) QuotesNerbal () E. Admin. 40 (x ) (over $500) 954-299-5156 Pumping (x) Quotes/Written (x) E. WT? 41 ( ) (over $2000 Vendor Number: 15338 PWTreat. ( ) Bid Docs. ( ) W. WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. O P/U 99 ( ) INITIATOR: Jim Hart Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPRQV_EDz _ - �� Strmwtr. ( ) SNAPs/GSA/Piggy-back Project Number: SWR 075 Quan. Unit Price Description & Part Number Fund Dept Basic Elem Ob' Amount 2 4502 ea KSB submersible pumps for LS 303 — KRT E 80-250/74XG-S IOHp 9004.00 2 4545.00 ea KSB submersible pumps for LS #520— KRT F 80-251/114XG-S 15Hp 9090.00 2 5059.00 ea KSB submersible pumps for LS #806 — KRT E 80-251/164XG-S 20H 10118.00 TOTAL 403 5000 535 65 04 28,212.00 Page 65 of 166 Utilities Department 124E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX.• (561742-6298 Q#10TATIONS ITEMS REQUESTED: Replacement pumps for (3) lift station,- VENDOR41: DATE: CONTACT PERSON PHONE NUMBER: QUOTE: 800-396-4182 $45,012.00 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 66 of 166 Custom Pump Ph: (954)299-5156 & Controls, Inc. Jacksonville Office:(904) 858-9605 Jacksonville Fax: (904) 858-9607 305 Indian Trace #222 Weston, Fl. 33326 e-mail: t.marinace@custompump.com II Jameb"Aart City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Ff. 33435 Dear ifir. Hart, We thank you for your interest in our product and are pleased to quote you on the following KSB sewage pumps and accessories: Pump Station no. 301: KSB Submersible sewage pump, KRT F80-200/34XG-S, 5 HP, 1750 rpm, 230 volt, 3 phase, 15.5 FLA. Equipped with 50ft cords, Flygt claw and SS. Lifting bail. $3,589 each Pump Station no. 102: KSB Submersible sewage pump, KRT E80-251/66XG-S, 7.5 HP, 1155 rpm, 230 volt, 3 phase, 22,8 FLA. Equipped with 50ft cords, Flygt claw and SS. Lifting bail. $4,967 each Pump Station no. 303: KSB Submersible sewage pump, KRT F80-250/74XG-S, 10 HP, 1750 rpm, 230 volt, 3 phase, ti 0I FLA. Equipped with 50ft cords, adapter flange for Barnes (owner furnished) claw and SS. Lifting bail. �4,502 each Pump Station no, 520: KS3 Submersible sewage pump, KRT E80-251/114XG-S, 15 HP, 1765 rpm, 230 volt, 3 phase, 44 FLA. Equipped with 50ft cords, adapter flange for EMU (owner furnished) claw and SS. Lifting bail. S4,S46 each Pump Station no. 806: KSB Submersible sewage pump, KRT E80-251/164XG-S, 20 HP, 1765 rpm, 230 volt, 3 phase, f8 FLA. Equipped with 50ft cords, adapter flange for EMU (owner furnished) claw and SS. Lifting bail. $5,059 each Ar Sales tax is not included. Price is firm for ninety (90) days- Delivery is estimated at 4 to 6 weeks from date of order, subject to prior sale. Shipping terms are FOB shipping point with full freight allowed to your facility. Payment terms are net 30 days gm= = SO Thomas J. Marinace South Florida Sales Page 67 of 166 22r, • BARNEY'S PUMPS INC. 12080 NW 40 Street Coral Springs, FL 33065-7602 Broward (954) 346-0669 Dade (305) 945-0279 Fax (954) 346-0993 DATE: 9-4-15 TO: Boynton Beach FOR SHIPMENT TO: Boynton Beach 124 E. Woolbright Rd. Jim Hart Tel: 561-742-6422 Tel: Fax: Fax: PROJECT: Boynton Beach LS 301, 102, 303, 520, 806 Delive Via From F.O.B. Terms Best Time ime Bestway Barney's Pumps Barney's Pumps net 30 ITEM OTY DESCRIPTION PRICE A 2 LS 102 - AMS434-210/10AT/C $9,200 Non -clog submersible pump with 4" discharge, 3" solids handling, 1750 RPM, 210 Impeller code, 10.4 HP, seal and thermal sensors, 40' cable, lifting bail, 20' pump lifting cable B 2 LS 301 - AMX434-184/4.3T/C $4,700 Non -clog submersible pump with 4" discharge, 3" solids handling, 1750 RPM, 184 Impeller code, 4.3 HP, seal and thermal sensors, 40' cable, lifting bail, 20' pump lifting cable C 2 LS 303 - AMS434-210/10.4T/C $9,200 Non -clog submersible pump with 4" discharge, 3" solids handling, 1750 RPM, 210 Impeller code, 10.4 HP, seal and thermal sensors, 40' cable, lifting bail, 20' pump lifting cable D 2 LS 0520 - AMS434-248/15P/C $12,700 Non -clog submersible pump with 4" discharge, 3" solids handling, 1750 RPM, 248 Impeller code, 15 HP, seal and thermal sensors, 40' cable, lifting bail, 20' pump lifting cable E 2 LS 806 - AMX644-270/25P/C I $14,200 Non -clog submersible pump with 6" discharge, 4" solids handling, 1750 RPM, 270 Impeller code, 25 HP, seal and thermal sensors, 40' cable, lifting bail, 20' pump lifting cable Total A-E $50,000 Delivery is F.O.B. Barney's Pumpswith full freight allowances to jobsite. Start-up and training services are NOT included. Taxes, anchor bolts, piping, field wiring, etc. are not included. Flange (claw) is not included in the price. Ifs F"o dra Win gs are L�ired for gppro valplease -e 17em from our office. . L�nest � t The following items are attached: Bulletin Performance curve Elevation drawing Prices quoted are firm for 30 days (unless otherwise noted), then subject to adjustment to agree with prices at time of shipment and subject to any tax required by law. This quotation is subject to Barney's Pumps standard terms of sale and warranty which is attached. We appreciate the opportunity to serve you and trust that we are favored with your order. REMMM=N b SOUTHEASTERN PUMP Tampa + Pompano Beach + Jacksonville OWN W= N I :W W»�»<■ <■!E Attlention: Jim Hart Subject: Replacement Lift Station Pumps 3z= Replacement Pump for Lift Station #301 One (1) Barnes #4SHDG75N6-220mm, :»+ 1150 RPM, 230 Volt, 3 -Phase, 4" Submersible Pump rated to pass 3" spherical solids. Pump to be shipped with #1 25498XF 50 ft. Power ?«4 +<s«««< ***$24r« Starter*** iftENAWMIMMM 90r, MOM. Replacement Pump for Lift Station #102 Ore (1) Barnes #4SHDG100N4-190mm, 10 HP, 1750 f•© 230 Volt, 3 -Phase, 4" Submersible Pump rated to pass 3" spherical solids. Pump to be shipped with 1°»»498X 50 ft. Power Cord Assembly. ***OK for Size 2 Starter' 1.611IM111 Replacement Pump for Lift Station #303 One (1) Barnes #4SHDG10ON4-19 m, 10 HP, 1750 +© 230 Volt, 3 -Phase, 4" Submersible Pump rated to pass 3" spherical solids. Pump to be shipped i© #125498XF 50ft. Power Cord Assembly. ***OK 4:»z- 2 Starter*** TRICE: Standard Pump - $ 5,557.00 Plus Tax, Delivered I 1 4 % t 'A - I'-,- F-y5work SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 + 1368 SW 12th Avenue, Pompano Beach, FL 33069 Toll Free (8 00) 396-4182 + Phone (954) 781-8400 + Fax (954) 781-8434 + www.sepump.com Page 69 of 188 EA STEN PUM A R Tampa + Pompano Beach + Jacksonville Replacement P:»«<o:: Station #520 One (1) Barnes #4SHDG20084-225mm, \0- f 1750 RPM, 230 Volt, 3 -Phase, 4" Submersib Pump ted to pa3" spherical solids. Pump to be shipped «© #125498XF 50 ft. Power Cord Assembly. ***Starter Must be Changed to a Size °»&-— I rass Replacement Pump +:L Station #806 One (1) Barnes #4SHD125094-245mm, 25 HP, 1750 P , 230 ?,t <- ase, 4 »u mers e Pump rated to pass 3" spherical solids. Pump to be shipped with #130908XF 50 ft. Power Cord Assembly. ***OK for Size 3 Starter*** 1�];; rrrFW: I r, I] ;Igff?;<« 11111 a a -1 �I N k 111 1111 0 1, . 0 Ffl*T.XTII Guide Rail Claws are available for an additional cost. All the above pumps have a 5 year pro -rated warranty, Price is valid for 30 days from this date F.O.B.: Factory, frei.«_ ««e« Payment Terms Subject to Account Status 9= SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 + 1368 SW 12 th Avenue, Pompano Beach, FL 33069 Toll Free (800) 396-4182 + Phone (954) 781-8400 + Fax (954) 781-8434 + www.sepunI Page 70 of 188 A HS, Yee— 4"itc. SPECIALIST IN FLUID MOVEMENT 250 Springview commerce Drive Debary Florida 32713 Sales Representative Phone: 407 330 3456 Contact Information Phone: 800 323 1731 054-240-9359 Fax: 407 330 3404 Fax: 561-852-1948 TO: City of Boynton Beach FROM: Brian Shields S4 EMAIL: b-nAnft- hydraservice. net AT TN: James Hart DATE: August 18, 2015 PHONE QUOTE: 150818c -IBS FAX: REF: LS 303 Pumps -12 'M' EMAIL: hartijM bfl.us ENG FIRM: N/A 2 ABS Model XFPIOOC.-CBI- PE90/6 submersib.'e pump, with 4"discharge 12 IT, 230 volt, 60 Hertz, 3 phase, with 49' power cords. Duty Point 230 GPM at 50' TDH. 2 Dual Rail 4" Bracket with Profile Gasket and Hardware Kit, Barnes-Compatable 2 Lifting bales included with pump, 316SS material. 2 Sealminder Relay, 115V Note. No other components oro tions (other than the scope of supply listed above) are included. TOTAL PRICE, F.O.B. JOB, FREIGHT ALLOWED PLUS ANY FEDERAL, STATE OR LOCAL TAXES WHICH MAY APPLY. TERMS ARE NET 30 DAYS. PRICES ARE FIRM 30 DAYS HYDRA SERVICE STANDARD TERMS AND CONDITIONS APPLY. PAYMENT TERMS ARE NET 30 DAYS. ESTMTDDELIVER' 10-12 WEEKS AFTER RECEIPT IN OUR OFFICE OF COMPLETE APPROVED SUBMITTAL DATA AND SIGNED PROPOSAL. THESE TERMS ARE INDEPENDENT OF, AND ARE NOT CONTINGENT UPON THE TIME OR MANNER IN WHICH PURCHASER MAY RECEIVE PAYMENT FROM OTHERS. NO DAYS OF FACTORY START-UP IS INCLUDED AND REQUIRED FOR WARRANTY. PAYMENT FOR MATERIALS WILL BE REQUIRED BEFORE THE AUTHORIZED START-UP IS CONDUCTED. ACCEPTED DATE Review Date: August 18 2015 Brian Shields, P.E. Page 71 of 166 Nst SPECIALIST IN FLUID MOVEMENT 250 Springview Commerce Drive Debary Florida 32713 Sales Representative Phone: 407 330 3456 Contact Information Phone: 800 323 1731 954-240-9359 Fax: 407 330 3404 Fax: 561-852-1948 TO: City of Boynton Beach FROM: Brian Shields S4 EMAIL: brianfl hyd[aservice. net ATTN: James Flart DATE: August 18, 2015 PHONE QUOTE: 150818d -IBS FAX: REF: LS 4212 Pj(("j)S_j7 HP EM.�IL: bar jt'g_pbt!%us ENG FIRM: N/A 2 ABS Model XFPIOOG-CBI- PE130/4 submersible pump, with 4"discharge 12 HP, 230 volt, LO Hertz, 3 phase, with 49' power cords. Duty Point 600 GPM at 65'TDT-1. 2 Dual Rai7 4" Bracket with Profile Gasket and Hardware Kit, EMU T-Rail-Compatable 2 Lifting bales included with pump, 316SS material. 2 Sealminder Relay, 115V Note. No other components or options (other than the scope of supply listed above) are included. TOTAL PRICE, F.O.B. JOB, FREIGHT ALLOWED S23.351.60 PLUS ANY FEDERAL, STATE OR LOCAL TAXES WHICH MAY APPLY. TERMS ARE NET 30 DAYS. PRICES ARE FIRM 30 DAYS HYDRA SERVICE STANDARD TERMS AND CONDITIONS APPLY. PAYMENT TERMS ARE NET 30 DAYS. ESTMTD DELIVER' 10-12 WEEKS AFTER RECEIPT IN OUR OFFICE OF COMPLETE APPLOVED SUBMITTAL DATA AND SIGNED PROPOSAL. THESE TERMS ARE INDEPENDENT OF, AND ARE NOT CONTINGENT UPON THE TIME OR MANNER IN VUHT CH PURCHASER MAY RECEIVE PAYMENT FROM OTHERS. NO DAYS OF FACTORY START-UP IS INCLUDED AND REQUIRED FOR WARRANTY. PAYMENT FOR MATERIALS WILL BE REQUIRED BEFORE THE AUTHORIZED START-UP IS CONDUCTED. ACCEPTED DATE Review Date: August 18 2015 Brian Shields, P.E. Page 72 of 166 _5 Y. - SPECIALIST IN FLUID MOVEMENT 250 Springview Commerce Drive Debary Florida 32713 Sales Representative Phone: 407 330 3456 Contact Information Phone: 800 323 1731 954-240-9359 Fax, 407 330 3404 Fax: 561-852-1948 TO: City of Boynton Beach FROM: Brian Shields S4 EMAIL: bdan(cD_hyd raservire. net ATTN: James Hart DATE: August 18, 2015 PHONE QUOTE: 150818e -IBS FAX: REF: LS 806 Pumps -20 HP EMAIL: hartlAbbfl.us ENG FIRM: N/A 2 ABS Model XFP100G-CBI- PE150/4 submersible pump, with 4"discharge 20 HP, 230 volt, 60 Hertz, 3 phase, with 49' power cords. Duty Point 400 GPM at 85'TDH. 2 Dual Rail 4" Bracket with Profile Gasket and Hardware Kit, EMU T-Rail-Compatable 2 Lifting bales included with pump, 316SS material. 2 Sealminder Relav, 115V .L In Note: No other components or options (other than the scope of supply listed above) are included. TOTAL PRICE, F.O.B. JOB, FREIGHT ALLOWED S23,418.86 PLUS ANY FEDERAL, STATE OR LOCAL TAXES WHICH MAY APPLY. TERMS ARE NET 30 DAYS. PRICES ARE FIRM 30 DAYS HYDRA SERVICE STANDARD TERMS AND CONDITIONS APPLY. PAYMENT TERMS ARE NET 30 DAYS. ESTMTD DELIVER' 10-12 WEEKS AFTER RECEIPT IN OUR OFFICE OF COMPLETE %-tdb APPROVED SUBMITTAL DATA AND SIGNED PROPOSAL. 6 THESE TERMS ARE INDEPENDENT OF, AND ARE NOT CONTINGENT UPON THE TIME OR MAIRL4b IN WHICH PURCHASER MAY RECEIVE PAYMENT FROM OTHERS. NO DAYS OF FACTORY START-UP IS INCLUDED AND REQUIRED FOR WARRANTY. PAYMENT FOR MATERIALS WILL BE REQUIRED BEFORE THE AUTHORIZED START-UP IS CONDUCTED. Review Date: August 18 2015 ACCEPTED DATE t0'%AA_-- % Brian Shields- P.E. 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Mn 0 D 1: z IL z w Z 0 0 IL 04 z z w z LD 0 C) 0 U) uj w w < L) O� it w tL0 0 �e z w 2 L) z w 0 I LU z �e r Z — < 0 < w C) W z ce) w < M Z w UJ D 0c) W U) z D Z j2� w N F- ::) Z w cn F_ < < < w -Z < z z u) z Z cn N a L—L 0 w 0 Lu Z LU 0 w z W 0 CO 0 D 0 LL, LL w w w w w 1: 5; z D D 0 U) W_ WW < :E < W LL zoo 0 0 >_ Q w 0 ui L) 0 _ 00 Q Z w ❑ < F_ < z << Q® < 0 w z OL 51 �W: :MD 0=, Page 75 of 166 I Page 76 of 166 Q a) N caw ._ ® W r r E LL m w = V m 3 N a' c N d M- r d c ti r (D 7 C N a) � }m x CO ® �' =_ � as CE w E i' ca Go mr r O �` cmJ ® 2 _U Z I- 0 o _ a w CD w y J Z J w U z w w a7 (n D cn U_ aC� o 0LL w U w ®w F' fA C7 V- hw w ® I— 1— I— > o 0 !A LL U} < (A Q U) z Q o Page 76 of 166 The CIO of Boynton Beads Barney's Pumps, Inc. X,iriias Ger#-4L BWJ—Tch W 2965 Barney's Piunps Way Lakeland, FL 338124209 C* of BeyntonBeach UMIes 124 East Wooffitighl Road Boyfiffin Beach, FL 33436 I1 Z3 M I MOM IM&A, J FA 8 MAN I Dear Mr. GerardL All evaluations for the Request for Letter of Interest (RLI) noted above, are now complete. It w2s 1,--;tA-Mft31 &-at tie Mjff-a.TuHps.Tj.-semtii by 3?mVs-,cmps, Inc. vgl-k-�clnl ed i:T�t!Wes Engineering Design Handbook and Construction Standards as a pr e -approved product The Homa pump categories of 'up to 40 HP' and 'greater than 40 HP', meet the City's expectations. The following four (4) submittals listed in alphabetic order, were accepted by the City - 1. Barney's Pumps, Inc. / HONM 2. Hydra Service, Inc. Custom Pumps & Controls 4. Southeastern Pump / Barnes/Crane �- �- 1 r,=. a m MMM Page 77 of 166 I ., fie City of Boynton Beach M.-MI019M F, , , ;j , M P. 0. Box 24169 Tampa, FL 33623 Cw of Boyidon Bewh Uffluin 124 E&O WoWbdgld Rmd BoynOn Bewh, FL 33436 Dear Mr. Walker, All evaluations for the Request fbr Letter of Interest (RLI) noted above, are now complete. It was determined that the Flowserve pumps presented by Carter & VerPlanck will not be included in the Utilities Engineering-Des-ign Handbook and Construction Standards as a yi-. - . w4► pump categories of 'up to 40 HP' and 'greater 1:1 '1 HP', did not meet the City's expectations. The following four (4) submittals- listed in alphabetic order, were accepted by the City: I . Barney's Pumps, Inc. / HOMA 2. Hydra Service, Inc. / SulzerIABS 3. KSB / Custom Pumps & Controls 4. Southeastern Pump / Barnes/Craw- MMILITIM F-IFIM=-M a MOM Page 78 of 166 1" City of Boynton Beach MM111NOW Scott SftXMg 1940 River Oakes Road Jacksonville, FL 32207 Ci& ofBoymWn Beuch UfflUm 124 FAst Wouffidght Road BoyWon Beach, FL 33436 Dear h4r. Stron& All evaluations for the Request for Letter of Interest (RLI) noted above, am now complete. Enginewing Design Handbook and Construction Standards as a prc-app"II ved product The KSB pump categories of 'up to 40 HPand 'greater than 40 BY, meet the City's expectations. The following four (4) submittals listed in alphabetic order, were accepted by the City: 1. Barney's Pumps, Inc. / HOMA 2. Hydra Service, Inc. / Sul=/ABS 3. KSB / Custom Pumps & Controls 4. Southeastern Pump / Barnes/Crane We appreciate your interest in the Request for Letter of Interest 7.41MM Page 79 of 166 The City of Boynton Beach a& of Boynton Beach UMUla .124 East Woolbright Road Boynton Bes4 FL 33436 Y 10 a ZITY7711V WAT-1—M77" Fred Nugent, President 411 Wylly Avenue Sanford, FL 32773 Dear Mr. Augent, All evaluations for the Request for Letter of Interest OUJ) noted above, are now complete. It was deteimmed that ffic Utilities En&eering Design Handbook and Construction Standards as a pre -approved product. ne Ebara pump categories of 'up to 40 HP' and 'greater fim 40 BPdid not meet the City's expectations. The ffiflowing four (4) submittals listed in alphabetic order, were accepted by the City: I . Barney's Pumps, Inc. / HOMA 2. Hydra Service, Inc. / Sulzer/ABS Custom Pumps & Controls 4. Southeastern Pump / Barnes/Crane 191 IWAM MINYA 29 CC NO 7-tiTfil Page 80 of 166 2 p 4112 City of Boynton Beach W1,11AMMI 1050 NW 11661 Way, # 1 INEami, FL 33178 CiV vfBo"tm Bewh MUMs 124 East Wooffiright Rmd Boy Mon Bweh, FL 33436 (56.1) 7 O FAX- (561) 742-6298 Dear Mr. Rodrigues, All evaluations for the Request for Letter of Interest (RLI) noted above, -are now complete. &N 1 r)z.t. 4 w n hil-A ANA. - OM m -PUVA- �—, t C. ; �-. M t z f. k 3 U N I w1 i -L -L &--- M d & -1. v 0 - 1':` m Ll I h W. M Engineering Design Handbook and Construction Standards as a pre -approved product The Flowserve pump categories of 'up to 40 EF and 'greater than 40 HPdid not meet the City's expectations. The following four (4) submittals listed in alphabetic order, were accepted by the City: I . Barney's Pumps, Inc. / HONU 2. Hydra Service, Inc. I Su1wr/ABS 3. Si / Custom Pumps & Controls 4. Southeastern Pump / Barnes/Crane We appreciate your interest in the Request for Letter of Interest [41 WAIS3 w .114YA z I CON I OMT -0i fl Page 81 of 166 a e City of Bgj!ton Beach Hydra Service, Inc. 250 Springview Commerce Drive Webary, FL 32713 Dear Mr. Veloz, 4 .11 evaluW. oT&for1hc-_'Z.Ay ue;-T for Letter o f PL was determined that the Sulzer & ABS pumps presented by Hydra, Service, Inc. will be included in th; Utilities Engineering Design Handbook and Construction Standards as a pre -approved product. The Sulzer and ABS pump categories of 'up to 40 HPand 'greater than 40 BF, meet the City's expectations. The following fbur (4) submittals listed in alphabetic order, were accepted by the City: I . Barney's Pumps, Inc. / HOMA 2. Hydra Service, Inc. / Sul=r/ABS 3. KSB / Custom Pumps & Controls 4. Southeastern Pump / Barnes/Crane We appreciate your interest in the Request for Letter of Interest. CITY OF BOYNTON BEACH Sincer ely, Colin Groff, Utilities Director cc: File Page 82 of 166 TA e City of Boynton Beach August 10, 2015 ,'�M- CUy of BoyjWjv BewA U&MId 124 Ewt Woolbright Rmd Boymbn Bewh, FL 33436 (561) 742-6400 FAX (561) 742-6299 All evaluations for the Request for Letter of Interest (RLI) noted above, are now complete. rwlik-7-9-11 =1-5 � I � 1 '0 MO :k I r. T Ml I 7INEAR M The following four (4) submittals listed in alphabetic order, were accepted by the City: I . Barney's Pumps, Inc. / HOMA 2. Hydra Service� Inc. / Sulzer/ABS 3. KSB / Custom Pumps & Controls 4. Southeastern Pump / Barnes/Cranw- I -'-# --- !MT-W-M�Mr-T Page 83 of 166 6.D. CONSENT AGENDA 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Accept fourth quarter (July 1 - September 30) report on operations of the Schoolhouse Children's Museum and Learning Center for FY 14/15 EXPLANATION OF REQUEST: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall Submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly schedule Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do no accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Library Assistant City Manager Finance Description 4th Quarter SCM Report to Commission Reviewer Action Date Clark, Craig Approved 10/22/2015 - 5:20 PM Lejeune, Carisse Approved 10/23/2015 - 3:47 AM Howard, Tim Approved 10/23/2015 - 3:56 AM Page 84 of 166 City Manager LaVerrier , Lori Approved 1012712015 - 1:58 PPA Page 85 of 166 er c h o o l h o ii n4 se de s h 0. d (, g�a� n I'r`a, Y� s Y f 1` GFS R N �� �...V pp i' [.) ��+ i �! �! z � . d V; ('ti w. �. 7 e t� � ( ,.f k as �". �� .., 4 E Quarterly Report FY '14/'15 4t" Quarter General Operations The 4t" quarter of the fiscal year was mixed as compared to the of 4t" quarter '13/'14. Overall visitation was up 44.6%, Membership Sales increased as did Class/Program participation. Party and facilities rental as well as group sales were down slightly over the same period. Revenue Excluding the City's support, notable areas of improvement include an increase in Admissions Revenue of 11.8% and an increase in Membership Sales of 11.8% and an increase in Class/Program Revenue of 58.5%. Gross revenue for the fourth quarter of '14/'15 decreased 3.8% over the same period last year. The disproportionate decrease in revenue, compared to the line item increases is a result of a specific local government grant provided to the Museum in July of 2014. Total gross revenue for Fiscal Year '14/'15 — Q4 was $123,237 vs. $128,179 in FY'13/'14 — Q4. Expenses Overall Expenses for the fourth quarter of '14/'15 increased less than .25% compared to the same period last year. Expenses for Fiscal Year '14/'15 — Q4 were $111,093 vs. $110,339 in FY '13/'14 — Q4. Grants The Cultural Council of Palm Beach County grant funding expected in Q4 was not realized prior to the close of the fiscal year and is anticipated to be received in October or November of the current fiscal year. The Museum has also been awarded $7,000 in funding by the PB Cultural Council for the current fiscal year. A grant request for FY '16/'17 has been submitted to the Florida Division of Cultural Affairs, has been approved. The request amount was $24,000, however, the actual amount to be granted is pending. Fiscal Year Summary Overall, fiscal year'14/'15 showed significant improvement over the previous year. Gains were made in almost every area and expenses were below the previous year. The Museum welcomed 34,000 visitors in FY '14/'15, a 24.5% increase over the previous year. Other highlights include an increase in Party & Facilities Rental of 31.8%, Special Event Revenue 25%, Program Income increased 17.5%. Expenses were 3.3% lower in FY '14/'15 than the previous fiscal year. The Museum ended the year with a surplus of $46,578. Museum leadership has put in place a strategic plan to facilitate the positive trend. Respectfully submitted, Suzanne Ross Executive Director Page 86 of 166 6.E. CONSENT AGENDA 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Approve award of the bid for "Printing and Mailing Services", Bid No. 076-1210-15/JMA to Tribune Direct of Deerfield Beach, FL for the printing and mailing of the City of Boynton Beach Annual Report and 2016 Calendar, for an estimated cost of $31,500 - $42,000 depending on final layout and actual number of copies printed and mailed. EXPLANATION OF REQUEST: On October 21, 2015, Procurement Services opened four bids in response to the Request for Bid for Printing and Mailing Services for the 2016 Calendar and 2015 City of Boynton Beach Annual Report. Bidders were directed to provide pricing for a printing of 30,000 and 40,000 calendar/annual reports and mailing services for 27,000 Utilities customers and an additional 11,000 mailed to "Resident". Tribune Direct submitted the lowest, most responsive, responsible bid with a cost per piece of $.69 for 30,000 copies and $.64 for 40,000 copies. Cost of mailing ranges from $10,600 - $16,500 depending on actual number of calendar/annual reports mailed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Annual Calendar and Report is produced to provide citizens and users with pertinent information about the City and its services. The City's Annual Calendar and Report was produced last year for the first time. The calendar's creative and innovative visual concept of the City's amenities and a comprehensive presentation of the accomplishments within the past fiscal year won three awards (one 1St Place and two 3rd Place). FISCAL IMPACT: Budgeted Funds for this expenditure are available from Communications account numbers 001-1212-519-47-10 and 001-1212-519-41-12. ALTERNATIVES: To re -bid the printing and mailing or not produce the Annual Calendar and Report. STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: The Annual Report and Calendar will be distributed to residents, businesses and tourists contributing to Strategic Plan, Goal #5, "Positive and Exciting Boynton Beach Image: Curb Appeal" to Reputation" Long Term Challenges and Opportunities, #3 Marketing the Boynton Beach Brand and Arts. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 87 of 166 Is this a grant? No Grant Amount: ATTACHMENTS: Type Tab Sheets D Cather D Cather REVIEWERS: Department Finance Finance Legal City Manager Description Bid Tabulation Cost Evaluation Bid Proposal - Tribune Direct Reviewer Action Howard, Tim Approved Howard, Tim Approved herof, Jim Approved LaVerriere, Lori Approved Date 10/27/2016 - 10:06 AM 1012712016 - 10:38 AM 10/26/2016 - 11:01 AM 10/00/2016 - 11:46 AM Page 88 of 166 In O N W N U � > m w O W U N O Z Q J _ cn Q a z�� 0 Wow C') QF- LLJ N N LLI Q;� C.O. 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Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Z 0 IN I . I A 7111111 I'm I illillillillillill 11111111111�1111 "I !!"I 1!!", 7!", 10 1 ;!1111 11111 M6T,jS-W,M, rlq,"e �,j (11 11 Go-TiceN-Aniess speCiTlea otnerwise. 60 receiving date and J1 time is scheduled for: October 21, 2015, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (9 0) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Tribune Publishing Company LLC dba Tribune Direct Federal I.D. Number: 36-3779720 A Corporation of the State of: Delaware Area Code: 9.,;4 Telephone Number: 425-1767 Area Code: 954 FAX Number: 425-1971 Mailing Address: 333 SW 12th Ave. 93M=- keerfield Beach, Fl. 33442 Name Typed 1": 1 -1:7-giggol A I LIU 1W-1 y1f, I L9 A " A The City of Boynton Beach Bid No. 076-1210-15/JMA Page 94 of 166 PRICE PROPOSAL FOR PRINTI f 77. T 11KII-1111KIATA 14 111IM11110101,12 R1 RNMETiTs &TIM q 1041 [--as 11M] 1kTMVA PAV111114 K*JV1#[-.X9J 0 01 ISAIRMFMZJ• ♦ • r •� t J 0WEE =-- * Es I of M- M* 0 1 of wkzm - - Written Amount ($ 5.436.85) 2015 postal rates available at this time. These rates are subject to change based on any revisions L_ ly the USPS or changes to the data provided. M; 1 1,1;7A41• I Ing 01.Tel; 1111101:71-111 'If _1141 "i ffil The City of Boynton Beach Bid No. 076-1210-15/JMA IM Page 95 of 166 COST PER PIECE mom- 0WEE =-- * Es I of M- M* 0 1 of wkzm - - Written Amount ($ 5.436.85) 2015 postal rates available at this time. These rates are subject to change based on any revisions L_ ly the USPS or changes to the data provided. M; 1 1,1;7A41• I Ing 01.Tel; 1111101:71-111 'If _1141 "i ffil The City of Boynton Beach Bid No. 076-1210-15/JMA IM Page 95 of 166 Tribune Direct ( 9541 425-1971 FAX NUM -BER I IN T Peggy Regan PRINTED NAME Sales Manager TITLE The City of Boynton Beach Bid No. M .- _ . Address Page 96 of 166 State County Of rs �� R AT-fD being first duly sworn, deposes and says that: ) i 1) He/She is Peqgv Regan —of — Tribune Direct (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: "PRINTING AND MAILING SERVICES" 2) He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not taint by any collusion, conspiracy, connivance or unlawful agreement on the part of t bidder or any of its agents, representatives, owners, employees, or parties in intere i incluing this affiant. d Subscribed and sworn to before me This day of 2015 My commission expires ghphi (Sign 7-1 (Title) 17 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 076-1210-15/JMA Page 97 of 166 Ruoff 4��3 : SS iiii"CIN il lli'IMETE�� By: ppn it D, - NA TUR Sworn and subscribed before me this day of 20 W•i =11 TITLE NOTARY PUBLIC, StaO#//F-lorida at Large Tribune Direct Wel a 9 Eel F-11 0 121 M I L llulkvii 18 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 076-1210-15/JMA Page 98 of 166 111111 1111 " ilk I 1 0 : out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. V Yes No If Yes, please indicate by an "X" in the appropriate bon AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER NOT APPLICABLE (Specify) *0 VOU DOSSeSS A QQ •INT YES NO V fr- Issuing Organization for Certification Not Applicable Not applicable Date of Certification 19 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 076-1210-15/JMA Page 99 of 166 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nold contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace throu implementation of this section. I As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. V rid6fri- Ignoture 20 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 076-1210-15/JMA Page 100 of 166 � =� 14 =1 11 -lel kyj I =1 111111 The contractor understands and agrees that in addon to all other remedies a consequences provided by law, the failure of the Contractor or its subcontractors lower tier subcontractors to fully cooperate with the Inspector General when request may be deemed by the municipality to be a material breach of this contract justifying i termination. I By Peggy Regan Title: Sales Manager Date: I 21 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 076-1210-15/JMA Page 101 of 166 If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Trrdj-re5Tft-(f M on ot vendor's name from the qU—a-r1f1-eA-b—idd[er's ML, for the City of Boynton Beach. 0 COMPANY NAME: Not Applicable ADDRESS: SIGNATURE: Not applicable DATE: WE, the undersigned have declined to bid on your Bid No.: 076-1210-15/JMA for the "PRINTING AND MAILING SERVICES" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid Specifications unclear (explain below) Other (specify below) Am k 0 0�M - 22 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Page 102 of 166 REQUEST FOR BID FOR PRINTING AND MAILING SERVICES J:tffl� J'he followin2 f IMU 1 0 - L Please place a check mark (-/) on the blank line next to each Rem if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check -off sheets with the bid proposal in order for a bid to be f-rnsidered. PRIN71NG SERVICES: V36 pages plus 4 page cover; horizontal format V/ Flat size: 18" tall x 12" wide Folded size: Wtall x 12" wide Cover: 4/4 — Process + OGV (one sided), full bleed Inside pages: 4/4 — Process + SGV (two sided), full bleed Cover Pages —1 , cover white, with varnish Inside Pages — 100#, text white, with spot gloss varnish on photos Finishing: Trim, score, fold, collate, saddlestitch, and drill a 1/8" hole at bottom to hang the calendar. V1 AJI remaining copies to be placed in cartons and delivered to City Hall. Include a "dummy" calendar (unprinted sample of 40 pages) utilizing the actual paper to be used for this project. Page 103 of 16� MAILING SERVICES: City to utilize the printer's bulk rate permit. 0ty to provide mail merge list(s). mm lig u,e Inkjet names and addresses onto calendar. v" NCOA and CASS certified. / Clear water seal tabs to be used per USPS Regulations. (n,,34 \rScLi11 bJ COW V Vendor to sort, sack, tray and deliver to post office. ) i�- One quote for 27,000 calendars mailed to the City of Boynton Beach Utilities Customers with individual names, addresses and zip codes; and • Electronic file will be delivered to printer on or before November 15, 2015. • Delivery of hard copy proof(s) shall be within forty-eight (48) hours of receipt of electronic file. • Printing and mailing to be completed within fourteen (14) calendar days after proof approval by Communications Manager. • Prices to remain firm through January 31, 2016. r Page 104 of 166 7.A. BIDS AND PURCHASES OVER $100,000 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Approve Xylem Water Solutions USA, Inc. of Riviera Beach, FL, as a Sole Source for the purchase of parts and repair services on Flygt pumps on an "As Needed Basis" for the fiscal year 2015-2016, the average annual expense for the last three (3) years has been $150,000. EXPLANATION OF REQUEST: The Utilities Department has standardized all pump purchases to Flygt and EMU pumps to be used in the lift stations throughout our service area. Although Flygt is no longer being used as a source for new pump purchases, more than 60% of the stations contain Flygt pumps including five (5) of the six (6) master stations. A large number of these pumps have been in use for a long time and are at, or near the end of, their life cycle. As a result, there has been a substantial increase in pump repairs and replacement over past fiscal years; and the same will be true for this fiscal year. Xylem Water Solutions USA, Inc. (Xylem) owns Flygt Products and is the sole source for Flygt pumps, parts and service. In accordance with the City's Purchasing policies "sole source" purchases are an option and purchases in excess of $25,000 require Commission approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City of Boynton Beach (City) oversees and maintains over 160 wastewater lift stations. Each station has two or more pumps which help to convey wastewater collected from homes and businesses with the City's service area to the South Central Regional Wastewater Treatment Plant (SCRWWTP) for processing and treatment. The pumps must be routinely maintained to ensure proper function and prevent station overflows and sewage spills. Sewage on the streets or sewage backups in homes creates unpleasant and unsanitary conditions for the City's citizens, and regulatory infractions for the City. FISCAL IMPACT: Budgeted Funds have been budgeted in operational account: 401-2816-536-52-75 and CIP account: 403-5000-535-64- 05, SWR075. Previous fiscal year expenditures are: Operational Budget CI P • FY 2012/2013 $17,131 $40,103 • FY 2013/2014 $79,361 $315,081 • FY 2014/2015 $13,577 $63,321 ALTERNATIVES: The City could issue a bid for third party services. However, the City may void manufacturer warranties, pay significantly more for repairs, experience longer turnaround times and risk inferior quality of work performed by less trained and competent staff. STRATEGIC PLAN: Page 105 of 166 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Sole Source Letter Sole Source Letter REVIEWERS: Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Lejeune, Carisse Approved Finance Howard, Tim Approved Legal Cherof, Jim Approved City Manager LaVerriere, Lori Approved Date 1011012016 - 6:06 AM 1011012016 - 6:06 AM 1012012016 - 6:16 PPA 1012612016 - 6:46 AM 1012612016 - 11:06 AM 1010012016 - 11:60 AM Page 106 of 166 xylem Mr. James Hart CITY OF BOYNTON BEAC 124 E. Woolbright Road Boynton Beach, FL 33435 • 6 0 111 111111111 1 IF1111 0 1730 Tenth Street W. Riviera Beach, FL 33404 Tel: (561) 848-1200 Fax: (561) 848-1299 is the only authorized vendor for Flygt Products and OEM Parts. Xylem is also the only authorized service repair and warranty organization in the State of Florida; (East of the Apalachicola River). Our staff is properly trained to provide you with original equipment, spare parts, repairs and warranty service. Steve Kiss Branch Manajjr, igir, h IN I 111-154 1 KIN 9 100 1 NUM WeNdwWrill 1 0, $#-W Page 107 of 166 8.A. CODE COMPLIANCE & LEGAL SETTLEMENTS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Approve the negotiated workers' compensation settlement of $49,085.94 in the case of Gregory Kenny v. City of Boynton Beach. EXPLANATION OF REQUEST: Incidents: On March 27, 2011, Officer Kenny was injured while attempting to apprehend a suspect who was fighting with Police. His injury was to his right shoulder. On October 22, 2011 Officer Kenny was involved in an on -duty motor vehicle accident when he avoided an oncoming drunk driver, lost control of his vehicle and hit a wall. His injury was to his back. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recommendations for settlements of workers' compensation claims are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Budgeted Settlement will be charged to the Risk Management Budget line item 522-1710-519-45-12, Workers' Compensation Self Insured Losses. ALTERNATIVES: Failure to approve settlement will result in continuing medical claims and further litigation. Exposure for medical care over the claimant's life expectancy would be approximately an additional $100,000. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 108 of 166 REVIEWERS: Department Human Resources Finance Legal City Manager Reviewer Oldbury, Julie Howard, Tim Swanson, Lynn LaVerriere, Lori Settlement Memo Action Approved Approved Approved Approved Date 101191201 - 10:10 AM 10/22/2015 - 9:37 AM 10/29/2015 - 1:30 PPA 10/30/2015 - 11:47 AM Page 109 of 166 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre, City Manager THRU: Julie Oldbury, Director of Human Resources & Risk Management FROM: Tim McPherson, Human Resources & Risk Manager DATE: October 15, 2015 SUBJECT: Gregory Kenny v. City of Boynton Beach Date of Loss: March 27, 2011 & October 22, 2011 Risk Management recommends the City Commission ratify the: X Settlement Judgment in the above stated manner. RESERVES: All: $ 147,000 Expenses: $ 80,107.43 Demand: Original: $ 195,000 Final: $ 59,000 Offer: Original: $ 10,000 Final: $ 49,085.94 X SETTLEMENT: $ 49,085.94 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $_0_ IF NOT SETTLED Projected Medical/Legal Fees: $ 100,000+ Projected Jury Verdict: $ JUDGEMENT: $ - Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: Defense Counsel: Alison Schefer Incidents: Plaintiff Counsel: Eric Lakind On March 27, 2011, Officer Kenny was injured while attempting to apprehend a suspect who was fighting with Police. His injury was to his right shoulder. On October 22, 2011 Officer Kenny was involved in an on -duty motor vehicle accident when he avoided an oncoming drunk driver, lost control of his vehicle and hit a wall. His injury was to his back. Page 110 of 166 AIM CODE COMPLIANCE & LEGAL SETTLEMENTS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Review and approve proposed settlement in the matter of C.M. v. The City of Boynton Beach and Stephen Maiorino, Case #2014-CF011229-AMB pending in the Circuit Court of Palm Beach County EXPLANATION OF REQUEST: A mediation was held on October 19, 2015 in the matter of C.M. v. The City of Boynton Beach and Stephen Maiorino, Case #2014-CF011229-AMB pending in the Circuit Court of Palm Beach County. The Complaint in this action was based upon the actions of former Boynton Beach Police officer Stephen Maiorino occurring on October 14, 2015. The Complaint in this action asserted claims for vicarious liability on behalf of the City of Boynton Beach for the actions of the former officer through claims of battery, assault, false imprisonment, and intentional infliction of emotional distress. The Complaint also asserts two counts directly against the City of Boynton Beach for violation of the Plaintiff's civil rights under 42 U.S.C. Section 1983 and one count for the negligent hiring, retention, supervision and training of the former officer. This matter was mediated as required by the Courts Trial Order. At this mediation, the insurance carrier for the City, BRIT, negotiated a settlement and agreed to pay a total sum of $875,000 to the Plaintiff, in addition to a statement to be released by the City of Boynton Beach regarding the settlement. This settlement was predicated on approval by the Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This settlement will not affect any City of Boynton Beach programs or services. FISCAL IMPACT: Non -budgeted This settlement has no direct fiscal impact on the City of Boynton Beach as the City's insurance carrier BRIT will reimburse the City of Boynton Beach for this settlement. ALTERNATIVES: Trying the matter to conclusion before a jury. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 111 of 166 Grant Amount: REVIEWERS: Department Legal Finance NEUMEM Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/28/2015 - 2:52 PPA 10/28/2015 - 3:11 PPA 10/30/2015 - 11:49 AM Page 112 of 166 13.A. LEGAL 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED TO 11/3/15) EXPLANATION OF REQUEST: The City is in receipt of a Petition to Expand Boundaries of Boynton Village Community Development District wherein the Board is requesting to expand the boundaries of the District by adding approximately 4.995 acres of land. Once the expension of the District's boundaries takes place, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. The Boynton Village Community Development District is requesting to expand the CDD to include the park property that is currently owned by the city that will be "swapped" in consideration of the developer providing the acreage in the new development for the dog park. 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: ATTACHMENTS: Page 113 of 166 Type D Ordinance REVIEWERS: Department City Clerk Description Ordinance Petition to Expand the Boundaries of the Boynton Village Community Development District Reviewer Action Date Pyle, Judith Approved 10/26/2015 - 3:59 PPA Page 114 of 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 06-073 WHICH CREATED THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT REVISING THE BOUNDARIES OF THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT TO EXPAND THE DISTRICT BOUNDARIES BY APPROXIMATELY 4.995 ACRES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on September 6, 2006 the City Commission approved a Petition establishing the Boynton Village Community Development District which established the boundaries of that District in accordance with Section 190.005(2), Florida Statutes; and WHEREAS, The Boynton Village Community Development District has filed a Petition to Expand the Boundaries of the CDD, which is attached hereto as Exhibit "A" and made a part hereof and contains the information required pursuant to Section 190.046, Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on September 15, 2015, at City Hall in accordance with the requirements of Florida Statutes; and WHEREAS, the City Commission has determined that: 1. That all statements contained within the Petition have been found to be true 25 and correct. 26 27 28 2. That the expansion of the District boundaries is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 1 of 3 Page 115 of 166 1 3. That the land within the proposed District is of sufficient size, sufficiently 2 compact and sufficiently contiguous to be developable as one functional interrelated 3 community. 4 4. That the expansion of the District boundaries is the best alternative available 5 for delivering the community development services and facilities to the lands within the 6 District boundaries. 7 5. That the area identified in the Petition is amenable to be included in the 8 proposed District; and 9 WHEREAS, the City Commission has determined that the expansion of the Boynton 10 Village Community Development District boundaries would be consistent with the criteria for 11 community development districts as set forth in the Uniform Community Development 12 District Act of 1980,Chapter 190, Florida Statutes; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. Each Whereas clause set forth above is true and correct and herein 16 incorporated by this reference. 17 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 18 City Commission of the City of Boynton Beach, Florida hereby approves the expansion of the 19 boundaries of the Boynton Village Community Development District as set forth on the 20 Petition attached hereto as Exhibit "A". 21 Section 3. That all ordinances or parts of ordinances in conflict herewith be and 22 the same are hereby repealed. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 2 of 3 Page 116 of 166 1 Section 4. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 3 such decision shall not affect the remainder of this ordinance. 4 Section 5. Authority is hereby granted to codify said ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this 3rd day of September, 2015 7 SECOND, FINAL READING AND PASSAGE this day of 8 , 2015. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, MMC 31 City Clerk 32 33 34 35 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 3 of 3 Page 117 of 166 1 11 1 1 Lelyrallm"11 CNIONIUmasufflige 1100IN11111111610"Ril TO EXPAND THE BOUNDARIES OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT I COMMUNITY DEVELOPMENT DISTRICT J The Board of Supervisors (the "Board") of the Boynton Village Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes (the "District"), and Ordinance No. 06-073 of City of Boynton each, Florida (the "City"), adopted on September 6, 2006 (the "Ordinance"), hereby petitions the City Commission of the City of Boynton each, Florida (the "City Commission") in accordance with Section 190.046(1) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act"), to expand the boundaries of the District and in support thereof, hereby attests as follows: 1. That approximately 101.18 acres are currently within the external boundaries of the District. 2. That the Board desires to expand the boundaries of the District by adding approximately 4.995 acres as legally described on Exhibit A. Following such expansion of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. [X14.: ( 1ZNKMF 9 Page 118 of 166 11111!11 1�1�llp!111111� 0 . 1 0 0 111111� r1ri, 111 � � � � 111i i 1�11 I li!�, does not exceed 50% of the acres initially located within the boundaries of the District and all RW 11111TIN !I I I I , MOM"6 won "I I 1 110 Iii M 6111111 IMN, =W111,1111III :,il boundaries. No real property within the external boundaries of the District as proposed is to be any District facilities to serve the proposed expansion area and the estimated cost of constructing 6. That annexed hereto as Exhibit D and made a part hereof is evidence of the written consent to the inclusion of its property in the District by the owner (directly or as attorney in fact) of one hundred percent (100%) of the real property within the proposed 7. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land within thi. proposed expansion area as shown on the future land use plan element of the City's 8. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florid.? Page 119 of 166 9. That following the proposed expansion of the District's boundaries on WITE MW 1111 0 1 rel •r- = Vistrict will be of sufficient size, compactness, and contiguity to be developable as one W11 Wou TiI available for delivering the community development facilities and services to the property that will be served by the District; (iv) the community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (v) the property comprising the District will be amenable to separate special-purpose government. ff MM A. Direct its staff to notice, as soon as practicable, a local public non -emergency grant the petition for the expansion of the District's boundaries and to amend the Ordinance B. Grant this Petition and enact an ordinance pursuant to applicable law amending 1111 111�1�1�111111�11p Page 120 of 166 htEl SPECTFULLY SUBMITTED this day of 32015. BOYNTON VILLAGE COMMUNITY DEVELOPME NT DISTRICT By: =1 I = = I N The foregoing instrument was acknowledged before me this '30 day of t3 "�— 2015, by XZ�M-A PR1Z-tL'tAA the ���icc-Chairperson of the Boar& of Supervisprs of the Boynton Village Community Development District, who is or produced r,, Cas identification. Page 121 of 166 1":11-11M jgI 1:1 Jill SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.Das recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. 1IIID •!� Page 122 of 166 1*144* VA-te. EXHIBIT METES #, BOUNDS DESCRIPTION ParcelParcelParcel •.Parcel _ J - ., Parcel Parcel 8, SMU - Lake Parcel, SNW - Park Parcel, Tract C-1, and Spine Road Tract, all of "BOYNTON TOWN CENTER, a ! Das recorded Plat •• 16RJB. 144-15of the Public Records of Palm Beach County, Florida, together with all of "CORTINA P.U.D. REPLAT", as recorded in Plat Book 109 at pages 196-202 of said Public Records, said parcel being more particularly described as follows: Page 123 of 166 Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 106.179 Acres, (4,625,160 Square Feet), more or less. Page 124 of 166 I IX"I` ! two 14 MON X42:I DI IOU% RIJ 1101 INAM I I I 110 11 R-1 114 E ON WCTII 1 Sanitary Sewer System 1'-,fsT,TsWM 6374 COST ESTIMATE $57,952 $60,133 $136,195 $31,812 October, 1 C#I • s OT;WATI]� October, 2016 Page 125 of 166 10,14:111-110 a1, Page 126 of 166 " W W I Imam On this day of , 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1 . Affiant, , is the of the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida 3. Affiant hereby represents that he/she has full authority to execute the Petition to Expand the Boundaries of the Boynton Village Community Development District on behalf of the City. 4. The Property consists of approximately 4.995 acres of real property located in the City. 5. Affiant, on behalf of the City, as the fee simple owner of the Property, in the capacity described above, hereby gives its full consent to the expansion of the external boundaries of the Boynton Village Community Development District to include the Property therein. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of ,2015. CITY OF BOYNTON BEACH, a municip corporation of the State of Florida, i STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 5 2015, by . as — of the City of Boynton Beach, a municipal corporation of the State of Florida. He/she is personally known to me or producei as idwicatio,(.. Page 127 of 166 ITM;MsjFMW=s 4 IM Mel MIMMIMPROMINN lifflMEMB Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. FIT11 I M, I FMI MITIMI W-1 MMM Page 128 of 166 Page 129 of 166 In a A AD Ww FAM"Mr t Fgs= 000 FRble's j is Page 130 of 166 nR Legend Community Redevelopment Area Q Urban CBD TCEA Boundary Expansionr :7t=0 , Ar .4 At ala 1 as w x:.. �i 4 zzi City Boundary WATER LOW DENSITY RESIDENTIAL - MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. #FFICE COMMERCIAL! LOCAL RETAIL COMMERCIAL iw4 RECREATIONAL w w, MIXED SUBURBAN wwrA DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION ` ! CONSERVATION OVERLAY Page 131 of 166 10114:101-M a"- VNIT5101 I � 1111,11 i� 1 iil i 111111 1111 1 ii 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to expand the boundaries of the Boynton Village Community Development District ("District"). The District currently contains approximately 10 1. 18 acres of land located in the City of Boynton Beach, Florida (the "City"). The proposed expansion area contains approximately 4.995 acres of land, also located in the City. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), Florida Statutes ("F.S.") governing District establishment as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." The purpose of the District is to provide, operate and maintain public infrastructure, services, and facilities to a master planned mixed-use community containing a total of approximately 116 residential dwelling units and 435,441 square feet of commercial building area within the boundaries of the District, including approximately 26 residential dwelling units to be constructed within the proposed expansion area. Section 120.541(2), F.S. (2014), defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly; is likely to (1) have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; is likely to (2) have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or is likely to (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. Page 132 of 166 LC comply with the rule, together with a general description of the types o individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency (County), and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed *r used or procedures required to be employed in complying with the rule, additiomb *perating costs incurred, and the cost of monitoring and reporting. (e) An analysis of the impact on small businesses as defined by Section 288.703, and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Miami -Dade County is not defined as a small County for purposes of this requirement. fflff��� (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. ote: the references to "rule" in the statutory requirements for the Statement o7 Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Stalites." 2.0 An economic analysis of potential impacts on economic growth, business competitiveness ori regulatory costs, in excess of $1 million within the next 5 years. It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. At buildout, the estimated total population of the District will be approximately 2790, with the proposed expansion area having an estimated population of 65. The types of Page 133 of 166 individuals•- affected by - ordinance will be - present • future residents • - faith4.0 A good estimate oa cost to the agency, and to any other statea local government entities, of implementingenforcing s anticipated effect on state or local revenues. � 1 1> 1 1 ! 1. ` E' 1 1 lil 1 I :• 1 �1 1 �... 1 1 , ! ,.. 1 Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but be various implementing responsibilities which are identified with their costsr '.r.. 1 1 l 1 1 1 1 1 9W andenforceproposed ! l 1 of the District. The District,1 1 1, and expanded, will encompass under 1,000 acres; therefore, the City is the establishing 1tity under 190.005(2), modest 1 1 various li implement 1 1enforce1 proposed ordinance 1' the receiptand l ii. processing 1 1us reports thatDistrict is required to file with the State and variousits entities.1 • lists the reporting requirements.1 1 those agenciesState 1 1 process 1 1reports1 because theDistrict is only one of manygovernmental units1required 1' submit the various reports. Therefore, the marginal cost of processing one additional of reportsAdditionally, pursuant 1 section 189.018, District mustpyyC annual 1 the State of 1! Deyartment of Economic1 1( I F offsets such costs. City of Boynton Beach There will be only ,• ,est costs to the City fornumber of - of the Petition to Expand the District boundaries does not include analysis of the development • • the Petitionprovides much of _ information- • r for a staffreview. Third, the City alreadypossesses the staff needed to conduct the review without•! for o capital required to review the Petition. routinelyprocesses simil.r petitions forr uses and zoning changes that are far • re complex than is the petition to expand the boundaries of •development district. Finally, potential • to the City of - Petition to Expand the District boundaries offset by .r .r filing costsThe annual • the City, because of the establishmentand expansion of District, are • very small. The District is an independentof • government. only costsannual • of ous reports that the District is required to provide to the City, or • r • expenses establishesCity may incur if it • • program •However, Page 134 of 166 Petitioner has includeda payment of $1,500 to offset any expenses the City may incur in the processing of this Petition, or in the monitoring of this District. Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other units of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate oft a transactional costs likely to be incurred by individuals and entities required to comply with the requirements oft a ordinance. Table 1 below provides an outline of the various facilities and services the District may provide to the proposed expansion area: 1 0 go 81 1 - - 11 - Lejvw�wiqns wou, rITIN; - - ties outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt Page 135 of 166 0 DI ZM443 *1*1 1b 1 0 go 81 1 - - 11 - Lejvw�wiqns wou, rITIN; - - ties outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt Page 135 of 166 and maintenance of the District and its owned facilities Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ai valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ("CDD") provides property owners with the option of having higher levels of facilities and services financed through self-imposed assessments. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property owner's association, City provision, or through developer equity and/or bank loans. First, landowners in the District will receive a higher long-term sustained level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District and expansion of the District boundaries will ensure that these landowners pay for the r+,rovision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they -receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Page 136 of 166 FACILITYAMPROV- 1 Water• • Collection•i October, 1 16 Roadway, October, 2015 • , + _ • • L Total Estimated Cost ;I I' �o / !Complete 11 1 1 Construction If !' • • • •' 1 October, 1 16 October, 2015 October, 2016 .0 An analysis of the impact ons all businesses as defined by Section 288.703, F.S., and an analysis of the impact ons all counties ands all cities as defined by Section 120.52, F.S. Approval of the petition to expand the District will have positive impacts on small business as defined in Chapter1' positive impacts because the additional population in the District will require••• • services from businesses.small - services can be provided • businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be • • or • to the area. No negative impactsbeen identified for businesses as defined. estimatedThe City has an population in 2010 10,000; therefore,• defined • Irll City" according to Section 120.52, there will accordingly be no impact on a small City because of the establishment of the Page 137 of 166 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the petitioner's engineer and other professionals associated with the Petitioner. 8.0 In the statement or revised statement, whichever applies, a description of any good faith it proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541(l)(a), Florida Statutes. Page 138 of 166 WIMMM ByrorrCTMIMI nRid ymmw1r R �,•� FL. STATUTE DUE DATE CITATION 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year 218.32 within 45 days of financial audit completion, R ut no later than 12 months after end of fiscal year; if no audit required, by 4/30 200.068 no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes) within 30 days of accepting interest the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.415 within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local goverm-nent's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semi-annually, or annually Bond Report 218.38 when issued Registered Agent 189.416 within 30 days after first meeting of governing board Proposed Budget 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11/30 Page 139 of 166 13. B. LEGAL 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-029 - SECOND READING - PUBLIC HEARING - Approve amendment to Chapter 14, Section 14 -9 --Disabled Parking Regulations to be consistent with Florida Statutes. EXPLANATION OF REQUEST: The amendment will reflect all the subsections listed from the Florida State Statute which will authorize the issuance of tickets to violators who illegally utilize a handicap parking space and/or a handicap placard. The City's existing handicap ordinance does not contain some of the verbiage that is required by the Florida State Statues. With the proposed amendment to the City's ordinance, the City can continue to enforce handicap parking violations and successfully prosecute infractions in traffic court. In addition, as permitted by Florida law, this amendment will allow the City to utilize two-thirds of the fines collected to improve accessibility and equal opportunity to qualified persons who have disabilities and to conduct public awareness programs concerning persons who have disabilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This amendment will improve the City's ability to enforce violations in traffic court and will establish an allocation of funds to be used for services for persons who have disabilities. FISCAL IMPACT: Non -budgeted The City would receive the $250 fine. Currently the total $250 fine is deposited into the General Fund. With the proposed amendment, two-thirds of the $250 would be reallocated to a separate account to improve accessibility and public awareness programs. Since all of the fines would no longer be allocated to the general fund, the reallocation would result in a decrease of revenue in the General Fund of about $40,000 to $60,000 per year. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 140 of 166 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance REVIEWERS: Department City Clerk Description Ordinance amending handicapped parking Reviewer Action Date Pyle, Judith Approved 10/26/2015 - 3:59 PPA Page 141 of 166 I ORDINANCE NO. 15- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AMENDING CHAPTER 14, SECTION 14-9, 6 "DISABLED PARKING SPACE VIOLATIONS" OF THE 7 CITY'S CODE OF ORDINANCES; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS from time to time the City's staff reviews its Code of Ordinances to determine whether such ordinances may be made more efficient; and WHEREAS, the Police Department Staff has reviewed Part II, Chapter 14, Section 14- 9 of the Code of Ordinances and determined that the disabled parking regulations needed to be updated to reflect language contained in the Florida Statutes; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Part 11, Chapter 14 of the Code of Ordinances, specifically Section 14-9, Disabled Parking Regulations. 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. The City Commission of the City of Boynton Beach desires to amend Chapter 14, Section 14-9, "Disabled Parking Space Violation" of the City's Code of Ordinance as follows: Sec. 14-9 Disabled Parking Regulations Enforcement of parking requirements for persons who have disabilities. 1 (a) z44i44-)e PARKING Pursuant to Section 316.1955 Florida Statutes it is unlawful for any person to stop, stand, or park a vehicle ` within, or to obst ct, any such specially designated and marked parking space e- z f a4,ed- ovided in accordance with +h too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Boynton Beach.21031.BB Handicapped Parking Ordinance.Doc -1- Page 142 of 166 2 4 M 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 41 42 43 44 45 46 47 i+3ffs. 553.5041, unless st the vehicle displays a disabled parking permit issued pet under s. 316.1958 or s. 320.08487 �;`.°.; :;� or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845, and st the vehicle is transporting a he person s{ � r4 to whom the displayed permit. ke-- -, °. -eqiwh y"' is issued. The violation ay not be dismissed for failure of the marking on the parking space to comply with Florida law if the space is in general compliance and is clearly distingishable as a 1- 1 t r� r1 i a desi nated accessible parkingo-fi*H o .,; .: ; space for people who have disabilities. Only a warning may be issued for unlawfully parking in 4sab: dl p(,- .. 1 1 i a space desi ated for -stwh ez °=-n4,: °:-,4* persons with disabilities if there is no above -grade sign as provided by law. (b) _Whenever a law enforcement officer -of", a parking enforcement specialist or the owner or lessee of the space finds a vehicle in violation of this subsection, that officer n °,. owner or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed f=� +-4+fefeae, p, m _a . 7under this section to a storage lot, garage, or other safe parking space, the cost of {tl'the removal and parking -sl-'H44 reconstitutes a lien against the vehicle. (c p t (4—, The officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18(6). The owner of a leased vehicle is not responsible for a violation of this section if the vehicle is registered in the name of the lessee. ` t • • •11 • I FITMI I • Highway Safety • Motor Vehicles by the clerk of the court.. (e) A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking -permit and driver license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be 711 i1 °{ p; a�r4t char e with resisting an officer without violence, as provided tha,4 4i in s. 843.02. �. • Ito iiill!llllllll�i'iil • disabled parking permit or a special license plate, to stand temporarily in any such parkin imposedspace, for the purpose of loading or unloading the person who has a disabilily. A penalty may not be upon the driver for such temporary standing. (4)(a) A vehicle that is transporting a person who has a disability and that has been granted a too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Bovnton Beach.2103.1.BB Handicapped Parking Ordinance.Doc i ��:t atut ?, 5�. -2- Page 143 of 166 2 4 M 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 41 42 43 44 45 minutes in any parking space reserved for persons who have disabilities. WE M W-11MIN 1 1111,11111 � 1011i I 111 11 CIRII i Statutes, the disabled parking permit placard must be placed in a motor vehicle so as to be visible from the front and rear of the vehicle. Each side of the placard must have the international symbol ot accessibility in a contrasting color in the center so as to be visible. One side of the lacard must display -the apl2licant's driver's license number or state identification card number along with a warning that the applicant must have such identification at all times while using the parking permit. A validation sticker must also be issued with each disabled parking permit, showing the month and year of expiration on each side of the placard. Validation stickers must be of the size specified bv the Department of Highwav Safetv and Motor Vehicles and must be affixed to the disabled parking permits. The disabled parking permits must use the same colors as license plate validations. (3) ILLEGAL USE Any person who fraudulently obtains or unlawfully displays a disabled parking permit that belongs to another person while occupying a disabled parking space or an access aisle while the owner of the per it is not being transported in the vehicle or who uses an altered, tampered or unauthorized replica of such a disabled parking permit with the intent to deceive shall be issued -44hi--a citation Illegal Use and fined $250. It --4i +i+ "-it (4) CONFISCATION A law enforcement officer or a parking specialist is authorized to confiscate the disabled parking permit S-, ff `tan erson who fraudulently obtains or 4 1 + , e - awfully uses such a perm t. A law enforcement officer or hi -parking -44 w-pft,44 ��enforcement specialist ay confiscate any disabled parking permit VIaeaFdj!jLt is A fired, reported as lost or+tg+-w-44 4i�(J-eff4h 41t, ti"ate °. stolen, defaced, does not display a I identification number. (5) OUT OF STATE Pursuant to Section 316.1958, Florida Statutes, motor vehicles. displayin_ a special license plate or parkin- permit issued to a person who has a disability by ,any other state or district subject to the laws of the United States or by a foreign country th issues disabled parking permits that display the international symbol of accessibility are recognized as displaying a valid license plate or permit, if the other state or district grants reciprocal recognition for residents of this state who have disabilities. However, when an individual is required by law to have a Florida driver license or a Florida vehicle registration, $M41 t I I a 1 4 4 1 1 40 memo t00052271.3 306-9001821 )C:\Program Files (X86)\Neevia.Com\DocconverteMro\Te=\NVDC\FB5DC764-5219-49E8-A738- 64229506243\BovntonBeach.2103.1.BB Handicapped Parking Ordinance. -3- Page 144 of 166 2 4 M 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 i # i i • • i • 1161WIMMU determiningmay not ticket a vehicle for a violation without first transl2orting a resident of i is the owner of out-of-state placard. (6) ASSESSMENT S AND USES�.1�� r1 11 a ... A violation of section 316.1955, lorids Statutes shall be deemed an infraction, the fine for which shall be two hundred fifty dollars ($250.00). Penalties for late payment of fines shall be assessed pursuant to Florida Statutes section 318.18. The sums collected pursuant to this section shall be used in the followingmanner: the provisions of the Florida i parking violations. Two-thirds to be used to provide funds to improve opportunily to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs•concerning physically disabled any other penalties set forthw 318, and 320•Florida Statutes. i 316.18 Flori4a Statutes. as mav be amen,te,i Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 38 remainder of this Ordinance. 39 Section 6. This Ordinance shall become effective immediately. too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Boynton Beach.21031.BB Handicapped Parking Ordinance.Doc -4- Page 145 of 166 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FIRST READING this day of , 2015. SECOND, FINAL READING AND PASSAGE this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO too052271.3 306-9001821 }C.AProgram Files (X86)\Neevia.Com\DocconvertemroATemp\NVDC\FB5DC764-5219-49E8-A738- F64229506243\Boynton Beach.21031.BB Handicapped Parking Ordinance.Doc -5- Page 146 of 166 13.C. LEGAL 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-030 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. EXPLANATION OF REQUEST: This evaluation of the City's longstanding regulations on gas stations was a directive of the City Commission and is represented by Strategic Initiative Action Item No.1.5. Initially prompted by the desire of a local business operator to expand his convenience store to include the sale of gasoline, this interest was withdrawn midway through the staff analysis. There are a total of 18 gas stations within the city and one-half of them are legal non -conforming uses and/or structures by the above-described location and/or zoning standards. Legal non -conforming uses may continue in perpetuity, and can undergo basic maintenance to maintain the operation of the business. However, such uses are restricted annually by the dollar value of physical improvements (no greater than 25% of the value of the property), and if such businesses were damaged or destroyed by a fire or major storm event for example, they could not rebuild to reopen the respective non -conforming uses. The nine (9) legal non -conforming stations are located inconsistent with the current intersection standard and/or not zoned for said uses i.e. (Planned Industrial Development (PID) or Central Business District (CBD)). Three stations are zoned PCD which allows gas sales, but in accordance with design standards that essentially require gas sales to be accessory to a large principal retail business (e.g. BJ's Wholesale Club). One (1) of these two (2) stations does not satisfy such requirements and was approved and developed prior to adoption of such regulations. Ten (10) stations meet the 200 foot separation requirement (from a residential structure), leaving 8 stations that are deficient by this standard. Lastly, excluding those stations within Planned Commercial Developments, no existing station is located on a parcel that complies with the minimum lot area and frontage requirements of the LDR. If existing non -conforming stations are desirable and not intended to be phased out over time, the LDR should be amended to increase the number of "conforming" businesses and possibly, allow new stations to be sited in areas void of or distant from existing stations where appropriate zoning exists for such uses. Staff proposes the following code amendments to maximize the presence and disbursement of stations that conform to the City's LDRs. Proposed Amendment #1 — Eliminate the requirement for gas stations to be limited to 4 -lane, 4 -way intersections, and simply restrict them to properties at an arterial -arterial intersection or arterial -collector intersection (excluding those stations approved within a Planned Commercial Development), and omit the diagonal requirement to allow flexibility and recognize the limited availability of land at any given intersection (but maintain the limit of two (2) stations per intersection.) Proposed Amendment #2 — Omit the minimum 200 foot separation requirement (from residential land uses), Page 147 of 166 and instead, limit conditional use status to those uses that do not, or would not meet the 200 foot separation requirement. Proposed Amendment #3 — Add gas stations to the list of allowed uses in the PID Zoning District (limited to Quantum Park as it's the only PID with frontage on an arterial roadway). Proposed Amendment #4 — Allow gas stations accessory to a principal retail use (i.e. big box store) regardless whether it is zoned PCD or C-3, as long as the minimum project size is achieved and all site standards (i.e. pump separation and setbacks) are met. This would allow a Walmart Store to sell gasoline similar to BJ's if all site development standards are met. Proposed Amendment #5 — Define "intersection" to include 1-95 interchanges. It is common for such uses to locate at interchanges with limited access roadways such as 1-95 and therefore it is wise for the city to maintain gas sales in the vicinity for local residents, employees and visitors. Proposed Amendment #6 — Exempt existing gas stations from the non -conforming building and structure restrictions (i.e. those not meeting the minimum lot frontage or area requirements) to allow for business expansions, routine maintenance or even reconstruction. The cumulative result of the proposed amendments is the reduction of nine (9) non -conforming gas stations to two (2). The remaining two (2) sites include the Chevron at Boynton Beach Boulevard and US -1, and the Marathon Station at 302 W. Boynton Beach Boulevard. These two stations are located with the newly established transit area within the CRA. This area is being intended to accommodate higher densities and intensities of land uses, and corresponding land development regulations should support mass transit, greater pedestrian access and amenities, and transit oriented development (TOD). Such a regulatory structure and system should discourage automobile dependency and therefore businesses that are automobile -dependent. However, further consideration of such non -conforming uses shall be included as part of the consolidation and update of the CRA Plans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: 2015 Strategic Initiative Action Item 1.5 "LDR Gas Stations". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Page 148 of 166 Type D Addendum D Addendum D Addendum REVIEWERS: Department Reviewer City Clerk Pyle, Judith Description Ordinance approving amendment to LDRs on Gas Station Staff Report Zoning Matrix Note No, 46 - Use Standards Zoning Matrix Action Date Approved 10/26/2015 - 3:59 PPA Page 149 of 166 I ORDINANCE NO. 15- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA APPROVING AMENDMENTS TO THE LAND 6 DEVELOPMENT REGULATIONS, PART 3, ZONING, ARTICLE 7 IV, USE REGULATIONS, SECTION D, USE MATRIX & NOTES 8 ALLOWING CONTINUED OPERATION OF EXISTING GAS 9 STATIONS IN COMPATIBLE AND DESIRABLE LOCATIONS 10 WITHIN THE CITY; CHANGING THE PERMITTED AND 11 CONDITIONAL USE STATUS FOR GASOLINE STATIONS 12 WITHIN THE C-2, C-3, C-4 AND PCD ZONING DISTRICTS; 13 ADDING GASOLINE STATIONS AS AN ALLOWABLE USE 14 WITHIN THE PLANNED INDUSTRIAL DEVELOPMENT (PID) 15 ZONING DISTRICT AND EXEMPTING EXISTING GAS 16 STATIONS FROM CERTAIN NON -CONFORMING BUILDING 17 AND STRUCTURE REGULATIONS; PROVIDING FOR 18 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 19 EFFECTIVE DATE. 20 21 22 WHEREAS, staff s evaluation of the City's longstanding regulations on gas stations 23 was a directive of the City Commission and is represented by Strategic Initiative Action Item 24 No. 1.5; and 25 WHEREAS, staff is proposing code amendments to maximize the presence and 26 disbursement of gas stations that conform to the City's Land Development Regulations; and 27 WHEREAS, the City Commission finds it to be in the best interest of the citizens 28 and residents of the City to approve the recommendations of staff and amend the Land 29 Development Regulations as reflected herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified 33 and confirmed by the City Commission. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline—Station—Ordinance. doc 1 - Page 150 of 166 34 Section 2. Chapter 3, Article IV, Section 3.13 Matrix Note No. 46 of the Land 35 Development Regulations is hereby amended as follows: 36 LDR Ch. 3, Art. IV, Sec. 3.D (Matrix Note No. 46) 37 46. Gasoline Station. 38 a. All Districts. 39 (1) Location. Gasoline stations,lirFiri i irl�l 1i iC>ri�i.iri 40 p r1 are only allowed on properties located at v3- vay )r 4 -way 41 intersections involving ai'terial and collector road rights-of-way-ee i - 42 as designated by the Comprehensive Plan, excluding local streets iiri iille . 43 l il.i-rchl1.li 2e with 1-95 are included as elhaiblc intersections, ns, Elis,ible at an 44 intersection with 1-95 include the first ILjgici_l directly �� t, i �. ��f th to i riil� i.ii�tirrii rid. of 45 the 1-95 int rclian e, This liia also be defined as the first—.arcel with f}i�1ge on 1n access 46 fiom the ai't riiil rad (flan( intersects with the 1-95 iii. ht- f -waw A maximum of two (2) 47 gasoline stations shall be allowed at each intersectionad-1erez A 48 convenience store with retail gasoline sales is considered to be a gasoline station and is 49 therefore, restricted to these location requirements. 50 (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. 51 (3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each 52 frontage measured from the intersecting right-of-way lines of the public streets. 53 (4) Access. 54 (a) Only one (1) access driveway is allowed from each major street frontage. 55 Driveways shall be located a minimum of fifty (50) feet from the intersection unless county 56 or state standards require a greater distance; 57 (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five 58 (45) feet in width; and 59 (c) Driveways shall not be located less than thirty (30) feet from any interior 60 property line. 61 (5) Setbacks. 62 (a) No canopy shall be located less than twenty (20) feet from any property line; and 63 (b) No gasoline pump island shall be located less than thirty (30) feet from any 64 property line. 65 (6) Storage. No outside storage of materials, parts, and no overnight storage of 66 vehicles outside. 67 (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations 68 located on designated out -parcels to shopping centers, business centers, or other planned 69 commercial developments shall conform in design to the approved design plan of the 70 principal center. 71 (8) Landscaping. See landscaping standards in Chapter 4. 72 (9) Lighting. See lighting standards in Chapter 4. 73 (10) Except for where otherwise approved on a master sign program, gasoline stations 74 shall only be permitted to advertise on signage located within the property boundaries. 75 r than two lrtliidre 76 �t)t;) fi i ; fi"t,}li"i 1, l t,}Liili 1,i` t}f' i, i"i iiPi ri i i.� t,}iiiii? iPistric. Distances ft,}i �.11C l"4�1i14t,}yC (}f �11i C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline -Station -Ordinance. doc 2- Page 151 of 166 77 subsection shall be measured fiµt, iii the i li 1>wi, t,}liiiC 1"4Lliii 4 i land or cant. 1"4 78 ntial or mixed-use zonin,,2; district, 79 r l l;:it}ii C is.iila siit}i" lt,} 1,i1"'iCi"itli"'iCi"i. f lil se feU' lIa ions that is located on al, 80 lot that does not confCi`m to the-jin:Ypert 81 defined in Section i i of this .1'g_-sk i, li"lgN )e eiila e-d- ex jan dv iCct, n strUcted or restored 82 without limitation based on 14erce it of-L)lll is lon"I as ffie iilawilimde offfie noll- 83 i; Olif i lYii l i s iiC( 'Oi serl d by-LI-1 11 C ililpro yeryi n. 84 b. C-2 District, C-3 District, and C-4 District. 85 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; 86 and automotive window tinting/stereo installation/alarms are allowed as accessory uses to 87 gasoline stations. 88 (2) Setbacks. Except for properties located within the Urban Commercial District 89 Overlay Zone, the following building setbacks shall apply to all structures on the property 90 including the primary structure, or any accessory structures such as car washes or above- 91 ground storage facilities. 92 (a) Building front (and side corner) - 35 feet; 93 (b) Building side - 20 feet; 94 (c) Building rear - 20 feet; 95 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 96 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 97 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all 98 water used in the car washing process. 99 100ir.iiilµ 101 102 fe_-Si4ef44l, 103 "tit, ns as stated al,iio\} e under 104 1'. When a gas station is a c ssOilaid use and when all 105 i Ilii"Ci"il li a,-.ji.4li able to the PCD District icf al re satisfied, 106 c. PCD District. 107 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; 108 and automotive window tinting/stereo installation/alarms are allowed as accessory uses to 109 gasoline stations. 110 (2) Setbacks. The following building setbacks shall apply to all structures on the 111 property including the primary structure, or any accessory structures such as car washes or 112 above-ground storage facilities. 113 (a) Building front (and side corner) - 35 feet; 114 (b) Building side - 20 feet; 115 (c) Building rear - 20 feet; 116 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 117 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 118 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all 119 water used in the car washing process. 120 (3) Separation.- No gasoline pump island shall be located less than two hundred 121 (200) feet from any public right-of-way. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline -Station -Ordinance. doc 3- Page 152 of 166 122 la'+ieH-sl H414-) dw- 123 ": s d . a. 4I l fstr+fe li l µ 1h : :' uFp -s&-s 411 sub- e 6 sI -'H ) . ,. +-�&su d4f-+ . ,. 124 125', 126 ions as stated abo� e under 127 ss _"tior ` ai,.' I "', Lises within the PCD District is shall iired to cotTi"l"4Iy with the 128 location standard r described aboye in Subs ction ,:aiJ 129 existence Erior to the ado.1sfion of 130 these IVULIlai:(i6, ns stall not be deerned non-i;onfbi"i"nin to the coi"i..Cs,pondin,, site standards if 131 located in con- l"4 la nce with the cali n il11 standard stated ao: in sectio l .,a". 132 (-'��) Relief from Standards. Waivers from the following standards may be granted in 133 accordance with Chapter 2, Article 11 by the City Commission for existing projects annexed 134 into the city, when the regulation cannot be fully complied with, but where the intent of the 135 LDR is met: 136 (a) Section 3.D.46.a.(5)(a) above; 137 (b) Section 3.D.46.a.(5)(b) above; 138 (c) Section 3.D.46.c.(3)(a) above; or 139 (d) Section 3.D.46.c.(3)(b) above. 140 The applicant shall provide justification of the waiver and submit a mitigation plan off - 141 setting the impact. 142 d. MU -L3 District and MU -H District. 143 (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline 144 station. 145 (2) Setbacks. 146 (a) Building setbacks shall meet those required by the applicable zoning district. 147 (b) Canopy structure over the fuel pumps shall be located either to the side or rear 148 of its associated principal building. 149 i-. PIS District This non -industrial use ;shall be allowed within the PIS district t 150 r-.jro; ided it is located on a lot with a Mixed Used (MU) land use ODtion and at an intersection 151 that wouldsatisfy the location i"i d.iilii"i 11"11 ills of this note, 152 I (._izsi" si AlloNN'ed: i; , it 'Crlii ilde i s16, 1 i _ itl 6 . de i,1 ± i s 1, itl 6, iY16, [ 'i , iYlii16, 1.. 1"i is iil..ry 153 and aiutotnoti � e window tintiiiu/ st r o iiistalla tion "a lalin s are allowed as ecce ssory Uses' o 154 &a` oIiIIe- ` tai:CIoI'Is, 155 `� Setbacks, E-Lce-.I,st for 1 strict 156 Oyerlayr rI fie f i I -iii> i uiI diil>i .e��s shal I YpI all sti-LIQ tIffe-S, oirlie 157 including (hi 1:4111Y1 i,i"� slruie �tlli r �,�1 i,i'i� i,de dei s s�,�l � sliti tures such as car washes s o ai,iao\� - 158 �u>.,ioun Molage iaciliCles, 159 (a ui diila, Ir(,)nt iaind slim coi"ill-ri - -35 feet,, 160 (b L B11iIdiInI amps - 0 feet;: 161 (i Building i"esu - 10 feet,, 162 (d) Automated ted lea r wash, The entrance to an automatic car wash shall be setback no 163 less (Balli se\' ii( -f[y'C } feet ficin the street in Order (O t)ro\ id f i an area of V' hiculaii 164 lli Viii.>: i iai.lekiii >i. r it ai.lelei , i" ails r`is i.i 'i. li 11all be fiillautomatic and iecvcle all 165 water r use iii the car wai,shiii`'t--.jr }s,es 166 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline -Station -Ordinance. doc 4- Page 153 of 166 167 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith 168 are hereby repealed to the extent of such conflict. 169 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 170 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 171 way affect the validity of the remaining portions of this Ordinance. 172 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 173 Florida, that the provisions of this Ordinance shall become and be made a part of the City of 174 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or 175 re -lettered and the word "ordinance" may be changed to "section," "article," or such other 176 appropriate word or phrase in order to accomplish such intentions. 177 Section 6. This Ordinance shall be effective immediately after adoption by the City 178 Commission on second reading. 179 FIRST READING this day of , 2015. 180 SECOND, FINAL READING AND PASSAGE this day of , 2015. 181 CITY OF BOYNTON BEACH, FLORIDA 182 183 YES NO 184 185 Mayor — Jerry Taylor 186 187 Vice Mayor — Joe Casello 188 189 Commissioner — David T. Merker 190 191 Commissioner — Mack McCray 192 193 Commissioner — Michael M. Fitzpatrick 194 195 196 VOTE 197 198 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline_Station_Ordinance.doc - 5 - Page 154 of 166 199 ATTEST: 200 201 202 203 204 Janet M. Prainito, MMC 205 City Clerk 206 207 208 209 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0340477E-F48A-45EE-909A-872A3A4D3444\Boynton Beach. 2125.1. Gasoline—Station—Ordinance. doc 6- Page 155 of 166 RE: Gas Stations Regulations (CDRV 15-003) — Proposed amendments t* the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrbr & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of ' Gasoline Stations as an allowable use within the Planned Industrial Development (PID) Zoning District. Applicant: City -initiated. Strategic Initiative Action Item No. 1.5. This evaluation of the City's longstanding regulations on gas stations was a directive of the City Commission and is represented by Strategic Initiative Action Item No. 1.5. Initially prompted by the ,t.-"-nfq,r tw n -r -r.9 -rd !iq +1r; 6=03 @F1, 11 There are the following four (4) main aspects of the City's gas station regulations as adopted in the Land Development Regulations (LDR), Part 3. Zoning, Article IV. Use Regulations, Section D. Use MajrL7r& Notes: e Location — Limited to 2 comers (cater -comer) of a 4 -way intersection each having a • Zoning — Allowed in C-2, C-3, C-4, PCD, MU -L3 and MU -H, all as conditional uses; • Minimum separation from residential structure — 200 fed; and • Minimum lot size & frontage — 30,000 sq.ft. and 225 feet. I I - Page 156 of 166 with amendments that subsequently go into effect for the same location. Legal non -conforming uses may continue in perpetuity, and can undergo basic maintenance to maintain the operation of the business. However, such uses are restricted annually by the dollar value of physical improvements (no greater than 25% of the value of the property), and, most significantly, if such businesses were damaged or destroyed by a fire or major storm event for example, they could not rebuild to reopen the respective non -conforming uses. The nine (9) legal non -conforming stations are located inconsistent with the LDR location restriction that limits them to intersections of 2 roads with 4 or more lanes each, or within a Planned Commercial Development (PCD) zoning district in accordance with the design restrictions as stated in the LDR for such master planned developments. In addition to being "non -conforming" by virtue of the intersection standard, two (2) of these non -conforming stations are also not zoned for gas sales, being zoned Planned Industrial Development (PID) or Central Business District (CBD). Three stations are zoned PCD. As indicated above, the PCD zoning district allows gas sales, but in accordance with design standards that essentially require gas sales to be accessory to a large principal retail business (e.g. BJ's Wholesale Club). One (1) of these two (2) stations does not satisfy such requirements and was approved and developed prior to adoption of such regulations. Ten (10) stations meet the 200 foot separation requirement (from a residential structure), leaving 9 stations that are deficient by this standard. The staff analysis did not include the historical research necessary to determine which stations have received conditional use approval; however, this conditional use status for gas stations has been in the LDR for over 30 years. Lastly, excluding those stations within Planned Commercial Developments, no existing station is located on a parcel that complies with the minimum lot area and frontage requirements of the LDR. Based on the limitations of Section 11(B) of Chapter 3 of the LDR, uses located on properties that do not meet the development regulations (i.e. minimum lot area and dimensions, maximum lot coverage, setbacks, etc.) cannot expand or rebuild without bringing the property or site into compliance. It should be noted that all 18 gas stations are located with frontage on an arterial classified roadway, which is the highest classification of roadways in the City (excluding I-95). Arterial roads include Congress Avenue, Hypoluxo Road, Gateway Boulevard (approximately between Congress and I-95), Boynton Beach Boulevard, Woolbright Road and Federal Highway. If existing non -conforming stations are desirable and not intended to be phased out over time, the LDR should be amended to increase the number of "conforming" businesses and possibly, allow new stations to be sited in areas void of or distant from existing stations where appropriate zoning exists for such uses. Proposed Amendments to LDR The following proposed amendments were based on the objectives of identifying existing, or possible gas station locations that do not, or would not, involve incompatible land uses; maximizing the number of conforming businesses that sell gasoline; identifying areas that could be better served by such businesses relative to areas within the City that are adequately served; accommodating possible expansions of existing stations that increase needed services or products to the immediate neighborhood; and considering whether any proposed amendments to the LDRs could lead to a proliferation of gas stations in any one area thereby representing an opportunity cost (i.e. less land available for other needed businesses within the City). The proposed amendments are generally Page 157 of 166 should not be construed to be non -conforming with the corresponding site standards if the location meets the proposed intersection standard described above. Effect — This would increase the conforming status of two stations within the PCD Zoning District that were approved within the corresponding master plans prior to adoption of those current PCD provisions describe above. Such stations could more easily be improved and expanded without complications caused by the lack of conformity with the current and more stringent PCD design standards. This amendment would also allow for the addition of gas sales at Walmart stores that are not located at a required intersection. In the early `90s Walmart partnered with Murphy USA, the retail store established by Murphy Oil Corporation, to sell gasoline along with the many other goods and services provided from a single location. Proposed Amendment #5 — Add an additional exception to the intersection location requirement, to allow for the operation of gas stations at Boynton Beach Boulevard at the I-95 interchange. This exception could be written to allow stations within a minimum specified distance of the interchange with 1-95, despite it not being a typical "intersection". It is common for such uses to locate at interchanges with limited access roadways such as I-95 and therefore it is wise for the city to maintain gas sales in the vicinity for local residents and employees, as well as outside travelers. This provides a reason to exit I-95 at the City of Boynton Beach and this point is further strengthened when considering that the location of the existing gas station is situated between I-95 and the popular shopping hub at and around the Boynton Beach Mall. Effect — This amendment would change the legal non -conforming status of one (1) gas station to conforming status. Proposed Amendment #b — Although there is potentially an internal discrepancy in the LDR regarding the ability to improve or rebuild an existing building on a property that doesn't comply with the property and site regulations, staff recommends the addition of an exemption provision for existing gas stations to allow for business expansions, routine maintenance or even reconstruction if damaged by a major storm event. Effect — As indicated above, no existing gas station occupies a parcel that complies with the minimum site and development standards (e.g. minimum lot area and dimensions) of the LDR. The proposed amendment would enable the 16 stations that are "conforming uses" (either originally conforming uses or as a result of the proposed amendments) to expand and rebuild as part of routine maintenance or if damaged by any cause. ADDITIONAL FINDINGS, RECOMMENDATIONS AND CONCLUSIONS The cumulative result of the proposed amendments is the reduction of nine (9) non -conforming gas stations to two (2). These two (2) sites include the Chevron at Boynton Beach Boulevard and US -1, and the Marathon Station at 302 W. Boynton Beach Boulevard. The Chevron Station is remains non- conforming by zoning classification, being zoned Central Business District (CBD), and the Marathon Station is zoned for gas sales but isn't in compliance with the existing or proposed intersection standards. These two stations are located with the newly established transit area within the CRA. This area is being intended to accommodate higher densities and intensities of land uses, and corresponding land development regulations should support mass transit, greater pedestrian access and amenities, and transit oriented development (TOD). Such a regulatory structure and system should discourage -4. Page 159 of 166 automobile dependency and therefore businesses that are automobile -dependent. However, outside the with the vision for mixed-use development and the City's Community Redevelopment Plans. Therefore staff recommends that the Central Business District (CBD) regulations not be amended at this time to allow gas sales, and both stations remain legal non -conforming uses while the CRA Plans are being consolidated and updated for possible land use recommendations that may affect the subject uses and properties. As for increasing the availability of sites for new stations within the City, although there are currently three (3) qualifying major intersections within the city that are void of any gas stations (based on the current intersection standard), and an additional 13 intersections that become eligible under the proposed amendment to the existing intersection standard, there is not undeveloped property, or the necessary zoning in place to accommodate a gas station at most of these locations. With respect to existing deficiencies, staff has identified the South Congress Avenue corridor as one of the areas void of a gas station represented by nearly a 2 -mile stretch of Congress Avenue between the nearest gas station at WIR` lbright Road and the southern boundary of the City. That distance increases to over 3 Y2 miles when considering that the nearest station to the south in the Ciu,_, of D%M,71-B is at Atlantic Avenue. Staff considered amendments that would allow such uses in this area; however, without a major intersection available and eligible zoning, there is not a simple code amendment that would allow the use without deviating from the intersection standard that is the principal mechanism for dispersing and regulating the locations of gas stations in the City. Although land is not available anyway, if desired, it is possible to make an exception to the intersection standard for a gas station within the M- I Zoning District which fronts an arterial roadway. The M- I Zoning District would be amended accordingly, and it would open up the approximately 3,400 feet of Congress Avenue in this area for gas sales. Again, there is no vacant property under M-1 Zoning so redevelopment would be a prerequisite and the properties in the area are fairly established and in need by the local service industry. Staff notes that N. Congress Avenue, between Boynton Beach Blvd and Hypoluxo Rd., is also void of gasoline sales, and exceeds 3 miles in length. However, unlike S. Congress Avenue, there currently exist two (2) intersections that are eligible for gas sales, and an additional intersection that would become eligible for gas stations under the proposed amendments. Of course it must be noted that the existing and future intersections noted herein are developed and not available for new construction without major redesign and/or redevelopment of existing shoppingcenters. I ITF1111111 MUM, 4 �11 I - M IMITIMM •I? M Page 160 of 166 Page 161 of 166 EXHIBIT — Use Matrix Note 46 LDR Ch. 3, Art. IV, Sec. 3.D (Matrix Note No. 46) 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations r.t r,1 "s 111 rc.E11 r is r.11. 1 rP l )E11 1 r1 ctrl r.)t.r1w { P i A al- z z are only allowed on properties located at -3" -way or 4 -way intersections involving arterial an collector road rights-of-way-e4,-_+mas designated by the Comprehensive Plan, excluding local streets and alleys. sections, Eligible n X1).11 1-95 in lu e 11e 1rr ,l.sarcel diretf[V west or east of the toe errtbankrrrerl) of the 1-95 interchanue, This rnav also be defined as the first parcel with ftontaue on and access 1rom the arterial road t , hat intersects with the 1-95 riulit-of-wav, A maximum of two (2) gasoline stations shall be allowed at each A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. (3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width; and (c) Driveways shall not be located less than thirty (30) feet from any interior property line. (5) Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. (7) Design. Pursuant to Chapter 4, Article 111, Section 3.G.4., all gasoline stations located on designated out -parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (8) Landscaping. See landscaping standards in Chapter 4. (9) Lighting. See lighting standards in Chapter 4. (10) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. 11) t r. lisle r. t 11 llrrll lie .ser rrli e u e if' located ureater t,h n two hundred (2(-')(-')) feel fiom a b and ry of'a residential zninu, district, Distances f r th(e burl:) Se of this, Subsection shall be measure fi.om )11e r l e r.. lisle .srr rlls island r.t1rP . r canopy l"sw f 11e >asoline station to the closest borrrrdarof the residential or mixed-use onit'n,' district, �'t ):r.)t, t1 i :ltr` 1"sri r r.rrr ttrPtrr tr) , f ).ErSe re,�trla).ion that is located on a lot that does no to of r'tlr1 to the 11rr()lse1'tV ey�ehlnnerq re -1 -ILII t. i ns of the zttinLrdistrict,as defined in Section C i of his Cha, vi)Eouliritation based gn l„trsrrrof lar 1p r rrlue, rr. X 11 �r. 11e 1r1�r>r1i u e f 11e r1 r1-collf i'mity is not worsened lav the 11111rr" V eaten . b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; Page 162 of 166 (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. � - {s ; i 4,,44 e 1 � ik4 -4_ i� - _ ... sI -rt �tfH. ` :: ,4, 1w mss+ f4h suk +ie 41144-)e -wi- .'- -i e1- s " Wherr a ,.wrr.s stc,r: i rr is rr.ccess ry to rr.lsrirrreiD l retail use and when all rr s uirr"rrrr"rrls �rl:rlrlrcable to the IAC District are a i fieri, c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. 4i No gasoline pump island shall be located less than two hundred (200) feet from any public right-of-way. . dkei , 441 :, (41) Exce:s.i, rr r r:iIli rem ent fbi Ioca ion at istated abo under section ""a, (1)" Uses within the C District shall not be r s uiret-d reoll" aly wihth loreati rr st�rnd r �s rile rr.br in, Isubser lion ,:,:'r..�I rr >rr� r. i, rr lrrr.11 rr, lir r r rrrr l rr, rr-re rrf, rrrrirr w lrr e r.r..r lr, rr lirr > i r r.rrdarels if'located in reg, mfrlirr.n e with the location inn rsec i rri standard stag abok e in sec i rr ,a". (-'1��) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article 11 by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.13.46.a.(5)(a) above; (b) Section 3.13.46.a.(5)(b) above; (c) Section 3.13.46.c.(3)(a) above; or (d) Section 3.13.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off -setting the impact. d. MLT -L3 District and MU -H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. . PID District This non -industrial use hall be allowed within the PIC distrig,1,-.jroyided it i located on a lot with a Mixed L.Ise WI 11 land use (,,))tion and at an intersection that would a isfv the location - rri,erylem Of .Iris 110e, it� se(so � ll we : � �e r�wenience, store:, �rulo/�e,rrr wash, ally """'a ,, r��rirr��r ir; an rrutotnoti�-e rr indo tintinul'st reo rrrs' rrllatiorr;'rrlanns erre allowed as accessor uses ' �>`as lave stations, Page 163 of 166 Setbacks, ExCeD fir t,-.jrot,-.jerties located within ).Errs Urban Commercial District verlav one. the fbilo zrru buil irru>_ setbacks shall aDIv to all s rLI trrrr"S On the sr(,)::rr"rty Includin" the ::rrrm ary strrrd r.rr tr. r trr rrr rrrEr tr. ,r.r r. Er , r r,e-uround storaue facilities, BuiIrPinu i de, - Wit) f e, e, ):: `C) BuIldirm, r.ur.r.. - It) free) () Automated crrr. wash, The entrance an automatic crrr wash shall be setback no less than Sr r-rr);�-fi%e ("I5'E freet from Errs s r t in or.rP r �.� )rs�; i fix, an ar. r. ��f � Eris Mar. c.Err rrirr > �� r.t,kirw) An �r.����r.ssor.. tr.rr)��.`car wash shall b ffrll� r.rr �,�r�rr.)I trid re cle all water used in the cgr k'rIs rim ---cess, Page 164 of 166 0 cYi U N U Diu rid (lidaN� aN aNN� ' I t -W aN aN aN H-flW i'I-aw aws o o Clod QST a a a Z -D i -D dffw Qrnd a hafidi £_d a a Z -x 6 1-ld V-1-ld VV-1-ld o. aP.uu w4 w wx� c7v *1 EXHIBIT— Use Matrix 4- 0 LO N c6 14.A. FUTURE AGENDA ITEMS 11/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/2015 REQUESTED ACTION BY COMMISSION: Review and appoint accordingly applications received for the CRA Advisory Board with the annual board appointments - December 15, 2015 EXPLANATION OF REQUEST: Commission to review applications received for the CRA Advisory Board and appoint accordingly at the same meeting that annual board appointments are made. Applications for the CRA Advisory Board will be accepted until positions are filled. 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 Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 10/30/2015 - 11:42 AM Howard, Tim Approved 10/30/2015 - 11:43 AM LaVerriere, Lori Approved 10/30/2015 - 11:47 AM Page 166 of 166