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Agenda 05-19-20
The City of Boynton Beach .r City Commission Agenda Tuesday, May 19, 2020, 5:30 PM GoToWebinar Online Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. st>> t www.boynton-beach.org Page 1 of 667 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, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on May 19, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item Page 2 of 667 number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 667 1. Openings A. Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Proclaim the week of May 17, 2020 as Water Reuse Week. Laura R. Corry, Regional Representative with South Florida Water Management District will be present to accept the proclamation. B. Announce that hurricane season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the hurricane season. C. Announce the Solid Waste Division will be holding its first Tire Amnesty Week for City Residents the week of June 1 st 2020 to June 5th 2020. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve task order UT-3E-02 with West Architecture + Design, LLC in the total amount of $86,040 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 to provide professional architectural and landscape design services for the design of a new public works facility. B. Legal expenses for April 2020 provided at the request of the City Commission. No action required. C. Accept the Inclusion Works Business Recognition Program quarterly report for January - March 2020. D. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the six(6) month period ended March 31, 2020, Unaudited. Page 4 of 667 E. Approve minutes from the City Commission meeting on May 5, 2020. 7. CONSENT BIDS AND PURCHASES OVER $100.000 A. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for May 19, 2020 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R20-041 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $141,502.00 for the continued maintenance and repair of the City's radio communications system. C. Proposed Resolution No. R20-042- Approve Piggybacking the Sourcewell Contract#022217- NW F with Verizon Connect NW F and authorize the City Manager to sign a piggy-back Agreement Approve issuance of a purchase order for an automatic vehicle location (AVL) system in the estimated amount of $105,000 with an annual cost of $67,000 and a one time set up fee of $38,000. The Sourcewell Contract #022217-NW F satisfies the City's competitive bid requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-011 - First Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). Proposed Ordinance No. 20-012- First Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to I PUD I nfill Planned Unit Development. B. Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. Applicant: Jarod Doros, J W D Builders. C. Proposed Ordinance No. 20-013- First Reading - Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Proposed Ordinance No. 20-014 - First Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. D. Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to I PUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staff's 21 recommended conditions of approval plus two additional Board conditions. E. Proposed Ordinance No. 20-015 - First Reading -Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. F. Proposed Ordinance No. 20-005 - Second Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). Proposed Ordinance No. 20-006 - Second Reading - Approve 7-Eleven 101 W. Woolbright Page 5 of 667 Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District. G. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (Continued from the May 5, 2020 Commission Meeting.) H. Proposed Ordinance No. 20-010 - Second Reading - Approve proposed amendments to Chapter 18, Article 111, Municipal Police Officers' Retirement Trust Fund; amending Sections 18- 164, 18-165, 18-169, 18-174, and 18-175. 1. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the June 16, 2020 Commission Meeting.) J. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the June 16, 2020 Commission Meeting.) 9. City Manager's Report A. Status update on the new monument sign at Tom Kaiser, USN Boynton Beach Veteran's Memorial Park B. Discuss July 4th festivities for 2020. 10. Unfinished Business - None 11. New Business - None 12. Legal A. Proposed Ordinance 20-016 - First Reading - Discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. B. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (Tabled to the June 16, 2020 Commission Meeting.) 13. Future Agenda Items A. ILA between the City and CRA for the BB Blvd. Extension Project Construction - $500,000 - June 2, 2020 B. ILA between the City and CRA for funding of the BB Blvd. Streetscape improvements- $205,000 - June 2, 2020 C. Funding agreement with FDOT for Complete Streets design of BB Blvd. improvement project - June 2, 2020 D. Provide update on potential sale of the Nichol's property to Pulte Homes- TBD E. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD F. Request by Mayor Grant to discuss Wellington's home based business regulations. - June 16, 2020 Page 6 of 667 14. Adjournment Notice lfa person decides to appeal to any decision made by the City Commission with respect to any matter considered at this moeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.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 ofa service,program or activity conducted by the city.Please contact the City Clerk's office,(561)742- 6060 or(MT 1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 667 1.A. OPENING ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 8 of 667 2.A. OTHER 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 9 of 667 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proclaim the week of May 17, 2020 as Water Reuse Week. Laura R. Corry, Regional Representative with South Florida Water Management District will be present to accept the proclamation. Explanation of Request: Florida Water Reuse Week highlights the importance of Water Reuse—the utilization of highly treated wastewater effluent for beneficial purposes—to the sustainability of Florida's water supply and ecosystem. Water Reuse Week was first celebrated in Florida in 2007, the year after DEP's Reuse Program was recognized by the EPA as a Leader in Water Efficiency. The Board of Trustees of WateReuse Florida in partnership with Florida Water Environment Association and FDEP supported the Florida's Governor in 2009 through 2013 in celebrating Florida Water Reuse Week around the third week in May. How will this affect city programs or services? Fiscal Impact: Alternatives: Not to proclaim the week of May 14, 2017 as Water Reuse Week. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Proclamation Proclamation Water Reuse Week Page 10 of 667 ---------------------------------------------------------------------------------------------------------------------------------- proe1arnbition WHEREAS,safe,clean and sustainable water resources are essential to Florida's environment,economy,citizens, and visitors;and WHEREAS, although Florida's water supplies are finite, the state's population and need for water resources continue to increase; and water reuse provides a means for conserving and augmenting Florida's precious water resources and is key to the state's sustainable water future;and WHEREAS,Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403,Florida Statutes,and WHEREAS, Florida has risen to be the national leader in water reuse -- reusing 797 million gallons of reclaimed water per day to conserve freshwater supplies and replenish our rivers,streams,lakes,and aquifers;and WHEREAS,Florida's permitted reuse capacity is almost 1.7 billion gallons per day(more than 65%of Florida's total permitted capacity for all domestic wastewater treatment facilities);and WHEREAS,WateReuse Florida,the state section of the WateReuse Association,has proclaimed the week of May 17, 2020 as Florida Water Reuse Week; and the City of Boynton Beach has joined with WateReuse Florida, the Florida Department of Environmental Protection,and the South Florida Water Management District in encouraging and promoting water reuse and conservation;and WHEREAS, the City of Boynton Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water;and NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the May 17-20,2020 as: W-OTeR ReU,§e W eeK the City of Boynton Beach is calling upon each citizen and business to help protect our precious water resources by practicing efficient and effective use reclaimed water. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach,Florida,the 19th day of May,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,City Clerk 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Announce that hurricane season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the hurricane season. Explanation of Request: Hurricane season begins June 1St and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the hurricane season. As a reminder residents should not do any major tree trimming or place bulk items at the roadside after the announcement of a named storm as there is no guarantee that vegetation or bulk items will be picked up before a storm arrives. As part of normal vegetation pick-up resident can place three (3) cubic yards of vegetation weekly to be set at the curb the day before their scheduled pick-up day. • Vegetation needs to be cut in 4' lengths and 4" in diameter. • The vegetation must be placed at the roadside leaving 3' around any obstructions, such as mailboxes, cars or recycling bins. • Bulk trash and vegetation must be separated for pick-up. • Any trash or debris mixed in with vegetation will have to be removed by resident prior to pick up. • Large tree stumps and trunks larger than 4' in diameter require a special pick up. If you have any questions you can contact the Solid Waste Division at (561) 742-6200, Monday— Friday, 7:30 a.m. to 4:30 p.m. How will this affect city programs or services? N/A Fiscal Impact: Budgeted N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: Page 12 of 667 Is this a grant? No Grant Amount: Page 13 of 667 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Announce the Solid Waste Division will be holding its first Tire Amnesty Week for City Residents the week of June 1st 2020 to June 5th 2020. Explanation of Request: Tire Amnesty Week will be held during the week of J une 1 st through J une 5th, 2020. During that week residents may place at the curb up to eight (8) car and/or passenger tires (with or without rims)for pick up. • Tires will be picked up on the scheduled bulk trash day in your neighborhood. • Tires must be placed at the edge of the road at least three (3)feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. • Keep tires and vegetation separated. If you have any questions you can contact the Solid Waste Division at (561) 742-6200, Monday-Friday, 7:30 a.m. to 4:30 p.m. If residents miss the June tire amnesty week, the Solid Waste Division will hold a 2nd tire amnesty week during the week of November 2nd 2020 through November 6th 2020. How will this affect city programs or services? N/A Fiscal Impact: Budgeted N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Is this a grant? No Grant Amount: Page 14 of 667 Page 15 of 667 5.A. ADMINISTRATIVE 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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 Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for May 19, 2020 Page 16 of 667 Appointments and Applicants for May 19, 2020 Building Board of Adjustments and Appeals 11 Hay Alt 2 yr term to 12/21 (Tabled 3) III Romelus Reg 2 yr term to 12/21 (Tabled 3) IV Penserga Reg 2 yr term to 12/21 (Tabled 3) Applicants: None Education and Youth Advisory Board IV Penserga STU NV 2 yr term to 12/21 (Tabled 3) Applicants: None Historic Resources Preservation Board III Romelus Alt 2 yr term to 12/20 (Tabled 3) 1 Katz Alt 2 yr term to 12/21 (Tabled 2) Applicants: None Library Board III Romelus Reg 2 yr term to 12/21 (Tabled 3) IV Penserga Reg 2 yr term to 12/20 (Tabled 3) Mayor Grant Alt 2 yr term to 12/21 (Tabled 3) 1 Katz Alt 2 yr term to 12/20 (Tabled 3) Applicants: None Page 17 of 667 6.A. CONSENTAGENDA 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approve task order UT-3E-02 with West Architecture + Design, LLC in the total amount of$86,040 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 to provide professional architectural and landscape design services for the design of a new public works facility. Explanation of Request: On July 24, 2019 staff initiated a purchase order (Phase 1)with West Architecture + Design, LLC to conduct a feasibility study and preliminary design to improve access along the C-16 canal to the existing public works facility at Rolling Green. This proposed access is a key component to the redevelopment of the rolling green site and mitigating City vehicles from having to drive through the Rolling Green neighborhood. On December 18, 2019 a meeting was held with SFW MD staff to discuss the proposed access and the preliminary plans. Based on the positive feedback from the meeting, staff is requesting to move forward with phase 2 which includes: • Programming and conceptual design of the new public works facility. • Public meetings to solicit input on conceptual designs. • Schematic design (30%) of new access road and new public works facility. • Rough order of magnitude cost estimate Staff recommends award to West Architecture + Design, LLC in the total amount of$86,040 which includes phase 1 ($18,820) and phase 2 ($67,220). How will this affect city programs or services? Fiscal Impact: Budgeted Funding for phase 1 and phase 2 are allocated in the following account and project in the C I P (Surtax). Account#303-4116-580.49-17 Project#GG1842 (Public Works Compound - Planning & Design) Alternatives: None Strategic Plan: Strategic Plan Application: Page 18 of 667 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Task Order Phase 1 Proposal - COMPLETE Task Order Phase 2 Proposal Location Map Location Map Page 19 of 667 Standard Form of Agreement Between Owner And Architect U . Project No. A19-029 Contract No. A19-029-01 Title New Facility for Issue Date 07-10-19 MOD-02 Boynton Beach Public Works 06-07-19 Address 515 NW 141h Ct Subject: Architectural and Engineering Services City, State, Zip Boynton Beach, FL s Contact Peter Ganci,Assoc.AIA,LEED AP BD+C Contact Andrew Mack, P.E.,CBO, LEED AP Title Principal Title Director of Public Works & Engineering Company West Architecture + Design, LLC Company City of Boynton Beach Public Works/Engineering Mailing P.O. Box 310, Address 820 N 4th St Address: Boynton Beach Florida, 33425 Physical 100 E. Boynton Beach Blvd. Address: Boynton Beach, Florida 33435 City, State, Zip Lantana, Florida 33462 City, State, Zip See above Phone 561-588-2027 Phone 561-742-6201 Email pganci(a_west-arch.com Email MacL&@ bfl.us 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. COMPENSATION 5. SCOPE OF THE AGREEMENT West Architecture + Design, LLC. 820 N 41h St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 1 of 6 Page 20 of 667 This project addresses the Client's need for the development of a new Public Works Facility on the existing Rolling Green site, located at 515 NW 141h Ct. Boynton Beach, FL. The project involves (1)task to determine the feasibility of the project. A. Task 1 —Programming and Conceptual Design of New Access Road on the SFWMD Canal R.O.W. Key tasks to the development include the following: Task 1 — Programming /Surveying/ Conceptual Design of New Access Road on the SFWMD Canal R.O.W: 1. PROGRAMMING SERVICES A. Coordinate with the Client to finalize the program requirements. B. Research Zoning and Land Development Codes for site requirements. C. Review the feasibility of tying into Seacrest Blvd., stabilizing the bank and installing a pre-cast barrier wall between the new road and the existing residential homes. D. Review the feasibility of providing site lighting for the new access road. E. Attend (2) meetings with South Florida Water Management District (SFWMD) and (2) meetings with the City of Boynton Beach to review the feasibility of the new access road. F. Coordinate with other applicable regulatory government agencies. 2. CONCEPTUAL DESIGN SERVICES A. Coordinate with the Client to finalize site design elements. B. Develop a conceptual Site Plan locating the access road, include the Site Data information on plans 1) Create a conceptual site plan of the new access road from N. Seacrest Blvd to existing Rolling Green site. Based on the Survey provided by the client. 2) Create a cross section including the canal, new road, site drainage, landscape buffer and sidewalk. Based on the Survey provided by the client. C. Provide a colored conceptual Site Plan for presentation purposes. OWNER•PROVIDED ITEMS 1. Unless stated otherwise, the Client shall provide copies of all tests, inspections, and reports required to complete the services, such as environmental surveys, or hazardous materials and/or other existing conditions reports. 2. The Client shall provide the Architect with a geotechnical analysis (soils report)and certified engineer's recommendation for use in the design of the structure. 3. The Client shall provide the Architect with percolation tests and analysis for use in the design (by others)of the drainage requirements, as required by code. 4. The Client shall provide the Architect with a set of documents representative of the existing conditions to be used as a basis of the services required. 5. The Architect shall be entitled to rely on the accuracy and completeness of the information provided by the Client, without independent verification of same. West Architecture + Design, LLC. 820 N 41h St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 2 of 6 Page 21 of 667 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services-provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. West Architecture + Design, LLC. 820 N 41 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 3 of 6 Page 22 of 667 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 4.1 For the Architect's Scope of Work described under Article 1,the Client shall compensate the Architect as follows: Compensation to be as follows: Task 1 — Programming /Surveying/ Conceptual Design of New Access Road on the SFWMD Canal R.O.W: Phase Sub-Total A. Programming Services $ 5,785 B. Conceptual Design Services $ 13,035 $ 18,820 4.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant's normal review practices. Architecture Firm: Principal Architect: $180/hr.; Project Manager$130/hr.; Senior Architect$120/hr.,Architect$100/hr.; Architectural CADD/Technician $80/hr.; Clerical/Administrative$50.00/hr.; Civil Engineer: Principal $200.00/hr., Principal's attendance at Public Meetings $250.00/hr., Senior Professional Engineer $125.00/hr., Project Manager$110.00/hr., Engineer Intern $110.00/hr., CADD Operator$100.00/hr., Technician $100.00/hr., Field Inspector$100.00/hr., Administrative Assistant$65.00/hr. 4.2 ADDITIONAL SERVICES: 4.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design,telecommunications/data,security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED®Certification, fast—track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 4.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 4.1.1. 4.2.3 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. West Architecture + Design, LLC. 820 N 4 1 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 4 of 6 Page 23 of 667 4.3 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Additional 2436 prints @ $1.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services,teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Minting, reproductions, plots, standard form documents; 6. Postage, handling and delivery; 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 9. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 10. All taxes levied on professional services and on reimbursable expenses; 11. Site office expenses; and 12. Other similar Project-related expenditures. 4.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%)of the expenses incurred. 4.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. 4.5 PAYMENTS TO THE ARCHITECT 4.5.1 An initial retainer payment (as stated in section 4.1, Compensation)shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Client's account in the final invoice. 4.5.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice date shall bear interest at the rate of one point five percent (1.5%)per month. 4.5.3 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 4.5.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Client at mutually convenient times. West Architecture + Design, LLC. 820 N 41 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 5 of 6 Page 24 of 667 • •" • e 5.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year f rst written above, Client: Architect: City of Boynton Beach West Architecture + Design, LLC Public Works/ Engineering Andrew Mack, PE., CBO, LEED AP Peter Ganci,Assoc. AIA, LEED AP BD+C Director of Public Works/Engineering Principal (Signature) (Date) (Signature) (Date) West Architecture + Design, LLC. 820 N 4 I St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 6 of 6 Page 25 of 667 L y' O J , N (D M LL N ED X U O 4 O O N m ca (D > O m i Q O Q d p L B m T O m _T (C) U (C) 4- 0 N a N (D E « O) z C-4 aV 2 t E o v Q U d W O m 0 N 0 J S LL _T d L V O C)I0 0 0 0 0 0 O e_�n R m y,y ui O LO Ui O LO O +O+ mc:Q- G O N w V' M W LO co tC N 0 O O O CO CO O � CO 61 T N T Y lCJ N N N n _ N Q LYI m c 69 60, 60,69 60,60,69 60, 60,69 60, 60, 69 60, 60, 69 O O O O O O O O O O N O O O O O O O O O O O (D CO M CO M CO M CO M CO M d Vfl Vfl Vfl Vfl 60, 60, 60, 60, 60, 60, N O y ` Z y CI � w d H Q U 0 u O _ 0000000 000000 O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O Y O LO O LO O O O O O O O bOA Ln Ln Coco 0 0 0 0 0 0 O N O O O M O O O O O O N •N m N Cl) 69 69 69 LO co O 69 69 69 LD N i — — Ln W CJ O O Co co n N O co m }+ a n Ln 69 609 � 9 6 O O C6 ` Y •f• N o E 69 69 69 N W NOI'D ��-I IOp O = f6 V u m 0000 m Q..'u � c rn-a�� _ � a� c0 a� � M a� - M a� � � :a v m Ln Q ;, co . co Lo co rn rn rn ,� rn 2- rn 0 L a+N J 00 O �O, '� E E '� E Ol N cu cc cu U. :: CU H S LL O Ln 'vr E O N E O N 'N LD (D N N (D R (D i �Ln ZK; N � LLJ N � Lu a tib tib � ti � � Li 2 E ti a N o a Z a Ln O v d N O v d N + a "' a y 0 €, O C O X N CL U O Q U O w C) C C) C) " C) () Q. N -C I.Ll L1 a) Q , U L1 a) Q U 0) o a1 0 � o � o .. o OO J LL LLW Ll Ll C c cu w a� a� w a� a� c 0 p p U "s' .. 3 O C R CL 0 O C R V cc E w '.CL O—+ '.O—.� w m EUH m D0 cu UH Q E E N C C L L C •� � i`� .� V t U - t U O d i O V V O U) Co > O � CO a U Cl) N U U) v cn plot i !mom �� o ul zUJYV �t tfr s t r 3 t t t lu ED %f r it a Y J s k14`I r �y Standard Form of Agreement Between Owner And Architect U . Project No. A19-029 Contract No. A19-029-02 Title New Facility for Issue Date 04-01-20 Boynton Beach Public Works Address 515 NW 141h Ct Subject: Architectural and Engineering Services City, State, Zip Boynton Beach, FL s Contact Peter Ganci,Assoc.AIA,LEED AP BD+C Contact Andrew Mack, P.E.,CBO, LEED AP Title Principal Title Director of Public Works & Engineering Company West Architecture + Design, LLC Company City of Boynton Beach Public Works/Engineering Mailing P.O. Box 310, Address 820 N 4th St Address: Boynton Beach Florida, 33425 Physical 100 E. Boynton Beach Blvd. Address: Boynton Beach, Florida 33435 City, State, Zip Lantana, Florida 33462 City, State, Zip See above Phone 561-588-2027 Phone 561-742-6201 Email pganci(a_west-arch.com Email MacL&@ bfl.us 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. COMPENSATION 5. SCOPE OF THE AGREEMENT West Architecture + Design, LLC. 820 N 41h St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 1 of 7 Page 28 of 667 This project addresses the Client's need for the development of a new Public Works Facility on the existing Rolling Green site, located at 515 NW 141h Ct. Boynton Beach, FL. The project involves (2)tasks to determine the feasibility of the project. A. Task 2—Programming and Conceptual design of the New Public Works Facility. B. Task 3-Schematic Design (30%)of New Access Road and New Public Works Facility Key tasks to the development include the following: Task 2— Programming /Conceptual Design of New Public Works Facility Based on the outcome of the Task 1,the following steps will be provided. 1. PROGRAMMING SERVICES A. Coordinate with the Client to finalize the site and building program requirements. 1) Develop a master program for the site. 2) Develop the space programming for each individual buildings. B. Research Zoning, Land Development Codes, Building and Fire Codes for site and building requirements. 2. CONCEPTUAL DESIGN SERVICES A. Develop a conceptual Master Site Plan locating the buildings, driveways, parking, sidewalks and landscape areas, include the Site Data information on plans, based on the programming of the site. B. Provide parking tabulations C. Develop conceptual Floor Plans comprising the agreed upon programming spaces. D. Provide a colored conceptual Site Plan and colored Floor Plans for presentation purposes. Task 3—Schematic Design (30%.) of New Access Road and New Public Works Facility 1. SCHEMATIC DESIGN SERVICES (New Access Road) A. Project Coordination. 1) Coordinate with the Client and Consultants to finalize site design elements. 2) Attend (2) design meetings with client. B. Site/Civil Plan 1) Site plan of the project showing location of all roads and landscape buffers/areas. 2) Clear delineation of the project limit lines 3) Preliminary spot elevations 4) Existing utilities noted 5) Proposed utilities noted 6) Site drainage, storm water removal or detention noted 7) Identify code/zoning requirements 8) Conformance to zoning restrictions for easements and setbacks, etc. 9) Preliminary Geotechnical soils and boring surveys. (BY OTHERS) 10) If required, environmental impact study. (BY OTHERS) 11) Provide information/ details for stabilizing the canal bank, if required. West Architecture + Design, LLC. 820 N 41h St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 2 of 7 Page 29 of 667 2. SCHEMATIC DESIGN SERVICES (New Public Works Facility) A. Project Coordination. 1) Coordinate with the Client and Consultants to finalize building design elements. 2) Attend (2) design meetings with client. B. Site/Civil Plan 1) Site plan of the project showing location of all buildings, roads, parking and landscape buffers/ areas. 2) Clear delineation of the project limit lines 3) Preliminary spot elevations 4) Existing utilities noted 5) Proposed utilities noted 6) Site drainage, storm water removal or detention noted 7) Identify number of parking spaces and code/zoning requirements 8) Provisions for trash disposal and removal by truck. 9) Conformance to zoning restrictions for easements and setbacks, etc. 10) Preliminary Geotechnical soils and boring surveys. (BY OTHERS) 11) If required, environmental impact study (BY OTHERS) C. Conceptual Building Floor Plans 1) Plans of all floors showing structural grid, vertical circulation elements, core elements, vertical shafts, interior partitions, door and window locations, floor elevations 2) Key dimensions, bay sizes and overall dimensions 3) Plan indicating major extent of materials and any special conditions or equipment 4) Room names 5) Area summary 6) Accessibility routes D. Roof Plan 1) Structural grid 2) Roof material 3) Preliminary drains and slope E. Conceptual Building Sections 1) Major sections through building to show relevant conditions 2) Structural grid 3) Building to grade relationship 4) Floor to floor and floor to ceiling heights 5) Material designations F. Conceptual Building Elevations 1) Coordinate with the Client to finalize exterior architectural design features. 2) Research the existing neighborhood for existing architectural styles and the City code for the required Architectural guidelines. 3) Develop the Exterior Elevations detailing the architectural elements based on the previous approved Site Plan and Floor Plans from the Programming /Conceptual design phase of the project. 4) Provide a colored Exterior Elevations for presentation purposes. 5) Major elevations with extent of doors, glazing indicated 6) Major materials identified 7) Floor lines, roof line and top of parapets indicated with dimensions 8) Finished grades clearly shown West Architecture + Design, LLC. 820 N 41 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 3 of 7 Page 30 of 667 3. CONCEPTUAL COST ESTIMATE A. Coordinate with the Client to finalize budget related items. B. Research the existing building types and current cost data for similar buildings. C. Develop a Conceptual Cost Estimate based on the previous approved Site Plan, Floor Plans and Exterior Elevations of the Programming, Conceptual and Schematic Design phases of the project. D. Provide a final Conceptual Cost Estimate for presentation purposes. OWNER•PROVIDED ITEMS 1. Unless stated otherwise, the Client shall provide copies of all tests, inspections, and reports required to complete the services, such as environmental surveys, or hazardous materials and/or other existing conditions reports. 2. The Client shall provide the Architect with a geotechnical analysis (soils report) and certified engineer's recommendation for use in the design of the structure. 3. The Client shall provide the Architect with percolation tests and analysis for use in the design (by others)of the drainage requirements, as required by code. 4. The Client shall provide the Architect with a set of documents representative of the existing conditions to be used as a basis of the services required. 5. The Architect shall be entitled to rely on the accuracy and completeness of the information provided by the Client, without independent verification of same. 0 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services-provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. West Architecture + Design, LLC. 820 N 4 1 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 4 of 7 Page 31 of 667 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 4.1 For the Architect's Scope of Work described under Article 1,the Client shall compensate the Architect as follows: Compensation to be as follows: Task 2— Programming /Conceptual Design of New Public Works Facility Phase Sub-Total A. Programming Services $ 6,450 B. Conceptual Design Services $ 22,180 $ 28,630 Task 3—Schematic Design (30%.) of New Access Road and New Public Works Facility Phase Sub-Total A. Schematic Design (New Access Road) $ 4,700 B. Schematic Design (New Public Works Facility) $27,890 C. Conceptual Cost Estimate $ 6,000 $ 38,590 Sub-Total of Tasks 2 and 3 $ 67,220 First Progress Payment (to start work) $ 16,500 West Architecture + Design, LLC. 820 N 4 1 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 5 of 7 Page 32 of 667 4.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant's normal review practices. Architecture Firm: Principal Architect: $180/hr.; Project Manager$130/hr.; Senior Architect$120/hr.,Architect$100/hr.; Architectural CADD/Technician $80/hr.; Clerical/Administrative $50.00/hr.; Civil Engineer: Principal $200.00/hr., Principal's attendance at Public Meetings $250.00/hr., Senior Professional Engineer $125.00/hr., Project Manager$110.00/hr., Engineer Intern $110.00/hr., CADD Operator$100.00/hr., Technician $100.00/hr., Field Inspector$100.00/hr., Administrative Assistant$65.00/hr. 4.2 ADDITIONAL SERVICES: 4.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design,telecommunications/data,security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED®Certification, fast—track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 4.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 4.1.1. 4.2.3 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. 4.3 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Additional 2436 prints @ $1.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services,teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Minting, reproductions, plots, standard form documents; 6. Postage, handling and delivery; 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 9. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 10. All taxes levied on professional services and on reimbursable expenses; 11. Site office expenses; and 12. Other similar Project-related expenditures. West Architecture + Design, LLC. 820 N 41 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 6 of 7 Page 33 of 667 4.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%)of the expenses incurred. 4.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. 4.5 PAYMENTS TO THE ARCHITECT 4.5.1 An initial retainer payment (as stated in section 4.1, Compensation)shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Client's account in the final invoice. 4.5.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice date shall bear interest at the rate of one point five percent (1.5%)per month. 4.5.3 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 4.5.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Client at mutually convenient times. • •- . ' 5.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year f rst written above, Client: Architect: City of Boynton Beach West Architecture + Design, LLC Public Works/ Engineering Andrew Mack, PE., CBO, LEED AP Peter Ganci,Assoc. AIA, LEED AP BD+C Director of Public Works/Engineering Principal (Signature) (Date) (Signature) (Date) West Architecture + Design, LLC. 820 N 4 1 St., Lantana, Florida 33462/Phone: 561-588-2027/Fax: 561-582-9419 License No.AA26001503/www.west-arch.com Initial. / Page 7 of 7 Page 34 of 667 L Y O J — , U U — LL O :3 M M M N m � x U 4 O N O m a) Gb m ' Q O Q LL O (0 B 2 m > O O Cfl _ m M U06p 4— CN 0 N LO Y .19 cli N CO N N 69 ar N o 0 0 0 O o 0 0 0 0 0 0 0 0 0 O O o Z N :a o " o o o 0 0 0 0 o c a y fn al __ I— Cl) V I O O a O) N 'a . O R �" Y r N CO V co U) NE ca V Q u d W fn h 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 O N 0 0 0 0 0 0 O ca O 0 0 0 0 0 0 O CL CO CO O CO N V .L N N O C" I� O Q Y O N V rN Q R U- y t a 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 R N al i a3 D O mO 00 rn a �: c NO ..0.• O 7 O ca Q m d m N r Y O O O R O O O O O O O O O O O O O O O O O O O O V W N i O O O O O O O O O O LL V n N � � � � � � � � co m N V n _ LO r CO R a) 69 69 69 ca Qw 69 69 69 69 69 69 69 69 69 69 N 000000 000000 O 00 00 00 O O O LO LO 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O Cl Cl Cl Cl Cl 00 0 O a0.+ 000000 000000 O OO OO 000 N (fl r- le Z U) a0.+ 69 69 -4 M O QM1 69 69 N CD 69 COO 0 M N M N U) V y Cl) M O a0.+ 69 669 CN 691 69 69 69 6 y a` i= ¢ v x°O � 0 0 0 0 0 0 0 0 0 0 0 0 o OO O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 o O O O O O O O O O O O 000000 000000 0 Kiri X00 00 0 0 0 o is O 69 69 69 N 69 CM 69 69 69 N m CO N O LO LO co N 691 CN 691 4119cm 691 69 O R 'U' C = ~ J a V� M ` Wv o m 4.0 0 ^ U') T N } N c _ a) O Ol O 01 a EE O i �N4 O R v m Q ""' a3 .- 6 (a .- az fl rn fl o fl- rn v .fl- rn D- rn M 0) _ o _;a Q - Q - c c c c yr c c iy c c .. c c V ate-+LL Z n i f6 N LL N N LL N N M M al a3 a3 R a3 Q d aj �a N W rn� O -o � U') o a) 0) o �UaQ U O LL � • LL �� QV LL �� �a LL dy oXa ; LL a) Q 0 0N0L .— ": O ( d i a) C) Q a) C) c- R R UC.) Y C) U Y L V V 0 a R R a r E U N EU N Q w E E w U)•N E a) s _ E a) s - rn s s c c x� s a, a, o w ° O O � cn Cl) > SCO Cl) F- u U (n plot i !mom �� o ul zUJYV �t tfr s t r 3 t t t lu ED %f r it a Y J s k14`I r �y plot i !mom �� o ul zUJYV �t tfr s t r 3 t t t lu ED %f r it a Y J s k14`I r �y 6.B. CONSENTAGENDA 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Legal expenses for April 2020 provided at the request of the City Commission. No action required. Explanation of Request: Most recent invoices for outside counsel through Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Goren Cherof Doody & Ezrol April 2020 Invoices D Attachment Goren Cherof Doody & Ezrol April 2020 Risk Litigation invoices D Attachment Outside Counsel March 2020 Risk I nvoice (Jean-Baptiste) Page 38 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0603180 Suite 101 STATEMENT NO: 31128 Boynton Beach FL 33426 Attn: Lynn Swanson LABOR- General HOURS 04/03/2020 SHB Attend WHD webinar on FFCRA. 0.50 04/06/2020 SHB Receive and review new grievance; discuss with Oldbury. Review contract provisions. Review grievance response and follow up with Oldbury. 1.20 04/08/2020 SHB Telephone conference with Oldbury re: pending matters. 0.30 04/16/2020 JAC Review Julie Olbury correspondence regarding Pension amendment and drop plan/ communication with Bonni Jensen; review back up records regarding same. 0.70 04/24/2020 SHB Discuss return to work policy and procedure. 0.30 FOR CURRENT SERVICES RENDERED 3.00 615.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 SHANA H. BRIDGEMAN 2.30 205.00 471.50 TOTAL CURRENT WORK 615.00 BALANCE DUE $615.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 39 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0806020 Suite 101 STATEMENT NO: 31129 Boynton Beach FL 33426 Attn: Lynn Swanson Red Light Cameras HOURS 03/30/2020 PE Sort organized and prepared Boynton notices for 4/15/20 hearing 1.20 04/02/2020 PE Prepared 22 Boynton pro se notices for 4/14/20 hearing, 2.50 PE Sort organized and prepared Boynton notices for SHB approval 1.20 04/03/2020 PE Converted 50 Boynton notices to PDF/A for 4/14/20 hearing 0.70 04/04/2020 PE Prepared 28 Boynton notices for SHB approval. Converted 50 Boynton notices to PDF/A, changed the date on 22 documents, e-filed 50 documents. 11.30 04/06/2020 SHB Follow up with Gibson re: administrative hearings. Check court Administrative Orders re: traffic hearings. Telephone conference with Mills re: status of upcoming trials and new subpoenas. Discuss with JAC and MDC. Review and approve NOls. 2.20 04/09/2020 PE Prepared 19 Boynton pro se notices for 4/14/20 hearing 0.80 SHB Review and approve NOls. 0.20 04/13/2020 PE Prepared 2 Boynton notices for 4/28/2020 hearing for SHB approval. Updated SHB calendar. Updated tracking log. 1.60 04/14/2020 PE Converted 2 Boynton notices for 4/28/20 hearing to PDF/A, sent pro se notice to be mailed. E-filed notices. 1.00 SHB Review and approve NOls. 0.20 04/16/2020 SHB Receive and review order on fines; transmit to PD. 0.10 04/22/2020 PE Prepared 1 Boynton notice for 5/6/2020 hearing for SHB approval. Updated tracking log. 0.50 SHB Review and approve NOls. 0.10 04/23/2020 PE Converted 1 Boynton notice to PDF/A and e-filed. 0.30 SHB Review and approve NOls. 0.10 04/27/2020 PE Prepared 3 subpoenas for Boynton for 5/12/20 hearing for SHB approval. 0.20 04/28/2020 SHB Review and approve NOls. 0.10 FOR CURRENT SERVICES RENDERED 24.30 3,277.50 Page 40 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-0806020 STATEMENT NO: 31129 Red Light Cameras RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.00 $205.00 $615.00 PATRICIA EUGENE 21.30 125.00 2,662.50 Photocopies 7.35 TOTAL EXPENSES THRU 04/30/2020 7.35 TOTAL CURRENT WORK 3,284.85 BALANCE DUE $3,284.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 41 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9001821 Suite 101 STATEMENT NO: 31130 Boynton Beach FL 33426 Attn: Lynn Swanson General Matters HOURS 04/01/2020 QEM Telephone conference with Ms.Slater re: Boynton public records request; review of law and discuss matter with Ms. Slater. 1.40 JAC Review landfill closure notice of extension of permit and research same; Prepare for budget document submission, conference call with Lynn Swanson regarding same, update forms; Agenda item review; Follow up with clerk regarding public access to meetings; discuss with Jacob Horowitz. 5.80 SHB Receive and review Governor's Executive Order 20-91. Various correspondence and discussions with other municipalities and police legal advisors re:: effect and enforcement of Order. Begin drafting memo to client. 0.50 04/02/2020 SMS draft Agreement with SFA for feasibility study; draft MOU with Sports Commission; correspondences related to terms and provisions of Agreement with SFA 0.80 SHB Continued discussion and correspondence re application and effect of EO 20-91; receive and review EO 20-92. Attend webinar re effect and enforcement of FFCRA and EO 20-91. Continue drafting memo to client. Watch Governor's press conference; revise memo to client. Receive and review EO 20-93 and 20-94. 0.80 JAC Review pending assignments and procurement bid opening and RFP ranking issues; access of public and alternatives; Evaluate emergency orders, local state, regarding places of worship and gatherings; discuss same with City Manager; review textile recycling issue and notice of termination/non-payment; review status of sports facility transaction and discuss with Sean Swartz; email with Andre Parke regarding textile recycling letter. 5.20 04/03/2020 QEM Review of notes and follow-up with staff re: Motorola contract. 0.50 SMS draft ILA with Delray Beach for SE 36th Ave 0.90 SHB Discuss EO 20-91 and 20-92 with MDC. Receive and review various correspondence from Governor's counsel re impact and application of EO 20-91 and 20-92. Revise, finalize, and transmit memo to client. Receive and review Division of Elections Emergency Rule regarding qualifying. 0.40 JAC commission meeting prep/notices and discussion with staff; additional places of worship research and enforcement options re: Orders; prep for and conference call re: Cortina dog park agreement; review business incubation agreements; 3.60 04/06/2020 SMS draft ILA with Delray Beach for Engineering design at 36th ave; call with staff on ILA with Delray Beach 2.80 Page 42 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31130 General Matters HOURS JAC Conference call re: Routeware contract& review same for cancellation for convenience provisions; Call with Crystal Gibson re: library job site issue and cleaning options; Participate in Go-To-Webinar staff meeting; Review agenda items; Review Grievance-Cruise leave; Review tort defense cases-misc pleadings. 6.30 04/07/2020 SMS draft revise ILA with delray beach; review Delray Beach's revisions to ILA for engineering design 1.50 JAC review agenda items; calls to LS re: resolutions and pending assignments; general office administration issue re: budget 3.20 04/08/2020 SMS correspondences with staff related to ILA with Delray Beach 0.40 JAC Review and discuss agenda matters with Lynn Swanson; Preview cinema public meeting regarding City Hall maintenance contracts and email with Randy Wood's regarding improvement process; Review grants to local businesses agenda item an email with Mara Frederiksen regarding same; Prepare for landfill closure telephone conference with 'Tim Perry/review documents from JD; Review interlocal agreement with Delray Beach. 5.60 04/09/2020 JAC Telephone conference call with Tim Perry regarding landfill closure order; follow up call with Colin Groff;Review traffic agreement for Renaissance Commons Boulevard; review agenda items; review assistance CityAttorney work in progress/miscellaneous matters; call with Sherry S re: QPODD maintenance ILA 5.00 04/10/2020 JAC Review assistance City Attorney assignments and work progress; review pleadings in tort defense cases; agenda review; Mock city commission meeting tele-conference and follow up on same; review notice of meeting publication issues with city clerk and Randy Wood. 3.50 04/13/2020 SMS review CRA title work and BB procedures for dedication of 10' ROW 1.40 JAC Review, revise, and approve agenda items. 3.40 SHB Receive and review County order regarding racial coverings. 0.20 04/14/2020 SHB Attend public RFQ meeting for RFQ 008-2821-20TP. 0.50 RLL Review prior title information on property owned by Boynton Beach CRA and client's request for ten foot dedication; order title search on property to be dedicated. 0.80 SMS correspondences related to dedication of ROW at 1st st. and review of provided documents survey and legal descriptions 1.10 JAC Continue agenda review; conference call regarding joint City and CR a meeting agenda; calls with City Clerk and Michael R. regarding planning and development board notice of meeting format. 2.20 04/15/2020 SMS correspondences related to ROW dedication at NE 1st 0.20 JAC Review agenda items; review pilot agreement template; review FPL easement issue; Review Echols status and call with HN; 2.50 04/16/2020 JAC Additional agenda item review and approval; review staff issues regarding recreational programs; review Citizen issue regarding use of facemasks and discuss with SB for email to chief; review and sign Beckford temporary employment letter; review purchase request Michael Marano; discuss same with Heather Needleman; 3.70 Page 43 of 667 Page: 3 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31130 General Matters HOURS SHB Receive and review inquiry re: enforcement of emergency orders. Research and discuss with JAC. Follow up with Gregory and Laverriere. 1.00 04/17/2020 JAC Telephone conference call mock city commission meeting; review final agenda and prep for city commission meeting; review correspondence regarding textile recycling proposal; review Mildred corporation, a.k.a. Z food and meat market order to show cause and discuss with MC and QM; Call with Julie Oldbury regarding PBA pension/DROP code rewrite issue; review Lynn Gelin email regarding modification of ILA To include construction phase;obtain GD Input on the same 4.20 SMS correspondences and drafting of ILA with Delray Beach for SE 36th Ave 1.70 04/20/2020 SMS correspondences related to title work; review title work for NE 1st st dedication 0.80 SMS review documents for purchase of Half Moon Bay lift station; draft Asset Purchase Agreement with Half Moon Bay for acquisition of Lift Station 1.40 JAC Telephone conference call with CityManager and staff to review agenda for commission meeting; follow up with GB re contract enforcement, breach, and duty of cooperation; review/research Colin G email regarding deviation from notice of commencement procedures; review mobile home park individual meter and utility account arrears issue with M. Cirullo 3.50 RLL Review title work received on ten foot dedication property on NE 1 st Street from the BBCRA to the City. 0.50 04/21/2020 JAC prep for and participate in city commission meeting; pending assignment review with LS; reviewers routeware response; review Cortina Park maintenance email; contract review grossly negligent revision 5.50 SMS revise ILA with Delray Beach for engineering design of NE 36th 1.00 GB Reviewed edits to RFP Agreement and drafted response regarding changes made by Provider to indemnity clause. 0.90 SHB Review and revise reasonable accommodation agreement. Follow up with Swanson re: pending matters. 1.30 SMS draft purchase Agreement with Half Moon Bay for lift station 0.50 04/22/2020 SMS correspondences and revisions to ILA with Delray Beach for NE 36th Ave; review documents for Development Agreement with Knuckles about utility easement 2.60 JAC Commission meeting follow up; follow up with Quinton Morgan regarding BTR and certificate of use work out and order to show cause; Review procurement department pending matters; discuss contract revision proposal for Park mobile; 3.20 04/23/2020 DS Reviewed draft ordinances for Harvey Park and Advisory Boards and Committees. Drafted email to City re: Harvey park and Advisory Boards and Committees. 0.50 SMS calls with City Staff on amendment to Developer's Agreement; draft Second Amendment to Developer's Agreement and review of Developer's Agreement and First Amendment; revise ILA with Delray Beach for SE 36th Ave 1.80 04/24/2020 SMS draft Second Amendment to Agreement with Knuckles LLC 1.40 JAC Review pending contracts; review status of CAO assignments and assistant CityAttorney updates on work in progress 2.80 SHB Review statutory requirements for victim privacy and domestic violence reporting; follow up with PD. 0.70 Page 44 of 667 Page: 4 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31130 General Matters HOURS 04/27/2020 QEM Review and evaluation of cell tower issue raised by City Engineer; preparation of email correspondence to City Engineer re: matter. 1.80 IR COBB/State Farm Subrogation / Paul Green, former COBB employee: Receipt and review of email from Richard Ignoffo, Human Resources and Risk Coordinator with the City of Boynton Beach, along with attachments thereto; reviewed State Farm's indemnification correspondence to the City dated April 7, 2020; receipt and review of email from TAD regarding same; 0.40 JAC Review procurement pending items; Review budget issues; review Girl Scout park status; research and draft regarding electronics signature policy and procedure 2.80 SHB Reasonable accommodation: Receive and review additional agreement revisions; follow up with Lynne and Rumpf. Receive and review Miami-Dade and Palm Beach orders regarding reopening. 0.60 04/28/2020 SMS review sketch and legal for 10' CRA dedication; draft CRA dedication for 10' ROW 0.60 SHB Reasonable accommodation - Receive and review signed agreement. Various correspondence with Lynne and City staff re: final agreement. 0.60 JAC Agenda review; follow up on electronics signature policy; prep for and attend by CMT planning and development board meeting; review documents and discuss route where termination with Randy Wood and Lynn Swanson; call from Bonnie Miskel regarding Boynton Beach Mall land development issues; 6.80 04/29/2020 IR Receipt and review of emails from City of Boynton Beach Risk Manager, Richard Ignoffo, III enclosing potential new matters: Re: Boynton Beach Police Officer Aaron Kromrey and accident of April 4, 2020 [per TAD, no action needed]; receipt and review of emails from Richard Ignoffo, III, RE: Evangelina Kambouris resulting from alleged property damage, on 2 dates, within the City from April 14, 2020 and April 19, 2020 and reviewed attachments, including photographs thereto; 1.10 SMS draft Dedication of Land at NE 1st Street 1.40 RLL Review and revise dedication of ten foot right of way agreement for NE 1st Avenue. 0.50 JAC draft termination for convenience letter follow up to routeware; agenda review and approval; review status of surface parking issues for town Square; review agreement with QPODD regarding maintenance, follow up for agenda inclusion; 4.30 04/30/2020 JAC Review small business loan promissory note issues; emails regarding same; additional agenda for review and approval; Review and notate Police Department security detail piggyback contract; 4.00 JAC continue draft of written offer of proof outline for impasse hearing 1.00 HN Research as to whether the City's loans to small businesses is exempt from the Florida documentary stamp tax. Review of Chapter 201, Florida Statutes, review of Governor Desantis' executive orders related to the coronavirus, review of the Florida Department of Revenue's guidance and forms related to the Florida documentary stamp tax. Review of the CARES Act. Follow up email to JAC with legal analysis. 2.70 SMS correspondences and review related to Second Amendment to Developer's Agreement at Taco Bell location 0.30 SHB Reasonable accommodation: various correspondence with City and Lynne re: final approvals and processing. Receive and review executive order 20-112 and various implementation guidance from Governor. 1.00 Page 45 of 667 Page: 5 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31130 General Matters HOURS FOR CURRENT SERVICES RENDERED 129.40 17,937.50 TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 46 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9304150 Suite 101 STATEMENT NO: 31131 Boynton Beach FL 33426 Attn: Lynn Swanson Bankruptcy HOURS 04/20/2020 KLE Review documents from Lynn Swanson re: Karina Elgohary, review PACER, research, emails to and from Lynn Swanson. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904950 Suite 101 STATEMENT NO: 31132 Boynton Beach FL 33426 Attn: Lynn Swanson Litigation Miscellaneous HOURS 04/01/2020 GB Telephone conference call with JAC and TAD Regarding case status update. 0.40 TAD Confer with JAC and GB re: status of cases and claims. Receipt of correspondence re: case information and prepare correspondence re: same. 0.80 04/02/2020 TAD Receipt and review of correspondence from Florida Bar re: requested information re: closed mater (Pinkney). Review file and prepare response to same. 0.40 04/08/2020 TAD Receipt and review of records request and review issues with response and documents. Receipt of correspondence re: release. Review accident report and incident report. Prepare revisions to release and prepare correspondence re: same. 1.90 04/09/2020 JAC review weekly update report and audit pleadings 0.80 SHB Palma -various correspondence and call with JA and PD re: case matters; receive and review police report. Check in-custody status. 1.00 04/13/2020 TAD Receipt and review of discovery issues re: pending litigation issues. Receipt of correspondence from City re: claim information and prepare response to same. 0.60 SHB Follow up re: plea conference hearing. Review court docket, Telephone conference with APD Johnson re: settlement. 0.60 04/16/2020 TAD Receipt and review of correspondence re: document production. Prepare correspondence re: same. 0.30 04/20/2020 BJS Review new forfeiture with follow up legal research and draft response to City staff 0.70 04/21/2020 BJS Review correspondence re: forfeitures and draft follow up re: Brenton Ramsey, review correspondence re: Tribune 0.30 TAD Receipt and review of correspondence re: claim and information from TPA re: issues. Prepare correspondence to City re: same. Receipt of correspondence and additional claim information including incident report and records. Confer with City re: information on claim for demand. 0.80 04/23/2020 TAD Receipt and review of information re: claim for subrogation from Green insurer. Review claims with Green for information and prepare correspondence re: same. Telephone conference with the City re: Page 48 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 31132 Litigation Miscellaneous HOURS preservation request and records request. Receipt of incident report, claim letter with preservation request and records from City re: response to request. Receipt of correspondence from City Fleet re: repairs and records. 1.80 04/24/2020 BJS Draft follow up correspondence re: pending forfeiture, telephone call with Tom D'Andrea 0.40 TAD Receipt and review of correspondence re: claim information including incident report and correspondence. 0.30 04/27/2020 BJS Telephone call with Tomas D'Andrea and follow up re: Forfeitures 0.70 JAC review torque defense pending matters, pleadings, and discovery activity 1.40 04/28/2020 BJS Review correspondence re: Tribune appeal, telephone call with Chief Snow 0.60 TAD Receipt and review of correspondence from City re: commissioners. Review information on claim re: damage to city property. Telephone conference with City IT re: status of claim and information for demand letter. Prepare correspondence to Church re: damage to City property. 1.10 04/29/2020 TAD Receipt and review of correspondence re: police accident claim and accident information. Prepare correspondence re: same. Receipt of correspondence re: release and prepare correspondence re: same. 0.60 04/30/2020 BJS Draft follow up correspondence to Tom D'Andrea re: Forfeitures 0.20 FOR CURRENT SERVICES RENDERED 15.70 3,218.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.20 $205.00 $451.00 GAL BETESH 0.40 205.00 82.00 SHANA H. BRIDGEMAN 1.60 205.00 328.00 BRIAN J. SHERMAN 2.90 205.00 594.50 TRACEY A. DECARLO 8.60 205.00 1,763.00 TOTAL CURRENT WORK 3,218.50 BALANCE DUE $3,218.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 49 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905154 Suite 101 STATEMENT NO: 31133 Boynton Beach FL 33426 Attn: Lynn Swanson Acquisition of Royal Manor Mobile Home Estates portable water and sewer system utilities HOURS 04/20/2020 MDC Review materials, correspondence; phone conference with Barb Conboy; phone conference with JAC. 1.00 04/21/2020 MDC Review materials on utility accounts, review Utility Agreement for Royal Manor; t/c with Barb Conboy about individual utility accounts;t/c with Jim Cherof; prepare and forward correspondence to David Eastman. 2.30 04/23/2020 JAC Telephone conference call With Mike Cirullo regarding status of indebtedness to city 0.40 04/24/2020 JAC Review documents and transaction; evaluate payment/non-payment settlement and options 1.50 FOR CURRENT SERVICES RENDERED 5.20 1,066.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.90 $205.00 $389.50 MICHAEL D. CIRULLO 3.30 205.00 676.50 TOTAL CURRENT WORK 1,066.00 BALANCE DUE $1,066.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 50 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905263 Suite 101 STATEMENT NO: 31134 Boynton Beach FL 33426 Attn: Lynn Swanson Town Square Development HOURS 04/03/2020 DJD Coordinate with Cindy Laquidara and Tim Perry, shade session related issues. 0.70 JAC follow up on P&S agreement and JKM commitment; review/evaluate contractors force majeure notice issues 1.50 04/06/2020 RLL Order and receive updated title work; further work to update and finalize opinion of title on Parcel 1. 1.00 SMS research on attachment of judgment to municipal property 1.20 JAC Staff conference call re: temporary parking and JKL follow up; Review ROW judgement lien issue and release. 0.80 04/07/2020 SMS review of termination of easement 0.20 DJD Address status of Purchase and Sale Agreement with JKM; telephone call with Dan Nelson, Esq. re: construction schedule. 0.60 04/08/2020 JAC Review Haskell Force Majeure correspondence and prep for transition to Tracey DeCarlo as potential litigation matter. 0.80 04/09/2020 JAC prep or call, call we CG re: cancellation of call 0.40 DJD Review satisfaction of Judgment relative to Opinion of Title for r/w; review opinion of title. 0.70 04/10/2020 RLL Finalize opinion of title for Parcel 1. 0.50 04/13/2020 DJD Review and Process Opinion of title for r/w. 0.50 04/14/2020 RLL Transmittal of opinion of title on Parcel 1 to Kimley-Horn. 0.30 JAC Telephone conference with DJ Doody and Stephen Grave de Peralta regarding JKM commitment; timetable for construction of garage and related matters; follow-up call with Lori LaVerriere. 1.20 DJD Finalize opinion of title for turn lane r/w; telephone conference with counsel for JKM. 1.40 04/15/2020 SMS review easement agreement and survey documents for FPL easement 0.90 DJD Participate in telephone conference with JKM and E2L; participate in follow up call with City leadership team; address status of JKM mortgage. 1.30 JAC Telephone conference call with city team and JKM team; follow up team discussion regarding status, options, and financing matters 2.50 04/16/2020 JAC Document review and LS assignment for contract FM and compliance clauses. 0.70 Page 51 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 31134 Town Square Development HOURS 04/17/2020 DJD Telephone conference with Mark Raymond, Esq. 0.40 04/20/2020 JAC Telephone conference call With JKM regarding financing; follow up prep regarding financing options; Follow up conference call with city team and DJD. 2.20 SMS review fencing and maintenance plan 0.20 DJD Participate in two telephone conferences. 0.90 04/21/2020 RLL Work to provide copies of documents found on title search on Parcel 2. 0.30 DJD Review JKM mortgages on garage property. 0.80 04/27/2020 JAC Telephone conference call With managers team and telephone conference with JKM team; follow-up discussion with LL; review title issue to discuss with DJ D 3.20 DJD Telephone conference with JAC; telephone conference with City Manager and staff members; telephone conference with JKM. 1.80 04/28/2020 JAC Follow up calls and emails regarding temporary parking plans; funding issues review 1.20 DJD Review items listed by staff associated with surface parking. 0.20 04/29/2020 DJD Initial review of draft certificates re: fire station; telephone conference with Dan Nelson re: certificates. 1.60 FOR CURRENT SERVICES RENDERED 30.00 5,982.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 14.50 $205.00 $2,972.50 D.J. DOODY 10.90 205.00 2,234.50 SEAN M. SWARTZ 2.50 205.00 512.50 RACHEL L LEACH 2.10 125.00 262.50 Photocopies 24.50 TOTAL EXPENSES THRU 04/30/2020 24.50 TOTAL CURRENT WORK 6,006.50 BALANCE DUE $6,006.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 52 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905265 Suite 101 STATEMENT NO: 31135 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) HOURS 04/01/2020 SHB Receive and review response to motion to vacate judgment. 0.20 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 53 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905343 Suite 101 STATEMENT NO: 31136 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Paradise Bank (Sefton, Howard & Beth, et.al.) HOURS 04/20/2020 SHB Review pleadings and prepare for CMC. 0.30 04/23/2020 SHB Attend CMC. Receive and review order setting non-jury trial. 1.00 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 54 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905370 Suite 101 STATEMENT NO: 31137 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Rosie (Discrimination Complaint) HOURS 04/14/2020 GB Provided Subpoena to Guardian Credit Union to process server for service. Telephone Conference with City regarding documents. 0.60 04/16/2020 GB Emails with Process Server Regarding alternative service address for Guardian Credit Union. 0.10 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905383 Suite 101 STATEMENT NO: 31138 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) HOURS 04/06/2020 SHB Receive and review hearing notice. 0.10 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 56 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905389 Suite 101 STATEMENT NO: 31139 Boynton Beach FL 33426 Attn: Lynn Swanson Mildred Corporation#1 dba Z Food & Meat Market (Petition for Writ of Certiorari) HOURS 04/17/2020 QEM Review of discuss show cause order; follow-up with Ms. Brown re: BTR/CU. 0.50 MDC Review order to show cause, review materials, phone call with Quentin Morgan in status of case, update Jim Cherof. 0.60 04/20/2020 QEM Follow-up with Mr. Wolf re: matter. 0.70 04/28/2020 QEM Review of response and draft Notice of Voluntary Dismissal from Mr. Wolf; respond with edit; follow-up with staff re: status of BTR. 1.30 04/29/2020 QEM Review of update of status of matter from staff. 0.20 FOR CURRENT SERVICES RENDERED 3.30 676.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.60 $205.00 $123.00 QUENTIN E. MORGAN 2.70 205.00 553.50 TOTAL CURRENT WORK 676.50 BALANCE DUE $676.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 57 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905398 Suite 101 STATEMENT NO: 31140 Boynton Beach FL 33426 Attn: Lynn Swanson v. Bueno, Miguel Alonso (Petition for Firearms) HOURS 04/15/2020 SHB Prepare Motion to Extend RPO and Affidavit. Transmit to Lagor for review. 2.30 04/16/2020 SHB Receive portal-validated motion. Follow up with JA re: setting hearing on motion to extend. 0.30 04/17/2020 SHB Re-draft send Order Setting Hearing to JA. Follow up with Lagor. 0.60 04/22/2020 SHB Prep for hearing on Motion to Extend Risk Protection Order. Call with Lagor. Prepare order. 1.50 04/23/2020 SHB Attend hearing on Motion to Extend RPO. Re-draft and send proposed Order for judge's signature. 2.50 04/24/2020 SHB Follow up re: status of signed order. 0.10 04/27/2020 SHB Receive and review signed Order Granting Extension of RPO. Follow up with Lagor re: NCIC/FCIC and service of Order. 0.30 FOR CURRENT SERVICES RENDERED 7.60 1,558.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 7.60 $205.00 $1,558.00 TOTAL CURRENT WORK 1,558.00 BALANCE DUE $1,558.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 58 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905407 Suite 101 STATEMENT NO: 31141 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Circuit Ct App Shah, Kirit and Dipka HOURS 04/27/2020 SHB Receive and review Motion for Extension of Time. Receive and review Amended Notice of Filing Previous Orders and attached orders. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905424 Suite 101 STATEMENT NO: 31142 Boynton Beach FL 33426 Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal- RLC Magistrate) HOURS 04/09/2020 SHB Review various records and follow up with City. 3.00 FOR CURRENT SERVICES RENDERED 3.00 615.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.00 $205.00 $615.00 TOTAL CURRENT WORK 615.00 BALANCE DUE $615.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 60 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905432 Suite 101 STATEMENT NO: 31143 Boynton Beach FL 33426 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foeclosure) HOURS 04/16/2020 HN Edits to amended complaint. Review of chapter 159 related to utility lien and Statute of Limitations. 2.10 FOR CURRENT SERVICES RENDERED 2.10 430.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.10 $205.00 $430.50 TOTAL CURRENT WORK 430.50 BALANCE DUE $430.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 61 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905433 Suite 101 STATEMENT NO: 31144 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 04/14/2020 HN Review of Benjamin Ho's motion to drop party defendant. Review of code liens listing his name as the violator. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905434 Suite 101 STATEMENT NO: 31145 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 04/01/2020 CLD Review of Defendant Eckols' discovery requests; updated electronic file and indexing of same; drafted response templates for City's Answers to Interrogatories, City's Notice of Filing Answers, and City's Responses to Request for Production; discussion with HN re: same. 1.70 HN Review of draft motion for summary judgment. Phone call to Lynn Swanson re: total amount owed as of today for the lot mowing lien and 2 code liens. Review of email from Lynn and response to email from Lynn. Review of City's reply to email regarding total amount owed. Review and revise of draft motion for summary judgment. Started drafting responses to request for production. 2.50 04/02/2020 CLD Forward Defendant's Request for Production to LS and discussion re: same regarding e-documents; conversation with HN re: form of responses. 0.20 HN Phone call with Lynn Swanson related to Defendant's request for production. Started drafting City's answers to interrogatories. Follow up email to JAC re: the person attesting to the interrogatories. Review of the City's files of the two code lien cases and the mowing lien cases. Identified documents requested in the Interrogatories and included such information in the City's answer to the request for interrogatories. Left voice message for Adam Temple related to City's answer to Interrogatories. 3.50 04/03/2020 HN Emails to Adam Temple including an email detailing information needed to respond to defendant's interrogatories and Request for Production. Response to Lynn Swanson's email re: search parameters in response to request for production. 1.30 04/06/2020 HN Review of the meeting minutes from the July 18, 2018 Community Standards Special Magistrate Hearings. Incorporated testimony from July 18 meeting into the City's answers to Defendant's interrogatories. Email to Adam Temple for additional information related to individuals with knowledge of the Eckols complaint. Reviewing documents in case files and drafting answers to interrogatories. 2.40 04/07/2020 HN Review of Adam Temple's email related to former employees who worked on the Eckols code cases. Working on response to interrogatories and incorporated the information provided by Adam in response. Created a timeline of the two code cases and the mowing lien. 1.20 04/08/2020 HN Phone calls with Lynn Swanson related to the discovery requests. Follow up email to JAC and MDC related to the discovery requests and next steps. Page 63 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905434 STATEMENT NO: 31145 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS Review of Lynn Swanson's email related to discovery requests. Discussion with TAD regarding interrogatories and response to request for production. Edits of answers to interrogatories. 2.80 04/09/2020 HN Review of Adam temple's email re: discovery preparation and response. Review of Florida Rule of Civil Procedure 1.340. Phone calls with Lynn Swanson related to discovery documents. Edits of answers to interrogatories. 1.70 04/10/2020 HN Phone call discussion with Adam Temple. Review of emails in response to discovery requests. Compiling file with responsive documents. 2.50 04/13/2020 HN Review of documents for discovery. Review of minutes from meetings pertaining to the two code cases and the mowing lien. Edits to answer to interogatories and production. Reviewed documents and organized documents in response to interrogatory number 1 and 2. 4.30 04/14/2020 HN Phone call and voice message for Norma Loth related to orders being sent first class mail. Edits to City's response to request for productions and interrogatories. Phone call with Lynn Swanson regarding resolution re: mowing lien. Review of Lynn Swanson's email to the Clerk'office. Review of Tammy Stanzione's email and response email to Tammy Stanzione regarding letter sent to property owner re: mowing lien resolution and proof of mailing. Email to Adam temple re: inspections related to compliance on subject property. 3.10 04/15/2020 HN Follow up with JAC re: motion for summary judgment. Edits to response to interrogatories. Left voice message for Vestiguerne Pierre re: how the City knows that the property is not in compliance. Email to Tammy Stanzione in the Clerk's office regarding proof of mailing letter informing of passage of resolution (nuisance abatement- mowing lien). 2.10 04/16/2020 HN Review of Tammy Stanzione's email regarding the resolution and proof of mailing. Discussion with Adam Temple as to what information the City has to indicate that the property is not in compliance. Follow up email to Vestiguerne Pierre regarding inspection dates and response to interrogatories. Edits to answers to interrogatories. Further reviewed documents labeled responsive to confirm they are responsive to the specific questions in request for production. Based on review of responsive documents, added more names to answers to interrogatories. 1.90 04/17/2020 HN Phone call discussion with Vestiguerne Pierre regarding inspections of the subject property. Edits of responses to interrogatories. Follow up email to Tammy Stanzione regarding proof of mailing resolution. Review of Tammy's response emails and edit of response to request for production based on Tammy's response. 0.80 04/20/2020 HN Review of draft responses to discovery requests and email to JAC for his review. 0.60 04/21/2020 HN Preparation and final Review of documents to be sent separately to Defendant's attorney in compliance with discovery. 2.20 TAD Review and revise discovery responses. Prepare correspondence re: same. 0.70 Page 64 of 667 Page: 3 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905434 STATEMENT NO: 31145 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 04/22/2020 HN Phone call with TAD re: response to request for production. Review of privileged documents. Draft of privilege log. Follow up email to TAD re: priv log. Follow up email to JAC with documents in draft form for review. 2.50 TAD Receipt and review of additional discovery and prepare correspondence re: same. 0.20 04/23/2020 HN Coordinating discovery responses to opposing counsel. 0.50 CLD Began organizing documents responsive to Eckols' Request for Production; discussions with HN re: logistics of document transmission to Defendant's counsel. 0.50 04/24/2020 HN Follow up with JAC related to the City's discovery responses. Email to Vestiguerne Pierre cc Adam Temple with attached answer to interrogatories and requesting review, signature and notarization. Phone call discussion with Vestiguerne Pierre. Email exchange with Adam Temple and additional edits to answer to interrogatories. Review of prepared documents to produce to opposing counsel. Review and analyze responsive documents. 2.80 CLD Revised fee numbers in City's Affidavit of Attorney's Fees; continued drafting Affidavit of Expert Regarding Attorney's Fees; continued indexing and organizing documents responsive to Eckols' Request for Production; revised then finalized City's Answers to Interrogatories; finalized City's Response to Request for Production for e-filing; 1.50 04/27/2020 HN Review of Vestiguerne Pierre's email with the attached answer to interrogatories with signature and notarization. Response email to Vestiguerne. Further preparation of documents in response to production requests. Finalization of filings dated for 4/28. 1.20 04/28/2020 HN Review of production emailed to opposing counsel. 0.10 FOR CURRENT SERVICES RENDERED 44.80 8,872.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 40.00 $205.00 $8,200.00 CYNTHIA L. DUNN 3.90 125.00 487.50 TRACEY A. DECARLO 0.90 205.00 184.50 TOTAL CURRENT WORK 8,872.00 BALANCE DUE $8,872.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 65 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905435 Suite 101 STATEMENT NO: 31146 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 04/16/2020 HN Review of Lynn Swanson's email regarding Michael Mauro's interest in the subject property. Phone call discussion with Michael Mauro and follow up Phone call discussion with JAC. Email to Adam temple and follow up phone call with Adam Temple. Phone call discussion with Mlchael Mauro in which he inquired about the subject property and what he can do to better the property. Follow up email to JAC re: conversation with Michael Mauro with legal analysis. 1.50 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.50 $205.00 $307.50 TOTAL CURRENT WORK 307.50 BALANCE DUE $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905441 Suite 101 STATEMENT NO: 31147 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. HOURS 04/24/2020 RLL Follow up with client on status of buyer-signed contract. 0.20 FOR CURRENT SERVICES RENDERED 0.20 25.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.20 $125.00 $25.00 TOTAL CURRENT WORK 25.00 BALANCE DUE $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 67 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905454 Suite 101 STATEMENT NO: 31148 Boynton Beach FL 33426 Attn: Lynn Swanson Parking Special Assessment HOURS 04/17/2020 JAC Telephone conference call w/Mark Raymond and DJD re city funding options and land ownership issue 0.60 04/23/2020 JAC miscellaneous online research regarding methodology and enforcement of special assessment; Outline procedures and timetable for validation 1.30 FOR CURRENT SERVICES RENDERED 1.90 389.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.90 $205.00 $389.50 TOTAL CURRENT WORK 389.50 BALANCE DUE $389.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 68 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905456 Suite 101 STATEMENT NO: 31149 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Priority Towing HOURS 04/01/2020 GB Reviewed Complaint. Began drafting City's First Request for Production to Plaintiff. 0.70 04/02/2020 GB Continued drafting Requests for Production and Interrogatories to Plaintiff. Read Complaint and Motion to Dismiss. Emails regarding special set hearing for Motion to Dismiss. 1.10 04/03/2020 GB Continued drafting discovery including First Set of Interrogatories, First Request for Produciton and First Requests for Admissions. Telephone Conference with Court regarding Motion to Dismiss hearing. Email to JAC regarding discovery 3.10 04/08/2020 GB Final review, edits and filed City's First Requests for Admissions, Request for Production and First Set of Interrogatories. Filed and Served City's First Requests for Admissions, Request for Production and First Set of Interrogatories. 0.60 04/09/2020 GB Telephone conference call with Judge's chamber regarding Motion to Dismiss hearing. 0.20 04/10/2020 IR Receipt and review of various discovery propounded by the City of Boynton Beach, upon the Plaintiff, Priority Towing; preparation of ticklers to receive discovery responses by May 8, 2020, including any requests for extension, due to potential Covid-19 issues; 0.40 04/14/2020 GB Emails with opposing counsel regarding Agreed Order Granting Clty's Motion to Dismiss. 0.10 04/15/2020 GB Emails with opposing counsel regarding agreed order Granting City's Motion to Dismiss. Reviewed and edits to proposed Agreed Order. 0.30 04/16/2020 IR Receipt and review of Agreed Order on Defendant, City of Boynton Beach's Motion to Dismiss Plaintiffs Complaint, entered this date by Judge G. Joseph Curley, Jr.; preparation of 15 day tickler to retrieve Palm Beach Circuit Court docket, regarding whether Plaintiff filed an Amended Complaint, as cited in the Court's April 16, 2020 order; 0.30 GB Received and reviewed signed order granting Motion to Dismiss Complaint and calendared Plaintiffs due date to amend. 0.20 FOR CURRENT SERVICES RENDERED 7.00 1,379.00 Page 69 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905456 STATEMENT NO: 31149 adv. Priority Towing RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.30 $205.00 $1,291.50 INGRID RIERA 0.70 125.00 87.50 TOTAL CURRENT WORK 1,379.00 BALANCE DUE $1,379.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 70 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905461 Suite 101 STATEMENT NO: 31150 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Deutsche Bank (Estate of Herbert Campbell) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905466 Suite 101 STATEMENT NO: 31151 Boynton Beach FL 33426 Attn: Lynn Swanson adv. US Bank National (Norfus, Ricky 2020) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 72 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905471 Suite 101 STATEMENT NO: 31152 Boynton Beach FL 33426 Attn: Lynn Swanson COVID 19 Matters HOURS 04/01/2020 JAC Review new Gov EO re: local enforcement of travel limitations; review and calls re: interpretation of Miami/Dade underlying orders and DHS list of essential businesses. 2.20 04/03/2020 JAC continue review of emerging orders/State/County/local and Federal; research re: cost recovery process (includes 4/4 and 4/5 time) 3.70 04/07/2020 JAC review daily emergency order and beach closure federal lawsuit; review public notice procurement matters 0.80 04/10/2020 JGH Review CMT Public Meeting Notice and Procedures; review Administrative Code Provisions regarding CMT Meetings. 0.40 04/13/2020 JAC Review updated orders and directives and prepare for a presentation at city commission meeting. 0.80 04/20/2020 JAC update review of pending emergency orders and directives for discussion at commission meeting; Outline return to work procedures/policies 1.60 04/24/2020 JAC Weekly update of federal, state and local orders and return to work issues; evaluate and plan for expiration of governor's executive orders 2.30 04/28/2020 JAC Review revise county order; revise state order; prepare for resumption of public meetings; 0.80 04/29/2020 JAC Review governors executive order, Palm Beach County order and evaluate city reopening issues 0.80 FOR CURRENT SERVICES RENDERED 13.40 2,747.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 13.00 $205.00 $2,665.00 JACOB G. HOROWITZ 0.40 205.00 82.00 TOTAL CURRENT WORK 2,747.00 BALANCE DUE $2,747.00 Page 73 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905472 Suite 101 STATEMENT NO: 31153 Boynton Beach FL 33426 Attn: Lynn Swanson Sports Event Center& Feasibility Study HOURS 04/01/2020 SMS correspondences with David Scott related to Sports Event Feasibility Study; call with David Scott on Sports Event Feasibility Study Agreement; revise Study Agreement with SFA 1.70 04/03/2020 SMS revise ILA with Sports Commission and Agreement for Sports and Event Feasibility Study 1.30 04/06/2020 SMS review updated Proposal by SFA to remove certain costs 0.70 04/07/2020 SMS draft/revise Agreement with SFA 1.10 04/08/2020 SMS review of correspondences with Sports Commission and staff related to feasibility study 0.30 04/09/2020 SMS review correspondences related to Sports Commission and other studies for sports facility 0.20 FOR CURRENT SERVICES RENDERED 5.30 1,086.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 5.30 $205.00 $1,086.50 TOTAL CURRENT WORK 1,086.50 BALANCE DUE $1,086.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 74 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905473 Suite 101 STATEMENT NO: 31154 Boynton Beach FL 33426 Attn: Lynn Swanson v. Parshad, Varun Anshuman (RPO) HOURS 04/07/2020 SHB Telephone conference with Villari re: RPO. Review updated court instructions regarding RPO procedures. Receive, review, and revise affidavit, petition, and supporting documents. Discuss documents and exhibits with Villari; transmit for final review and signature. 3.00 04/08/2020 SHB Receive and review officer revisions to filing packet; follow up with officer re: additional corrections. Review additional police reports. Finalize and file Petition and Respondent Description Information. Prep stipulation and TRPO. Various calls and correspondence with Clerk, JA, and Officer. Receive and review TRPO from Judge. Finalize stipulation and transmit TRPO and stipulation to officer. 3.00 04/09/2020 SHB Trial prep. Coordinate hearing conference matters. 1.00 04/13/2020 SHB Receive and review stipulation signed by Parshad. File Stipulation and Agreed Order. Prepare Notice of Filing Property Receipt. Prepare Order on Compliance. File Consent to Search. 1.50 04/15/2020 SHB Prepare/file Order on Compliance, Consent to Search, and Property Receipts. Check docket re:judge assignment. Draft final order. 2.00 04/16/2020 SHB Receive and review clerk-stamped final orders. Transmit to respondent. 0.30 04/21/2020 SHB Various correspondence and follow-up re: service of Order and RPO documents. 0.40 FOR CURRENT SERVICES RENDERED 11.20 2,296.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 11.20 $205.00 $2,296.00 TOTAL CURRENT WORK 2,296.00 BALANCE DUE $2,296.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 75 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905475 Suite 101 STATEMENT NO: 31155 Boynton Beach FL 33426 Attn: Lynn Swanson Landfill Closure HOURS 04/13/2020 JAC Telephone conference with staff and 'Tim Perry; Follow up email/document review; Research FAC regarding denial of certification of closure. 2.30 04/14/2020 JAC Call Tim Perry regarding response to State; review notice and filing of extension; follow up with Colin Groff and Lori LaVerriere. 1.10 FOR CURRENT SERVICES RENDERED 3.40 697.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.40 $205.00 $697.00 TOTAL CURRENT WORK 697.00 BALANCE DUE $697.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 76 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905477 Suite 101 STATEMENT NO: 31156 Boynton Beach FL 33426 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station HOURS 04/24/2020 SMS draft Utility Purchase Agreement and correspondences with staff related to the purchase 1.80 04/27/2020 SMS correspondences with opposing counsel; draft Asset Purchase Agreement 2.70 FOR CURRENT SERVICES RENDERED 4.50 922.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 4.50 $205.00 $922.50 TOTAL CURRENT WORK 922.50 BALANCE DUE $922.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 77 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905022 Suite 101 STATEMENT NO: 31157 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470000352PP HOURS 04/02/2020 TAD Receipt and review of correspondence to Court re: final order of dismissal. Receipt of proposed order. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 03/23/2020 Federal Express - Invoice 6-996-77487 16.06 16.06 TOTAL ADVANCES THRU 04/30/2020 16.06 TOTAL CURRENT WORK 57.06 BALANCE DUE $57.06 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905098 Suite 101 STATEMENT NO: 31158 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 04/06/2020 TAD Receipt and review of correspondence re: status. Prepare correspondence to plaintiff counsel re: satisfaction/order. 0.30 04/09/2020 TAD Prepare correspondence to plaintiff re: satisfaction of mortgage. Receipt of proposed satisfaction. Prepare correspondence re: same. 0.60 04/10/2020 TAD Receipt and review of correspondence re: satisfaction and prepare response to same. Prepare correspondence to plaintiff re: satisfaction status. Receipt of correspondence and prepare response to same. 0.60 04/14/2020 TAD Prepare correspondence to plaintiff re: satisfaction. Receipt of response to same. Prepare motion to compel, notice of hearing and correspondence re: same. 0.80 04/15/2020 IR Receipt and review of emails regarding the City of Boynton Beach's Motion to Compel Plaintiff to Provide Satisfaction of Judgment, filed with the Palm Beach Circuit Court on April 14, 2020; receipt and review of emails from Plaintiff's counsel Attorney Marino and Attorney Retamer regarding their respective responses thereto; reviewed hearing notice on City's motion, before Judge Nutt on April 23, 2020; 0.30 04/16/2020 TAD Receipt and review of correspondence from judicial assistant re: hearing and prepare response to same. 0.20 04/20/2020 IR Receipt and review of Plaintiff's Motion for Additional Brief's on Motion to Add Insurer to Final Judgment, filed by Plaintiffs counsel, Steven Marino; 0.30 04/21/2020 TAD Telephone conference with judicial assistant re: hearing. Confer with City re: motion. 0.20 04/23/2020 TAD Attend hearing on motion to compel satisfaction from plaintiff. Confer with plaintiffs counsel and plaintiffs insurance counsel re: satisfaction . Receipt of proposed revised satisfaction. Revise satisfaction and send correspondence re: same. Prepare order on motion to compel. Confer with plaintiffs counsel re: executed satisfaction. 1.70 RLL Review executed Partial Release of Judgment and request corrections; prepare recording of Partial Release of Judgment in the public records. 0.50 Page 79 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905098 STATEMENT NO: 31158 adv. Venegas, Jesusa HOURS FOR CURRENT SERVICES RENDERED 5.50 1,039.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.50 $125.00 $62.50 INGRID RIERA 0.60 125.00 75.00 TRACEY A. DECARLO 4.40 205.00 902.00 04/29/2020 Simplifile- Record Partial Release 26.00 26.00 TOTAL ADVANCES THRU 04/30/2020 26.00 TOTAL CURRENT WORK 1,065.50 BALANCE DUE $1,065.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 80 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905171 Suite 101 STATEMENT NO: 31159 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470000400P1 HOURS 04/07/2020 TAD Receipt and review of correspondence re: depositions. Receipt of deposition of Giovanni Caliendo. Begin preparation of summary of same re: discovery and motions. 0.90 04/08/2020 TAD Continue review and outline of Giovanni Caliendo deposition. Receipt of Emily Caliendo deposition. Review same re: discovery/motions. 1.80 04/10/2020 TAD Complete deposition outlines. Prepare: outline re: additional information needed from the City and for discussion with City representatives. 1.10 04/17/2020 TAD Revise discovery to plaintiff to include additional requests. 0.30 04/30/2020 IR Reviewed tickler this date, from April 6, 2020 emails, from discovery taken earlier in 2020; online docket search for further litigation activity and prepared follow up tickler to touch base with TAD in 2 weeks, regarding same; 0.40 FOR CURRENT SERVICES RENDERED 4.50 890.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TRACEY A. DECARLO 4.10 205.00 840.50 TOTAL CURRENT WORK 890.50 BALANCE DUE $890.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905190 Suite 101 STATEMENT NO: 31160 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 04/01/2020 IR Compile documents from criminal investigation from State v. Lex Eugene, and utilized for list of anticipated trial exhibits list, in this civil litigation; revised list of trial witnesses, including anticipated trial expert witnesses on behalf of the City, that cross-referenced with records, to utilize during upcoming depositions and to send to expert witnesses; 4.20 04/02/2020 TAD Receipt and review of correspondence re: status. Review case law re: City liability for discovery and motions. 0.90 GB Drafted Tristar Initial Report. Reviewed Officer Sohn's personnel file. Legal Research regarding Plaintiffs' causes of action against the City and possible defenses to those claims. Emails regarding budget. Emails to TAD with Tristar Initial Report and relevant caselaw and court rulings. 5.90 04/03/2020 IR Finalization of 38 page memorandum that pertains to City of Boynton Beach Police records of co-defendant, Mark Sohn; preparation of update to GB regarding same; 3.70 TAD Receipt and review of correspondence from Sohn counsel re: response to request. Review information on expert. 0.20 GB Emails with TC regarding budget for Tristar Initial Report. Email with Attorney for Sohn regarding retaining expert and reviewed letter to tristar requesting authorization to retain expert witness. 0.30 04/08/2020 IR Review of memoranda that pertains to City of Boynton Beach past and current employees' personnel file records, that were summarized for reporting purposes and for names to list on Trial Witness lists, as well as Trial Exhibits lists, due to the Court upon its Trial Order; updated City of Boynton Beaches' Trial Witness and Exhibit Tracking chart, for discovery use and to track Trial Subpoenas duces tecum at trial; 3.70 04/09/2020 IR Update and revise COBB employees' personnel files, for use at depositions and trials; 2.20 04/10/2020 IR Review and revised City of Boynton Beach employees' personnel files, for use at upcoming depositions, discovery responses and use at trial; 2.70 04/15/2020 GB Telephone conference call and emails with Dr. Peters. Gathered and redacted documents requested by Dr. Peters. 1.40 Page 82 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905190 STATEMENT NO: 31160 adv. Readon, Jayden, Estate of(police chase) HOURS TAD Receipt and review of correspondence re: expert review. Confer with GB re: same. 0.30 04/16/2020 TAD Receipt and review of correspondence from plaintiff and officer counsel re: discovery issues. Prepare correspondence to officer counsel re: same. Confer with GB re: expert review issues. 0.60 GB Telephone conference call with TAD regarding documents to Dr. Peters. 0.20 04/17/2020 GB Redacted documents for Dr. Peters. Reviewed Investigation Report regarding Sohn dated 2/12/13. 4.90 04/20/2020 IR Research of Florida Department of Corrections, Correct Offender Network for Lex Eugene current incarceration location [same as in 2019] at Santa Rosa Annex in Milton, Florida, in anticipation of upcoming deposition, in Central Time zone, in North Florida; updated City of Boynton Beach Trial Witness, Exhibits and Subpoena Duces Tecum tracking chart, to confirm Eugene's current location [with Covid-19, potential moving of imprisoned inmates]; 0.90 04/23/2020 GB Telephone conference call with Dr. Peters regarding documents. Finished putting together and redacting all material for Dr. Peters and email to Dr. Peters with documents. 0.60 04/27/2020 GB Reviewed Plaintiffs Motion to Determine Procedure at Officer Sohn's Depo and email from TAD regarding Motion. 0.40 04/28/2020 GB Telephone Conference Call with attorney for office Sohn regarding Plaintiff's Motion to Determine Procedure at Sohn's Depo. 0.30 04/29/2020 IR Receipt and review of Plaintiffs Motion to Determine Deposition Procedures for Defendant, Officer Mark Sohn; cross-referenced allegations and dates listed in the Plaintiff's motion, against the summary of Defendant's personnel file, with the City of Boynton Beach; reviewed pleadings, for Notice of Taking Deposition for Officer Sohn and prepared tickler regarding same; 1.90 FOR CURRENT SERVICES RENDERED 35.30 5,692.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 14.00 $205.00 $2,870.00 INGRID RIERA 19.30 125.00 2,412.50 TRACEY A. DECARLO 2.00 205.00 410.00 Photocopies 4.20 TOTAL EXPENSES THRU 04/30/2020 4.20 TOTAL CURRENT WORK 5,696.70 BALANCE DUE $5,696.70 Page 83 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905216 Suite 101 STATEMENT NO: 31161 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 04/01/2020 GB Continued drafting Motion in Limine for Plaintiffs deposition testimony. Legal Research for Motion in Limine as to Plaintiff's testimony. Legal research regarding: whether a protected disclosure can be complaints the City already"dealt with." 5.20 04/03/2020 GB Continued drafting Motion in Limine of Plaintiff's testimony and legal research for Motion. Read Feltgen's deposition transcript. Reviewed documents produced by Plaintiff. Read Brigannti's deposition summary. 3.90 04/06/2020 GB Finished drafting first draft of Motion in Limine of Plaintiff's testimony. 2.30 04/07/2020 GB Legal Research regarding Count II - FCRA handicap discrimination and Count III - retaliation. Drafted Memo regarding legal research regarding Count II of Amended Complaint for Motion in Summary Judgment of Counts II and III. Reviewed Dr. Stock's deposition and report. 3.70 04/08/2020 GB Legal Research and continued drafting memo regarding Plaintiffs FCRA violation for disability discrimination for Motion for Summary Judgment as to Count II of Amended Complaint. Began drafting Production. 2.90 04/09/2020 TAD Receipt and review of information re: discrimination claim. Confer with GB re: same. Review amended claims and case law re: summary judgment and discovery issues. 1.80 GB Telephone conference call with TAD regarding Plaintiffs discrimination based on disability count and discovery. 0.30 04/13/2020 GB Telephone conference call legal research. 0.10 04/15/2020 GB Finished first draft of City's 4th Request for Production to Plaintiff. Legal Research for Motion for Summary Judgment as to Count III for Retaliation. 2.00 04/20/2020 GB Legal Research regarding protected disclosures for Motion for Summary Judgment as to Count I of Amended Complaint. 2.30 04/21/2020 IR Reviewed tickler regarding the status of civil jury trial set; research of Palm Beach Circuit Court online docket, to ascertain whether jury trial had been scheduled by Judge Scott Kerner, following Plaintiffs Notice of Civil Jury Page 84 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905216 STATEMENT NO: 31161 adv. Ryan, Ronald (whistleblower PD) HOURS Trial; confirmed that pleadings were closed, following the hearing on the City's Motion to Dismiss hearing and order entered on March 2, 2020; preparation of tickler to follow up at the end of April, 2020 regarding the status of discovery and if Judge Kerner entered a trial order yet; 0.60 GB Legal Research regarding disparate treatment and whistle-blower public employee act. 1.70 04/24/2020 GB Drafted Motion in Limine as to Exhibit 17 Anonymous Letter and conducted legal Research for Motion. 3.20 04/27/2020 GB First Draft of Motion in Limine as to Exhibit 17. Drafted City's Response to Plaintiff's Second Request for Production. Legal Research regarding disparate treatment. 2.20 04/28/2020 GB Reviewed Srgt. Sander's deposition. Began drafting Motion for Summary Judgment as to Count I (whistleblower). reviewed Ryan's personnel file and City's Response to EEOC claim for Motion for Summary Judgment as to Count I. Listened to radio recording during incident. Reviewed Plaintiffs agreement with the City, the City index code. 5.10 04/29/2020 TAD Receipt and review of correspondence re: discovery issues. Prepare response to same. 0.20 IR Receipt, review and responded to emails regarding law enforcement information; researched discovery responses, from inception of litigation through current, for City of Boynton Beach Police Department and law enforcement internal offices, regarding the City's documents and other sources, from its requests from the Plaintiff; reviewed police radio call from date when Plaintiff from October 2015; reviewed timeline created from law enforcement call of same date; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart; 1.70 04/30/2020 GB Read Cummings Deposition and Stock's deposition for Motion for Summary Judgment as to Count I of Amended Complaint. 2.60 FOR CURRENT SERVICES RENDERED 41.80 8,385.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 37.50 $205.00 $7,687.50 INGRID RIERA 2.30 125.00 287.50 TRACEY A. DECARLO 2.00 205.00 410.00 03/24/2020 Federal Express - Invoice 6-996-77487 14.81 14.81 TOTAL ADVANCES THRU 04/30/2020 14.81 TOTAL CURRENT WORK 8,399.81 BALANCE DUE $8,399.81 Page 85 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905253 Suite 101 STATEMENT NO: 31162 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#00 1 470000422AB HOURS 04/01/2020 TAD Receipt and review of additional correspondence from mediator and prepare correspondence to City re same. 0.20 04/06/2020 TAD Receipt and review of correspondence from plaintiff re: hearing. Prepare response to same. Prepare for hearing on City's motion to compel. 0.60 04/07/2020 TAD Attendance at City's Motion to Compel Settlement of case. Confer with Plaintiff re: same. Draft proposed order on Motion to Compel. Prepare correspondence to plaintiff re: same. Prepare correspondence to court re: proposed order. Receipt of correspondence from plaintiff re: proposed order on plaintiffs motion. Review order. Prepare changes and prepare correspondence to plaintiff re: same. 1.80 04/08/2020 TAD Receipt and review of correspondence re: revised order. Review revised order. Prepare correspondence re: same. Receipt of orders signed by the Court. Prepare correspondence to City re: hearing. 0.80 04/21/2020 IR Reviewed tickler this date, on the Court's Order granting the City of Boynton Beach's Motion to Compel Settlement Release; online docket search for Plaintiff's Notice of Compliance with Judge Scott Kerner's April 8, 2020 Order, which has not been filed, as yet, but due by April 28, 2020; prepared second tickler for April 28, 2020 deadline to comply with the Court's order of same; 0.30 04/23/2020 IR Receipt and review of judicial assistant's directive to close Palm Beach County circuit court case, but the Plaintiff still owes an executed Release to the City of Boynton Beach, prior to dismissal of this litigation; prepared tickler to follow up on April 27, 2020; 0.20 TAD Receipt and review of correspondence from the Court re: status and prepare correspondence to plaintiff re: same. 0.20 04/28/2020 IR Receipt and review of Judge Scott Kerner's Order Directing Parties to File Applicable Dismissal Papers, entered April 28, 2020; reviewed tickler regarding Plaintiffs failure to execute Release to the City of Boynton Beach; 0.30 TAD Receipt and review of correspondence from plaintiff re: status of settlement. Prepare response to same. Receipt of order from Court re: settlement Page 86 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905253 STATEMENT NO: 31162 adv. Bolt, Barbara Dilger(MVA) HOURS records. 0.30 04/29/2020 TAD Receipt and review of correspondence re: release. Receipt of release. 0.20 FOR CURRENT SERVICES RENDERED 4.90 940.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TRACEY A. DECARLO 4.10 205.00 840.50 03/30/2020 Federal Express - Invoice 6-996-77487 15.19 15.19 TOTAL ADVANCES THRU 04/30/2020 15.19 TOTAL CURRENT WORK 955.69 BALANCE DUE $955.69 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 87 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905297 Suite 101 STATEMENT NO: 31163 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ortiz, Jade (personal injury) Billing Category: 18- RLO Claim#001470000436GB HOURS 04/03/2020 TAD Receipt and review of correspondence re: status. Review docket and prepare response to same. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 88 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905306 Suite 101 STATEMENT NO: 31164 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Novick, James (MVA Public Works) Billing Category: 18- RLO Claim#00 1 470000439AB HOURS 04/03/2020 TAD Prepare correspondence to plaintiff re: order. Prepare correspondence to court re: order. Receipt of correspondence from plaintiff re: order. Receipt of correspondence from court re: order. Prepare amended order. 0.50 IR Receipt and review of email received from Judicial Assistant, Brenda Gleason, regarding the parties' submitted Amended Order of Dismissal and same to be re-issued, prior to Honorable Judge Lisa S. Small entry of same; prepared tickler for 1 week to retrieve online court records, to ensure the order was re-submitted to the Court, by either Plaintiff or Defendant [unknown if Plaintiffs legal counsels' office is unreachable, due to Covid-19 pandemic situation, in which case, counsel for City of Boynton Beach to comply with, on behalf of the parties, the entry of this Court Order]; online search of Judge Lisa S. Small's updated Divisional information, since the outbreak of Covid-19 and any court orders regarding same; 0.60 04/08/2020 IR Receipt and review of tickler regarding Judge Small's judicial assistant's email of April 3, 2020 regarding submitted court order; receipt and review of the Amended Order of Dismissal of this litigation, entered by Judge Small on April 7, 2020; 0.20 FOR CURRENT SERVICES RENDERED 1.30 202.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TRACEY A. DECARLO 0.50 205.00 102.50 TOTAL CURRENT WORK 202.50 BALANCE DUE $202.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 89 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905323 Suite 101 STATEMENT NO: 31165 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) Billing Category: 18- RLO Claim#19757938 HOURS 04/02/2020 TAD Review claims and medical information and prepare report to mediator re: mediation issues. Prepare outline for mediation. 1.60 04/03/2020 IR Receipt and review of emails that pertain to updated Mediation notice, to be attended via Zoom video conference on April 21, 2020, from 10am through 1 pm; preparation of tickler pertaining to pleadings notebook to be utilized at mediation and trial, for TAD by mid-April 2020; 0.70 04/08/2020 IR Compile medical records received via subpoenas duces tecum, received in 2019 and confirmed receipt of medical and other records, to confirm compliance with same and to utilize as trial exhibits for upcoming trial, and preparation of notebooks for same; 0.90 04/09/2020 IR Compile various records, in chronological order, for preparation of trial notebook, as well as supplemental documents to be used for mediation notebook, for TAD on April 21, 2020; retrieval of online court docket, for comparison of the City's pleadings, and responses thereto by the Plaintiff, as well to retrieve other essential documents, such as discovery records, regarding depositions of the parties, and other witnesses, for transcripts to use at Mediation with Gary Dickstein, Esq. 1.90 04/14/2020 IR Organized pleadings and other court filings, for use at upcoming discovery, mediation and trial; reviewed and updated City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, for fact witness and potential expert witness disclosures for trial; online court docket searches, and comparison of Plaintiffs discovery requests and responses to the City of Boynton Beach, to update trial and mediation notebooks; review Report of Parks Department Playground Inspection Reports, dated March 28, 2019, May 8, 2019 and September 19, 2019, to utilize in defense of the City of Boynton Beach during trial and upcoming mediation; 4.80 04/15/2020 TAD Revise letter to mediator. Prepare correspondence re: mediation. 0.30 IR Finalized Trial Notebooks and Mediations Notebooks, with trial exhibits specified, as well as anticipated trial witnesses thereto; updated Trial Witness and Subpoena Duces Tecum tracking chart accordingly, to turn Page 90 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905323 STATEMENT NO: 31165 adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) HOURS into trial availability and contact chart; 6.30 04/16/2020 IR Conference with TAD regarding mediation between the parties, set for April 21, 2020 with Gary Dickstein, Esq; compiled and organized virtual records, in chronological order for trial notebook and mirrored for upcoming mediation, which includes revisions made to notebook for same; linked sets of city records, including emails, inspection reports, pleadings and discovery into notebook format, in paperless manner, to utilize on April 21, 2020, mediation, via Zoom conference; 4.10 04/17/2020 IR Organized sets of records, to hyperlink into indexes, for TAD use during trial and mediation; reviewed discovery responses from Plaintiff, in order to compile trial exhibits and lists of same; several conferences with TAD regarding documents for use during Mediation on April 21, 2020 with Mediator Gary Dickstein; located color photographs, and organized same into trial and mediation [virtual] notebooks, for TAD; 2.80 TAD Receipt and review of correspondence from mediator. Review plaintiff records and mediation information re: preparation for mediation. 1.40 04/21/2020 TAD Attend mediation of matter. Receipt of settlement agreement. Prepare correspondence to plaintiff re: information needed for settlement. Receipt of response to same. Prepare correspondence to City and to adjuster re: settlement. 2.80 IR Reviewed email from Gary Dickstein of Matrix Mediation, filing the Mediation Report, notification of settlement of this litigation; received and responded to email from TAD; 0.20 04/22/2020 TAD Receipt and review of correspondence re: settlement and request for information from adjuster. Prepare response to same. 0.20 04/24/2020 TAD Receipt and review of motion to appoint guardian. 0.20 04/28/2020 TAD Receipt and review of correspondence re: settlement. Prepare response to same. Prepare release. Prepare stipulation and order of dismissal. 1.40 FOR CURRENT SERVICES RENDERED 29.60 4,332.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 21.70 $125.00 $2,712.50 TRACEY A. DECARLO 7.90 205.00 1,619.50 TOTAL CURRENT WORK 4,332.00 BALANCE DUE $4,332.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905336 Suite 101 STATEMENT NO: 31166 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim#001470000449EO HOURS 04/30/2020 IR Reviewed tickler to check Palm Beach County online court docket, to see if Mr. Wright, or the Court, entered any additional filings; prepared email to TAD regarding same; and prepared follow up tickler to retrieve again on May 20, 2020, 6 months since last filing; 0.40 FOR CURRENT SERVICES RENDERED 0.40 50.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TOTAL CURRENT WORK 50.00 BALANCE DUE $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905344 Suite 101 STATEMENT NO: 31167 Boynton Beach FL 33426 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18- RLO Claim#001470000450EP HOURS 04/01/2020 GB Reviewed edits and comments to Motion for Summary Judgment and made additional comments to Motion regarding evidence. Email to TAD regarding Motion and document needed. 0.40 04/07/2020 GB Began drafting responses to Plaintiff's Second Request for Production. Reviewed file for responsive documents. Emails to TAD regarding discovery. 0.90 04/08/2020 GB Drafted Mediation Letter. Drafted responses to Plaintiff's Second Request for Production. 1.90 04/09/2020 GB Continued drafting Mediation Letter. 1.20 04/10/2020 IR Preparation of updates to Trial Witness and Subpoena Duces Tecum Tracking charts, in preparation for upcoming discovery and trial, in Palm Beach County; online court docket searches for Trial Order, entered by the Court; reviewed recently received discovery from the Plaintiff and cross-referenced with previous records, to prepare subpoenas duces tecum; 2.70 TAD Receipt and review of amended summary judgment. Revise same to include additional information. Prepare correspondence re: same. Review correspondence re: response to request for production and prepare response to same. Review Hoggatt deposition re: additional discovery/witnesses re: trial preparation. Confer with GB re: additional information needed and re: mediation. 3.40 GB Edits to Motion for Summary Judgement. Read Plaintiffs Deposition Transcript; Hoggatt's Deposition Transcript; Kinser's deposition transcript; and Clemons' deposition transcript. Reviewed FMLA/ADA documents from the City. Legal research regarding City's discretion. Drafted Notice of Filing Deposition Transcripts. Reviewed Judge's Motion for Summary instructions. 5.50 04/13/2020 TAD Receipt and review of correspondence from City re: Kinser deposition. Prepare response to same. Review plaintiff discovery responses and prepare notice of non-party production for additional medical records for trial and discovery. Prepare subpoenas. Confer with GB re: evidence for trial/motions. Review trial order re: discovery and expert deadlines for trial. 2.80 GB Telephone conference call with TAD regarding Motion for Summary Page 93 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31167 Brescia, Brandon (EEOC Complaint) HOURS Judgment. Telephone Conference Call and emails with the City Manager regarding certified copies. Finalized first draft of Mediation Letter. Finalized responses to Plaintiffs 2nd Request for Production. Reviewed documents and put together Exhibits for Motion for Summary Judgment for certification. 2.40 04/14/2020 TAD Receipt and review of correspondence from plaintiff re: non-party records. 0.10 GB Email correspondence with the City regarding certification. Reviewed certification. 0.30 IR Receipt and review of recently filed discovery regarding Plaintiff's medical entities and individual physicians/ medical providers, from April 13, 2020; receipt and review of today's filing by the Plaintiff, of his Notice for Copies that pertain to sets of medical records, issued and filed with the Palm Beach Circuit Court on April 13, 2020, by Defendant; prepared ticklers to update discovery tracking, to be in compliance with Plaintiff's requests regarding same; 0.80 04/15/2020 GB Emails with TC regarding G. Hoggatt's Deposition Transcript 0.10 04/16/2020 IR Reviewed the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to update witness information pertaining to upcoming depositions; 0.20 04/17/2020 IR Reviewed discovery records, received from Plaintiff's counsel and prepared updates to Trial Witness, Trial Exhibits and Subpoena Duces Tecum tracking chart, to utilize for the City of Boynton Beach's trial disclosures, due to the court next month; organized records to support attorneys during mediation on June 15, 2020 with Louis Williams at Matrix Mediation; 2.30 TAD Receipt and review of correspondence re: mediation. Prepare revisions to same. Confer with IVR re: mediation information. 1.30 04/20/2020 IR Online research of Plaintiffs current business [working from his home], to include and for use at upcoming mediation and trial; reviewed and confirmed recently filed discovery responses, propounded and responded to by each set of parties, reviewed same and initial attempt to organize into chronological order for use at trial, as well as upcoming discovery, including mediation; 2.60 04/21/2020 IR Compiled and virtual records, in chronological order in preparation for trial and for upcoming depositions, and mediation; created revisions to trial and mediation notebook for same; linked sets of the City of Boynton Beach's records, including emails, personnel records, medical reports, discovery and pleadings in paperless format; prepared updates to Trial Witness, Exhibits and Subpoena Duces Tecum tracking chart, to include deadline of records from medical providers and entities, along with Plaintiff's Notice of No Objection and Request for Copies, for sets of records when received from said entities; ticklers prepared for trial deadlines, in connection with discovery deadlines, to be in compliance with Judge Kelley's Trial Order, entered on March 11, 2020; 3.30 04/22/2020 IR Receipt and review of email from TAD regarding expert witnesses; research potential experts' for forensic accountant, neurologist, and possibly Parkinson's Disease medical expert, to hire on behalf of the City of Boynton Beach; telephone conference with GB regarding trial and mediation preparation; draft e-correspondence to potential trial expert witnesses, and Page 94 of 667 Page: 3 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31167 Brescia, Brandon (EEOC Complaint) HOURS included pleadings and summary of litigation, with trial deadlines; prepared ticklers regarding responses from expert forensic accountant and medical experts, for conflict check runs, to receive updated curriculum vitae and fee schedules regarding same; 3.80 TAD Confer with City Manager re: motion for summary judgment. Confer with GB re: outstanding motions. Review plaintiff records re: witnesses and expert issues re: disclosures. Confer with IVR re: expert isssues. 1.60 GB Telephone conference call with TAD regarding Motion for Summary Judgment. Edits to Motion for Summary Judgment and put together exhibits, reviewed and confirmed deposition citations in Motion. 4.10 04/23/2020 IR Research potential expert witnesses, to represent the City of Boynton Beach; online searches for neurologists, with a specialty in Parkinson's Disease; prepared email and received responses from physician contact at Personalized Orthopedics of the Palm Beaches, regarding neurologist expert medical witness; online research of Paul Winner, D.O., Jose Zuniga, M.D. with Palm Beach Neurology Premiere Research Institute; online research of Cleveland Clinic Florida Neuroscience physicians regarding background in litigation practice; reviewed curriculum vitae and other background searches of Parkinson's Disease medical specialists, regarding their trial experience and attorneys' recommendations; 3.90 04/24/2020 IR Continuation of preparation for trial, including research of Plaintiffs expert witnesses; reviewed witness deposition transcripts, for word search of medical links, to assist with expert selection, in compliance with the Court's Order Setting Trial, for the trial period commencing August 3, 2020 through September 11, 2020; 4.10 04/27/2020 IR Receipt and review of emails from M. Kridel, expert forensic accountant, regarding his representation and run of conflict checks in this matter; prepared emails to TAD regarding same; reviewed Plaintiffs documents received regarding economic loss claims; telephone conferences regarding expert witnesses, medical records, and upcoming trial preparation and projects needed, prior to trial cut-off dates; 3.90 GB Telephone Conference call and Emails with TAD and IVR regarding expert witnesses. Drafted letter to City regarding expert. 1.30 04/28/2020 IR Receipt and review emails from Michael Kridel, CPA, forensic accountant, regarding fee engagement contract, to hire as an expert in this litigation; prepared email to TAD and GB regarding same; prepared email to Michael. Kridel, CPA regarding anticipated expert witness testimony and work on this matter; research of practicing South Florida medical specialists, including but not limited to neuropsychological medical experts who have litigation experience and background; preparation of updates to Trial Witness, including Experts and Subpoena Duces Tecum tracking chart for the City of Boynton Beach, with findings of potential medical experts who are qualified to testify in Florida courts; 5.10 04/29/2020 IR Reviewed Plaintiffs expert witness reports and notes, to send in a package to Michael Kridel, CPA, the anticipated forensic accountant for the City of Boynton Beach in this litigation; 0.50 04/30/2020 IR Research of Florida Department of Business and Professional Regulation website regarding Cannon Clarke, CPA, LLC, Christopher R. Cannon, CPA and James Wayne Clarke, CPA; background searches performed on Page 95 of 667 Page: 4 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31167 Brescia, Brandon (EEOC Complaint) HOURS Plaintiff's expert witnesses and updated the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, regarding findings; research on Plaintiffs medical experts, on various platforms, updated tracking chart; reviewed email to process servers, regarding service on Plaintiff's medical and other provides, in preparation for mediation and upcoming trial; prepared ticklers to receive sets of records, and follow up service; 3.40 FOR CURRENT SERVICES RENDERED 63.90 10,171.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 18.10 $205.00 $3,710.50 INGRID RIERA 36.60 125.00 4,575.00 TRACEY A. DECARLO 9.20 205.00 1,886.00 Photocopies 2.80 TOTAL EXPENSES THRU 04/30/2020 2.80 TOTAL CURRENT WORK 10,174.30 BALANCE DUE $10,174.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905369 Suite 101 STATEMENT NO: 31168 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 04/07/2020 GB Telephone conference call with City regarding discovery and witnesses; Emails with opposing counsel regarding extension of time to file responses to Plaintiff's 1st set of discovery requests and postponing Plaintiff's deposition ; Telephone confrence with TAD regarding Plaintiff's deposition and City's discovery responses; drafted Motion for Extension of Time. Drafted Notice of Cancellation of Plaintiff's Deposition. Drafted agreed Order on City's Motion for Extension of Time and emailed Agreed Order to opposing counsel for approval. 1.10 04/08/2020 GB Submitted Agreed Order on City's Motion for Extension of Time to Respond to Plaintiffs 1st Set of Discovery. Drafted and filed Re-Notice of Plaintiffs Deposition. Email with City regarding information needed for lawsuit. Telephone Conference with TAD regarding information needed from City. Legal Research regarding disparate treatment as it pertains to Whistle Blower claims, 1.70 04/09/2020 GB Prepared for call with Erin Dunn. Telephone Conference with Erin Dunn regarding allegations made by Plaintiff. Drafted Memo regarding conversation with Dunn. 3.00 TAD Receipt and review of correspondence re: information on claim. Confer with GB re: information from City and regarding response to discovery. 0.30 04/13/2020 GB Telephone conference call with TAD regarding depositions. 0.10 04/14/2020 TAD Telephone conference with City re: discovery materials. Confer with GB re: same. 0.40 04/16/2020 IR Reviewed Plaintiff deposition notice, for May 21, 2020 and updated the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart pertaining to same; reviewed subpoena duces tecum to business entities and prepared tickler to receive records on April 30, 2020; reviewed Plaintiff's responses to the City's discovery requests; 1.20 04/21/2020 GB Telephone conference call with City regarding discovery. 0.20 04/22/2020 GB Reviewed documents from City in response to Plaintiff's Request for Production. 1.90 Page 97 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905369 STATEMENT NO: 31168 adv. Moyse, Roseline (RLO) HOURS 04/23/2020 IR Receipt and review of proprietary sets of personnel and other records, received from the City of Boynton Beach regarding Plaintiff, Roseline Moyse; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart; 1.30 GB Reviewed documents from City, drafted responses to Plaintiff's First Request for Production, Request for interrogatories, and requests for production and updated timeline. 4.90 GB Legal Research for Motion in Limine of Plaintiff's Exhibit 17 1.30 04/24/2020 GB Drafted responses to Plaintiffs First Set of Discovery Requests. Reviewed documents from City and added to timeline. 4.00 04/27/2020 GB Telephone conference call and emails with TAD and City regarding discovery. Drafted responses to Plaintiff's discovery. 0.60 TAD confer with GB re: status of discovery and disclosure issues. 0.20 04/28/2020 GB Emails with City regarding discovery. Reviewed City's Personnel Policy Manual. 1.20 04/30/2020 GB Telephone conference call with City regarding documents. Emails with City regarding Plaintiffs discovery. Drafted responses to Plaintiff's discovery requests and reviewed documents in response to Plaintiff's First Request for Production. 4.60 FOR CURRENT SERVICES RENDERED 28.00 5,540.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 24.60 $205.00 $5,043.00 INGRID RIERA 2.50 125.00 312.50 TRACEY A. DECARLO 0.90 205.00 184.50 Photocopies 27.30 TOTAL EXPENSES THRU 04/30/2020 27.30 TOTAL CURRENT WORK 5,567.30 BALANCE DUE $5,567.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 98 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905423 Suite 101 STATEMENT NO: 31169 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 04/01/2020 TAD Review information from plaintiff from discovery and disclosures re: depositions. Prepare information for depositions requested by Plaintiff re: City employees. 2.80 04/03/2020 TAD Receipt and review of deposition of Kirit Shah. Prepare outline of same re: motions and additional discovery. 3.20 04/13/2020 TAD Receipt and review of order on Cafaro Motion to Dismiss. Confer with Cafaro re: same. Prepare correspondence to City re: order and status. Review plaintiffs' amended discovery responses. Review order re: discovery and begin draft of motion to compel plaintiffs' response to requests for production. 3.40 04/14/2020 TAD Complete deposition summary. Continue preparation of motion to compel and review case law re: same. Prepare correspondence to plaintiff re: same. 2.30 04/15/2020 TAD Receipt and review of notice of deposition of Woods. Receipt of notice of deposition of Chief Snow. Prepare correspondence re: same. Revise motion to compel to include additional requests and case law. Review order re: discovery procedures. 2.20 04/16/2020 IR Receipt and review of the Court's Order Granting Defendant, City of Boynton Beach, Police Officer Gregory Cafaro's Motion to Dismiss Counts I and II, relating to qualified immunity; reviewed email to client regarding same; reviewed trial witness list and Plaintiff's discovery requests; preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart, specifying city employee depositions in April and May, 2020; 0.60 TAD Receipt and review of correspondence re: information from Cafaro and prepare response to same. Revise motion to compel re: additional case law. Review records from City re: preparation for deposition of Snow. Review trial order re: deadlines. 2.80 04/17/2020 TAD Continue review of records re: depositions of Snow and Woods. Receipt of correspondence from plaintiff re: deposition of Woods and prepare response to same. Prepare correspondence re: depositions. Review case Page 99 of 667 Page: 2 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31169 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS law re: plaintiffs claims re: plaintiff's testimony re: motions. 2.90 04/20/2020 IR Reviewed upcoming deposition and discovery and prepared revisions to the City of Boynton Beach's Trial Witness, Exhibits and Subpoena duces tecum tracking charts; reviewed documents related to upcoming depositions of City current and former employees; 0.50 TAD Receipt and review of motion to compel depositions and exhibits. Receipt of notice of mediation. Prepare correspondence re: depositions. Receipt of correspondence from Court re: motions. Receipt of notice of hearing. Prepare correspondence to fire department records custodian re: deposition and further information. Prepare correspondence to Vice Mayor re: deposition. Telephone conference with City re: depositions. Prepare correspondence to plaintiff re: depositions and exhibits. Continue preparation for deposition of Woods. 3.80 04/21/2020 IR Receipt and review of emails from Magistrate Judge William Matthewman, regarding its Paperless Order, filed on April 20, 2020, ordering the Plaintiff to compel its discovery responses to the City of Boynton Beach by April 23, 2020 and for the City to file its replies thereto by April 24, 2020; the parties to file a Joint Notice regarding outstanding discovery issues and the Court further ordered the parties appear for hearing on April 30, 2020 for remaining discovery issues not resolved; prepared ticklers regarding the Court's deadlines; 0.90 TAD Telephone conference with Michael Butt re: information on deposition. Prepare correspondence re: same. Prepare correspondence to plaintiff re: depositions. Review discovery history and begin draft of response to plaintiffs motion to compel. Receipt of correspondence from Chief Snow re: pre-deposition meeting and prepare response to same. Receipt of correspondence from plaintiff re: Woods deposition. Receipt of amended notice of deposition. Continue review of records re: depositions. 2.70 04/22/2020 TAD Receipt and review of correspondence re: deposition of Butt. Prepare correspondence re: same. Continue preparation of documents for Woods deposition. Prepare correspondence to Chief Snow re: deposition documents. Review trial order re: disclosures and additional discovery. Prepare correspondence re: same. Confer with IVR re: expert information. Review deposition of Shah and prepare notice of non-party production and subpoena. 4.60 IR Receipt and review of email regarding trial preparation; organized trial order outline, to include additional updated deadlines, with ticklers; draft e-correspondence to potential forensic accountant, which include sending pleadings, for conflict checks; 1.40 04/23/2020 TAD Receipt and review of correspondence from plaintiff re: deposition of Woods. Receipt of amended notice of deposition. Continue preparation for deposition of Woods. Complete response to motion to compel depositions. Telephone conference with Mayor re: deposition and prepare correspondence re: same. Prepare additional correspondence re: depositions. Revise motion and prepare exhibits for same. 3.60 04/24/2020 IR Receipt and review of Response to Opposition Regarding Plaintiff's Motion to Compel Deposition,with reply due 4.30.20; receipt and review of Plaintiff's Response in Opposition to Motion to Compel Responses to Request for Production Nos. 19, 20, 32 &41 and Motion for Protective Order by Mata Chorwadi; receipt and review of Motion for Protective Order; Page 100 of 667 Page: 3 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31169 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS receipt and review of Clerk of the Court's Notice to Filer[Mata Chorwadi] regarding their Response in Opposition incorrectly filed; 0.30 TAD Receipt and review of plaintiffs response in opposition to City's Motion to Compel. Review case law. Prepare reply memorandum. Attend deposition of Woods. Receipt of exhibits from Plaintiffs counsel. Review case law re: reply. Prepare reply. Attend telephone conference with Plaintiff counsel. Revise reply re: conversations with plaintiff. Receipt of correspondence from Commissioner re: depositions and prepare response to same. Receipt of correspondence from City re: information on depositions. Receipt of plaintiff's reply memorandum re: motion to compel. Prepare correspondence to communications director and receipt of response to same. Receipt of correspondence from plaintiff re: deposition of Katz. 5.80 04/27/2020 TAD Receipt and review of proposed statement for court. Review case law re: protective order. Revise statement and prepare correspondence to plaintiff re: same. Receipt of correspondence from plaintiff re: additional authority and review same re: discovery dispute. Prepare revisions to statement an prepare correspondence to plaintiff re: same. Confer with City re: records information. Receipt of correspondence re: same. Receipt of additional correspondence from plaintiff re: statement to court. Review revisions and prepare additional revisions and comments re: same. Prepare correspondence to plaintiff re: changes. Prepare outline for hearing. 4.90 IR Receipt and review of email from prospective forensic accountant trial witness; prepared responsive email to expert; email to and from TAD regarding forensic accountant witness; 0.60 SHB Discuss confidentiality and public records matters with TAD; research re: basis for confidentiality. 0.60 04/28/2020 IR Receipt and review of court filings by the Plaintiffs, that pertain to Magistrate Judge Matthewman's special set hearing, currently set for April 30, 2020; 0.20 TAD Receipt and review of correspondence from plaintiff re: depositions. Prepare exhibits for Comm Katz deposition. Prepare correspondence re: same. Receipt of notice filed by Plaintiff re: hearing issues. Prepare outline for depositions of commissioners. Review plaintiffs case law re: Motion for Protective order and review opposing case law re: same for hearing. 2.20 04/29/2020 TAD Prepare documents for deposition of Mayor. Prepare correspondence re: same. Review case law re: hearing on motion for protective order issues and motion to compel. Receipt of deposition of Pierre. Prepare outline of same re: trial and motions. 1.80 04/30/2020 TAD Receipt and review of correspondence re: deposition of Mayor. Prepare correspondence re: same. Attend hearing on Motion for Protective Order and other discovery issues. Confer with JAC re: discovery issues. Review case law from Court re: plaintiff's motion. Prepare correspondence to plaintiff re: deposition issues. Receipt of correspondence from plaintiff re: conference. 2.70 FOR CURRENT SERVICES RENDERED 56.80 11,284.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 INGRID RIERA 4.50 125.00 562.50 TRACEY A. DECARLO 51.70 205.00 10,598.50 Page 101 of 667 Page: 4 CITY OF BOYNTON BEACH 05/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31169 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit TOTAL CURRENT WORK 11,284.00 BALANCE DUE $11,284.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 102 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905458 Suite 101 STATEMENT NO: 31170 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Drappes, Madelyn (Tree Root Damage) Billing Category: 18- RLO Claim# HOURS 04/08/2020 TAD Receipt and review of correspondence re: claim status. Receipt of report and pictures. Prepare correspondence re: same to City. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 103 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905462 Suite 101 STATEMENT NO: 31171 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Copabianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim#20806974 HOURS 04/02/2020 TAD Prepare request for production to Plaintiff. Review statute re: required actions and interpretations of same re: retaliation claims. Continue to review investigation materials re: response to complaint and initial report. Revise interrogatories to the Plaintiff to include additional requests. Revise affirmative defenses to include additional defenses. 3.70 04/08/2020 TAD Receipt and review of correspondence from City re: reservation of rights. Review reservation. 0.60 04/09/2020 TAD Review case law re: additional defenses. Revise City's affirmative defenses. Revise discovery to Plaintiff. 1.70 04/10/2020 TAD Receipt and review of additional materials re: investigations and complaints for discovery. Revise discovery requests to include additional information. Review case law for initial report. 1.80 04/27/2020 GB Legal research regarding disclosing investigation file. 1.10 FOR CURRENT SERVICES RENDERED 8.90 1,824.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.10 $205.00 $225.50 TRACEY A. DECARLO 7.80 205.00 1,599.00 TOTAL CURRENT WORK 1,824.50 BALANCE DUE $1,824.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 104 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905463 Suite 101 STATEMENT NO: 31172 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Russell, Frederick (MVA) (State Farm Subrogat Subrogation Claim) Billing Category: 18- RLO Claim# HOURS 04/29/2020 TAD Receipt and review of correspondence re: claim. Receipt of reports. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 105 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905464 Suite 101 STATEMENT NO: 31173 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Beaman, Cheryl (MVA) (Allstate SubrogationClaim) Billing Category: 18- RLO Claim# HOURS 04/29/2020 TAD Receipt and review of correspondence re: claim information and information. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 106 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905469 Suite 101 STATEMENT NO: 31174 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Young, Karen M. (MVA) Billing Category: 18- RLO Claim# HOURS 04/29/2020 TAD Receipt and review of correspondence re: claim and claim information. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 107 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905476 Suite 101 STATEMENT NO: 31175 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Cesar, Anthony (MVA) Billing Category: 18- RLO Claim#20813504 HOURS 04/29/2020 TAD Receipt and review of correspondence re: claim and information. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 108 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905479 Suite 101 STATEMENT NO: 31176 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Kambouris,Evangelia (Property Damage Sewer Back-up) Billing Category: 18- RLO Claim#20812964 HOURS 04/29/2020 TAD Receipt of correspondence re: claim information and pictures. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 109 of 667 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 05/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905480 Suite 101 STATEMENT NO: 31177 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18- RLO Claim# HOURS 04/29/2020 TAD Prepare correspondence re: claim information. Receipt of response to same. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 110 of 667 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach April 9, 2020 Attn: claims@bbfl.us Bill No. 51421 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 03/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 03/02/20 Receipt and review of Audit Letter for City of Boynton Beach. LHR 0.20 03/03/20 Correspondence to Caler, Donten, Levine, Porter & Veil, PA, re: JHL 0.30 City of Boynton Beach audit letter. 03/05/20 Preparation of correspondence to Officer Jermaine Jones re: LHR 0.30 case settlement and release from trial. 03/05/20 Preparation of correspondence to defense expert, Dr. Michael LHR 0.30 Zeide, re: case settlement and to discontinue work. 03/05/20 Preparation of correspondence to defense expert John Peters, LHR 0.30 re: case settlement and to discontinue work. 03/05/20 Receipt and review of e-mail from John Peters re: case LHR 0.10 settlement pertaining to Plaintiff, Kevens Jean-Baptiste. 03/14/20 Receipt and review of Court's executed Order Setting LHR 0.20 Telephonic Status Conference. 03/16/20 Preparation of e-mail to Plaintiffs counsel Anderson & City's LHR 0.20 counsel DeCarlo re: requesting confirmation one of their offices will handle preparing the Court's required Joint Notice of Settlement which is due by 5pm today per Judge Altman's directives at the telephonic status conference this morning. 03/16/20 Receipt and review of Court's notice of paperless minute entry LHR 0.20 from telephonic status conference. 03/16/20 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Anderson re: confirming he will prepare the Joint Notice of Settlement required by the Court. 03/16/20 Receipt and review of Court's executed Order administratively LHR 0.20 closing case. 03/16/20 Receipt and review of e-mail from Plaintiffs counsel Anderson LHR 0.40 re: proposed Joint Notice of Settlement, and review of same. Page 111 of 667 Client: City of Boynton Beach April 9, 2020 Matter: 18352 - Jean-Baptiste v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 03/16/20 Preparation of email response to Plaintiffs counsel Anderson LHR 0.20 re: proposed revisions to proposed Joint Notice of Settlement to include named Plaintiff Renette Jean-Baptiste even though Kevens is no longer minor. 03/16/20 Receipt and review of email response from City Attorney LHR 0.20 Tracey DeCarlo to Plaintiffs counsel Anderson re: her agreement with our proposed revisions to proposed Joint Notice of Settlement to include named Plaintiff Renette Jean-Baptiste even though Kevens is no longer minor. 03/16/20 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.30 Anderson re: revised proposed Joint Notice of Settlement, and review of same. 03/16/20 Receipt and review of third email from Plaintiffs counsel LHR 0.20 Anderson re: agreement to include original Plaintiff Renette Jean-Baptiste in Joint Notice of Settlement and will revise and resend. 03/16/20 Receipt and review of fourth email from Plaintiffs counsel LHR 0.30 Anderson re: revised proposed Joint Notice of Settlement, and review of same. 03/16/20 Receipt and review of second e-mail from City Attorney Tracey LHR 0.20 DeCarlo to Plaintiffs counsel Anderson re: approval of revised proposed Joint Notice of Settlement. 03/16/20 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Anderson re: approval of revised proposed Joint Notice of Settlement. 03/16/20 Receipt and review of Joint Notice of Settlement (as timely filed LHR 0.40 with Court per Judge's directives). 03/16/20 Receipt and review of fifth email from Plaintiffs counsel LHR 0.30 Anderson re: Notice of Minor Reaching Majority Age previously executed by Renette Jean-Baptiste relinquishing claims, and review of same. 03/16/20 Attendance at Court ordered telephonic status conference LHR 0.40 before Judge Altman and receiving his directive to file Joint Notice of Settlement of Case by 5pm today. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JHL Jordan H. Lewis, Associate 0.30 160.00 48.00 LHR Lyman H. Reynolds, Jr., Partner 5.30 185.00 980.50 Total Professional Services 5.60 $1,028.50 Page 112 of 667 Client: City of Boynton Beach April 9, 2020 Matter: 18352 - Jean-Baptiste v. Boynton Beach et al. Page 3 CURRENT BILL TOTAL AMOUNT DUE $ 1,028.50 Balance Forward: 3,436.90 Payments &Adjustments: -3,436.90 Total Due: $ 1,028.50 Page 113 of 667 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 51421 Bill Date: April 9, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 18352 Matter Name: Jean-Baptiste v. Boynton Beach et al. Total Professional Services 1,028.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 1,028.50 Balance Forward: 3,436.90 Payments &Adjustments: -3,436.90 Total Due: $ 1,028.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $1,028.50 Page 114 of 667 6.C. CONSENTAGENDA 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Accept the Inclusion Works Business Recognition Program quarterly report for January - March 2020. Explanation of Request: On December 3, 2019, City Commission authorized staff to implement the Inclusion Works Business Recognition Program and approved the use of 1% of Business Tax Receipts to fund the program beginning in FY2020. Staff worked behind the scenes to create the program in January 2020, and opened it to the business community in February, 2020. The first quarterly report details the progress to date. How will this affect city programs or services? The report provides a status update amid the COVI D-19 pandemic and provides the next steps to further assist the business community. To participate, businesses will complete an online application and four initial required actions: 1. Establish a policy to fully comply with the Americans with Disabilities Act(ADA) and schedule one hour of training provided by the City's Inclusion Support Team on the ADA 2. Confirm that employees have viewed "At Your Service" Customer Service video 3. Review Service Animal regulations and establish a Service Animal Policy 4. Develop multiple methods for patrons to provide feedback, including a policy on how to address grievances They will then choose at least five voluntary inclusionary actions (from a menu of options) to complete within six months. City staff will conduct a six-month site visit to confirm they have met their commitments and bestow the recognition. Participants will be expected to demonstrate continual improvement by implementing at least one additional inclusionary action per year to remain in the program. The Grants &ADA Coordinator, ADA Coordinator Assistant, and a contractual Business Outreach Specialist, are administering the program with involvement from the City's Inclusion Support Team, Economic Development Specialist and Marketing Manager. Fiscal Impact: Budgeted N/A- report only. Alternatives: N/A Strategic Plan: Strategic Plan Application: Page 115 of 667 Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Inclusion Works Business Recognition Program Quarterly Report Page 116 of 667 Inclusion Works Business Recognition Quorterly Update:01 May 2020 The City of Boynton Beach has done a great job in creating a culture of inclusion.Our residents and visitors are patronizing local businesses every day. It is important to support our businesses in their efforts to better serve our community. The Inclusion Works Business Recognition Program provides education and resources to our local businesses and support their efforts to welcome individuals of all abilities,focusing on customer service and employment opportunities. The program is modeled after the Green Business Recognition Program,and offers the same simple and flexible way for businesses to join the City of Boynton Beach in embracing a culture of inclusion. Milestones- • City Commission approved Inclusion Works and provided 1%of the Business Tax Receipts(BTR)to fund the program, Dec.3,2019. • Business Outreach Specialist, Beth Wagmeister,contracted to provide outreach and networking to promote the program,January 2020. • Webpage on the City website established to help launch the program, February,2020. • Inclusion Works postcards with new logo distributed to businesses at City and Chamber events, February-April,2020. • Business Recruitment leads to Access Perfect Homes,Inc. partnering with City to promote inclusiveness in housing for individuals with mobility issues. • Covid19 forces many businesses to adjust operations or temporarily close,March-to date. • Priority shifts to business survival rather than expansion&inclusion. • Realizing many businesses that serve our residents many not be based in the corporate city limits. The Greater Boynton Beach Chamber of Commerce recentlyjoined with the Boca Raton Chamber of Commerce,which expands the awareness of this program,but excludes businesses based on the BTR requirement. Opp rtunities- • Working with Economic Development Department,connections made with Career Source for re- employment resources for local businesses. • Business Outreach Specialist connecting with businesses via Business over Coffee and the Boynton Beach/Boca Chamber of Commerce virtual events,sharing the new program and it's benefits. Page 117 of 667 Community Feedback • Businesses serving Boynton Beach residents,which are physically based outside the corporate city limits would like to participate. • In response to the culture of inclusion the City has created over the years,the Palm Beach County and Broward County Association of the Deaf are planning to sell their properties and join forces to relocate to Boynton Beach.This relocation will increase the number of individuals who are Deaf patronizing our local businesses.The Inclusion Works program will prepare businesses to provide better customer service and in turn,economic opportunity. Focus Next Quarter- • Research other financial options to enable inclusion of interested businesses in greater Boynton Beach area. • Prepare to apply for the Florida League of Cities Municipal Achievement Award under the category of City Spirit.This award is given to a city for a specific,single,citywide effort to successfully address a local need.The Inclusion Works Business Partner Recognition Program will meet eligibility criteria by the April 2021, nomination deadline. Thank you for your continued support.Working together we will ensure that all individuals have the opportunity to live,learn,work, participate and contribute in every aspect of community life in Boynton Beach. /dm Page 118 of 667 6.D. CONSENTAGENDA 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the six(6) month period ended March 31, 2020, Unaudited. Explanation of Request: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the six(6) month period ended March 31, 2020 (50% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget How will this affect city programs or services? The annual budget is what provides and controls the resources for City programs and services. Fiscal Impact: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2019-20 FY 2018-19 FY 2020 vs. 2019 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 96,437 $ 68,810 71% $ 91,124 $ 65,077 71% 5.8% 5.7% &Transfers Expenditures $(96,437) $(51,885) 54% $(91,124) $(50,197) 55% 5.8% 3.4% Excess (Deficit) $- $ 16,925 $ $ 14,880 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $16.9M surplus for the period ending March 31, 2020. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $79.8M or 83% of our total $96AM General Fund budget estimate for FY 2019- 20. Transfers from other funds (non-revenues) provide $16.6M or 17% of the total funding sources. These three major estimated funding sources are summarized as follows: 1. 40% - $ 38.8M —Property taxes less Tax Increment Financing to the CRA 2. 43% - $41.OM —All other revenues plus General Fund Balance 3. 17% - $ 16.6M —Transfers from other funds 100% - $ 96AM —Total funding sources Page 119 of 667 The property tax rate for FY 2019-20 is 7.9000 mills same as the prior year and yielding net property taxes of $38.8M, which is a 6.82% increase ($2.2M) from FY 2018-19. Actual Funding Sources Realized: At the end of the sixth month in FY 2019-20, revenues and transfers realized are approximately $68.8M or 71% of the budget estimate compared to $65.OM or 71% realized to date in FY 2018-19. The chart below presents the various categories of revenues received to date in the General Fund. F 201 /20 GENERAL FUND OPERATING REVENUES NTERNAL FUNE; (thrua March 31,2020) TRANSFERS, 5',CO3, 34 13'1— NTERE N1 SC F PrJT ---r REVENUE,5 S,74S,599 II LI CE Nl E rC E E,,rAIT CHaRtE,FuR InT,_� ,rlarlT:�. .:riJEs SERV SEs 29,26' ss RATE_HT,IMIC RE_ENUE. .INTERN ur TEArd.Et.�_ i N-ERGCVERNM EN--41_ _ L P.EVE N IJ Es, 3 1,3 .r. LCENEEE.;Nti FERM'T_.S-5,-970.,.27 3'ti Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $35.3M or 91% of $38.8M as compared to $33.1 M or 91% of$36.3M for FY 2018-19, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 5.81% from $91.1M to $96.4M. The budget increase was due to the cost of doing business, Town Square project — office rental, and providing funding related to wage increases. Actual Expenditures— General Fund expenditures are $51.8M, for the sixth month period ending March 31, which is 54% of the $96AM adopted for FY 2019-20. Note: the CRA Tax Increment Financing and the City's annual pension obligations for General Employees, Fire, and Police were paid early in the fiscal year. FY°2019, 20 GENERAL FUND OPERATING EXPENDIIUTRES thru�March 31,2020) LE SURE EP'uc'CE`_;, FUEL RKS, GENERAL L,f7VER Nhr ENT, E:hIE L IRNrJENT 3'97,540 1&% BU LD NG a j,�St i FUHIC E"ELCPt 9EN' 52,;.51,63c,5°£. 4\ EJIL. IPI _,vE?:KCFMENdT FU°LIC b,CFK5 LEi=.JR5:SE:F1 ICH Page 120 of 667 The table at the top of Exhibit B shows year-to-date FY2019-20 spending levels, $51.8M, which is $1.7M ahead of the $50.11M or 55% expended in FY 2018-19 for this same period. The chart below shows the monthly flow of sources and uses. Boynton Beech General Fund Monthly of Revenues&Expenditures from October 2019 to March 2020 r k $20,000..000 m Revenue mExpendtures 0 0 0 0 0 CICT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP n -$10 CG0B;Cs Q UTILITY FUND The FY 2019-20 annual expenditure budget of $50.9M represents a $2.2M increase from the FY 2018-19 budget of$48.7M, see Exhibit C. FY 2019-20 FY 2018-19 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 50,939 $25,290 50% $48,708 $24,684 51% 4.6% 2.5% &Transfers Expenditures $ (50,939) $ (24,583) 48% $ (48,708) $ (23,861) 49% 4.6% 3.0% Excess (Deficit) $- $ 707 $- $ 823 For the sixth month period in FY 2019-20, • Utility Revenues realized are $25.29M (50%), see chart below. • Utility Expenditures incurred are $24.58M (48%) of the appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $707K. Page 121 of 667 FY 2019/20 UTILITY OPERATINREVENUES (thrua March 31,2020) N EKES`&rA SC, FUND SALANH, 2C7,E7511x1 „S,,_S 5,, =c F rA r,a=E F lJ L-I FEE, y[ MV� -ER SALE' oSEVER SERV,LE SE tE.R�ERti"� F S7CRM.4�-ER U7,1-1-,'FEE rt,45'n7�4',r 3�1,X45 , (Ir LIN r;z;`.LA NL E Expenditures (Exhibit D)— Utility Fund FY 2019-20 expenditures to date are $25.29M or 50% of the annual appropriation compared to expenditures of $24.68M or 51% for the prior fiscal year. The comparison of revenues and expenditures thru March is presented in the chart below. Boynton Beach Utility Fund Monthly Comparison of Revenues&Expenditures from October 2019 to March 2020 I i , I I OC7 NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP' Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 122 of 667 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum FY1 9/20 GF Fin Report- March Revenue D Addendum FY1 9/20 GF Fin Report- March Expense D Addendum FY1 9/20 GF Fin Report- March Revenue D Addendum FY1 9/20 OF Fin Report- March Expense Page 123 of 667 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2020(50%of Fiscal Year) REVENUES E E FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 47,501,603 $ 44,080,155 93% $ 44,146,986 40,953,783 93% LESS TIF TAXES TO CRA 8,693,724 (8,693,724) 100% 7,816,311 (7,823,321) 100% NET TAXES TO THE CITY 38,807,879 35,386,431 91% 36,330,675 33,130,462 91 LICENSES AND PERMITS BUSINESS TAXES 1,701,000 1,573,319 92% 1,750,000 1,650,332 94% BUILDING PERMITS 3,017,500 1,764,032 58% 2,965,000 2,186,399 74% FRANCHISE FEES 4,720,000 2,367,321 50% 4,915,000 2,333,304 47% OTHR LICENSES,FEES&PER 180,000 165,955 92% 222,000 156,543 71 INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 7,536 10% 75,000 12,199 16% STATE SHARED REVENUES 9,365,000 4,688,830 50% 8,852,000 4,411,009 50% SHRD REV FROM OTHR LCL 295,600 174,969 59% 335,000 210,180 63% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 144,782 166,915 115% 124,663 151,981 122% CHRGS-GENERAL GOVT 493,500 241,739 49% 508,688 225,720 44% PUBLIC SAFETY 7,120,560 4,317,874 61% 6,981,200 5,271,727 76% PHYSICAL ENVIRONMENT 14,000 1,965 14% 20,000 3,835 19% CULTURE/RECREATION 404,500 200,771 50% 411,500 208,996 51 INTEREST&MISC REVENUE LIBRARY FINES 25,000 4,790 19% 30,000 6,609 22% VIOLATIONS LOCAL ORD. 395,000 250,702 63% 393,000 243,549 62% INTEREST EARNINGS 163,000 94,057 58% 65,000 127,145 196% RENTS AND ROYALTIES 370,800 159,998 43% 363,800 207,838 57% SPECIAL ASSESSMENTS 6,689,000 6,407,773 96% 6,589,000 6,211,589 94% SALE OF SURPLUS MATERIAL 3,000 10,166 339% 1,500 8,294 553% OTHER MISC.REVENUE 4,445,000 1,821,113 41% 4,264,000 355,297 8% INTERNAL FUND TRANSFERS TRANSFERS 16,642,000 8,321,000 50% 15,927,000 7,963,500 50% FUND BALANCE APPROPRIATED 1,365,468 682,734 0% - - Total Revenues $ 96,437,589 $ 68,809,990 71% $ 91,124,026 65,076,508 71 $110,000 Two Year Cumulative Revenue Comparison and $100,000 CFY Budget-($in thousands) 010,$96,43 $90,000 £3 z c ' $80,000 t __..: i_. �. '� S -` 2 $70,000 $60,000 $550000 n $40,000 t 01 r $30,000 14 r + JV i Ss r U h $20,00001, $10,000 a s. u Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep '7 Cumulative 2018-19 Actual EMM Cumulative 2019-20 Actual -n 2019-20 Budget \\FPS\MAIN\SHRDATA\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review-GF-thru Mar 20 Summarized001 Revenue SummaryRevised Page 1/242of 667 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2020(50%of Fiscal Year) EXPENDITURES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 290,194 $ 162,951 56% $ 276,642 $ 144,587 52% CITY MANAGER 813,689 403,901 50% 774,532 434,976 56% CITY HALL/GEN.ADMIN. 3,610,202 1,466,192 41% 3,202,151 1,344,944 42% MARKETING/COMMUNICATIONS 456,606 184,732 40% 464,668 192,909 42% SPECIAL EVENTS 390,371 99,235 25% 251,889 57,603 0% TOWN SQUARE 5,720,370 2,809,201 49% 4,305,954 2,165,430 50% CITY CLERK 690,961 321,141 46% 763,171 346,468 45% CITYATTORNEY 608,288 323,095 53% 568,011 251,886 44% FINANCIAL SERVICES 1,449,930 791,267 55% 1,348,593 772,542 57% ITS 2,667,646 1,367,355 51% 2,439,074 1,307,696 54% HUMAN RESOURCES 921,624 468,470 51% 822,093 422,972 51% PUBLIC SAFETY UNIFORM SERVICES 16,654,033 10,471,422 63% 17,672,892 10,493,295 59% ADMINISTRATIVE SERVICES 4,814,546 2,119,258 44% 3,236,139 1,787,570 55% SUPPORT SERVICES 12,026,568 6,470,081 54% 10,646,354 6,079,315 57% FIRE 24,676,631 14,306,690 58% 25,455,434 14,995,997 59% COMMUNITY STANDARDS 2,243,648 1,175,705 52% 2,219,335 1,102,502 50% EMERGENCY MANAGEMENT 30,275 1,280 4% 28,775 1,655 6% BUILDING&DEVELOPMENT DEVELOPMENT 1,264,200 666,320 53% 1,233,188 701,078 57% BUILDING 1,540,462 851,303 55% 1,585,060 781,541 49% ENGINEERING 776,319 322,169 41% 659,397 333,884 51% PLANNING&ZONING 808,708 418,637 52% 713,629 365,636 51% ECONOMIC DEVELOPMENT 491,495 223,210 45% 463,475 193,863 42% PUBLIC WORKS PUBLIC WORKS 153,555 85,293 56% 157,875 88,627 56% FACILITIES MANAGEMENT 2,198,902 946,368 43% 1,848,998 928,052 50% STREETS MAINTENANCE 1,260,630 574,845 46% 1,200,324 557,531 46% LEISURE SERVICES LIBRARY 2,599,381 1,327,857 51% 2,336,700 1,176,031 50% SCHOOLHOUSE MUSEUM SERV 386,428 182,396 47% 322,094 115,837 36% RECREATION 3,555,457 1,697,268 48% 3,011,935 1,541,152 51% PARKS&GROUNDS 3,336,470 1,642,709 49% 3,133,819 1,507,274 48% CRA REIMBURSABLE&RESERVES - 5,005 0% - 4,940 0% Total Expenditures $ 96,437,589 $ 51,885,356 54% $ 91,142,201 $ 50,197,793 55% $110,000 Two Year Cumulative Expenditure Comparison and $100,000 CFY-Budget--($-in-thousands) - > $96,43£3 $90,000 $80,000 $70,000 I_ $60,000 orJAV $50,000$40,000 $30,000 c5 $20,000 n $10,000 03 $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2015-19 Actual Cumulative 2019-20 Actual -- 2019-20 Budget \\FPS\MAIN\SHRDATA\Finance\Finmcial Reports\Monthly Financial Reports\FY2019-2020\FY 1920 BudgetReview-GF-a um Ma 20 Summarized001 Expenditure Summary Revised age 5a2of 667 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2020(50%of Fiscal Year) (REVENUES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 23,670,000 $ 11,558,185 49% $ 22,542,000 $ 11,301,010 50 WATER CONNECTION FEE 150,000 63,773 43% 150,000 33,725 22 WATER SERVICE CHARGE 850,000 416,382 49% 850,000 463,855 55 WTR-BACKFLOW PREVNTR TEST 15,000 10,810 72% 14,000 9,284 66 RECLAIMED WATER SALES 500,000 267,470 53% 310,000 250,530 81 SEWER SERVICE 20,200,000 9,751,231 48% 19,635,000 9,810,764 50 STORMWATER UTILITY FEE 4,500,000 2,510,417 56% 4,100,000 2,024,715 49 TELEVISE SEWER LINES 12,000 3,540 30% 10,000 10,364 104 FEES 35,000 15,642 45% 20,000 44,576 223 INTEREST INCOME 35,000 154,263 441% 35,000 139,457 398 SALE OF SURPLUS MATERIAL 2,000 566 0% 2,000 0 OCEAN RGE UT TAX ADM CHG 800 472 59% 800 476 60 MISCELLANEOUS INCOME - 50,300 0% - 75,988 0% LAKE WORTH WATER SEWER - 2,074 0% - 0 FUND BALANCE DECREASE(INCREASE) 969,970 484,985 50% 1,039,304 519,652 50 TOTAL REVENUES 50,939,770 $ 25,290,110 50% $ 48,708,104 $ 24,684,396 51 $60,000.... ..... .... ..... ..... .... ..... .... ..... ..... .... ..... .... ..... ..... Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $50,000 4d•;,94; $40,000 $30,000 o :. n � $20,000 u � $10,000 I a' $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2018-19 Aaual -Cu mu htive 201420 Actua Budget 2019-20 \\FPS\MAIN\SHRDATA\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review-UF-thru Mar20Summarized401 Rev Sum Page 126 of 667 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2020(50%of Fiscal Year) EXPENDITURES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED DISTRICT ENERGY PLANT $ 518,286 $ 31,410 6% $ - $ - 0% WATER DISTRIBUTION $ 1,869,455 $ 949,523 51% $ 1,958,189 $ 951,807 49% PUBLIC WATER TREATMENT 6,621,744 3,074,932 46% 6,683,780 3,238,772 48% METER READING&SERVICES 1,354,984 613,761 45% 1,324,231 705,994 53% WASTEWATER COLLECTION 1,873,486 881,568 47% 1,620,043 774,033 48% WASTEWATER PUMPING STATNS 2,649,931 1,181,397 45% 2,861,825 1,276,026 45% SEWAGE TREATMENT 4,953,120 2,376,116 48% 4,756,000 2,276,477 48% WATER QUALITY 680,159 315,114 46% 644,646 299,277 46% UTILITY ADMINISTRATION 18,958,772 9,211,093 49% 17,381,261 8,566,586 49% UTILITES ENGINEERING 1,411,090 742,660 53% 1,523,222 838,841 55% STORMWATER MAINTENANCE 1,482,652 606,629 41% 1,238,896 597,614 48% CUSTOMER RELATIONS 1,121,708 827,552 74% 1,191,811 600,403 50% DEBT SERVICE 7,444,383 3,771,191 51% 7,524,200 3,735,117 50 Total Expenditures $ 50,939,770 $ 24,582,946 48% r$ 4 8,708,104 $ 23,860,947 49% $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) 54t $50,000 $40,000 pJ $30,000 UD iQ l;t +i Sys !+s(t 1!St 1 t}{ t 20,000 "r�+ t`tt ' `; !4 t§sl t\ $10,000 � 1�tv11{ �ftyli" t{sib, tett{j �� ; Jl)ti, � $0 "F Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep �YRYP M Cumulative 2018-19 Actual -Cumulative 2019-20 Actual 201320 Budget VAFPS\MAIN\SHRDATAAFinanceAFinancial Reports\Monthly Financial Reports\FY2019-2020AFY1920 Budget Review-OF-thru Mar 20 Summarized401 Exp Sum Page 127 Of 667 6.E. CONSENTAGENDA 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on May 5, 2020. Explanation of Request: The City Commission met on May 5, 2020 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 05-05-2020 Page 128 of 667 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE via GOTOMEETING BOYNTON BEACH, FLORIDA ON Tuesday, May 5, 20202020, ATO P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Mayor Grant provided the invocation. Pledge of Allegiance Vice Mayor Penserga led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. All members were present. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Penserga requested to add item 3-G Feeding South Florida Mega Event. 2. Adoption Commissioner Hay moved to approve the agenda as amended. Commissioner Romelus seconded the motion, which unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Page 129 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Katz spoke to several residents regarding the 7-Eleven project. He indicated he did not speak to the owners of the property. Commissioner Hay indicated he also spoke with residents regarding the 7-Eleven project. Updated residents on a testing site for COVID-19 available at St. John Missionary Baptist Church. Noted more than 40 people were tested and everything was going smoothly. Noted the testing would continue for at least six weeks. Commissioner Romelus spoke with residents of District 3, attended the first opening day of COVID-19 testing site at St. John Missionary Baptist Church with Reverend Davis in partnership with Genesis Health. Announced May is Haitian Heritage Month. Vice Mayor Penserga spoke with several residents regarding the 7-eleven project, he also was contacted by representatives of the 7-evelen store. Mayor Grant spoke with Josh Young representing Southland, Neil Schiller, representative of the Shell Gas Station and Andre Parks on another matter. Spoke with numerous residents and received to several emails regarding the 7-Eleven project. Wished all a happy Ramadan. Commissioner Hay gave a shout out to Boynton Strong. They are helping the community with feeding the residents. Mayor Grant noted since Boynton Strong was now 501c3, the City could investigate providing funding. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Representative Joseph Casello will provide an update on the recent legislative sessions. Representative Joseph Casello thanked the City of Boynton Beach for having him. He congratulated Commissioner on his election as well as Vice Mayor Grant Penserga. There was a $93.213 budget passed. This was before COVID-19. The legislature allocated $27.3M in Federal Funds and $25M in State Funds for COVID-19 prepared and $300M in reserves have been earmarked for Keepsake. Representative Casello noted highlights of the 2020 session: $500M in salary increases for schoolteachers, 3% pay raises for all State employees, a recommitment to keep the Affordable Housing Trust Fund. $10.3M to import prescription drugs from Canada. $8.1 for nursing homes for State Veterans and $691M for Water Quality Improvements including Everglades Restoration. $47.7M for sales tax holidays. Representative Casello provided a listing of bills that passed this year. Alyssa is Law modify school safety status and requires each public school to implement a Mobile Panic alert system known as Alyssa's alert and this system may be capable of connecting diverse emergency service technologies to ensure real-time 2 Page 130 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 coordination between multiple first responder agencies to the schools. Passed a joint resolution which would require to have to be a ballot question, for families of veterans and it passed, would allow the surviving spouses of deceased to claim the same Homestead property tax credits available to those families before death the approved by the voters and be effective January 1, 2021 . Another Bill which passed was the for waterways and water sources and combating toxic algae bloom. This Bill protects the water quality by addressing the classic algae blooms, which devastated many of the forest's rivers and Coastal ecosystems in 2018 includes regulations on septic tanks, Utility wastewater treatment systems in stormwater runoff and agriculture runoff biosolids that the sludge of waste which is for processing the fertilizer. $600M has been put aside for First Responder. Representative Casello indicated he was very proud to co-sponsor a bill protecting our First Responders and firefighters. This bill gives firefighters the equipment needed to decontaminate clothing and Equipment. Noted another bill which gained traction was combating anti-Semitism. Palm Beach County High School principal was fired for saying they could not confirm that the Holocaust was a factual event, spurred the legislature to now makes it mandatory for the Holocaust to be taught in all schools in Palm Beach County. There was also the Homestead exemption, which is also a proposed amendment to the State Constitution. Another bill would allow peer-to-peer support between our First Responders without fear of reprisal from superiors. As you know, suicide rates among First Responders is alarmingly high. Representative Casello stated the insulin bill which would have capped the monthly cost of insulin had one hearing died. It may take three four sessions to get something passed, but they do come back. So, this is another one that I will be filing again. Representative Casello co-sponsored the Palm Beach County fire rescue diesel exhaust installation project. Announced the request for $75,000 for the Town Square enhanced ADA pedestrian crossing was awarded to the City of Boynton Beach. Commissioner Katz thanked Representatives Casello for coming out tonight. Indicated he appreciate the great work he is doing in Tallahassee for the city as well as public education and all the teachers. Commissioner Romelus thanked Representative Casello for his efforts. Inquired if he thought there would be a special session, or some type of appropriation. They signed a petition to call for a special session. The governor does not want that to happen, because the subject matter would be about unemployment. He indicated people cannot log onto the unemployment website, they are frustrated and struggling. Vice Mayor Penserga asked about the $315 million for COVID-19 funding. He asked where these funds come from, he is concerned about housing trust and teacher pay. Vice Mayor Penserga stated the money must come from some place. Representative Casello said that everything will be on the table; they have $3 billion in State reserves and the budget is based on sales tax. Representative Casello did not think the current 3 Page 131 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 COVID-19 allocation was enough. The Sadowski fund has over$350 million for affordable housing, which may be tapped into. His biggest fear is the legislature will go after the teacher's pay increase and the 3% pay raise for all State employees. Vice Mayor Penserga knew there was a senate bill and house bill about capping insulin costs. It is a massive financial burden. Representative Casello stated the bill never received a hearing on the senate side. This bill could be refiled. Mayor Grant asked if the Governor could change the budget without going back to session. Representative Casello responded, yes. Mayor Grant restated the governor can reduce certain appropriations without the legislature's approval. B. Proclaim the month of May as Guardian Ad Litem, Speak Up for Kids and Foster Care Appreciation Month. Tonya Cajuste of Speak Up for Kids will accept the proclamation. Mayor Grant read the proclamation into the record. Tonya Cajuste, Speak up For Kids, thanked the City for the proclamation. Noted there are many children in Palm Beach County which are vulnerable. Commissioner Romelus thanked Ms. Cajuste for the service she provides. C. Proclaim May 2020 as Mental Health and Trauma Informed Care Month. Gerda Klein of the Boynton Beach Mental Health Committee will accept the Proclamation. Mayor Grant read the proclamation into the record. Gerda Klein, Boynton Beach Mental Health Committee, thanked all for the proclamation. She expressed gratitude for the city's commitment to mental health awareness and encouraged all to wear green and send a selfie on social media. Ms. Klein asked the Commission to watch for a virtual presentation to promote good mental health. If ever there was a time to promote it, the time was now. Noted Commissioner Hay is the president of the Boynton Beach Mental Health Committee. Commissioner Hay thanked the City for their continued support. Expressed the Boynton Beach Mental Health Committee is doing great work and collaborates with several organizations. He looks forward to the city for financial support of the Mental Health program. Noted the Mental Health Committee is looking to do mini programs within the churches. This is the time to look at mental health. Mayor Grant worked with the committee regarding door hangers. Announced the 211-resource service is free. 4 Page 132 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 D. Proclaim May 3-9, 2020 as Municipal Clerks Week. Crystal Gibson, City Clerk of Boynton Beach, will accept the Proclamation. Mayor Grant read the proclamation into the record. Crystal Gibson, City Clerk, thanked Mayor Grant for the proclamation and said she was honored to be a public servant. She recognized all her staff, noted staff works very hard and extended her appreciation to them. Commissioner Hay stated over the years of being a Commissioner, he thought he knew what to do regarding the last election, but Ms. Gibson always pointed him in the right direction. Ms. Gibson was an angel and he gave her and her staff a shout out for the patience they have with all the Commissioners. He thanked her for the recent election. Mayor Grant and Commissioner Romelus also thanked Ms. Gibson. E. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits Mary Lou Bedford, Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce, explained that the Central Palm Beach County Chamber of Commerce is a private, member-driven organization comprising of more than 600 business enterprises, civic organizations, educational institutions, and individuals. The mission of the Chamber of Commerce is to provide leadership that facilitates the creation of a prosperous regional economy and effective advocacy for members. Investing in the Central Palm Beach community through Chamber membership supports a program of work that includes economic development, education and talent development, public policy, transportation & infrastructure, and technology — as well as business attraction, retention, and expansion. The Chamber also provides unique opportunities for business leaders to influence civic, social, and business initiatives through our interaction with local municipalities and communities in coverage area— 15 distinct entities encompassing over 36% of Palm Beach County. Commissioner Hay asked about life after the Coronavirus. Ms. Bedford stated the focus is helping with feeding; most churches are doing virtual sermons. Provided contact website and email addresses: www.CPBchamber.com and info _chamber.com. Mayor Grant informed everyone that the City of Boynton Beach is also a member of Boca Chamber of Commerce. Looking forward to help from the Chamber when this is over. 5 Page 133 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 F. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. Sophia Nelson of SA Nelson provided an overview on the Town Square Opportunity Job Fair on February 14th. Their job was to plan, organize and execute the opportunity fair and connect local job seekers with hiring managers. Their responsibility was the marketing, community outreach and logistics of the event. The scope of the work did not include direct hire or placement. There were 126 opportunity seekers at the event. There were 37 members from a list of Boynton Strong members. There were 27 vendors. The direct hiring companies were Builders Plus, Capital Carpet, Stafford electrical contractors,- Forest Marines to Landscape Services to name a few. No self-identified members of Boynton Beach Strong were hired. The number of opportunity seekers hired were eight out of the 126 of those in attendance. Ms. Nelson stated her company provided some value-added assistance and conducted two pre-meetings with Boynton Strong at Carolyn Sims Center and conducted resume review and provided aftercare support. They had two additional meetings after the job fair, which she took names and starting tracking with direct hire companies. Reiterated there were eight people hired from the event. Indicated lessons learned; there were some skill set deficits. The local group needed training and skill enhancement. They hired four subcontractors. Charisma Adams stated they connected the job seekers with the vendors. All the vendors accepted applications on the day of the event, but SA Nelson staff did not review the application prior to the opportunity fair. Michael Corbet of Career Source stated this was a well-organized event. There were several applicants. Commissioner Katz thanked Sophia Nelson and all involved in the Town Square opportunity job fair. The job fair is an opportunity and not a guarantee; people show up and fulfill basic qualifications. He encourages the applicants to continue pursuing employment. Commissioner Hay commended the group for their efforts. Requested clarification on the deficit of the skill sets the direct hire companies were looking for. He noticed very few general laborer positions were available. Ms. Adams stated one of the areas of interest was heavy equipment operators. Many of the individuals that came in from that group identified as a laborer. There were very few opportunities for general labor. Commissioner Romelus had no questions. Vice Mayor Penserga inquired when applicants apply and are not hired, are they given a reason as to why they were not hired. Ms. Adams stated calls were made and the people 6 Page 134 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 did not return the call, or it was the wrong number. They know people did not respond to calls that were made. Mayor Grant stated this job fair was a failure. There were 127 applicants and only eight were hired. Mayor Grant stated the Commission failed the residents, because they did not place in contract that it expected people to get hired. Help is needed from staff and maybe SA Nelson. This is a very sad thing; the City spends millions of dollars which has not remained in the City. Any future project must have some type of mandate regarding hiring day laborers. There was and is a disconnect with the community. Ms. Nelson stated the training component was missing. She agreed this opportunity was a failure, because of the training component. There is a skill deficit in the City of Boynton Beach. She reiterated eight people were hired. Ms. Nelson disagreed and stated many sub-contractors were hired. Mayor Grant stated if there is no proof, it does not count. Ms. Adams replied she would give a listing of the sub-contractors to David Scott. Ms. LaVerriere stated the skill set is what needs to be addressed, through the building wealth in the community. Provide a series of training sessions, such as how to find a job and how to create a resume to name a few. Staff will work on developing those programs. Commissioner Katz stated he was open to a discussion to try to improve the outcome of future job fairs. Commissioner Katz noted the CRA discussed training opportunities and partnerships, but there were some issues to be worked out. Commissioner Katz stated it is not feasible to hire unskilled workers for skilled work. His solution is finding a way to train people before they apply for positions. Mayor Grant discussed trade unions. Trade unions provide their own training. This may increase the cost of a project, but the Commission should consider this option. Commissioner Katz said trade unions have apprenticeship programs and will make sure the participant makes a living wage. There is an ordinance, which mandates a percentage of worksites needs to have trained apprentices. This would force the city to hire people in the apprenticeship program. He favored looking at that on the CRA side because they have funds explicitly for that purpose. David Scott, Economic Director, indicated he would look at opportunities to provide educational grants and training. G. Mega Food Distribution Feeding South Florida Vice Mayor Penserga announced every Thursday from 9am to 11 am in partnership with Feeding South Florida at the Boynton Beach Mall, at Christ fellowship Church, there is a food distribution. This week the event will be on Saturday, from 9am to 11 am at Boynton 7 Page 135 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Beach Mall. Announced this event will feed 5,000 families. He thanked all for making it possible and he asked for volunteers. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Tory Orr, 407 NE 17th Avenue, Apt 101, said he wanted to talk about the job fair, where 140 people came out, but only eight people were hired. He said that Ms. Nelson stated they do not need laborers; he walked over to the site and he saw laborers with shovels in their hand. No one called him. He said he was a skilled labor. This is about the entire Boynton Beach, not only Boynton Strong. Mr. Orr stated when SA Nelson came to the Carolyn Sims Center, Ms. Nelson guaranteed jobs to the people, not an opportunity for a job. He has several people who can back him up. There were no telephone calls made. He indicated the telephone is on and he is waiting for a call for a job. He would like to have a listing of the people who were called which did not answer the telephone or the telephone was disconnected. Indicated Boynton Strong feeds people all week long and they were disrespected today. Mayor Grant stated this opportunity fair was a failure. The vendors were looking for skilled laborers, not day laborers. Seeing no other hands raised, Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Recreation and Parks Senior Advisory Board Mayor Grant announced openings for each Board. 8 Page 136 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Motion Mayor Grant nominated Thomas Ramiccio to the Historic Resources Preservation Board (Reg). Vice Mayor Penserga seconded the motion, which unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant would like to pull item B (#11) A. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for May 05, 2020- "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over$10,000 for the month of March 2020. Mayor Grant stated this was for the purchase of radar control speed signs. He thanked the City Engineer and the Public Works Department. This is a traffic calming method and he hoped to place additional signs around Boynton Beach. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which passed unanimously. C. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 19/20. D. Proposed Resolution No. R20-033 -Authorize the Mayor to sign FPL easement forms for new street lighting associated with the Town Square project. E. Piggy-Back the Palm Beach County School District Contract #20C-21T for the extension period of the contract which expires on December 31, 2024 and approve an annual blanket for Precision Air Systems, Inc. of Wellington, Florida for an additional amount of $60,000.00, (total annual expenditure $140,000.00). This is for air conditioning repairs/services and preventative maintenance needed at various City Buildings. The Palm Beach County School Board's bid process satisfies the City's competitive bid requirements. 9 Page 137 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 F. Proposed Resolution No. R20-034 -Authorize Mayor to sign a grant participation and reimbursement agreement between Virgin Trains USA Florida LLC and the City of Boynton Beach for the construction of supplemental safety improvements at two (2) railroad crossings and contribute $27,131.93 (20% local match) to partially fund these improvements. G. Proposed Resolution No, R20-035 - Approve and authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Quantum Park Overlay Development District (QPODD) for enhanced maintenance services. H. Approve minutes from the City Commission meeting on April 21, 2020. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 Vice Mayor Penserga pulled item 7-A A. Proposed Resolution No. R20-036 -Approve piggybacking and authorize the City Manager to sign a Contract, in accordance with the terms & conditions of The City of Pompano Beach Community Redevelopment Agency Unarmed Roving Security Guard Contract; placed in accordance with RFP P-15-19 issued on 02/28/2019, approved for award by Resolution No. 2019-35 on 06/18/2019, and fully executed and notarized 06/25/2019 for an annual estimated amount of $125,000 not to exceed $150,000. Contract is for a period of three (3) years, with 2 years remaining with an option to renew for two (2) one-year terms for a total $500,000 estimated amount over the total potential four-year term of the agreement. Vice Mayor Penserga asked about the nature of these jobs; they are part roving security and welcoming team. How many roving securities would be needed and the qualifications involved? Police Chief Gregory noted last summer the Commission asked for a presentation for a security plan in Town Square and Greater Downtown. They had discussed an ambassador plan with main core being corridor of Town Square and City Hall. Indicated Pompano Beach and Miami Dade County uses this program. This service was more aesthetically pleasing than a traditional armed guard. 10 Page 138 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Vice Mayor Penserga indicated he was not sure why these services were needed. It would seem these services could be offered via the Police Department. Could we hire our own ambassador? What is the upside by not doing this in-house? Chief Gregory responded the City could begin tomorrow with the vendor versus the City hiring and training ambassadors. The city needs to establish and fund the positions. He was not sure of the City's time frame to advertise, interview, background check would take longer. He explained with a third-party vendor the city would have the ability to scale the contract to the city's needs. This is a milder, gentler face. Using ambassadors, the City could pay for only what is needed. They need to create high visibility so people will come to the new Town Square and take advantage of the amenities and activities. Guard service ambassador program will supplement police service. There will be security at the City Commission meeting chambers. Utilizing those services would lower cost for the Police Department. The rovers are professionally trained and licensed with their own insurance. This gives the city the ability to start small and grow and the opportunity to evaluate the future needs of the city. Vice Mayor Penserga, asked how many people the department is looking to hire. Chief Gregory stated they were looking more at the hours of the personnel. He indicated he would have those numbers for the Commission tomorrow. Vice Mayor Penserga stated the Town Square is not going to be ready tomorrow, the city does not need this service now. What is the nature of the contract? Is it possible for some local people to be hired? Chief Gregory stated the city would hire a contractor, like crossing guard contractors. They will submit time sheets and paid based on time sheets, but there will be a maximum hour not to be exceed. Commissioner Romelus thanked the Chief and Ms. LaVerriere for their foresight and trying to do something, which is cost effective. The City wants to make sure the residents and visitors feel safe. Mayor Grant asked if the CRA would reimburse the city for the security guard services. Chief Gregory commented they could review that opportunity. Indicated this could be done if it was strictly a CRA function. Mayor Grant stated there are certain high crime areas in the city, inquired if the rovers would be used in those areas as well. Chief Gregory responded they would use the regular police. The Rovers would be used for non-violent disturbances and quality of life issues. Mayor Grant understood the benefit of a third-party vendor, but he would like to see about hiring some Community Service Officers so the city can patrol itself. 11 Page 139 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Romelus indicated she was not onboard for the CRA paying for additional services. Mayor Grant expressed the CRA could hire their own security for pirate fest. He thought if the city had its own contract, it would be beneficial to all. Motion Vice Mayor Penserga moved to approve, Commissioner Hay seconded the motion. The motion unanimously passed. B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for May 05, 2020- "Request for Extensions and/or Piggybacks." C. Proposed Resolution No. R20-037 -Approve Award of Bid No. 012-2511- 20/EM for HVAC Maintenance and Mechanical Services and authorize the City Manager to sign a contract with A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974 as the lowest, most responsive, responsible bidder for an annual estimated amount of$150,000 for a period of three (3) years, with an option to renew for three (3) one-year terms for a total $900,000 estimated amount over the total potential term of the agreement. D. Approve Task Order UT-1 B-01 with Carollo Engineers in the amount of $189,512.00 for the design, permitting, bidding, and construction support services for the Silverwood Area Force Main project in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018. E. Proposed Resolution No. R20-038 -Approve and authorize the City Manager to sign Amendment No. 2 to the Developer's Agreement with Knuckles, LLC for the construction of sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal Highway. Motion Commissioner Romelus moved to approve the Consent Agenda for items over $100,000 as amended. Commissioner Hay seconded the motion which passed unanimously. 8. PUBLIC HEARING 6 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. 12 Page 140 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 A. Proposed Ordinance No. 20-005 - First Reading -Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). Mayor Grant noted that individuals have written in, and there are others, which would like to speak on this item. Mayor Grant stated the applicant would speak, then the Commission would be allowed to ask questions. The audience would be given an opportunity to speak on the item. Brian Seymour indicated as a point of clarification, there may be a need to cross- examine the intervener based on information received today. Mayor Grant stated yes. Attorney Cherof read the proposed Ordinance No. 20-005 into the record by title only on first reading. Attorney Cherof stated there are four items involved in this matter, the first is an amendment to the future land use is a legislative matter, there are three quasi- judicial matters; rezoning of the property, the Conditional Use and Major Site Plan Modification. He swore in all who wished to testify. Mayor Grant requested to combine both items. Brian Seymour explained he is an attorney at Gunster Law Firm, speaking on behalf of the applicant. Mr. Seymour introduced Brandon Wolfe who is with 7-Eleven and is a real estate expert; he works on acquisition and evaluation of sites for 7-Eleven. Shane Laakso with Creighton construction and development planner, Neil Campbell, who is an environmental specialist and Josh Long, project planner, AIPP certified planner and have submitted resumes. Mr. Seymour stated the item tonight is the rezoning, conditional use and modification of the 7-Eleven store and adding a gas sales portion on the front of Woolbright and Seacrest. Indicated each element of the code has been addressed and provided to the Commission for their review. Josh Long, Project Planner with 7-Eleven, stated there has been a convenience store on this site for the past 60 years. Palm Beach County traffic is requiring a 30 feet right- of-way dedication. The 7-Eleven plans to upgrade the entire site with a new modern convenience store and gasoline station. A neighborhood outreach meeting was held at the First Presbyterian Church on February 19, 2020. Letters were mailed to neighbors. He indicated at the meeting, 25 residents were in attendance and the majority were in support of the project. Mr. Long stated he received a letter of support from the Forest Park Neighborhood Association in support of the project. Mr. long provided aerial photos and site plans of the current locations. Indicated there were not plants or foliage currently on the site. Currently the site has an unsafe ingress 13 Page 141 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 and egress. There are poorly designed travel lanes. There is no landscaping and no dumpster enclosure. Mr. Long explained the curb cuts are very unsafe for pedestrians or drivers. Mr. Long wanted to update the Commission and the neighbors as to why 7-Eleven decided to upgrade its store. He stated there is a new model for convenience stores, which would provide fresh food, salads and gourmet coffee. The store functions more as a neighborhood market, not just a convenience store. 7-Eleven is changing and updating their store. Mr. Long stated the store provides enhanced sustainability even though the building is small and is not a requirement. A rendering was provided of the before and after of the site. Mr. Long stated the neighborhood could be proud of the upgrades to the neighborhood convenience store. This could be the catalyst for other redevelopment in the area. 7-Eleven is proud to have been in this neighborhood for the past decade and continue to serve the community. The parent store came in knowing they would go above and beyond what was expected and to contribute to the community and the city. Mr. Long stated he has worked with staff to add multiple layers of landscaping, with flowering trees and plants to attract butterflies. The building is a four-sided architecture structure, most commercial buildings have no architecture on the rear of the building, they may have architecture facing the street, but not on the sides or the back of the property. This building was design because 7-Eleven understand the importance of building for the neighborhood and knew that the building itself is going to serve as a bufferfor the neighborhood, Woolbright and the gas pumps. As the site is developed 7-Eleven wanted to ensure the building aesthetically pleasing and have architecture that you would believe would be a front facade of a building if you were walking. Also provide three layers of landscaping to enhance the buffering of the store and the gasoline station because each layer represents another layer of buffering. Mr. Long explained there are small shrubs which would buffer and a larger canopy trees and Palms that take up the 72 inches to the above to the top of the roof and the parapet. The existing building is only 20 feet high. Indicated this was below the maximum allowed in the City of Boynton Beach code and much of the height in the building is the parapets. The low walls around the building conceals the air conditioners or other equipment from the street view. Mr. Long indicated they are directly next to another gas station, which shows the older model of gas and convenience stores in what the new model of gas station convenience stores. 7-Eleven would provide this neighborhood one of the new models the new cutting- edge type of gas and convenience stores. A slide was shown of Boynton Beach Development patterns for gas stations with convenience stores within a residential area was shown. The Chevron station at W. Boynton Beach and NW 7t" street and the Marathon station at W. Boynton Beach Blvd. and NW 2nd. Provided five examples of the convenience and gas stations within a residential area 14 Page 142 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Mr. Long stated that at the beginning of the presentation, he showed the ingress and egress pattern for the existing site constraints. The proposed intersection for Woolbright is 151 feet from the corner, whereas Seacrest is now 115 feet, which is a dramatic improvement. Residents are not walking along the actual street as you can see the stacking is internal. People no longer are required to back out into traffic. There is also circulation around the pumps. All code required parking has been met. There will be 37 canopy trees and 19 medium sized trees, over 1,100 butterfly-attracting plants. Provided the FLU map amendment and rezoning, Mr. Long indicated the application complies with LDR, Chapter 2, Article II, Section 2-B and 2-D-3. The demonstration of need, consistency, land use pattern, sustainability, availability of public services, infrastructure, compatibility, economic development impact, commercial land supply alternative sites were shown. There are new projects coming into the area such as Riverwalk Plaza, Town Square and the potential expansion of Bethesda hospital, the Palm Beach County a long-range transportation plan show increased capacity and increase annual growth in the area. The project is consistent with your Future Land Use Amendment and rezoning standards, particularly objective 1.78, which deals with the city's pursuit of Economic Development policy 1.77, which deals with creating jobs contributing to the tax base and 1.76 limits the conversion of existing commercial land uses to other land use. The current zoning land use patterns require commercial lots with over 200 plus feet of depth to accommodate. The 7-Eleven is providing a Palm Tran bus stop and has already gotten the confirmation from Palm Tran. They will be providing a 10'x30' structure bus stop on their site. This would help with the city sustainability efforts. Also, the project itself is utilizing LED lighting for the landscaping. The 7-Eleven has butterfly-attracting trees. The amount of shade trees is going to reduce the heat island. The flat roof would be painted white. Utilizing cool colors for the body of the building. Providing all sod and landscaping is going to be a hundred percent coverage with a hundred percent overlap from automatic irrigation. The new convenience stores are much more energy efficient than the older stores. Currently the subject property does not have safe functioning primary points of ingress and egress is shown several times on the images. The driveway on Seacrest serves as the sidewalk and serves as the back out lane for Seacrest. The code requirements for distance operation for driveways. The applicant is providing all the required off-street parking for 14 parking spaces and loading space will meet the code requirements. The site for the dumpsters has been proposed in the northwest corner of the property which is compatible with the development patterns of the other gas and convenience stores in the city. The landscape has been designed with an emphasis on screening aesthetics, and sustainability throughout with the use of dense drought tolerant plants. This complies with the city's requirements and the buffer has been designed with a 6-foot tall decorative wall with a variety of landscaping shrubs. Staff had some conditions which 7-Eleven has agreed. The conditions are that at time of inspection if the Landscaping is not doing the properjob of buffering, applicant has agreed to add more landscaping, and install more mature species of trees. 15 Page 143 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 The applicants are planning to enhance the proposed photometric plan that provides light poles with LED lighting. The designs and the light levels comply with the code requirements. The proposed site plan complies with all code required setbacks. The property provides commercial retail services. Indicated the compatibility of adjacent properties impact of gas stations is less impactful than some other potential uses such as group homes, independent carwashes, restaurants, theaters or radio and TV broadcasting. It is important to note that 7-Eleven has agreed to do a self-imposed condition of approval to limit alcohol sales so that they do not occur between 2 a.m. and 6 a.m. and so with the overall economic effects of the property, the proposed convenience store gas station uses enhance nearby properties. Mr. Long stated the project would not create any smoke odor fumes or toxic matters that would create a negative impact on neighboring properties. He continued to say fuel stations are subject to Federal and State safety standards, which provide protections to the surrounding area. The proposed dense landscaping of trees and hedges around the perimeter property should be enough to prevent noise associated with the operations of the gas station and convenience store. Brian Seymour said, as stated earlier by Attorney Cherof, there are four items associated with the site plan. Mr. Long provided a summary of facts, which meets all the relevant code requirements. This is going to be a significant enhancement to the community and the entire corridor. It is the beginning of the future. Staff has recommended approval of the application. Hopefully this is a catalyst event to upgrade the entire corridor. He requested to respond to any neighbors or the intervener. Board questions: Commissioner Katz deferred to other Commissioners. Commissioner Hay inquired about the height of the wall on the north side of the building. Mr. Josh Long responded the wall would be 6 feet tall. Commissioner Hay inquired which side of the road would Palm Tran bus stop. Mr. Long replied on Seacrest. Commission Hay asked about the condition of approval at final inspection. Asked who was responsible to determine whether the applicant complied. Mr. Long stated the condition would be final inspection. The applicant would acquire a landscape permit and it must be inspected. At time of inspection is when it would occur because they will be waiting for the Certificate of Occupancy until they close out the permits. They will ensure all requirements of the city are met. Commissioner Romelus wanted to hear public input. Vice Mayor Penserga noted having security cameras was important and the city is building a real time crime center and it is important to access footage immediately. He 16 Page 144 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 asked if they would cooperate and learned they would. Mr. Seymour stated 7-Eleven is committed to security and their lighting and security system result in low crime rate. Vice Mayor Penserga asked about the proposed storage tanks and there was a concern the tanks were unsafe. What assurance can be given Mr. Long explained it is a critical issue. He requested Neil Campbell to respond, but that tanks meet all the standards and have monitors and safety features. Neil Campbell stated he had previously been sworn-in. Over the last 20 years, Florida upgraded the procedures to ensure tanks and systems do not have issues. The State of Florida has spent millions of dollars cleaning up leaking tanks. The current ones are double fiberglass, have monitoring and audible and electronic alarms if tanks are overfilled. There is constant monitoring that is checked by Palm Beach County and independent contractors visit the stores every month to monitor the tanks. Vice Mayor Penserga noted there is a gas station across the street. Asked what the differences are between the 7-Eleven station and the gas station across the street from them. Mr. Campbell responded all gas stations are monitored. Mayor Grant inquired about the litter receptacles near the bus stop. He noted there is trash and not enough receptacles and he requested one be provided. Mr. Long agreed. The outdoor receptables are outside the door. Mayor Grant stated the presentation was very informative. Stated the gas pumps were not shown. He also sent an email to the Police Chief regarding crashes at that intersection. Chief Gregory explained the number of crashes at this site by year: 2015 there were 4 crashes, 2016 there were 8 crashes, 2017 there were 9 crashes, 2018 was one and last year was none. As for crime, 2016 — (10), 2017 (8,) 2018 (14), 2019 had 11, in 2020 there were 3. Mayor Grant opened public comment: Attorney Cherof noted under the quasi-judicial process, Mr. Schiller could cross examine any witnesses. Trevor Rosecrans, 703 SW 4t" Avenue, said he has been on the Planning and Development Board for the past 5 years. The gas station design is beautiful but the location stinks. The EPA classifies benzene as carcinogen. Benzene increases the risk of developing Leukemia and blood disorders. What was presented show a pump island with residential boundary within 44 feet, the northwest vent less than 15 feet from western boundary and 65 feet from the northwest residential boundary. He agreed 7-Eleven needs an upgrade, but there are children nearby. The city should consider the serious risk of having benzene so close by. 17 Page 145 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Matthew Marzelono, 122 SW 14th Ave., commented his house is 50 feet from the project and he was also concerned about benzene. He understood the building met the standards from 60 years ago. These places are basic homes and not a gated community. There is a 200-foot setback for gas stations, because they determined it is not safe to put them adjacent to residential neighborhoods. He did not think this should be ignored. His concern was for the safety of the tank. When the tank is filled, the benzene vents. Benzene levels have been measured at up to 525 feet away. The setback regulations were 10 times off. It has been proven that benzene causes leukemia and other blood diseases. There are some benefits to the community but trading the health and well- being for a group of residents for the beautification and convenience is not a trade he would make. The World Health Organization says no acceptable level of benzene. Stated 90% of the presentation was for the convenience store, which is what he showed to the neighborhood association. He did not say he approved and even if 25 people did, that is not the entire community. He was unaware of the bus stop being installed; this was another issue. Indicated his house is directly adjacent to his property, and he would inhale their vapors on a 24-hour basis. Gas station clerks had increased causes of cancer and other health issues, he will be at home 24 hours a day, 7 days a week for 365 days of the year. He is not against commercial development or rezoning, but an additional gas station and roll back standards to 60-year-old levels is not a reasonable compromise for people in any neighborhood. Susan Oyer, 140 SE 27th Way, was sworn in, stated she grew up in this neighborhood. She currently sits on the Planning and Development Board. The building design and landscape are beautiful. Remodeling 7-Eleven is fabulous. The neighborhood does not want the gas station. She wants it remodeled but they do not need another gas station. Shell is across the street; it was always empty. There are two more gas stations within a mile and one on the other side of 1-95, which is the racetrack and Wawa opening soon, but there is a need to remodel the 7-Eleven. She objected to encroachment into a residential neighborhood. It was residential for 60 years and it should stay that way, people complain about speeding. The residents want the remodel but not the gas station. Ally Pugh, 111 SE 11th Ave, Forest Park, was sworn in. She is a resident of Forest Park, and health and welfare are paramount. She supported the 7-Eleven being there. It is an eyesore, but it does not demonstrate what the neighborhood is striving to become. They bought there due to downtown Boynton being upgraded and the neighborhoods would be upgraded and with that comes development and growth. She does not go to that 7-Eleven because it is not a comfortable feeling and she was a victim of crime. People do not go to the shell station because it is price gauged in the area. Last year there was a shooting, and these are not things the residents want. She has concerns, but would like to move forward with the project to upgrade the neighborhood Assad Alamon, 2655 SW 43 Cranbrook Drive, was sworn in. He said he agreed with Matthew regarding the objections. Underground storage tanks inspected 3999 and 53% complied and 47 % were out of compliance. That means there is a discharge of fuel and 18 Page 146 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 gasoline, he did not think 7-Eleven needs to expand due to the vent issue. It is not an option to have gas station 10 feet from houses with gas fumes and air quality has been compromised. In Palm Beach County from 2019 until May 5, 2020, 264 violations were at gas stations. There is spillage, fumes and gas discharges. Do not change the zoning of existing residential area. He agreed with 7-Eleven store improvements. Every 7- Eleven sells the same things - they sell food and sandwiches. He asked how many gas stations can you have in a 1.5-mile radius? There are homeless people around the store. Salmon Rivalla 7411 Champagne Place, was sworn in. This is not about opposing 7- Eleven, only the impact on the community. The opposition is related to the environmental impact. His concern is the traffic flow, not just cars with the ingress and egress, but the foot traffic. The applicant had spoken about security measures, but it does not stop crime. He is worrying about crime in the businesses. There are already several gas station in the area. Think about the impact to the environment, the economy and our children. Bill DeVries, 130 SW 13th Avenue, was sworn in. He said he emailed all the Commissionersl. Stated 7-Eleven was vital to the area. There are so many restaurants, and fruit stand and many, many gas stations, they do not need another gas station. He does not think 7-Eleven would renovate without the gas station. There is an aquifer and there is a water treatment plant next to the store. He did not realize about the fumes, presentation looked good but did not show the homes on 14th. As a resident, he stated this was not a good idea. Asked what the Commissioners would do if they lived there. Neil Schiller was the intervener and he provided a presentation with Saul Ewing Armstein and Lehr, 515 N. Flagler Drive Suite 1,400, WPB representing Azan Energy LLC. On behalf of his client he opposed all applications filed. He reviewed a detailed presentation as included in the meeting materials and asserted the project was incompatible with the surrounding community, environmental impacts and the project did not meet the code. His client has requested the City Commission to vote no on the following applications: The Land Use Plan amendment 20-005. Rezoning 20-006, the conditional Use and the Mayor Site plan Modification 20-002. The proposed gas station does not fit in with the neighborhood due to the lack of buffering, and the environmental impacts. The decrease in property values and the decrease in quality of life to the residents of the Forest Park neighborhood. Mr. Schiller noted the Planning and Zoning Board recommended denial of the application on February 25, 2020. The gas station was a point of major concern for the residents and members of the zoning board. The adjacent neighbors, single family and commercial property owners opposed the gas station. Applicant has the the burden of proof to meet the criteria in the Code. Any decision by the Commission must be made based on competent, substantial evidence not just a "gut feeling". The Site plan has 5-foot monuments plans, which did not make into the applicant presentation. the propane and CO2 tanks are located closest to the residents, 20 feet from the property line. Provided an aerial of the property. 19 Page 147 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 The Land Use Plan Amendment which is being sought. The request low density (LDR) and Medium Density (MDR) residential to local retail commercial (LRC). Mr. Schiller stated one of the criteria was for the demonstration of need. The demonstration of need may be based upon changing conditions that represent a demand for the proposed land use. The staff report fails to substantiate need for FLU. The generic data is from a market monitor, which was not in Florida. No data to support the area population growth. No data supporting the need for additional LRC. Property owner is compensated for the 30 feet Right-of-Way. Mr. Schiller stated there are 7 gas stations in the area within a mile of each other. Indicated there is no market need for more gas stations, based on the preliminary analysis of the needs for additional gas stations within the market area of the 7-Eleven proposed for 101 W. Woolbright Road. Consistency whether the proposed Future Land Use Map (FLUM) amendment and rezoning would be consistent with the purpose and intent of and promote the applicable Comprehensive Plan policies. Development Plans and Land Development Regulations. Staff reports fails to cite how LRC would be consistent with the Comprehensive Plan. Land Use Pattern, which is the criteria for the LUPA 20-2005. Whether the proposed Future Land Use Map amendment and rezoning would be contrary to the established Land Use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classification or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassification and rezoning that would result in more desirable and sustainable growth for the community. Contrary to the existing land use pattern, the intrusion into the residential is not present in the area. The MDR was established as a transition to the buffer and the impacts of commercial uses. Evidence all over the City and North on Seacrest approaching Boynton Beach Boulevard. Destroying the pattern and buffer will begin to destroy the neighborhood and set a dangerous precedent that no neighborhood is safe from commercial intrusion. Provided some uses allowed in LCR, indicated these were not as intense of gas station. Provided a Future Land Use Map for the Commission to review. Sustainability, whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integrations of a mix of land uses consistent with the Smart Growth or sustainability initiatives with an emphasis on complementary land uses, access to alternative modes of transportation and interconnectivity when the project and between adjacent property. 20 Page 148 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 He said the staff report failed to demonstrate sustainability, to support the integrations of land uses the proposed pedestrian access is being removed. There is no proposed charging station; Mr. Schiller stated Florida has the second largest electric car registration in the United States. Mr. Schiller stated the applicant claims that there will be no negative impact to the surrounding properties is unfounded. There are numerous examples of the impact, which have been proven, negative environmental impacts, property value decrease. No proven need for an additional gas station in the area or city. He stated, in conclusion, the Right-of-Way taking did not require the applicant to purchase the two northern parcels to redevelop the store. The gas station does not fit in and is not compatible with the neighborhood. This is a complete disregard for the neighborhood. Add two 24/7 operations occurring at the same time with multiple deliveries. Location of the NW monument sign include into the neighborhood. The height of the building and the gas canopy are taller than the trees. Environmental issues with gas vapors spreading to other properties. Property values decline and increase in potentially dangerous crime. This sets a dangerous precedence that the residential neighborhoods will be opened to commercial development. Mayor Grant requested a 10-minute break at 9:20 p.m. There was a consensus. Mayor Grant reconvened the meeting at 9:31 p.m. Mayor Grant asked if Mr. Schiller wanted to cross-examine the applicant. Mr. Schiller said he would not cross-examine the applicant. Mayor Grant noted part of the presentation, comparable sales difference. But there were 1,000 sf improvements on the property that could be adjusted for the difference. Mayor Grant asked who his client was and what does his client do and for how long? Mr. Schiller replied his client owns the gas station across the street from the proposed 7- Eleven. He has owned the gas station for about three or four years. They are in the business of operating gas stations. Mayor Grant stated your client business also releases vapors into the Forest Park neighborhood. Mr. Schiller stated they produced gas station, stated there would be another gas station, but the issue is there is another gas station next to residential. Just because there is an existing gas station is not a license to have another one across the street. No further questions from the Commission. 21 Page 149 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Mr. Seymour asked what was the State regulation being cited regarding having generators on site. Mr. Schiller stated he provides arguments and is not subject to cross- examination. He was not required to answer. Mr. Seymour asked if everything, which was presented was for argument and not facts. Mr. Schiller stated there are facts within the presentation. He asked if he could answer any questions about anything, as presented in the PowerPoint. Mr. Schiller stated not under cross examination. Mr. Seymour asked the entire presentation to be stricken as he cannot answer questions on the evidence he presented. Attorney Cherof explained someone who is not testifying cannot be cross examined. Mayor Grant asked if the presentation was argumentative and not evidence based. Attorney Cherof replied this is correct. Mr. Schiller explained when putting on a case in opposing a development, they do not have the burden to produce facts, they point out where the applicant does not meet criteria and present facts. The facts in the presentation are documented and verified from the application and from staff reports and information on websites. Mayor Grant stated this was quasi-judicial. All who spoke were sworn in. Mayor Grant suggested asking questions with a number that Mr. Seymour asked, and Schiller can respond. They can present information that contradicts and supports. Mr. Seymour asked: 1. What regulation did you site when you said State regulations require generators at all gas stations? 2. Is there a generator at his client property. Is his client in compliance? 3. Gas stations in the study cause environmental hazards and environmental impacts of benzene, how much damage has Mr. Schiller client done to the adjacent residential property, which is not buffered from the fueling facilities? 4. Dumpster was only 20 feet from neighboring residential, how far is your client's dumpster and without being covered it would draw rodents, if your client's dumpster is uncovered how many rodents it has attracted? 5. Relative to the photometric plans, where you aware it exceeds code requirement? 6. What is the foot candle from the adjacent residential property? Mr. Schiller's response to question number 1. Where in Florida law is the generator requirement? Chapter 526.1434 access to back up generators. 2. He did not know if his client has a back-up generator but likely would have access to one, because they run gas stations. 3. Indicated his client has not provided that information. He cited environmental impacts; how much damage has the shell done based on environmental impacts. He noted the Shell station is not on trial. The Shell station is code compliant, has been compliant and has been relatively violation free, but it is not the Shell station that is at issue, it is the new gas station. 4. They have an uncovered dumpster, but they are not a larger convenience store that will have fresh food and it is not apples to apples. Same thing with the covered dumpster. Common knowledge is that dumpsters attract rodents. He was not aware the photometric plan exceeds code requirement, but what he read on 22 Page 150 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 the plan there were several inconsistencies that does not make sense to him as a lay person. 6. Indicated about the foot candles, and most of them are zero, but he also mentioned there are places on photo metric plan sign with monument signs but no mention of the monument signs reading. 5. He did not know if the photometric plan was accurate. Mr. Seymour believed Mr. Schiller's concern is for his client is competition, it says access and he can testify they have access to generator and are compliant with State law. The issue of benzene in the study, there is no actual data to support what he asserts in this neighborhood and this place. Shell has been there for many years without any problem with benzene. Nobody said they would be cooking on site; fresh food is delivered on site. The foot-candle point, he does not think the photometric plan is wrong, but pointed out things that have nothing to do with the project because there is no impact at the property line. The basic premise is the competition, and it is better for the neighborhood. One caller called the Shell as a price gouger and Mr. Schiller said there is no need for an additional gas station. Mr. Long as an expert, spoke about what is coming and where the need for it and there is compete substantial evidence. There is no evidence a 1974 sale which was likely vacant property, those are not comparable in any way nor is he competent to testify. The staff report had other elements, which was not mentioned. Mr. Schiller argued other uses are less impactful, and Mr. Long spoke about other uses that are more impactful. There are 14 additional trips as a result of this impact. The new community amenity with lower cost of gas would be concerning to the Shell across the street, but the code does not. The job is not to decide on whether there should or should not be competition. Benzene issue came up a lot and he understand the concern. 7- Eleven is code complaint and has a good safety record. Mr. Schiller missed the boat and does not give information and does not understand how the vent works. Neil Campbell, 729 NW 155th Street, Miami Lakes, stated he was sworn in. He worked in the petroleum industry with compliance and permitting for installation, repairs assessment and remediation. He had no professional license. The studies quoted may not have been on gas stations, the records he saw were laboratory testing, head space analysis and controlled environment, the conditions are not the same. In Florida, there was a time when there was an accordion in the gas tanks, they connect another hose to the vent line and put it back to the tanker. When the fuel is dropped, the vapor or air above the base is put back into the tanker. The vents into the tank, when a customer pumps cannot pump on a closed system. It allows air when the vacuum is high enough, that does not exist with underground storage tanks and there is water. The experiments on benzene had worse affects when heated up to 104 degrees. State of Florida has passed a law. The equipment is required by law. Mayor Grant stated there were 18 online comments regarding the purposed ordinances. Asked if he was required to read them into the record. 23 Page 151 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Attorney Cherof responded the Mayor was not required to read the comments into the record but must include the comments as part of the record and they must be included as part of the meeting minutes (see Attachment "A"). Mayor Grant stated based upon these virtual meetings, if anyone feels their comments were not addressed, do they have recourse at the next city committee meeting? Attorney Cherof stated they have recourse. Mayor Grant asked what the recourse was if a person disagreed with the Commission's action. Attorney Cherof indicated the two ordinances are on first reading. There is a second reading so members of the public who did not speak and wish to elaborate on their comments can do so at the next Commission meeting. Mayor Grant asked if the Commission were required to read into the record the comments at the second reading. Attorney Cherof responded they are not required to read into the record. There is no ability to cross-examine those people who submitted a comment. He noted this is a quasi-judicial hearing, Mayor Grant stated they are not sworn in. Attorney Cherof stated the comments could be reviewed by the City Commission and would be available to them. Mr. McNally noted there are several comments in the webinar interface question section. Ally Sadqui stated he was not sure why actual problem is being ignored that is not needed, two attorneys going back and forth ignoring they are adding more health issues to the community. Trevor Rosecrans, said it is the paper which was cited used at a gas station. Mayor Grant closed Public Comments. Commissioner Romelus said she had no questions of the applicant nor the intervener, because she believes this renovation is needed. Living in District III, the intersection is atrocious. The store is an eye sore. She was happy they would step up their game. It does include a gas station, and there are several gas stations within the 1-mile radius so it may not be a necessity but as the population increases, it may be. It is dangerous intersection and she wanted to alleviate the potential to be rear ended. Several residents think it is beautification and others have concerns that may be justified, but they were addressed. She is an advocate of sustainability and safeguards and she believe the concerns about pollutants would be mitigated. She will support the applicant's request. Commissioner Katz said he agreed with Commissioner Romelus and will vote in support of the proposed changes. 24 Page 152 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Hay thought the applicants met the City's requirement. He does not want to see another Tradewinds. Mr. Schiller brought up some good points, but they did not have much to do with this project. Stated the 7-Eleven property owners have development rights to do what they want to do with the property. The City Commission would be hard pressed to deny the application. Vice Mayor Penserga agreed it is a much-needed upgrade for the community. He sat for over an hour to hear the presentation from a representative of the owner of the gas station across the street. He heard gas stations next to residential coming from an applicant with a gas station next to a neighborhood. As for environmental, there are two gas stations at other intersections around the county. People are not dying of cancer, if so, public health would address it. It needs to be a collection of many studies with a concrete conclusion. This is a hearing and he feels like his time was wasted. He listened to the concern of the residents and he read every email. The real issue is someone does not want competition. If he thought the project was poisoning the community, he would not support it. If having a gas station next to residential area is a problem, then why is it not a problem with the Shell station? Because that is directly across the street, and is in a residential area, there is a problem with the Shell station. If there is outrage, there should be outrage for the Shell station as well. Vice Mayor Penserga asked where the outrage is. Why is there selective outrage? Mayor Grant stated Vice Mayor Penserga's comments echoed his as well as the rest of the Commission. This is a redevelopment project. He believes this project would be beneficial to the neighborhood. The corner of Woolbright and Seacrest would receive a new bus stop. He believed having a bus stop would be beneficial for the neighborhood. The County will get money from impact fees and hopefully that intersection would be addressed. The City needs to work with the County or State so that they change the Seacrest Boulevard from a Suburban road to an urban road and make it part of Complete Streets project. Mayor Grant stated Seacrest is a collector road and it makes sense to have a gas station on that corner like the other gas stations in the city. Mayor Grant stated he was in favor of the ordinance. He provided an example of Golf Road where certain residential community buildings became office commercial and now, they are becoming multifamily dwellings. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion, which unanimously passed. Clerk Gibson called the roll. The vote was 5-0. Proposed Ordinance No. 20-006 - First Reading -Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R- 2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District 25 Page 153 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Attorney Cherof read the proposed Ordinance No. 20-006 into the record by title only on second reading. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. Which unanimously passed. Clerk Gibson called the roll. Vote was 5-0. B. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. Motion Commissioner Romelus moved to table the Site Plan and Conditional Use until the May 19, 2020 Commission meeting. Commissioner Katz seconded the motion, which unanimously passed. C. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) D. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or lifestyle center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (This agenda item has been continued to the May 19, 2020 Commission Meeting.) 9. CITY MANAGER'S REPORT- None 10. OLD BUSINESS - None 11. NEW BUSINESS 26 Page 154 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 A. Proposed Resolution No. R20-039 -Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the City of Delray Beach to share the engineering design cost to rehabilitate Gulfstream Boulevard (SE 36th Avenue). Motion Commissioner Katz moved to approve. Commissioner Romelus seconded with discussion. Commissioner Romelus favored redoing that street and said it is a very vital road. This road was an introduction to our city, and it was atrocious. Mayor Grant wanted to see the design study so it would be a Complete Street as Delray is doing for NE 2nd Avenue from Lake Ida north. Vote The motion unanimously passed. 12. LEGAL A. Proposed Ordinance No. 20-010 - First Reading -Approve proposed amendments to Chapter 18, Article III, Municipal Police Officers' Retirement Trust Fund; amending Sections 18-164, 18-165, 18-169, 18-174, and 18- 175. Attorney Cherof read proposed Ordinance No. 20-010 into the record on first reading, by title only. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which unanimously passed. City Clerk Gibson called the roll. The motion passed 5-0. Mayor Grant requested an update at the next meeting regarding Tom Kaiser Veterans Memorial Park. Ms. LaVerriere explained the monument was ready to be installed and staff has contacted Mr. Kaiser. Mayor Grant requested pictures for the next Commission meeting. 27 Page 155 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 Commissioner Katz complimented Mayor Grant and staff for just how smoothly these meetings have been running. He said having virtual meetings was an unpredictable transition, but staff is doing a great job. 13. FUTURE AGENDA ITEMS A. Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. B. Request by Mayor Grant to discuss Wellington's home-based business regulations. - May 19, 2020. C. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD D. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (This item is tabled while staff continues to communicate with Textile Recycling Program regarding payment of the franchise fee) E. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Seconded by Commissioner Hay. The motion unanimously passed. Meeting was adjourned at 10:24 p.m. (Continued on next page.) 28 Page 156 of 667 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 5, 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk Attachment: Attachment "A" — Public Comments 29 Page 157 of 667 va ° "a v e,n ern ern ern ern ern v o � E r O H O N O N O N O N O N y u o v o v o v o v o v o v � a c E m Q E E E CL Ln m o_ o_ o_ E m N In a oo m E In c iii a a Ln O Ln N N N N N U Y O O O O O O O E O M Ln Ln Ln Ln Ln c O Zm m Lo Ln ti o0 y ro N O N to n m C oo O U l0 m m N Lf N ro ^ N O c-I m `� c-I n O c-I c-I m 7 n r Lo O p Lo a Ln Lo ,� oo Lo Ln Ln Ln a Ln � .� Ln Ln m r, m N Ln Lo m r, v a E o v EY o O E u .2 O O U t cE w R E U L '6 � C� O C5 0_ C1 m m ('i3 m 'ow co N m . w '^ rn i+ C > cc Co d 'O m N O Q m N c C� C ?15 N E Ln C L — C E O LLn O O rt1 x p W E Z Q N m Z z in N H _ •� C O '� >, y�j Y Y b ) a) N Q N '6 O C N C ? 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CONSENT BIDS AND PURCHASES OVER$100,000 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over$100,000 as described in the written report for May 19, 2020- "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM AMPS, Inc. Wellfield Maintenance Palm Beach County March 15, 2020 $200,000 and Rehabilitation W UD 16-001/VMG to March 14, 2021 US Water Public Utilities West Palm Beach June 6, 2020 to $175,000 Services Corp. Supplemental Bid# 16-17-119 June 5, 2021 Workforce How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Page 161 of 667 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FOR 100K+ BID EXTENSIONS May 19th D Addendum AIAPS Renewal Letter SIGNED D Addendum US Water Signed Letter Page 162 of 667 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS May 19, 2020 REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Joseph Paterniti, P.E. Utility Director TERM: March 15, 2020 thru March 14, 2021 SOURCE FOR PURCHASE: Palm Beach County Bid# WUD 16-0011VMG ACCOUNT NUMBER: 403-5000-533-65-02 VENDOR(S): AMPS, Inc. ANNUAL ESTIMATED EXPENDITURE: $200,000 DESCRIPTION: Piggyback of the current Wellfield Maintenance and Rehabilitation contract to Aquifer Maintenance and Performance Systems, Inc. (AMPS) was approved at the 4/02/19 City Commission Meeting and is for a one (1) year term that ends on March 14, 2020. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for March 15, 2020 thru March 14, 2021. REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Joseph Paterniti, P.E. Utility Director TERM: June 6, 2020 thru June 5, 2021 SOURCE FOR PURCHASE: West Palm Beach Bid# 16-17-119 ACCOUNT NUMBER: 401-2811-53649-17, 401-2815-536-49-17 VENDOR(S): US Water Services Corp. ANNUAL ESTIMATED EXPENDITURE: $175,000 DESCRIPTION: Piggyback of the current Public Utilities Supplemental Workforce contract to US Water Services Corp. was approved at the 10/01/19 City Commission Meeting and is for an eight (8) month term that ends on June 6, 2020. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for June 6, 2020 thru June 5, 2021. The City of Boynton Beach FAXfl�1962bi749-0316 April 27, 2020 James Murray, President Aquifer Maintenance and Performance Systems, Inc. 7146 Haverhill Rd. West Palm Beach, FL 33407 VIA E-MAIL TO: ampsjlp@gmail.com BID: WELLFIELD MAINTENANCE AND REHABILITATION BID NO. WUD 16-0011VMG CURRENT AGREEMENT TERM: March 15, 2019—March 14, 2020 Dear Mr. Murray: The current piggyback agreement term for"WELLFIELD MAINTENANCE AND REHABILITATION" awarded to AMPS, Inc. expired March 14, 2020. We have been very happy with AMPS, Inc. We would like to extend the piggyback agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to comas bbfi,us at your soonest convenience. If you should have any questions, please do not hesitate to call Skender Coma at(561)742-6308. Sincerely, Mara Frederiksen Director of Financial Services America's Gateway to the Gulf Stream Page 164 of 667 City of B2ynton c�ria"a •r �ra a9 FAXP062bj74d4316 April 27, 2020 BID: WELLFIELD MAINTENANCE AND REHABILITATION BID NO. WUD 16-001/VG Agreement between the City of Boynton Beach and AMPS, INC.: RENEWAL TERM: MARCH 15, 2020 THRU MARCH 14, 2021 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) AMPS, INC. NAME OF COMPANY SIO 'URE �1� 6U1�rc�3 MUffULAI NAME OF REPRESE TATI TITLE (please print) S� ��- DATE (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 165 of 667 The City of Bo ton Beach oridd C 0t7 &A 4D FAXP4068P 316 May 6, 2020 Edward Mitchell, General Manager US Water Services Corp. 4939 Cross Bayou Blvd. New Port Richey, FL 34652 VIA E-MAIL T : emitchell@uswatereorp.net ID: PUBLIC UTILITIES BID NO. 16-17-1119 CURRENT AGREEMENT TERM- JUNE 6, 2019 THRU JUNE 5, 2020 Dear Mr. Mitchell: The current piggyback agreement term for"PUBLIC UTILITIES SUPPLEMENTAL WORKFORCE" awarded to US Water Services Corp. expires on June 5, 2020. We have been very happy with US Wafter Services Corp.We would like to extend the piggyback agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prnas tak�tl. s at your soonest convenience. If you should have any questions, please do not hesitate to call Skender Coma at(561)742-6308. Sincerely, lylow - - avajoilehl Mara Frederiksen Director of Financial Services America's Gateway to the Gulf Stream Page 166 of 667 The City of B2=ton Beach cardr� r �htJ' �9 F P 6 Y 15316 May 6, 2020 ID: PUBLIC UTILITIES BID NO. 16-17-119 Agreement between the City of Boynton Beach and US Water ServicesCorp.: June 6, 2020 to June 5, 2021 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for n additional one-year term. No, I do not wish to renew the bid for the following reason(s) US WATER SERVICES CORP. NAME FA 16NATU q4d 10 Cfe' _ A F REPRESENTATIVE TIL (please print) AT (AREA CODE)TELEPHONE NUM E-MAIL America's Gateway to the Gulf Stream Page 167 of 667 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Resolution No. R20-041 -Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$141,502.00 for the continued maintenance and repair of the City's radio communications system. Explanation of Request: The City maintains a radio telecommunications system that provides the police department, fire department, and other city entities with radio communications. The Motorola company manufactured and installed the current system which consists of computer consoles, portable radios, and antenna systems. This request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic service along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and any required upgrades to be paid on a quarterly basis. How will this affect city programs or services? This service agreement ensures that public safety and other city entities can maintain life saving radio communications which is critical to the safety and efficiency of city personnel and the provision of services to the community. Fiscal Impact: Budgeted Funds have been allocated in account 001-2112-521-46-24. Alternatives: Radio communications are critical to the safety of Police and Fire employees as well as for providing efficient public safety functions. The maintenance contract is required to ensure continued operations of the system. Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: N/A Contracts Page 168 of 667 Vendor Name: Motorola Solutions Start Date: 112/11/2020 End Date: 11/30/2021 Contract Value: $141,502.00 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Resolution Resolution approving the Motorola Annual Service Agreement for 2020- 2021 D Attachment Motorola Contract PDF file Page 169 of 667 1 RESOLUTION NO. R20- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN AN ANNUAL SERVICE AGREEMENT 7 WITH MOTOROLA, INC., PROVIDING FOR THE CONTINUED 8 MAINTENANCE AND REPAIR OF THE CITY'S RADIO 9 TELECOMMUNICATIONS SYSTEMS IN THE AMOUNT OF 10 $141,502.00; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City maintains a radio telecommunications system that provides the 14 Police Department, Fire Rescue Department and other local government entities with radio 15 communications; and 16 WHEREAS, Motorola, Inc., manufactured and installed our current system which 17 consists of computer consoles,portable radios, antennas and operational readiness; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19 recommendation of staff, deems it to be in the best interests of the City residents to enter into 20 a Service Agreement with Motorola, Inc., for the continued maintenance and repair of the 21 City's radio telecommunication systems. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 28 approves the annual Service Agreement for the continued maintenance and repair of the City's 29 radio system between the City of Boynton Beach and Motorola, Inc., in the amount of 30 $141,502.00 commencing December 1, 2020 through November 20, 2021. S:\CA\RESOWgreements\Motorola Service Agreement(2020-21)-Reso.docx Page 170 of 667 31 Section 3. The City Manager is authorized to sign the annual Service Agreement, 32 a copy of which Agreement is attached hereto as Exhibit"A." 33 Section 4. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2020. 35 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Ty Penserga 44 45 Commissioner—Justin Katz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner— Christina L. Romelus 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 65 S:\CA\RESOWgreements\Motorola Service Agreement(2020-21)-Reso.docx Page 171 of 667 0 JWOrOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1252347 Chicago, IL. 60661 Contract Number: USC000006388 (888) 325-9336 Contract Modifier: R25-MAR-2020 Date: 03/25/2020 Company Name: BOYNTON BEACH,CITY OF Required P.O. : Customer#: 1000303040 Attn: Bill to Tag#: Billing Address: 100 E BOYNTON BEACH BLVD Contract Start Date : 01-Dec-2020 Contract End Date : 30-Nov-2021 City, State,Zip: BOYNTON BEACH , FL,33435 Anniversary Day : Nov 30th Customer Contact: Payment Cycle : QUARTERLY PO#: Standard Phone: Qty Service Name Service Description Monthly Ext Extended Amt P25 Radio System and Subscriber contract $11,791.83 $141,502.00 Subtotal-Recurring Services $11,791.83 $141,502.00' Subtotal-One-Time Event Services $0.00 $0.00 Total $11,791.83 $141502.07 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: MAINTENANCE AGREEMENT INCLUDES DISPATCHING,TECHNICAL SUPPORT,NETWORK MONITORING,SECURTIY MONITORING, INFRASTRUCTURE REPAIR WITH ADVANCED REPLACEMENT,ON SITE INFRASTRUCTURE RESPONSE,LOCAL RADIO COMBO,SECURITY UPDATES,ANNUAL PM CHECK FOR SYSTEM AND SUBSCRIBERS. I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE __ ..._ DATE CUSTOMER(PRINT NAME) 1 Page 172 of 667 0 LA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1252347 Chicago, IL. 60661 Contract Number: USC000006388 (888) 325-9336 Contract Modifier: R25-MAR-2020 MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Cindee Markes 954-520-8868 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name : BOYNTON BEACH, CITY OF Contract Number: USCO00006388 Contract Modifier: R25-MAR-2020 Contract Start Date : 01-Dec-2020 Contract End Date: 30-Nov-2021 2 Page 173 of 667 Customer: Boynton Beach Citi of Effective: 12/1/2020 Contract#: USC000006388 City Equipment Description 5 MCC7500 consoles 5 GTR8000 Repeaters 227 APX6000 Model 2.5 85 APX6000 Model 1.5 19 APX4000 Model 2.5 128 APX6500 Mobile 6 APX7500 Consolettes See attached serial number list for subscribers included Contract includes 1 Annual Preventative Maintenance Inspection to be scheduled upon customer request Contract includes local Pick up and Delivery services 3 Page 174 of 667 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Resolution No. R20-042-Approve Piggybacking the Sourcewell Contract#022217-NW F with Verizon Connect NW F and authorize the City Manager to sign a piggy-back Agreement Approve issuance of a purchase order for an automatic vehicle location (AVL) system in the estimated amount of$105,000 with an annual cost of$67,000 and a one time set up fee of$38,000. The Sourcewell Contract#022217-NW F satisfies the City's competitive bid requirements. Explanation of Request: The Fleet Maintenance Division is seeking to implement an automatic vehicle location (AVL) system and has reviewed a number of options including Verizon Connect NW F which is also in use by the Utilities Department. The Verizon Connect system will provide information such as vehicle location, engine condition, speed reports, as well as vehicle mechanical and electrical status. In addition to the basic functionality common to many systems, the proposed system has other desirable features which include: • Driver and vehicle location in real-time. • Improve dispatch, routing and visibility. • Provide accurate ETAs • Track driver behavior like speeding, idling and harsh driving. • Monitor vehicle diagnostics &vehicle maintenance needs. • Help reduce fuel consumption. • Keep tabs on your mobile workforce and equipment • Prevent unauthorized out of area use (geofencing) • Report functionality which is customizable to the needs of the user. • Customizable forms, which can be created as part of the mobile app such as pre-trip inspections. How will this affect city programs or services? The Verizon Connect software will allow the various Departments and Fleet Maintenance Division to track vehicles in the field, improve fleet operations, increase worker productivity and encourage safer driving. Fiscal Impact: Budgeted Funds have been budgeted in the following accounts: 401-2810-536-46.91 401-2811-536-46.91 401-2814-536-46.91 401-2815-536-46.91 401-2816-536-46.91 Page 175 of 667 401-2819-536-46.91 401-2821-536-46.91 401-2823-536-46.91 401-2824-536-46.91 501-2516-519-46.91 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Piggyback of Sourcewell for Automatic Vehical Locator System D Agreement Piggy-Back Agreement Sourcewell (Verizon) D Contract Verizon Connect- Source II Contract#022217- NWF D Attachment Projected Costs by Dept Page 176 of 667 1 2 RESOLUTION NO. R20- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PIGGYBACKING AND 6 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT 7 WITH VERIZON CONNECT NWF, INC., FOR AN AUTOMATIC 8 VEHICLE LOCATION SYSTEM IN ACCORDANCE WITH THE 9 TERMS & CONDITIONS OF THE SOURCEWELL CONTRACT 10 #022217-NWF IN AN ESTIMATED AMOUNT OF $105,000.00 WITH 11 AN ANNUAL COST OF $67,000.00 AND A ONE TIME SET UP FEE 12 OF $38,000.00; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, Fleet Maintenance Division is seeking to implement an automatic 15 vehicle location (AVL) system and has reviewed a number of options including Verizon 16 Connect NWF which is also in use by the Utilities Department; and 17 WHEREAS, the Verizon Connect system will provide information such as vehicle 18 location,engine condition,speed reports,as well as vehicle mechanical and electrical status; 19 and 20 WHEREAS, the Verizon Connect software will allow the various Departments and 21 Fleet Maintenance Division to track vehicles in the field, improve fleet operations, increase 22 worker productivity and encourage safer driving; and 23 WHEREAS, City staff has confirmed that the procurement process meets or 24 exceeds that of the City of Boynton Beach's requirements; and 25 WHEREAS, upon recommendation of staff, it is the City's desire to approve 26 approves piggy-backing and authorizes the City Manager to sign a Contract with Verizon 27 Connect NWF, Inc., in accordance with the terms & conditions of the Sourcewell Contract 28 4022217-NWF for automatic vehicle location system in an estimated amount of 29 $105,000.00 with an annual cost of$67,000.00 and a one time set up fee of$38,000.00. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33 as being true and correct and are hereby made a specific part of this Resolution upon 34 adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:\CA\RESO\Agreements\Piggy-Back Sourcewell Contract With Verizon Connect NWF-Reso.Docx Page 177 of 667 36 approves piggy-backing and authorizes the City Manager to sign a Contract with Verizon 37 Connect NWF, Inc., in accordance with the terms & conditions of the Sourcewell Contract 38 4022217-NWF for automatic vehicle location system in an estimated amount of 39 $105,000.00 with an annual cost of$67,000.00 and a one time set up fee of$38,000.00, a 40 copy of which is attached hereto as Exhibit"A". 41 Section 3. That this Resolution shall become effective immediately. 42 43 PASSED AND ADOPTED this day of May, 2020. 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Ty Penserga 51 52 Commissioner—Justin Katz 53 54 Commissioner—Woodrow L. Hay 55 56 Commissioner— Christina L. Romelus 57 58 59 VOTE 60 61 ATTEST: 62 63 64 65 Crystal Gibson, MMC 66 City Clerk 67 68 69 70 (Corporate Seal) S:\CA\RESO\Agreements\Piggy-Back Sourcewell Contract With Verizon Connect NWF-Reso.Docx Page 178 of 667 CONTRACT FOR AUTOMATIC VEHICLE LOCATION SYSTEM This Contract is by and between VERIZON CONNECT NWF, INC., a wholly owned subsidiary of Verizon Connect, with offices at 9868 Scranton Road, San Diego, CA 92121 ("VCN"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City"). RECITALS WHEREAS,the Fleet Maintenance Division is seeking to implement an automatic vehicle location (AVL) system which will allow the Fleet Maintenance Division to track vehicles in the field, improve fleet operations, increase worker productivity and encourage safer driving; and WHEREAS, VCN, has agreed to allow the City to piggy-back the Source-well Contract 4022217-NWF for Fleet Management and Related Technology Solutions in the estimated amount of$105,000.00 with an annual cost of$67,000.00 and a one time setup fee of$38,000.00. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and VCN agree that VCN shall provide Automatic Vehicle Location System in an estimated amount of$105,000.00 with an annual cost of$67,000.00 and a one time set up fee of $38,000.00 at prices based on Source-well Contract 4022217-NWF with Verizon Connect NWF, Inc., a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to Source-well shall be deemed as references to the City of Boynton Beach. B. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days Page 1 S:ACA\AGMTS\PiggybackAgmt Sourcewell(Verizon).docx Page 179 of 667 from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. C. VENUE Venue for any administrative and/or legal action arising under this Agreement shall be in Palm Beach County, Florida D. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 And to the Contractor at: Verizon Connect NWF, Inc. E. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or Page 2 S:ACA\AGMTS\PiggybackAgmt Sourcewell(Verizon).docx Page 180 of 667 copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. GIBSONC@BBFL.US Section 3. In the event that the Sourcewell Contract is amended, or terminated, VCN shall notify the City within ten (10) days. In the event the Sourcewell Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. VCN agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\PiggybackAgmt Sourcewell(Verizon).docx Page 181 of 667 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects,the terms and conditions of the Sourcewell Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney Date VERIZON CONNECT NWF, INC.. WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Date Page 4 S:ACA\AGMTS\PiggybackAgmt Sourcewell(Verizon).docx Page 182 of 667 EXHIBIT A CONTRACT BETWEEN SOURCEWELL AND VERIZON CONNECT NWF,INC. Page 5 S:ACA\AGMTS\PiggybackAgmt Sourcewell(Verizon).docx Page 183 Of 667 VW1 izon connect Updated August 7, 2019 Sourcewell (formerly NJPA) Contract Summary This contract vehicle is effective from 1 June 2017— 1 June 2021, plus one year option Company Information: Verizon Connect NWF Inc. (formerly Networkfleet,Inc.), a wholly owned subsidiary of Verizon Connect 9868 Scranton Rd, San Diego, CA 92121 Contractual POC: Marchand Clark-Hawkins, email: Phone: 858-450-7095 SUMMARY OF CONTRACT DOCUMENTS The attached Sourcewell (formerly NJPA) contract is comprised of the following documents: 1. Vendor Price and Product Change Form dated 8-7-2019 2. Revised Price List, revised 8-7-2019 3. Vendor Price and Product Change Form dated 5-30-2019 Revised n_:ee Hst, revised S 29-20 4 9 replaced by new pricelist 5. Vendor Price and Product Change Form dated 1-17-2019 6 Revised n_:ee Hst, revised , 4'-2049 replaced by new pricelist 7. Amendment 5 Revisions to Exhibit C-1 Additional T&Cs, rev 1-15-2019 8. Vendor Price and Product Change Form dated 8-17-2018 9 Revised n_i__ ,_st revised 8 4 4 20 4 8 replaced by new pricelist 10. Amendment 4 Re- ti to F__i._h_, G , ndditio__! -ro_G _e_ 8 , � 2048-replaced by updated terms 11. Amendment 3 —Name Change dated 6-18-2018 12. Vendor Price and Product Change Form approved 12-4-17 Revised n_:ee , ets of, , 22 204:7 replaced by new pricelist 14. Amendment 2 —Adding Telogis Platform plus revised Attachment C-1 15. Vendor Price and Product Change Form dated 11-22-17 replaced by updated terms 17. Amendment 1 18. Form C Exceptions to Proposal Terms and Conditions and Solutions request 19. Form D Formal Offering of Proposal 20. Form E Contract Acceptance and Award 21. Form F Proposer Assurance of Compliance Page 184 of 667 DocuSign Envelope ID: B821 F6BF-4843-4372-BE70-B90479D2C2FD QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2,3,and 4 of this Sourcewell Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the Sourcewell Procurement Department and to approval by Sourcewell's Chief Procurement Officer. Submit request through email to your assigned Sourcewell Contract Administrator. Sourcewell will determine whether the request is 1)within the scope of the original RFP, and 2) in the best interests of Sourcewell and Sourcewell Members.Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change,and must include a complete restatement of pricing documentation in an appropriate format(preferably Microsoft° Excel°). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product/price change naming convention: (Vendor Name) (Sourcewell Contract#)(effective pricing date);for example, "Acme Widget Company#012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date"on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if,for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3%price increase because of a 20%increase in petroleum costs. Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases.The Vendor must include reasonable justification for the price increase and must not,for example,offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete"Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: Verizon Connect NWF Inc. ❑ Adding Products/Services Deleting Products/Services ❑ Price Increase SOURCEWELL CONTRACT 022217-NWF ❑ Price Decrease NUMBER: Sourcewell Pg, 1 Standard Form PnI`060618 Page 185 of 667 DocuSign Envelope ID: B821 F6BF-4843-4372-BE70-B90479D2C2FD QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list,along with the percentage change for each item or category. (Attach a separate,detailed document if changing more than 10 items.) The 6100 device,and associated universal harness will no longer be available for sale to new customers,or to add any additional devices to any existing account. We will continue to provide the Monthly Subscription service for the units, and replace any defective units in service through the Return Authorization (RA) process that are under warranty. Any customer that would need additional devices would need to purchase the 5200 or 5500 device and service going forward. The following items are to be removed from the price list: PURCHASE SOLUTION Hardware Section: PART 1009N2VD,6100(Expressfleet) Accessory Type Section: PARTS093,6100 Universal Harness BUNDLED SOLUTION Accessory Type Section: PARTS093,6100 Universal Harness Under the Bundled Solution, in the Hardware/Monthly Service Section: MOH6100120 will no longer be for sale to new customers or available as an additional device on an existing account. This SKU will remain on contract for ordering and billing existing lines of service. Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1)'All pricing for paper products and services are increased 5%because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2)"The 6400 series floor polisher is being added to the product list as a new model,replacing the 5400 series. The 6400 series 3%increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the'Hot List"at a 20%discount from the previous pricing until the remaining inventory is liquidated." The 6100 device is no longer being manufactured at this time. If adding products,state how these are within the scope of the original RFP. N/A If changing prices or adding products or services,state how the pricing is consistent with existing Sourcewell contract pricing. N/A Sourcew ell pg, 2 Standard Form I`rtI`060618 Page 186 of 667 DocuSign Envelope ID: B821 F6BF-4843-4372-BE70-B90479D2C2FD QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the assigned Sourcewell Contract Administrator. ./Yes ❑ No Section 5.Signatures 7/26/19 Vendor Authorized Signature Date Leanna Long, Manager—Contract Management Print Name and Title of Authorized Signer DocuSigned by: y Sc 8/7/2019 1 12:34 PM CDT Lt-'MWJ Itz,Sourcewell Director of Cooperative Contracts and Procurement/CPO Date Sourcewell pg, 3 Standard Form PnI`060618 Page 187 of 667 Connect ours ewell :#022217 NIA/F Rev 5 '911`2019 COMPLETE CONTRACT PRICELIST as of 11/22/2017, revised 5/29/2019 VERIZON CONNECT NWS'INC, (VCN) PURCHASE SLUT PRODUCT PURCHASE NUMBER HARDWARE COST PRICE UNIT 5500E4VL,or 5500N4VL,or 5500N3AS 5500 GPS&Diagnostics) $ 85.00 EACH 5200E4VL,or 5200N4VL,or 5200N3AS 5200(GPS) $ 85.00 EACH 1000N4VL or 1003N3AS Asset Guard BX $ 150.00 EACH 1002N4VL Asset Guard PW $ 150.00 EACH PRODUCT PURCHASE NUMBER MONTHLY SERVICE PRICE UNIT MOH6100120 6100 Ex ressfleet Monthly Monitoring Fee $ 13.86 MONTH/DEVICE MOH5500120 5500(GPS&Diagnostics)Monthly Monitoring Fee $ 19.00 MONTH/DEVICE MOH5200120 5200(GPS)Monthly Monitoring Fee $ 17.00 MONTH/DEVICE MO AGBX120 AssetGuard BX Monthly Monitoring Fee $ 13.00 MONTH/DEVICE MO AGPW 120 AssetGuard PW Monthly Monitoring Fee $ 13.00 MONTH/DEVICE CONNECTMS CONNECT $ 2.95 MONTH/DEVICE CUH5200060 or CUH5500060 60 Second Configurable Update Rate NC MONTH/DEVICE CUH5200045 or CUH5500045 45 Second Configurable Update Rate $ 1.00 MONTH/DEVICE CUH5200030 or CUH5500030 30 Second Configurable Update Rate $ 2.00 MONTH/DEVICE CUH5200015 or CUH5500015 15 Second Configurable Update Rate $ 3.00 MONTH/DEVICE SATMS Satellite $ 34.95 MONTH/DEVICE PRODUCT PURCHASE NUMBER ACCESO Y TYPE PRICE UNIT PARTS031 Tamper Resistant Zip Ties(100 per pack) $ 50.00 EACH PARTS032 Combination Antenna A(Standard antenna) $ 30.00 EACH PARTSO40 Window Mount GPS Antennae Module $ 35.00 EACH OBD-II Adapter Kit only including Core Connector&8 PARTSO42 Adapters(5500/5200) $ 20.00 EACH PARTSO43 6 pin Harness $ 35.00 EACH PARTSO44 9 Pin Harness w/square flange $ 35.00 EACH PARTSO45 9 Pin Harness w/D mount $ 35.00 EACH PARTSO46 Universal Harness 5200 $ 10.00 EACH PARTSO47 OBD Harness $ 35.00 EACH PARTS059 Quick Install Harness $ 10.00 EACH PARTS060 Driver ID Reader $ 15.00 EACH PARTS061 Driver ID Key $ 3.50 EACH PARTS069 OBD Harness Extension $ 10.00 EACH PARTS070 16-pin Heavy Duty Harness $ 35.00 EACH PARTS071 Bluetooth Extension NC EACH PARTS087 Driver ID Buzzer $ 20.00 EACH PARTS090 Alternate Power Adaptor(5500/5200) $ 20.00 EACH This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Connect,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Pff9(6m189F6.667 Form P, Page 1 `"'may I Connect ` erizon Connect CMJ',/F lnc, verours ewell :#022217 N VV Rev 5 '911`2019 PRODUCT PURCHASE NUMBER ACCESORY TYPE cont PRICE UNIT PARTS095 Driver ID Reader Adapter $ 30.00 EACH PARTS097 5000 9-Pin Heavy Duty Harness"D"Type 2(green) $ 35.00 EACH PARTS098 5000 9-Pin Heavy Duty Harness"Square"Type 2(green) $ 35.00 EACH PARTS 111 USM 9-PIN D MOUNT HARNESS TYPE 2 PINS F-G $ 35.00 EACH PARTS 112 USM 9-PIN SQUARE HARNESS TYPE 2 PINS F-G $ 35.00 EACH DATA002 DATA Connect/Web Services Setup Fee $ 250.00 EACH PRODUCT PURCHASE NUMBER INSTALLATION TYPE PRICE UNIT I-INSTALL-UNIT Base Installation-Plug/Play or 3 Wire $ 65.00 EACH I-INSTALL-SENSOR Add-On to Base Installation Sensor $ 65.00 EACH I-INSTALL-DID Add-On to Base Installation Driver ID or Audible Driver ID $ 35.00 EACH I-SWAP-UNIT Device Swap $ 65.00 EACH I-TRANSFER-UNIT Device Transfer $ 65.00 EACH I-REMOVAL-UNIT Removal $ 65.00 EACH I-NOSHOW-UNIT No Show $ 75.00 TRIP I-TROUBLESHOOT- UNIT Troubleshoot $ 65.00 EACH TRAINING-HALF 1 1/2 Day Installation Training $ 150.00 EACH TRAINING-FULL Full Day Installation Training $ 300.00 EACH (1) Configurable Update Rate: Notwithstanding the"Qty"(quantity)specified above,the Monthly Recurring for the Configurable Update Rate each month will be determined by the fastest actual Configurable Update Rate per device enabled by the Customer at any time during the respective month,via Customer's SSP. Configurable Update Rate purchases for the 5000 series device models require the customer to enable the specific Update Rate feature(i.e. 15,30,45,60 seconds)on their SSP after device activation and registration. (2) The above pricing does not include applicable taxes unless tax exempt. If Tax Exempt,provide State Tax Exempt form with the award to:NWFAccount Setupj(2)verizonconnect.com. Shipping is now included in the fees above. (3) Terms found in Exhibit C-1 apply to these products. A typical order placed under the purchase solution for fifty (50) vehicles would look as follows: PRODUCT PRODUCT DESCRIPTION PRICE QTY Monthly TOTAL PRICE NUMBER PER Price UNIT 55003NVD 5500 GPS Hardware $85.00 50 One time $ 4,250.00 PARTSO43 6 pin Harness $35.00 50 One time $ 1,750.00 I-INSTALL-UNIT Base Installation-Plug/Play or 3 $65.00 50 One time $ 3,250.00 Wire One-Time Purchase $ 9,250.00 MOH5500120 5500 Monthly Monitoring Fee $19.00 50 1 $950.00 $11,400.00 Total Price for 12 months $20,650.00 This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Connect,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Pff9(6m189F6.667 Form P, Page 2 `"'may Connect ours ewell :#022217 NIA/F Rev 2 `2019 Bundle Price: BUNDLED LUT BUNDLE PRODUCT NUMBER HARDWARE/MONTHLY SERVICE D PIBICE UNIT MOH6100120(nlv t'or 6100(Expressfleet)(Bundle-Includes Device(6100), MONTH/DEVICE c xt,ttr Lw lines PARTS093 if needed,and Monthly Service) $ 18.24 5500(Bundle-Includes Device(5500EWL,or 5500N4VL,or MONTH/DEVICE MOH5500120 5500N3AS),PARTS059 Harness,and Monthly Service) $23.00 5200 (Bundle-Includes Device(5200EWL,or 5200N4VL,or MONTH/DEVICE MOH5200120 5200N3AS),PARTSO46 Harness,and Monthly Service) $ 19.00 AssetGuard BX(device(I000N4VDMS or 1003N3AS),service MONTH/DEVICE MO_AGBX120 &battery) $ 15.00 MO AGPW120 AssetGuard PW device 1002N4VDMS ,service&battery) $ 15.00 1 MONTH/DEVICE NOTES: (1)The bundle option must be procured over a 36 month term. BUNDLE PRODUCT NUMBERADD-ON SERVICE ITEMS TO PRICE ABOVE D PIBICE UNIT CONNECTMS CONNECT $ 2.95 MONTH/DEVICE CUH5200060 or MONTH/DEVICE CUH5500060 60 Second Configurable Update Rate N/C CUH5200045 or MONTH/DEVICE CUH5500045 45 Second Configurable Update Rate $ 1.00 CUH5200030 or MONTH/DEVICE CUH5500030 30 Second Configurable Update Rate $ 2.00 CUH5200015 or MONTH/DEVICE CUH5500015 15 Second Configurable Update Rate $ 3.00 SATMS Satellite $34.95 MONTH/DEVICE BUNDLE PRODUCT NUMBER ACCESORY TYPE D PIBICE UNIT PARTSO43 6 pin Harness $ 1.00 MONTH/DEVICE PARTSO44 9 Pin Harness w/square flange $ 1.00 MONTH/DEVICE PARTSO45 9 Pin Harness w/D mount $ 1.00 MONTH/DEVICE PARTSO46 Universal Harness 5200 incl MONTH/DEVICE PARTSO47 OBD Harness $ 1.00 MONTH/DEVICE PARTS053 Garmin FMI 45 Cable with Traffic for CONNECT $ 4.00 MONTH/DEVICE PARTS054 Garmin FMI Modified Cable $ 1.00 MONTH/DEVICE PARTS057 Pelican Micro Case for 5200 w/15'Universal Harness $ 2.00 MONTH/DEVICE PARTS059 Quick Install Harness incl MONTH/DEVICE PARTS066 Asset Guard BX Magnet Mount Kit(set of 4)(see Note(4)) $ 2.00 MONTH/DEVICE PARTS070 16-pin Heavy Duty Harness $ 1.00 MONTH/DEVICE PARTS097 5000 9-Pin Heavy Duty Harness"D"Type 2(green) $ 1.00 MONTH/DEVICE PARTS098 5000 9-Pin Heavy Duty Harness"Square"Type 2(green) $ 1.00 MONTH/DEVICE PARTS 111 USM 9-PIN D MOUNT HARNESS TYPE 2 PINS F-G $ 1.00 MONTH/DEVICE PARTS 112 USM 9-PIN SQUARE HARNESS TYPE 2 PINS F-G $ 1.00 MONTH/DEVICE A-PEM001 PEM Port Expansion Module $ 4.00 MONTH/DEVICE D-DID-000-000 Driver ID hardware bundle(includes IDRA,reader and key) $ 1.00 MONTH/DEVICE Driver ID hardware bundle with Limited Lifetime Install MONTH/DEVICE D-DID-000-INS (includes IDRA,reader and key) $ 2.00 This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Connect,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Pff9(6m19ff F6.667 Form P, Page 3 `"'may Connect (i��rnier!! �Jetj�°���rkf[net Inc,)ours ewell :#022217 NIA/F Rev 2 `2019 PRODUCT BUNDLED NUM13ER INSTALLATION TYPE PRICE UNIT D-INSTALL-UNIT Limited Lifetime Base Installation $ 2.00 MONTH/DEVICE D-INSTALL-AG Limited Lifetime Base Installation Asset Guard BX/PW $ 2.00 MONTH/DEVICE D-INSTALL-FMI Limited Lifetime Add-On to Base Installation(Garmin) $ 1.00 MONTH/DEVICE D-INSTALL-SSEM Limited Lifetime Add-On to Base Installation SSEM $ 1.00 MONTH/DEVICE D-INSTALL- SENSOR Limited Lifetime Add-On to Base Installation(Sensor) $ 1.00 MONTH/DEVICE Limited Lifetime Add-On to Base Installation(Pelican Micro D-INSTALL-PMC Case) 1.00 MONTH/DEVICE Limited Lifetime Add-On to Base Installation(Port Expansion D-INSTALL-PEM Module) 1.00 MONTH/DEVICE D-INSTALL-SAT Limited Lifetime Add-On to Base Installation(Satellite) $ 1.00 MONTH/DEVICE D-INSTALL-DID Limited Lifetime Add-On to Base Installation(Driver ID) $ 1.00 MONTH/DEVICE D-INSTALL-BTE Limited Lifetime Add-On to Base Installation Bluetooth $ 1.00 MONTH/DEVICE D-INSTALL- SENSOR Limited Lifetime Add-On to Base Installation(Sensor) $ 1.00 MONTH/DEVICE D-INSTALL-DID Limited Lifetime Add-On to Base Installation(Driver ID) $ 1.00 MONTH/DEVICE NOTES: (1)Configurable Update Rate: Notwithstanding the"Qty"(quantity)specified above,the Monthly Recurring for the Configurable Update Rate each month will be determined by the fastest actual Configurable Update Rate per device enabled by the Customer at any time during the respective month,via Customer's SSP. Configurable Update Rate purchases for the 5000 series device models require the customer to enable the specific Update Rate feature(i.e. 15,30,45,60 seconds)on their SSP after device activation and registration (2)The above pricing includes shipping costs in the bundled solution,however,it does not include applicable taxes unless tax exempt. If Tax Exempt,provide State Tax Exempt form with the award to:NWFAccountSetap(..verizonconnect.com (3) Terms found in Exhibit C-1 apply to these products. A typical order placed under the purchase solution for fifty (50)vehicles would look as follows: PRODUCT PRODUCT DESCRIPTION PRICE QTY Monthly TOTAL PRICE NUMBER PER Price UNIT MOH5500120 Monthly Service $23.00 50 Monthly $1,150.00 5500N4VL GPS&Diagnostics-Verizon $0.00 50 N/A $ 0.00 PARTS059 Quick Install Harness $0.00 50 N/A $ 0.00 CUR45SMS 45 Second Configurable Update Rate $ 1.00 50 Monthly $ 50.00 D-INSTALL- Limited Lifetime Base Installation $ 2.00 50 Monthly $ 100.00 UNIT Price per Month for 36 $1,300.00 Months Total Price for 36 months $46,800.00 This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Connect,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Pff9(6 19 TF6.667 Form P, Page 4 `"'may Connect ours ewell :#022217 N IA/F Rev 2 `2019 PURCHASE SOLUTION -VCT'Govt. Fleet Platform PRODUCT; NUMBER HA AWARE PRICE UNIT FHW 10001 Standard Equipment-Fleet(includes device and harness) $ 31.00 EACH AHP 10001 Standard Equipment-Asset Powered $188.62 EACH ANP 10001 Standard Equipment-Asset Non-Powered $188.62 EACH SHW 10003 Specialized Equipment-Driver ID $ 17.33 EACH 139330 Ibutton-Green Fob $ 0.81 EACH F39332 Ibutton $ 3.22 EACH F70525 12V PTO Kit for LMU26xx/4xx(wires and relays) $ 6.07 EACH F37511 6 Pin JPOD Y Cable $35.00 EACH F37529A JPOD Adapters HD Trucks with J1962 connector(version 2) $35.00 EACH F37532-A JPOD Low Profile Y Cable $35.00 EACH F37576 Standard OBDII Y Cable $20.00 EACH F37686 Threaded 9 Pin JPOD Y Cable(Black) $35.00 EACH F39386 6 Pin JPOD Adapter(must be included with 6 Pin Cable) $ 10.00 EACH F39472 Xirgo XT-6300 OBDII Harness $20.00 EACH F39473 Green 9 Pin JPOD Y Cable $35.00 EACH F39475 Xirgo XT-6300 Power Harness $20.00 EACH F39479 Green Threaded 9 Pin JPOD Y Cable $35.00 EACH F39488 XT-6300 Harness for P473 VN127 V227 U502 D398 P415 H567 models $35.00 EACH (Ford OE Spec) F39489 XT-6300 Harness for P552 P558 CD391 P375 U502 Models(Ford OE $35.00 EACH Spec) F39490 XT-6300 harness-Transit(Ford OE Spec) $35.00 EACH F39491 XT-6300 harness-Transit Connect(Ford OE Spec) $35.00 EACH F39500 VT-400 Green Threaded 9 Pin Cable $35.00 EACH F39501 VT-400 Black 9 Pin Cable $35.00 EACH F39502 VT-400 Black Threaded 9 Pin Cable $35.00 EACH F39503 VT-400 Green 9 Pin Cable $35.00 EACH F39504 VT-400 Light Duty Y Cable $35.00 EACH F39506 22pin Molex EZ-Temp Install $ 10.00 EACH F39507 Green Threaded 9 Pin Alternative Low Speed CAN Cable $35.00 EACH F39522 EMU 3640 JPOD Adapter $ 10.00 EACH F39524 EMU 3640 OBDII Y Cable $20.00 EACH F39534 EMU 3640 Connectorized Harness $ 10.00 EACH F70738 EMU 4200 12V PTO Kit $20.00 EACH F70770 LMU3640 12V PTO Kit $20.00 EACH F70803 Xirgo XT-6300 12V PTO Kit $20.00 EACH PRODUCT i NUMBER SOFTAWARE PRICE UNIT FSS 10001G VCT Government Fleet Essential Subscription $ 17.60 Month/Device FSS 10002G VCT Government Fleet Enhanced Subscription $ 19.10 Month/Device FAS 10003G VCT Government Asset Subscription $ 13.20 Month/Device F24314-01 API Add-On $ 1.99 Month/Device WFS 10001 Workforce Essential(mobile app. If ordered,quantity must be equal to the $ 10.00 Month/Device same quantityof Software Subscriptions ordered above SWA10006 Trips(If ordered,quantity must be equal to the same quantity $ 5.00 Month/Device of Software Subscriptions ordered above) This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Connect,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Pff9(6m19ZF6 f 667 Form P, Page 5 `"'may 111 ArAnk verI Connect ` erizon Connect CMJ/ Inc, ours ewell :#022217 N"A/F Rev 2 `2019 PRODUCT; NUMBER INSTALLATION PRICE UNIT SVC10001 Installation-Standard $ 96.86 EACH (1) Taxes(if applicable)are in addition to the costs above. 2 The attached terms found under Exhibit C-1 apply to these products. This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Connect,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Pr ff9(6m14—:P3Fd.667 Form P, Page 6 `"'may DocuSign Envelope ID: EEE8D2A7-4CED-4484-A5DD-25B7DF009C81 QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2,3,and 4 of this Sourcewell Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the Sourcewell Procurement Department and to approval by Sourcewell's Chief Procurement Officer. Submit request through email to your assigned Sourcewell Contract Administrator. Sourcewell will determine whether the request is 1)within the scope of the original RFP, and 2) in the best interests of Sourcewell and Sourcewell Members.Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change,and must include a complete restatement of pricing documentation in an appropriate format(preferably Microsoft° Excel°). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product/price change naming convention: (Vendor Name) (Sourcewell Contract#)(effective pricing date);for example, "Acme Widget Company#012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date"on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if,for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3%price increase because of a 20%increase in petroleum costs. Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases.The Vendor must include reasonable justification for the price increase and must not,for example,offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete"Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: Verizon Connect NWF Inc. Adding Products/Services Deleting Products/Services ❑ Price Increase SOURCEWELL CONTRACT 022217-NWF ❑ Price Decrease NUMBER: Sourcewell Pg, 1 Standard Form PnI`060618 Page 194 of 667 DocuSign Envelope ID: EEE8D2A7-4CED-4484-A5DD-25B7DF009C81 QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list,along with the percentage change for each item or category. (Attach a separate,detailed document if changing more than 10 items.) Verizon Connect NWF Inc.is requesting a modification to the subject contract to update our price list as follows: a. Form P, page 5—Part Number WFS10001,Workforce Essential description needs to be changed FROM: Workforce Essential(mobile app. If ordered,quantity must be equal to quantity of hardware purchased) TO: Workforce Essential(mobile app. If ordered,quantity must be equal to the sa pie quantity of Software grab cr' tics, s ordered above b. Form P, page 5—Part Number SWA10006,Trips description needs to be changed FROM:Trips(If ordered,quantity must be equal to quantity of hardware purchased) TO: Trips(If ordered,quantity must be equal to the same quantity of Software`wbscr ?tJons ordered above) The previous modification request incorrectly referenced hardware vs software. Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1)'All pricing for paper products and services are increased 5%because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2)"The 6400 series floor polisher is being added to the product list as a new model,replacing the 5400 series. The 6400 series 3%increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the'Hot List"at a 20%discount from the previous pricing until the remaining inventory is liquidated." See Explanation above. Sourcewell pg, 2 Standard Form I`rtI`060618 Page 195 of 667 DocuSign Envelope ID: EEE8D2A7-4CED-4484-A5DD-25B7DF009C81 QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM If adding products,state how these are within the scope of the original RFP. Workforce Essential and Trips are service add-ons to our Government Fleet Subscription Services which must be purchased in order to utilize these services. If changing prices or adding products or services,state how the pricing is consistent with existing Sourcewell contract pricing. 1. There is no pricing change. Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the assigned Sourcewell Contract Administrator. ./Yes ❑ No Section 5.Signatures 1/15/2019 Vendor Authorized Signature Date Leanna Long, Manager—Contract Management Print Name and Title of Authorized Signer 5DocuSigned by; �,�,� J(6ayf'� 1/17/2019 I 8:49 PM CST 1,Sourcewell Director of Cooperative Contracts and Procurement/CPO Date Sourcewell pg, 3 Standard Form PnI`060618 Page 196 of 667 DocuSign Envelope ID: 53CBB17B-480B-47CC-8E2B-37526FC06CE1 AMENDMENT#5 TO SOURCEWELL CONTRACT#022217-NWF This Amendment is by and between Sourcewell and Verizon Connect NWF Inc. (Vendor). Sourcewell and Vendor will be collectively known hereinafter as "Parties." Vendor was awarded a Sourcewell Contract for Fleet Management and Related Technology Solutions effective June 1, 2017, through June 1, 2021, relating to the provision of services by Vendor and to Sourcewell and its Members. The parties agree that certain terms within the Agreement shall be updated and amended and only to the extent as hereunder provided. In consideration of the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective upon the date of the last signature below. 2. Form C— Exhibit C-1 in the Vendor's Response to the above-mentioned Request for Proposal shall be stricken and replaced with an updated Exhibit C-1 entitled, "Exhibit C- 1: Verizon Connect NWF Additional Terms and Conditions" attached hereto and incorporated herein. 3. The Agreement and any previous amendments are incorporated into this Amendment by reference. (This Section Is Intentionally Left Blank.) Page I of 2 Page 197 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 Except as amended by this Amendment, the Agreement remains in full force and effect. SourceweU Verizon Connect KJWFInc. o=uSw"ed by. o=�w"�b . Jeremy Schwartz Leanna Long Nanne — Printed Nanne — Printed Tide: Director of Operations & ProcurementZCPO Tide: Manager— Contract Management Date: 1/16/2019 | 3:21 PM CST Date: 1/16/2019 | 11:34 mw PST APPROVED: Bv: [L! (A-dl Chad Coauette Nanne — Printed Tide: Executive DirectorZCEO Date: 1/16/2019 | 3:22 PM CST Page 2of2 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q Exhibit C-1: Verizon Connect NWIF Additional Terms and Conditions The general terms and conditions governing the purchase and use by SourcevxeU Member ("Customer" or "You") of products and services of Verizon Connect NVVF Inc. (VCN), a subsidiary of Verizon Connect, are set forth below (hereinafter referred to as the "Agreement"). You will be required to agree tothis Agreement by either providing an electronic signature as part of completing an electronic Order Form or by signing an Order Form for VCN products and services. If you do not agree to this Agreement,you may not order VCN products or services. 1. DEFINITIONS When used in this Agreement,the following terms,when capitalized,shall have the meaning as set forth below: 1.1. Accepted Order Form: An Order Form which has been executed by Customer and accepted by VCN. 1.2. Agreement Term: The term ofthis Agreement asset forth inSection 11.1below. 1.3. Bundled Billing Start Date: The first of the month following the month the bundled Devices are shipped. 1.4. Confidential Information: Any non-public or proprietary information of a party (the "Disclosing Party") which is obtained by the other party (the "Receiving Party") in the course of activity pursuant to this Agreement, including information which is disclosed on an Order Form, or in connection with the provision to,and use by,Customer of VCN products and services,whether such information is disclosed in oral,written, graphic, electronic orany other form. Confidential Information does not include any information that the Receiving Party can show: (a)was known to the Receiving Party prior to receiving the same from the Disclosing Party; (b) is independently developed by the Receiving Party; (c) is acquired by the Receiving Party from another source that has the right to disclose such information without restriction as to use or disclosure; or (d) is or becomes part of the public domain through no fault or action of the Receiving Party. 1.5. Customer Website Pages: The web pages on the VCN Website which are designated by VCN for use by Customer. 1.6. Device Contract Term: The minimum length of time a Device is required to be active as identified on the applicable Accepted Order Form. 1.7. Devices: The wireless device ordevices designated onanAccepted Order Form. 1.8. Fees: The Device and accessory purchase prices, Device installation fees,the VCN Service fees and any other fees payable byCustomer asset forth inanAccepted Order Form. 1.9. Order Form: An order form provided by VCN to Customer, pursuant to which Customer orders Devices, and/or Services. 1.10. VCN Services: The services offered hereunder by VCN, from time to time, including, but not limited to: (a) collection of diagnostic and/or location information from a Vehicle; (b) analysis, delivery and posting of Vehicle information tothe VCN Website; (c) notification to Customer and/or a designated third party bye- mail of certain events or Vehicle information; (d)Customer access and usage of Customer Website Pages; (e) Device installation services; but only tothe extent such services are identified on an Accepted Order Form; (f)any proprietary data feed or elements thereof or any application programming interfaces (API's) provided by VCN ("VCN Data Services"), but only to the extent such services are identified on an Accepted Order Form; and (g)any professional services provided by VCN as set forth on a Professional Services Addendum attached toanorder. 1.11. VCN Website: The VCN website currently located at . 1.12. Service Partners: The companies that VCN and VCTworkwith,from timeto time,to provide the VCN Services and/or VCT Software Service, including, but not limited to, wireless service carriers, installers, website operators, mapping data providers and licensors. Exhibit C-1, Page` Page 199Of667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q 1.13. Vehicle: Anon'roadvehide, off-roadvehideand/orstationaryormovab|eequipnnentovxnedorunderthe control ofCustomer, which isequipped with aDevice. 1.14. Definitions applicable solely to the Verizon Connect(VCT) Platform products and services: 1.14.1 Map Data: The map data and satellite imagery provided as part of the Software Service. The use of Map Data is pursuant to applicable end user license agreements which are incorporated herein byreference and can befound onthe VCT Website. 1.142 Product: Any equipment oraccessory provided for use with any Software Service. 1.143 Product Installation Services: The set of services offered to install a Product in accordance with Section 4 below. 1.14.4 Remote Software: Software that may be provided by VCN that will be installed on a permitted device or computer system to access the Service Website and certain additional features of the Software Service. The use of Remote Software is pursuant to applicable end user license agreements which are incorporated herein by reference and may be found on the VCT Website. 1.14.5 Service Website: Anacceo'restrictedvxebsiteanditsre|ateddatabases, servers, andsoftvxare. 1.14.6 Server Software: The software residing onthe Service Website. 1.147 Software Service:Any software service ordered hereunder. 1.14.8 VCT: Verizon Connect Te|oInc. isanaffiliate ofVCN. 1.14.9 VCT Website: The VCTwebsitelocated atvxvxvx.verizonconnect.com. 1.14.10 Third Party Services: The services that Customer may elect to receive directly from a third party, including wireless service, internet service,safety monitoring,fuel card,or any other service related tothe Software Service. Additional terms and conditions between the Third Party Service Provider and Customer apply if Third Party Services are used in connection with the Software Service. 1.14.11 Third Party Service Providers: The providers of the Third Party Services. Z. ORDERS, DELIVERY,AND ACCEPTANCE 2.1. Customer may not modify, rescind or cancel an Accepted Order Form, in whole or in part,without VCN's written consent; any such action byCustomer shall be considered null and void and have no effect on the Accepted Order Form. The transmittal by VCN to Customer of an Order Form does not constitute an offer. All orders are subject to acceptance by VCN, evidenced either (a) invxritin0via email, or (b) byshipping the Devices or provisioning the VCN Services orthe VCT Software Service. Z.Z. Shipping, Risk mfLoss and Acceptance: Devices will be shipped tothe address designated on Customer's Accepted Order Form. Title and risk ofloss vxi|| transfer toCustomer upon receipt ofthe Devices byCustomer or Customer's agent at the address designated on Customer's Accepted Order Form. Shipping isincluded in the price of equipment. 3. LICENSE 3.1. VCN LICENSE 3.1.1 During the time that Customer is entitled to receive VCN Services hereunder, VCN grants to Customer a non'exdusive, non-transferable license to: (a) use the VCN Services in the United States and such other countries as may be approved by VCN in writing; (b) access and use the Customer Website Pages; and (c) use the firmware and the software included in the VCN Devices, solely for use in connection with the VCN Services, and as provided in this Agreement. Redistribution or resale of the VCN Services by the Customer is prohibited without VCN'o prior written consent. Exhibit C-1, Page Page 200 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izom (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q 3.1.2 VCN Data Services, if applicable, are subject tothe then current "VCN Data Services Use Policy and Procedure" which is located at as it may be updated from time totime. 3.2. VCT LICENSE 3.2.1 During the term during which Customer is entitled to use the Software Service hereunder, Customer will have a non'exdusive, non-transferable license to: (i) access and use the Server Software through the Service Website within the United States; (ii) download one copy of the Remote Software to each permitted device orcomputer system; (iii) install and use, for its internal business purposes only, the Remote Software on each permitted device orcomputer system; (iv) view any Map Data; and (v) use the Software Service inaccordance with these Terms and Conditions. 4. INSTALLATION SERVICES 4.1. VCN: If VCN accepts an order for VCN Device installation services, VCN or its Service Partners will install the VCN Device inthe applicable vehicle ata mutually agreed location, in accordance with VCN'o Installation Policy, located at asitmay beamended from time to time. The parties will use reasonable efforts to schedule and complete the installation during normal working hours within thirty(30)days of the date of acceptance of the installation orde. Before proceeding with any installation that involves more work than is standard and customary, VCN will advise and obtain Customer approval for additional fees to be charged for such non-standard installation. Customer acknowledges and agrees that installation of the VCN Device may involve drilling holes, rewiring, and performing other similar alterations to the Vehicle and that VCN has no obligation to restore the Vehicle to its original state after removal of the VCN Device. 4.2. VCT PLATFORM: VCN will perform Product Installation Services pursuant tothese Terms and Conditions to enable VCT products and services ordered byCustomer. Product Installation Services may beperformed bya Service Partner,who will install the Product at a mutually agreed upon time and location. Product Installation Services include: (I) the installation of Products and corresponding accessories into Customer designated vehicles; and (ii) the provision of cable wiring and other minor ancillary parts required to install the purchased Product. Prior to installation, Customer must provide to VCN, an accurate list of Products to be installed and the address where Product should beshipped. Customer personnel must beonsite during Product installation to: (I) provide keys and access to vehicles; (ii) allow for vehicle inspections; and (III) identify instal lation-related issues. If Customer personnel does not remain onsite during the entirety of the installation process, the installation will be deemed accepted when completed. The following services are outside the scope ofVCN'o Product Installation Services; VCN will not be obligated to: (a) procure, install, or configure mobile devices; (b) install tablets or tablet mounts; or (c) train Customer on how to self-install Product or other hardware. Generally, VCN will require two tothree weeks' lead-time to begin installations. When Product Installation Services are completed,the installer will provide an installation log to Customer documenting any issues found. Installer will follow generally accepted industry standards when performing Product Installation Services. Specific installation requests must be provided byCustomer inwriting. S. TRAINING AND SUPPORT SERVICES 5.1. Customer will designate one or more employee(s)to act as the coordinator(s)for Customer's use of the Devices and VCN Services and will require such coordinator(s) to participate in training provided from time to time by VCN. S.Z. During the time Customer is entitled to receive Services, and subject to Section 8 below(Exclusions),VCN or its designee will provide Customer with reasonable telephone or e-mail consultation and technical assistance regarding the Devices and VCN Services durin0VCN'o regular working hours. Customer may call VCN or its designee at (866) 227'7323 or e-mail inquiries to NWFSupport Verizonconnect.com for support services. Exhibit C-| Page 4 Page 201 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izom (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q 6. CUSTOMER OBLIGATIONS 6.1 VCN: Customer agrees to use the VCN Devices, VCN Services, VCN Website, and Customer Website Pages in accordance with their intended purposes. Customer shall comply, and cause its employees and agents to comply, with all applicable laws and regulations and with VCN'sVVebsite Acceptable Use Policy and Privacy Policy which are available on the VCN Website. Custonnenmi|| provide notice to its Vehicle operators that the Vehicle has been enabled for VCN Services and that VCN Services and that VCN Services may collect data associated with the Vehicle's location and manner ofoperation. 6.2 VCT PLATFORM: Customer agrees to use the Products, Service Website, Server Software, Remote Software, Map Data, and VCT Website in accordance with their intended purposes. Customer shall comply, and cause its employees and agents to comply with all applicable laws and regulations, VCT's acceptable use policy, and all other policies that VCT may establish from time totime,which are, or will beavailable onthe VCT Website. Customer will provide notice totheir vehicle operators that the vehicles have been enabled for Software Service and that the Software Service may collect data associated with the vehicle's location and manner of operation. 7. LIMITED WARRANTY 7.1. VCN: 7.1.1 Devices: VCN warrants to Customer that VCN Devices (other than Asset Tracker Devices) and harnesses will be free from defects in material and workmanship that prevent the VCN Device from functioning in accordance with its specifications for the entire period of ownership of such VCN Device 7.1.ZAsset Tracker Devices: VCN warrants to Customer that Asset Tracker Devices (excluding the battery) which have been purchased new from VCN by Customer will be free from defects in material and workmanship that prevent the VCN Device from functioning in accordance with its specifications for a period of three (3)years following the initial activation of such device. 7.1.3 Accessories: VCN warrants to Customer that all accessories(other than harnesses)which are purchased new from VCN byCustomer will befree from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment. 7.1.4Installation Services: 7.1.4.1 Standard Warranty: VCN warrants to Customer that installation services provided by VCN or its authorized subcontractors will be free from defects in workmanship for a period of one (1) year following completion of such installation services. 7.1.42 Extended Warranty: In the event Customer purchases an extended installation warranty ("Limited Lifetime"), VCN warrants to Customer that such installation services shall befree from defects in workmanship for the entire period of Customer's uninterrupted use of the VCN Device pursuant tothis Agreement. 7.1.SWarranty Claims: Warranty claims must be made by notifying VCN in writing promptly after Customer learns of the facts supporting a warranty claim, as specified in VCN'o then-current applicable warranty policy located at https://static.verizonconnect.com/networkfieet/Limited Lifetime Warranty Policy Direct VAR.pd . Subject to Section O below (Exclusions) and the provisions ofVCN's then-current applicable warranty policy, VCN vxi||, at its discretion, either repair or replace any non-complying VCN Device with a VCN Device of equivalent functionality, and, if applicable, remedy any defects in the installation of the VCN Device. 7.1.6 THE REMEDIES IN THIS SECTION 7 ARE VCN'S ONLY OBLIGATION AND CUSTOMER'S ONLY REMEDY FOR BREACH OFANY WARRANTY. 7.2. VCT PLATFORM: Exhibit C-1, Page Page 202 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izom (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q 7.2.1 VCN warrants to Customer that a Product purchased hereunder will be free from material defects in material and workmanship that prevent the Product from functioning in accordance with its specifications for aperiod oftwelve (1Z) months from shipment; 7.2.2 VCN warrants to Customer that the Software Service will materially conform to the applicable user documentation provided with the Software Service for the term of the order; 7.2.3 VCN warrants to Customer that Product Installation Services will befree from defects inworkmanship for thirty (3U) days from completion ofsuch installation; 7.Z.4VCN will, at its discretion, repair or replace any Product with a Product ofequivalent functionality, and if applicable, remedy any defects in installation of the Product. VCN will use commercially reasonable efforts to repair or replace the non-conforming Software Service as a part of support and maintenance for the Software Service; 7.2.5 THE REMEDIES IN THIS SECTION ARE THE SOLE OBLIGATIONS AND REMEDY FOR BREACH OF ANY WARRANTY. EXCLUSIONS O. EXCLUSIONS: 8.1. VCN: The Limited Warranty and support services provided by VCN do not include repair, replacement or correction of any defect, damage or malfunctions caused by: (a) for installation not performed by VCN or its authorized subcontractors ("Self installation"), failure to properly install the VCN Devices as described in the VCN installation guides (for clarification, the applicable warranty shall apply except tothe extent any defect, damage or malfunctions were caused by improper Self Installation); (b) accident, negligence, theft, vandalism, operator error, misuse or acts of God; (c) failure of the facilities Customer uses to access the VCN Website or failure to conform to VCN specifications; (d) modifications, attachments, repairs or unauthorized parts replacements performed byCustomer orany third party not authorized by VCN; or (e) use byCustomer of hardware or software not provided or approved by VCN. Customer will be responsible for the cost of any support services provided byVCN caused byany ofthe foregoing. O.Z. VCT PLATFORM: The limited warranty does not cover any Product which: (I) has been repaired, disassembled, reverse engineered, clecompiled, adjusted, altered, or modified in any way so as in the judgement of VCN, or its supplier to affect its stability and reliability; (ii) has an accessory purchased from any entity other than VCN installed thereon; (iii) has been subject to misuse, abuse, negligence, accident, incorrect installation (unless installed by VCN, VCT, or Service Partner), or improper storage, maintenance, or operation; (iv) has had software installed on it by party other than the original manufacturer, VCN, or Service Partner; (v) has been subjected to operating or environmental conditions that deviate from the Product's specifications; (vi)has been damaged due to acts of God; (vii) has been damaged due to service performed by an unauthorized entity; or (viii) has its serial number defaced, altered, or removed. The limited warranty does not extend to Map Data. Nothing will be construed as providing or intending to provide a limited warranty to a third party. The limited warranty will not apply if Customer has more than one On-Board Diagnostic System 11 device connected to an On-Board Diagnostic System port atatime. The limited warranty does not extend toany accessories(e.0. panic switch, |D button, cables, and other accessories purchased for use with location tracking units) or tablets, except that VCN will pass on to Customer any manufacturer warranty made available by manufacturer, if applicable. VCN does not warrant installations during any period, (a) against abuse, misuse, modification, or unintended use; or(b) an installation which results in covering or otherwise concealing an antenna. 9. DISCLAIMER OFWARRANTIES 9.1. VCN: EXCEPT FOR THE LIMITED DEVICE AND INSTALLATION WARRANTY SET FORTH IN SECTION 7ABOVE,VCN MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE VCN DEVICES AND THE VCN SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,VCN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON|NFR|NGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND Exhibit C-1, Pu�c 6 ` Page 203 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VCN DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE VCN DEVICES WILL BE AVAILABLE ATALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR'FREE, ORTHAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM VCN TO CUSTOMER OR TO THE CUSTOMER WEBSITE PAGES WILL ALWAYS BE ACCURATE,TIMELY ORCOMPLETE. 9.2. VCT PLATFORM: EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SET FORTH IN SECTION 7.2, NETWORKIFLET MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD, OR THE SOFTWARE SERVICE, SUPPORT SERVICES, REMOTE SOFTWARE, SERVER SOFTWARE, SERVICE WEBSITE, MAP D/Q7\, COLLECTED DATA ALERTS, REPORTS (INCLUDING HOURS OF SERVICE ("HOS") REPORTS), OR INSTALLATION PROVIDED HEREUNDER, INCLUDING QUALITY, RELIABILITY, OR ACCURACY; (11) THE SOFTWARE SERVICE, SUPPORT SERVICES, REMOTE SOFTWARE, SERVER SOFTWARE, SERVICE WEBSITE, MAP DATA, COLLECTED DATA, AND PRODUCTS ARE PROVIDED "AS |S" AND "WITH ALL FAULTS BAS|S"; AND (|||) VCN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OFTITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, VCN DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, PERFORMANCE, ACCURACY OR THE RESULTS OF THE USE OF PRODUCTS, SOFTWARE SREV|CE (INCLUDING ALERTS OR HOS),SUPPORT SERVICES,SERVICE WEBSITE,SERVER SOFTWARE, REMOTE SOFTWARE, MAP DATA, COLLECTED DATA, ALERTS, OR REPORTS IN TERMS OF CORRECTNESS, ACCURACY, RELABILITY, OR OTHERWISE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY VCN WILL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO, AND WILL NOT, RELY ON ANY SUCH ADVICE OR INFORMATION. 10. FEES AND PAYMENT TERMS 10.1.Unless otherwise provided in an Accepted Order Form, or by written agreement between VCN and Customer: 10.1.1 Unbundled Devices and Accessories: Purchase prices and shipping fees are invoiced upon delivery of the Device and/or accessory, as applicable, to the common carrier for shipment to Customer. 10.1.2 Unbundled Network Services and Software Service: The Services fee for aDevice begins atthe time of activation ofthe Device and isinvoiced monthly inarrears. 10.1.3 Bundled Devices: The monthly bundled rate for a Device (includes Device, applicable accessory, VCN Services and ground shipping) is invoiced monthly in arrears on the Bundled Billing Start Date as defined in Section 1.3 above. 10.1.4 Device Installation Fee: If applicable, the Device installation fee is invoiced one-time upon completion of the installation services. However if the extended installation (Limited Lifetime) warranty is purchased,then the monthly installation fee is invoiced upon applicable Device activation. 10.2.Unless otherwise provided in an Accepted Order Form, or by written notice by VCN to Customer(which notice cannot provide for a payment date prior to the invoice date), payment of all fees must be made automatically via credit or debit card orACH on the invoice date. Customer is responsible for providing updated payment authorizations if payment information changes and failure to do so may result in a suspension or termination of VCN Services. 10.3.All other fees are due and payable as set forth in the Accepted Order Form. 1U.4.Fees donot include applicable taxes and surcharges. VCN may charge, and Customer agrees toberesponsible for, and pay at the same time as Fees are paid, applicable state and local sales taxes and other government mandated fees in connection with the sale of the Devices,VCN Services, and Software Service unless Customer has provided satisfactory certificates orother evidence ofexemption. 10.5.Customer understands and agrees that the VCN Website contains functionality that allows Customer to make changes to Customer's account, including changes by Customer which may affect the monthly charges for the VCN Service or other fees payable to VCN. Customer shall be responsible for all charges resulting from Customer's actions initiated through Customer's access to the VCN Website. Exhibit C-1, Page` Page 204Of667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q 11. TERM,SUSPENSION AND TERMINATION 11.1.Agreement Term: The initial Agreement Term shall be for the Device Contract Term specified on the Accepted Order Form, beginning on the effective date of the Accepted Order Form. Upon expiration of the initial Agreement Term, this Agreement will automatically renew for one-month periods until either party elects to terminate by providing written notice to the other party, orthe Agreement isotherwise terminated, asset forth herein. 11.2.Device Contract Term: The Device Contract Term for each Device begins: (a) for non-bundled Devices upon activation; or (b) for bundled Devices upon the Bundled Billing Start Date. When the Device Contract Term expires, VCN Services shall continue ona month-to-month basis. 11.3.Termination: Either party may terminate its obligations pursuant to an Accepted Order Form by giving written notice to the other party: (a) immediately if the other party breaches its obligations under an Accepted Order Form or this Agreement and fails to cure such breach within ten (10) days after receipt of notice for payment breach or within thirty(30)days after receipt of notice for all other types of breaches(or such later date as may be specified in the notice);or(b)without cause with sixty(60) days' advance written notice. |fnotice ofbreach is sent by VCN,during the notice or cure period VCN may suspend Customer's access to and use of the Customer Website Pages and/or VCN Services with respect to all Customer Devices, without incurring any liability whatsoever, until the breach is cured, and Customer shall remain liable for all applicable Fees while access and use are suspended. 11.4.VCN may terminate its obligations pursuant to an Accepted Order Form immediately and without limiting its other rights or remedies available at law or in equity if Customer breaches its obligations under an Accepted Order Form or this Agreement and was sent a prior notice of breach during the preceding twelve (12) months, such termination to be effective on the date specified in the notice or the date of the notice, if no effective date isspecified. 11.5.ETF: VCN will charge an early termination fee ("ETF") for Devices terminated by VCN pursuant to Section 11.3(a) or 11.4 above, or terminated by Customer pursuant to Section 11.3(b) above prior to the Device being activated for at least the length of its applicable Device Contract Term in the amount of: (a)TenDollars($1U.UU) per month for each bundled Device (other than for a bundled Expreofleet Device) for the remainder of the Device Contract Term, or (b) Five Dollars ($S.UU) per month for each bundled Expreofleet Device for the remainder ofthe Device Contract Term. 11.6.|fthe obligations of either party pursuant to an Accepted Order Form are terminated for any reason in accordance with this Section 11, the VCN Services will terminate effective as of the date of the termination, Customer will pay to VCN any Fees for Devices received or VCN Services provided prior to the effective date of the termination, and the parties' respective rights and obligations under Sections 9, 10, 11, 12, 13, 14, 15, 16, 1O, 19, ZUand Z1ofthis Agreement will survive. 12. INDEMNIFICATION 12.1. The party seeking indemnification pursuant tothe associated SourcevxeU Contract #UZZZ17'NVVFshall: (a) provide the other party with prompt written notice of the claim; (b) allow the indemnifying party to control the defense and settlement of the claim, provided, however, that the indemnifying party shall not agree to any injunctive relief or settlement that obligates the indemnified party to perform any obligation make an admission of guilt, fault or culpability or incur any expense, without such indemnified party's prior written consent, which shall not be unreasonably withheld, delayed or conditioned; (c) have the right to obtain its own counsel at its own expense; and (d) provide reasonable cooperation to the indemnifying party. 13. LIMITATION OF LIABILITY 13.1. NEITHER PARTY, NOR ITS AGENTS OR VENDORS, SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS INFORMED Exhibit C-1, Page Page 205 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q THAT THOSE DAMAGES MAY OCCUR. VCN'SCUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO VCN UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE LIABILITY ACCRUES FOR ACLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TOLIABILITY OF EITHER PARTYARISING UNDER SECTION 12(INDEMNIFICATION),SECTION 15(CONFIDENTIALITY)AND/OR SECTION 16 (PROPRIETARY RIGHTS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLYTO YOU. 13.2. WITHOUT LIMITING THE FOREGOING, UNLESS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF VCN, VCN IS NOT RESPONSIBLE FOR LIABILITIES OF ANY KIND RESULTING FROM DELAYS IN DELIVERY, INSTALLATION OR PROVIDING VCN OR OTHER SERVICES, REGARDLESS OF THE CAUSE OF THE DELAY. CUSTOMER UNDERSTANDS AND AGREES THAT VCN CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND THAT THEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM AN ALLEGED OR ACTUAL LACK OF SECURITY RELATING TO CUSTOMER'S USE OF THE VCN SERVICES. 13.3. CUSTOMER UNDERSTANDS AND AGREES THAT: (a) THE DEVICE |SAWIRELESS DEVICE AND THAT THE VCN SERV|CESVVORKBYUSING WIRELESS COMMUNICATIONS NETVVORKSTOCONNECTTHEDEV|CESVV|THVCN'S DATA CENTER AND BY USING GPS (GLOBAL POSITIONING SYSTEM) TO DETERMINE A VEHICLE'S LOCATION; (b)THE VCN SERVICES WILL NOT OPERATE UNLESS A VEHICLE IS IN AN AREATHAT HAS ADEQUATE WIRELESS COMMUNICATIONS COVERAGE AND, EVEN IF A VEHICLE IS IN SUCH AREA,THE VCN SERVICE IS SUBJECT TO WIRELESS SERVICE NETWORK AND TRANSMISSION LIMITATIONS AND MAY BE ADVERSELY AFFECTED BY TERRAIN, SIGNAL STRENGTH, WEATHER AND ATMOSPHERIC CONDITIONS, OR OTHER THINGS THAT VCN DOES NOT CONTROL;AND (c) INFORMATION ABOUTAVEHICLE'S LOCATION WILL NOT BE AVAILABLE UNLESS THE DEVICE |NTHE VEHICLE |SABLE TORECEIVE GPS SIGNALS. 14. Intentionally left blank 15. CONFIDENTIALITY 15.1. Each party as a Receiving Party will protect Confidential Information of the Disclosing Party against any unauthorized use ordisclosure to the same extent that the Receiving Party protects its own Confidential Information of similar nature against unauthorized use or disclosure, but in no event will Receiving Party use less than a reasonable standard of care to protect such Confidential Information. The Receiving Party will not use or disclose any Confidential Information of the Disclosing Party for any purpose other than as: (a) reasonably necessary to perform its obligations under this Agreement; (b) expressly permitted by this Agreement; (c) required by applicable law(provided that the Receiving Party shall notify the Disclosing Party of such required disclosure promptly and cooperate with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any lawful action to contest or limit such required disclosure); or (d) consented toinwriting bythe Disclosing Party. 15.2. The parties further agree that any obligations to protect Confidential Information set forth herein shall survive termination of this Agreement for a period of three(3)years from the termination of this Agreement, except that as to any Confidential Information deemed a "trade secret" under applicable |av4 such obligations shall continue for so long as such information is deemed a trade secret. 15.3. The provisions of this Section 15 are necessary for the protection of the business and goodwill of the Disclosing Party and are considered by the Receiving Party to be reasonable for such purpose. The Receiving Party agrees that any breach of these provisions may cause the Disclosing Party substantial and irreparable damages and, therefore, in the event ofany such breach, in addition to other remedies which may be available, the Disclosing Party shall have the right to seek specific performance and other injunctive and equitable relief. 16. PROPRIETARY RIGHTS Exhibit C-1, Page Page 206 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q 16.1. VCN: 16.1.1 Customer acknowledges and agrees that the VCN Devices,the VCN Service and the VCN Website may include patent, copyright,trademark, service mark,trade secrets,orother intellectual property rights (co||ective|y°ProprimtmryRights°) ofVCN, itsaffi|iatesortheServicePartners(indudin0,vxithrespect to the VCN Website, materials that may be proprietary to Tele Atlas or its suppliers), and that VCN, its affiliates and/or the Service Partners retain title to and ownership of those Proprietary Rights and any and all improvements, modifications, fixes or enhancements made by or for VCN, its affiliates and/or the Service Partners to the VCN Devices, the VCN Service or the VCN Website, regardless of whether such items orservices are created orsuggested byCustomer. 16.12 Customer will not copy, modify, reverse-engineer, disassemble, translate, convert or decompile any software or firmware included in any VCN Device, the VCN Website or VCN Services, or otherwise provided to Customer by or on behalf of VCN, and will not disclose such software or provide access to the VCN Devices, such software or any VCN Services to any third party for such a purpose. 16.13 Customer agrees that with respect to VCN Services, it shall not, nor shall it permit any third party to (a) assign, transfer, lease, rent, sell, distribute or import such VCN Services to any third party; (b) except with the express written consent of VCN, combine, embed or incorporate the VCN Services into any other product or service other than any Customer-owned or developed interface for purposes of receiving the data feed delivered from the VCN Devices; (c) remove or alter any proprietary notices in the VCN Services; (d) use the VCN Services in connection with the transmission, sale, license, or delivery of any infringing, defamatory, offensive, or illegal products, services, or materials; (e) use the VCN Services in any manner that threatens the integrity, performance, or availability of the VCN Service; or (f) use the VCN Service in any manner that violates local, state or federal laws, regulations ororders. 16.2. VCT PLATFORM: Customer acknowledges and agrees that the proprietary information and knovx'hov4 techniques, algorithms, and processes provided by or contained in the Service Website, Service Software, Remote Software, or Map Data, or any modification or extraction thereof, constitute trade secrets and confidential information of VCN, Service Provider or their suppliers and will only be used by Customer in accordance with the Terms and Conditions. Customer will protect such trade secrets and confidential information. Customer agrees that Customer will not, nor will it permit any third party to (a) modify, create derivative works, copy, publicly display, publicly perform, resell, transfer, distribute, sublicense, or reproduce the Software Service, Service Website, Server Software, Remote Software or Map Data; (b) use the Software Service, Service Website, Server Software, Remote Software or Map Data to develop any other software, product or service including, but not limited to, any other software, product, or service that is competitive with the Software Service; (c) copy, decompile, disassemble, modify, make corrections to or reverse engineer Software Service, Service Website, Server Software, Remote Software or Map Data or otherwise attempt to gain access to any underlying code used to implement or deploy the Service Website; (d) remove or obscure any proprietary rights notice provided on the Software Service, Service Website, Server Software, Remote Software or Map Data; (e) use the Software Service in any connection with transmission, sale, license, or delivery of any infringing,defamatory,offensive,or illegal products,services,or materials;(f)use the Software Service in any manner that violates local, state or federal laws, regulations or orders. 17. MODIFICATIONS;WEBSITE MAINTENANCE 17.1. VCN: VCN may alter or modify all or part of the VCN Devices,the VCN Services or the VCN Website from time to time; provided that such alterations or modifications shall not materially adversely affect the intended use of the VCN Services or VCN Website. Subject to the foregoing, such alterations and modifications, or both, may include, without limitation, the addition or withdrawal of features, information, products, services, software orchanges ininstructions. If such alterations or modifications in fact materially adversely affect such Exhibit C-| Pu�cl0 ` Page 207Of667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q intended use, Customer may, as its sole and exclusive rights and remedy, elect toterminate this Agreement onthirty (3U) days written notice toVCN. VCN reserves the right toperform scheduled maintenance for the VCN Services and VCN Website from time totime. This may include application and database maintenance as well as general website maintenance and may or may not involve VCN Website and VCN Services unavailability. 17.2. VCT PLATFORM: Customer agrees VCT may alter or modify all or part of the Product, the Software Service, ServiceWebsite,ServerSoftware,orVCTWebsite from timetotime; provided such changes do not materially adversely affect Customer's use of the Software Service, Service Website, or VCT Website. Subject to the foregoing, such changes may include, without limitation, the addition or withdrawal of certain features, information, products, services, software orchanges in instructions. Customer agrees VCT has the right to perform scheduled maintenance for the Software Service, Service Website, and VCT Website from time to time. This may include application and database maintenance as well as general website maintenance and may or may not involve Software Service, Service Website, or VCT Website unavailability. 18. DATA 18.1. VCN DATA: Customer represents and warrants that it has all necessary rights and authority with respect to theclata collectedfrom Customerand its vehicles and transmitted through Customer's useoftheVCN Devices, the VCN Services and the VCN Website ("Business Data") and that Customer approves and grants to VCN, its affiliates and the Service Partners the nonexclusive license and right to collect, access, copy, share and use the Business Data inthe course ofperforming the VCN Services and as needed to analyze, measure and optimize the performance of the VCN Devices and the VCN Services. Aggregated or de-identified Business Data may be used for business and marketing purposes by VCN, its affiliates, or third parties. 18.2. VCT PLATFORM DATA: |nthe course ofproviding the Software Service, VCN, its affiliates and the Service Partners may receive orcollect spatial data or data relating tothe vehicles, mobile objects, devices, locations, employees, contractors, suppliers, and/or customers of Customer, including but not limited to, vehicle identification number(VIN),GPS location,vehicle speed, acceleration,vehicle diagnostics information, names and |D numbers of employees, and addresses of customers ("Collected Data"); and may continue to receive and collect the Collected Data after the termination of the Software Service for purposes of facilitating Third Party Services that are requested by Customer. Customer agrees that during the Software Service, VCN, its affiliates and the Service Providers may (i) retain and use Collected Data for purposes of providing the Software Service,support services, installation,and conducting research and development;(ii)share Collected Data with VCN's affiliates,subject to an obligation of confidentiality;and(III)disclose Collected Data if required under applicable law, regulation orcourt order. 19. SERVICE PARTNERS 19.1. Nothing set forth in an Accepted Order Form or in this Agreement gives Customer any specific rights with respect to, nor does it create a contract between Customer and the Service Partners. The Service Partners have no legal, equitable or other liability ofany kind to Customer, and Customer hereby waives any and all claims ordemands therefor. Customer is not a third-party beneficiary of any agreement between or among VCN and the Service Partners, but the Service Partners are intended third party beneficiaries of this Agreement, and the protections set forth in this Agreement, including, among other things,the disclaimers of warranties, limitations of liability, and indemnification provisions, do apply to the Service Partners. ZU. EXPORT CONTROL Customer understands and agrees that: (a) the software used in connection with the Service is controlled by U.S. export control laws; (b) further transfer orexport ofthe software may besubject to U.S. export control laws or similar laws of other countries; (c) Customer will abide by such laws; and (d) Customer will not re-export or divert the software to a country or activity in contravention of U.S. law. Customer represents and warrant that Customer Exhibit C-| Pu�c ll ` Page 208 of 667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izom (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q is not, nor does Customer anticipate being, listed on any U.S. Government, United Nations orother country's prohibited parties list(including, but not limited to the U.S. Department of Commerce Denied Persons List or Entity List and the U.S.Treasury Department's Specially Designated Nationals,Terrorists or Narcotics Traffickers List). Z1. 8ENE0AL 21.1. No amendment, change, modification or waiver to any provision of any Accepted Order Form or this Agreement will be binding unless signed by an authorized representative of each party. 21.2. The provisions of an Accepted Order Form, including without limitation, this Agreement, and any action related thereto will be governed and interpreted under the laws of the State of Delaware without giving effect toany conflicts oflaw principles tothe contrary. 21.3. EACH PART OFTHIS AGREEMENT THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES OR GUARANTEES, OR EXCLUDES DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED |NSUCHMANNER. IF ANY REMEDY FAILSTO FULFILL ITS ESSENTIAL PURPOSE,THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 21.4. Except asotherwise expressly permitted inthis Agreement, each party must deliver all notices or other communications required or permitted under an Accepted Order Form or this Agreement to the other party, in the case of VCN to VCN, |nc, 9O6OScranton Road, San Diego, California 9Z1Z1, attention: NVVFContracts; e-mail: NWnCuotrxun@.),verizuozuo( and in the case of Customer at the address listed on the signature page of the Accepted Order Form, by courier, by certified or registered mail (postage prepaid and return receipt requested), electronically with proof of receipt,or by a national ly-recognized express mail service. Notice will be effective upon receipt or refusal of delivery. If delivered by certified or registered mail, any such notice will be considered to have been given five(5) business days after it was mailed,as evidenced by the postmark. If delivered by courier or express mail service, any such notice shall be considered to have been given on the delivery date reflected by the courier orexpress mail service receipt. Each party may change its address for receipt ofnotice bygiving notice ofsuch change tothe other party. 21.5. Customer may not assign,sublease, sublicense or in any way transfer or assign any of its rights and obligations under this Agreement without VCN's prior written consent, including by operation of law, change of control, merger orotherwise. 21.6. This Agreement,together with any Accepted Order Form and any documents or policies referred to herein or in an Accepted Order Form, constitutes the entire agreement between Customer and VCN with respect tothe Devices,the VCN Services, and the Software Services and shall prevail over all prior or contemporaneous oral and written communications or agreements between Customer and VCN. In the event of any conflict or inconsistency between the provisions of this Agreement, an Accepted Order Form, or any documents or policies referred to herein or in an Accepted Order Form, the parties agree that any such conflict or inconsistency shall be resolved first in favor of an Accepted Order Form, and next in favor of this Agreement. VCN will not be bound by, and specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement or an Accepted Order Form which is proffered by Customer in any purchase order, receipt,acceptance,confirmation,correspondence or otherwise, unless VCN specifically agrees inwriting. 21I Any waiver or failure to enforce any provision of this Agreement or an Accepted Order Form on one occasion will not be deemed a waiver of any such provision or any other provision on any other occasion. 21.8. In any arbitration, mediation or other legal action or proceeding to enforce any right or remedy under an Accepted Order Form orthis Agreement, the prevailing party will be entitled to recover, in addition to any other relief to which it may be entitled, its reasonable attorneys' fees and other costs incurred in that action or proceeding. 21.9. If any provision of an Accepted Order Form or this Agreement is held by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions of the Accepted Order Form and this Exhibit C-1, Pu�cl2 ` Page 209Of667 oouuSignEnvelope ID: sa0001ro-4ono-4roo-8s2o-37aasFonsoE1 VehzonConnect NVVFInc, nnem izon (fonnerly Networkflesd. Inc,) Connect SounoeweUContnaot#O22217-NVVF Exhibit C-1. Additional T&Cs. rev 1-15-2O1Q Agreement will not be affected and the unenforceable provision will be deemed modified such that it is enforceable and accomplishes the intention of the parties to the fullest extent possible. ZZ. ORDER OFPRECEDENCE In the event of a conflict between provisions, the following order of precedence applies: (1)these additional terms and conditions as included in Form C'1; (Z) VCN's proposal; (3) the RFP; and (4) documents attached to or incorporated by reference in the RFP. Exhibit C-1, Pu�cl� ` Page 210Of667 DocuSign Envelope ID: D053328C-D8C2-4C81-B83E-D60F09146EBF QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2,3,and 4 of this Sourcewell Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the Sourcewell Procurement Department and to approval by Sourcewell's Chief Procurement Officer. Submit request through email to your assigned Sourcewell Contract Administrator. Sourcewell will determine whether the request is 1)within the scope of the original RFP, and 2) in the best interests of Sourcewell and Sourcewell Members.Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change,and must include a complete restatement of pricing documentation in an appropriate format(preferably Microsoft° Excel°). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product/price change naming convention: (Vendor Name) (Sourcewell Contract#)(effective pricing date);for example, "Acme Widget Company#012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date"on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if,for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3%price increase because of a 20%increase in petroleum costs. Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases.The Vendor must include reasonable justification for the price increase and must not,for example,offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete"Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: Verizon Connect NWF Inc. Adding Products/Services Deleting Products/Services ❑ Price Increase SOURCEWELL CONTRACT 022217-NWF ❑ Price Decrease NUMBER: Sourcewell Pg, 1 Standard Form PnI`060618 Page 211 of 667 DocuSign Envelope ID: D053328C-D8C2-4C81-B83E-D60F09146EBF QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list,along with the percentage change for each item or category. (Attach a separate,detailed document if changing more than 10 items.) Refer to the Cover letter for a complete list of all changes requested as part of this change request. In summary the changes are as follows: 1. Revise Exhibit C-1 Terms and Conditions 2017 rev 11-22-17 in accordance with the attached Exhibit C-1,Sourcewell Additional T&C's, rev 8-14-2018,and 2. Make various updates to the contract pricelist which include changing product numbers and descriptions,deleting products,and adding products. Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1)'All pricing for paper products and services are increased 5%because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2)"The 6400 series floor polisher is being added to the product list as a new model,replacing the 5400 series. The 6400 series 3%increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the'Hot List"at a 20%discount from the previous pricing until the remaining inventory is liquidated." 1. The changes to our Price List include updating our name, product numbers and product descriptions. All pricing remains the same for existing products on contract. The"Features" listing for the VCT product has been deleted from the Price List as this information is proprietary and we do not wish to make this information (as it relates to our products) readily available to our competitors. 2. One hardware item, Buzzer&Cable Assembly is being deleted at this time. A replacement will be forthcoming at a later date. 3. Two service products(Driver ID and In Vehicle Alert)are being deleted from the VCT pricelist as these services are now included as part of the Govt. Fleet Enhanced software solution at no additional cost. 4. The products being added to the VCT pricelist are required to be listed to enable a customers to order a separate harness if the transfer of the original hardware to a different vehicle requires a different harness,or to enable a harness only warranty replacement. 5. As stated above,the Verizon Connect NWF Inc.Additional Terms and Conditions have been updated as the following names have been changed with no change to pricing: a. Networkfleet, Inc.changed to Verizon Connect NWF Inc.or VCN where applicable b.Telogis, Inc.changed o Verizon Connect Telo Inc.or VCT where applicable If adding products,state how these are within the scope of the original RFP. The products proposed to be added to the price list are comparable to many of the products currently listed under the VCN pricelist. The added products are harnesses and adapter kits that are required to connect a vehicle to a device sold under contract. While the products are comparable and perform the same function,the current harnesses and adapter kits only work with the VCN devices and the proposed harnesses and adapter kits only work with the VCT devices. If changing prices or adding products or services,state how the pricing is consistent with existing Sourcewell contract pricing. Sourcewell pg, 2 Standard Form I`rtI`060618 Page 212 of 667 DocuSign Envelope ID: D053328C-D8C2-4C81-B83E-D60F09146EBF QV c, Sourcewell SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM The pricing for the products proposed to be added are discounted at 12%to 53.33%off the VCT MSRP price. The prices of $10,$20,and$35 each are in line with the comparable products currently sold for the VCN (Networkfleet) product. See the attached proprietary price list for comparison of the MSRP and Sourcewell proposed price. Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the assigned Sourcewell Contract Administrator. ./Yes ❑ No Section 5.Signatures s 8-14-2018 Vendor Authorized Signature Date Leanna Long, Manager—Contract Management Print Name and Title of Authorized Signer DocuSigned by; N_ l �( , ,„�� 8/17/2018 I 7:50 AM CDT �r rayo5 a�z,�SSourcewell Director of Cooperative Contracts and Procurement/CPO Date Sourcewell pg, 3 Standard Form PnI`060618 Page 213 of 667 DocuSign Envelope ID: B253EF5D-60CD-47E9-9AFF-OEAF5EO6DE6A AMENDMENT #3 TO Sourcewell Contract # 022217-NWF This AMENDMENT("Amendment") to Contract#022217-NWF ("Agreement") is effective on the date hereof, by and between Sourcewell (formerly National Joint Powers Alliance° and/or NJPA) and Verizon Connect NWF Inc. (formerly Networkfleet, Inc.) (hereinafter referred to as "Vendor"). Sourcewell and Vendor will be collectively known hereinafter as "Parties". WHEREAS, Vendor was awarded a Sourcewell contract for Fleet Management and Related Technology Solutions effective June 1, 2017, until June 1, 2021, relating to the provision of services by Vendor to Sourcewell and its Members; WHEREAS, both Parties agree that certain terms within the Agreement shall be updated and amended; and WHEREAS, Vendor and Sourcewell desire to amend the Agreement only to the extent as hereunder provided. NOW,THEREFORE, in consideration of the mutual covenants and agreements described in this Amendment, the Parties hereby agree as follows: 1. This Amendment is effective immediately upon the final signature below. 2. Effective June 6, 2018, National Joint Powers Alliance°, also referred to as NJPA, changed its name to Sourcewell. Any reference to either National Joint Powers Alliance° or NJPA in the Agreement shall be stricken and replaced with Sourcewell. 3. Form A, General Business Information - Company Information & Financial Strength, Question 1 in the Vendor's Response to the above-mentioned Request for Proposal, the following portion of the response shall be amended as follows to reflect the change in the company's name: 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. RESPONSE: Full Legal Name: Verizon Connect NWF Inc. Mailing Address: 9868 Scranton Road, San Diego, CA 92121 Email Address: NWFContract@verizonconnect.com Tax Identification Number: 33-0872319 Telephone Number: (858) 450-3245 Page 214 of 667 DocuSign Envelope ID: B253EF5D-60CD-47E9-9AFF-OEAF5E06DE6A 4. Any reference to "Network Fleet, Inc." in their Request for Proposal Response and in Contract#022217-NWF, shall be stricken and replaced with "Verizon Connect NWF Inc." 5. Except as amended by this Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof. Sourcewell Verizon Connect NWF Inc. —DocuSigned by: Digitally signed byLeannaLong Date:2018.06.18 11:21:54-07'00' Au ''&ti4iE€S9ghature— Signed Authorized Signature—Signed By Jeremy Schwartz By Leanna Long Name—Printed Name—Printed Title Director of Operations&Procurement/CPO Title Manager, Contracts Date 6/18/2018 1 8:36 PM CDT Date 6/18/2018 APPROVED: Sourcewell FDOGUSignedby:""""'/l" 1,m A dff26 1Sf&ature— Signed By Chad Coauette Name—Printed Title Executive Director/CEO Date 6/18/2018 1 8:59 PM CDT Page 2 of 2 Page 215 of 667 �yasiuLH'e y� NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts&Compliance Manager and to approval by NJPA's Chief Procurement officer. Submit request through email to your assigned NJPA Contract Administrator: NJPA will determine whether the request is 1)within the scope of the original RFP,and 2) in the best interests of NJPA and.NJPA Members.Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format(preferably Microsoft" Excel'). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name)(NJPA Contract#)(effective pricing date);for example, "Acme Widget Company #012416-AWC eff.01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date"on the pricing documents. This requirement reduces confusion by providing a single,current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if,for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20%increase in petroleum costs. Price decreases; NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases.The Vendor must include reasonable justification for the price increase and must not,for example, offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete"Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: Networkfleet, Inc.. W1 Adding Products/Services Deleting Products/Services Price Increase NJPA CONTRACT NUMBER: 022217-NWF Price Decrease NjPA pg, 1. rt.-3nd.- �`, i Fruit PnP0711X16 Page 216 of 667 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 3. detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list,along with the percentage change for each item or category. (Attach a separate,detailed document if changing more than 10 items.) Please see attached MODIFICATION REQUEST DATED 11/22117 to add the indicated products to our contract. Provide a general statement and documentation explaining the reasons for these price and'/or product changes. EXAMPLES: 1)"All pricing for paper products and services are increased 5%because of increased raw material and transportation costs (see attached documentation of fuel and row materials increase)." 2) "The 6400 series floor polisher is being added to the product fist as a new model,replacing the 5400 series. The 6400 series 3%increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the"Not List"at a 20%discount from the previous pricing until the remaining inventory is liquidated." 1. Networkfieet, Inc. (Networkfleet or NWF), is a wholly owned subsidiary of Verizon Telematics. Telogis inc. (Telogis)was acquired by Verizon Communications (Verizon) in 2016. Recently, the Telogis business unit was combined with Networkfleet under the Verizon Telematics umbrella. As a result, we would like to add the Telogis platform and suite of products and services to our NJPA contract. 2. The addition of these products will also require an update to our Exhibit.C-1 Terms and Conditions which is. provided for your review as part of this modification request. If adding products,state how these are within the scope of the original RFP. The new products being added to this contract are very similar in form, fit, and function, to the products already listed on our contract. The proposed additions operate on the Telogis platform (as opposed to the Networkfleet platform) and offer additional functions and capabilities, and for some clients is a better fit for their vehicle tracking solution. Networkfleet will be offering the Telogis products and services on this contract as a reseller. If changing prices or adding products or services,state how the pricing is consistent with existing NJPA contract pricing. 1. The prices offered to NJPA for the Telogis Platform are being discounted between 13.34% and 71.56% from the standard Commercial Price List. Networkfleet will also be be offering further discounts for guaranteed quantity orders of 251-500 units, 501-1000, and 1001+for service, and for 500+ units for hardware. 2. The pricing offered for these additional products is in line and consistent with those currently provided by Networkfleet and other vendors offering similar products and services. The additions are slightly higher in price due to the fact that the platform is more robust and offers many features that the Networkfleet product cannot provide. al Page 217 of 667 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. Yes O No Section 5.Signatures Digitally signed by Leanne Long Reason:1 am approving this document 11/22/2017 Date.2017.11.22 10:4825-08'00' Vendor Authorized Signature Date Leanna Long Print Name and Title of Authorized Signer Jere44SRwartz, NJP irector of Cooperative Contracts and Procurement/CPO Date NJPA psl. 3 Standard Forn', Pr P 071116 Page 218 of 667 AMENDMENT#2 TO NJPA Contract#022217-NWIT This AMENDMENT("Amendment")to the Contract#022217-NWF("Agreement")is effective on the date hereof,by and between National Joint Powers Alliance(V("NJPA")and Networkfleet, Inc. ("Vendor"). WHEREAS,Vendor was awarded an NJPA Contract for Fleet Management and Related Technology Solutions effective June 1,2017,until June 1,2021,relating to the provision of services by Vendor to NJPA and its Members; WHEREAS,Vendor acquired Telogis and the only change to the terms and conditions is the addition of Tclogis. WHEREAS,both parties agree that certain terms within the contract shall be updated and amended; and WHEREAS,Vendor and NJPA desire to amend the Agreement only to the extent as hereunder provided. NOW,THEREFORE, in consideration of the mutual covenants and agreements described in this Amendment,the parties hereby agree as follows: i. Form C,Exceptions for Proposal,Terms,Conditions, and Solutions Request,in the Vendor's Response to the above-mentioned Request for Proposal,the exhibit C-1: Networkfteet Additional Terms and Conditions shall be stricken and replaced with an updated Exhibit C-1 entitled NJPA Terms and Conditions 2017 rev 11-22-17 attached hereto. 2. Except as amended by this Amendment,the.Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date hereof. National Joint Powers Alliances Networkfl5k4,Inc' X Authorized Signature—Signed Authorized Sign --S*_ d) -Y V By ' Lea Y-,n c,.-Lr:�v�c), Name—Printed Name—Printed Title Title NVA"u 1 1�/A Date Date Approved as for Form and Content I lo NJPA Legal Department Page 219 of 667 ��pµa1FNY,y4 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM " Section 1. Instructions for Vendor Requests for product or service changes,additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2,3,and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts&Compliance Manager and to approval by NJ PA's Chief Procurement Officer, Submit request through email to your assigned NJPA Contract Administrator. NJPA will determine whether the request is 1)within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor roust complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format(preferably Microsoft Excel'). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name)(NJPA Contract tt) (effective pricing date);for example, "Acme Widget Company #012416-AWC eff.01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date"on the pricing documents, This requirement reduces confusion by providing a single,current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if,for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3%price increase because of a 20%increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases,The Vendor must include reasonable justification for the price increase and must not,for example, offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases" Refer to the RFP for complete"Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: Networkfleet, Inc. Adding Products/Services Deleting Products/Services Price Increase NJPA CONTRACT NUMBER: 022217-NWF �•�� Price Decrease Page 220 of 667 ��cMr"mo NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 3. Detailed Explanation of Need for Changes Lost the products and/or services that are changing or being added or deleted from the previous contract price list,along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.) 1. The new items to be added to our price list are as follows: \ • PARTS111 USM 9-PIN D MOUNT HARNESS TYPE 2 PINS F-G, $35.00 each/purchase, $1.00/month for { � ti V Bundle �.v PARTS112 USM 9-PIN SQUARE HARNESS TYPE 2 PINS F-G, $35.00 each/purchase, $1.00/month for ` t" Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1)Ail pricing for paper products and services are increased 5%because of increased rave material and transportation costs (see attached documentation of fuel and raw materials increase)." 2)"The 6400 series floor polisher is being added to the product list as a new model,replacing the 5400 series. The 6400 series 3%increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the"Hot list"at a 20%discount from the previous pricing until the remaining inventory is liquidated." 1. Networkfleet's current harnesses in our price list are not compatible with the newer Peterbilt or Kenworth trucks. These trucks have a different pin-out than our existing harnesses, thus requiring a new type of harness be made available to our customers to fill this gap. PARTS111 & PARTS 112 are the new harnesses required in `�` order to allow the device to communicate properly with the vehicle. 2. The Bundle Monthly Service plan includes the device, harness, and monthly service bundled into one cost per month for a 36 month commitment. The requested price change for the 6100 Bundled Monthly Service plan is o' meant to correct the pricing previously submitted for this product. The non-bundled or"Core pricing„for the 6100 device is $13.86, and should not have been listed for the Bundled Price. The Bundled price should have been entered as $18.24. The proposed price of$20.00 for the 5500 Monthly bundle was simply entered incorrectly and should have been entered at$23. The $23 price is what is in our price list, and it is the same price used previously in our past NJPA contract. The price change is not meant to reflect a price increase to our product If adding products,state how these are within the scope of the original RI=P. Both new harnesses are similar to those harnesses that Networkfleet has under contract with NJPA.. Networkfleet wishes to make our products available to as many vehicles as possible. In making the new harnesses available, we are allowing our customers the opportunity to use our products on new vehicles that have been acquired by their company. If changing prices or adding products or services,state how the pricing is consistent with existing NJPA contract pricing. 1. The pricing of the new harnesses are in response to current competitive market conditions and are consistent with existing NJPA contact pricing. 2. The proposed contract pricing of Networkeet's 6100 & 5500 Bundled Services pricing is consistent with the pricing that we have offered in the past for the same bundled monthly service plan. We make this request for a price change to allow for the correct price to be listed for any prospective customers. Networkfleet submits a previous copy of our Price Sheet which reflects the correct pricing for these product offerings (see yellow highlights)for your review and consideration. Page 221 of 667 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator, Yes ONo Section S.Signatures � Digitally signed by Leanna Long 2xnj Reason:I am approving this document �6f 1'r �! Date.2017.10.05 15:24:66-47`00' Vendor Authorized Signature Date Leanna Long, Manager-Contract Management Print Name and Title of Authorized Signer Jerem Sc rtz, NJPA Director Cooperative Contracts and Procurement/CPO Data e �- — Page 222 of 667 1. The new items tobeadded toour price list are asfollows: ° PARTS11I USK8 9-PIN D MOUNT HARNESS TYPE 2 PINS F-G, $35.00each/munohase, SI.DO/monthfor Bundle & PARTS112 USM 8-P|0 SQUARE HARNESS TYPE 2 PINS F-G, $35.00each/purchase, $1.00/n)nnthfor Bundle Z. The following monthly service prices require price increase due totypos in the original Bundled Price sheet: ~ Item 61OOwas listed as$13.86, but should be$18.24 1. Netvvmrkf|eet'scurren1 harnesses in our price list are not compatible with the newer Peterbilt orKenworth trucks, These trucks have adifferent pin-out than our existing harnesses, thus requiring a new type of harness be made available to our customers to fill this gap. PARTS111 & PARTS112 are the new harnesses required in order to allow the device to communicate properly with the vehicle. 2. The Bundle Monthly Service plan includes the device, harness, and monthly service bundled into one cost per month for a36month commitment. The requested price change for the 61O0 Bundled Monthly Service plan is meant to correct the pricing previously submitted for this product. The non-bundled or"Core pricing"for the 610Udevice is$13.86, and should not have been listed for the Bundled Price. The Bundled price should have been entered as$18.J4. The proposed price of$20.00 for the 5500 Monthly bundle was simply entered incorrectly and should have been entered at$2S. The$23price iswhat isinour price list, and itisthe same price used previously inour past NUP4contract. The price change isnot meant toreflect aprice increase to our product offering but to simply provide the correct pricing for this product per our VZT/NVVFStandard Price Sheet. ° Item S500was listed as$2(\ however the actual price is$23.QO ' Page 223 of 667 etworkfleet, In verizonv' NJPA, NRFP:#�022217 NIA/c, F Revision 100617 PRICING PROVIDED HEREIN HAS BEEN REPLACED BY AMENDMENT This document and the information disclosed within,including the document structure and contents,are confidential and the proprietary property of Verizon Communications,and its affiliates and subsidiaries and,are protected by patent,copyright and other proprietary rights.Any disclosure to a third party in whole or in part in any manner is expressly prohibited without the prior written permission of Verizon Networkfeet,Inc. Form P, Page 1 Page 224 of 667 AMENDMENT TO NJPA Contract#022217-NWF This AMENDMENT("Amendment") to the Contract#0222217 NI~ ("Agreement") is effective on the date hereof, by and between National Joint Powers Alliance ("NJPA") and Networkfleet, Inc ("Vendor"). Vendor was awarded an NJPA Fleet Management and Related Technology Solutions effective June 1, 2017, until June 1, 2021, relating to the provision of services by Vendor to NJPA and its Members, and Bath parties agree that certain terms within the contract shall be updated and amended, and Vendor and NJPA desire to amend the Agreement only to the extent as hereunder provided. In consideration of the mutual covenants and agreements described in this Amendment, the parties hereby agree as follows: I. Form C, Exceptions for Proposal, Terms, Conditions, and Solutions Request, in the Vendor's Response to the above-mentioned Request for Proposal, the following portion of the response shall be stricken: References to Section 8.8/27 and 8.10127 request for Exception. 2. Form.C, Exceptions for Proposal,Terms, Conditions, and Solutions Request,in the Vendor's Response to the above-mentioned Request for Proposal, the exhibit C-1: Networkfleet Additional Terms and Conditions shall be stricken and replaced with an updated Exhibit C-1 entitled NJPA Terms and Conditions 2017 rev 7-7-17 attached hereto. 3.. Except as amended by this Amendment, the Agreement shall retrain in full force and effect. IN WITNESS WHEREOFthe parties have executed this Agreement as of the date hereof. Natio P s Allia Networkfleet, Inc. f x x Authorized Signature—Signed Authorized Sid, ature— Si d By Chad Coauette By Name Printed Name—Printed Title Executive Directox-/CEO Title Date _ Date.._ A proved as Form and Content If X14 N A gal Department Page 225 of 667 ELI V vet Form C EXCEPTIONS TO PROPOSAL,TERMS, CONDITIONS. AND SOLUTIONS REQUEST Company Name; Networktleet, Inc. -" Any exceptions to the terms, conditions,specifications,or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will snake reasonable efforts to accommodate the listed exceptions and mayclarify the exceptions in the appropriate section below. Tenn,Condition,or T11TPA Sectionlpa e Specification Exception ACCEPTS --aEad In deaa ufs t-sma-and-Ratent. Netavor-kAcet-pvaposes - the 8:-04- a -d-c-e{yrw ht-arat'inge-me-at ieide sai-f+calla-an-as-id-Pate-lu_and-cGpyidglat - a ia�flaaag€a�T€�rtt�r�vdaio-r�s-zs-€d�Gr}ecd--i�rtdae a t�a^ea�eaata gra�s�c-t sera€-e f-t4a�_.d�kd?._.v�a tla S,e�ct-i�+a-_I3._.Iaa�de�aaa��at�ra�fa��arra-telae Adchtiana"eims-aii d-C--ondat4on lasted above. 8.23/29 Material Suppliers and Sub- Networkfleet can provide NJPA with Contractors information pertaining to our suppliers; however,Networkfleet does not agree to provide the same information to NJPA members. See Exhibit C-1 for additional requested terms to be included in any resulting See Below contract. t Proposer's Signature: Date: NJPA's clarification on exceptions listed above: 8.23 - Acknowledged as a proposal. This response is best included in the relevant questions within Form P. Exhibit C-1 These items may be addressed on the purchase order level with individual customers Re iewed an"cIpproved Mug, Department This documenl and the inlormalion disclosed within,inducing the documenl sUu lure and conlents,are conlidenlial and the propiietaiy properly of Verizon Communications,and its afiliales and subsidiaries and,aie prolecled by parent,copyrighl and olher proprielary rights Any disclosure to a Ihitd party in whole or in part in any manner is expressly prohibiled without the prior millen permission of Verizon Plelwodcleel,Inc. Form C, Page 1 Page 226 of 667 etworkfleet, verizonv' NJPA NContract,#022217 Inc,NIA/F ExhR)it C-1, Additional 'T&Cs, re 7-7 17 Exhibit C-1: Networkfieet Additional Terms Conditions The terms updated on 7-7-17 have been replaced in their entirety by those dated 11-22-17 in Amendment 2. Form C, Page 2 Page 227 of 667 Contract Award RFP #022217 FORM D JPA , Formal Offering of Proposal y (To be completed only by the Proposer) FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS In compliance with the Request for Proposal (RFP) for FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions,terms and conditions,general and technical specifications,sales and service expectations,and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP,any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer fiarther understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: _N_CtwsarkflQ_Ql„jnc__._ Date: Fcbruary 22, 2017 Company Address: 9868 Scranton Road City:man Dido _._.._ __ State: CA — Zip: 92121 Contact Person: rchand Clark-I Twkins__.._._..__._ Title: _ Contract Analyst Authorized Signature: �` ;o Cherie Breidenhachh.s_._- —. (Name printed or typed) 37 Page 228 of 667 -,,,Rt4WAEN'r A% FORM E CONTRACT ACCEPTANCE AND AWARD PA Nafian.l 101m 7o Mlia—1 * * *Cty� 0 "?)k,PURC"Asl 0 so tjRcti (Top portion of this form will be completed by NJPA if the vendor is awarded a contract,The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract ft:022217-NWF Proposer's full legal name: Networkfteet, Inc. Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP,in any amendments to this RFP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be June 1,2017 and will expire on June 1, 2021 {no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract}. This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz OF C,0 0 PA?Nlj ;HAME 11R!h1IED OR TYPED) AND PROCPREP II , j L Chad Coauette NiPA EXEC UTNE DIRECTOR/= SiGJATjRE INAME PR NTED(-) TYPEDl Awarded on June 1, 2017 NJPA Contract # 022217-NWF Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name NETWORKREET, INC. Authorized Signatory's to Manager, Contract Management ,T# Leanna Long {NAME PP!ri r�-----)r-f{ yypr-r-)I Executed on Ju.ne.-120 17 NJPA Contract # 022217-NWF Page 229 of 667 Form F a.y PROPOSER ASSURANCE OF COMPLIANCE 'JPA Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned,authorized representative of the entity submitting the foregoing proposal (the"Proposer"),swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer,or any person representing the Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terns, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3, The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the !products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts,purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations,roles, and orders. T The Proposer understands that NJPA will reject IFP proposals that are marked "confidential" (or"nonpublic," etc.), either substantially or in their entirety. Lander Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 230 of 667 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms. and conditions specified above. Company Name: Networkfleet Inc. Address: 9$6$ Scranton Road City/State/Zip: San_Diego, CA 92121-- -- _._ Telephone Number: (858)450-3245 E-mail Address: cherie.breidenbach@verizon.com Authorized Signature: , Authorized Name(printed): the rie Brnidenhach Title: _. �.a... Sr. Contract Manager Date: 1 ebgi r 22,2017 Notarized See Attached. Subscribed and sworn to before me this day of 120 Notary Public in and for the County of --__--- --_. ____... State of — My commission expires: Signature: -_ 40 Page 231 of 667 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of 6" -0 1ell On AD ,4V 1-1 before me, M 9ZA)FM1AarV " I ns, HVf&rd?V1[l[:e, Dfite H ere Insert Name and Title of Ithe Office; personally appeared A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personof whose name(K is/ subscribed to the within instrument and acknowledged to me that helshe/*-_y executed the same in Uc,/her/the*authorized capacity0es), and that by 4iszher/the+r signatureo on the instrument the person(X, or the entity upon behalf of which the person)o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - MARCMAND Y.CLARK-HAWKINS I- - -- WITNESS my hand and official seal. Commission# 2143754 Z Notary Public-California Z Z San Diego County Signature SignatuVof Notary Public My Comm.Eggiras Mar 20,2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document rn I Title or Type of Document: HIM- costrAssawink 661%p" Document Date: k3�jrd"j AA c2o 14 Number of Pages: Signer(s) Other Than Named Above: — WA Capacity(ies) CI 'mad b I Si ner(s) '1 01 Signer's Name:LWUT14 Sjj�l Signer's Name: F1 Corporate Officer - Title(s): Corporate Officer - Title(s): 7 F1 Partner - �_l Limited I I General Partner - - Limited I-] General XIndividual I 'Attorney in Fact 1 Individual J Attorney in Fact I1 Trustee i Guardian or Conservator Trustee Guardian or Conservator L,J Other: Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www,NationalNotary.org - 1-800-SIS NOTARY(1-800-876-6827) Item #5907 Page 232 of 667 N N w O N w w w w w w Il rl 00 w O 00 Il m r1 N zT m m t.6 00 -4 t.6 rn ri ri 6 -4 ca m m m w w m � I:T o0 w O +� rl rl Ol m Lr) rl Lr) r-I Ol ul o ri 00 m I` rl rl N O (� rl (fl O o o o o o o o 0 0 0 (7 0 0 0 0 0 0 0 0 0 0 0 D (7 N N r1 O r� rl l0 l0 l0 rl +' N w w m rl rl m m N 00 N Qm m � m r-1 O Q .3 m of x c6 W -(n V)- V)- V). V/ -(n -(n -(n i/? -(n cr W a (6 0 0 0 0 0 0 0 0 0 0 O TzT N O zT N N N N N 0 00 00 ci r� 4 of g n i 1 ri r� m m N m N N w w I- m (0 ZT zT N N m N l0 T m w N ZF ('n cn c-I l0 N m l0 O i/? i/)- -(n O 41 G1 0 Q 7 .5 N cr WO I- W W 4- N N c-I 0 O c-I l0 O G1 E 3 Z a� a E w U 41 ro Q L N O E U Q 4- N a� C 0 a t Vf L 4- + co a.1 u CL GJ (6 O OO N 0N m 41Q O Q 0 i u N O U i ate+ a-+ Q N (6 L = s= fC _ Q > L U — N +- C cn N N +, O 0 U i- != C) a oC m 8.A. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Ordinance No. 20-011 - First Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). Proposed Ordinance No. 20-012- First Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. Explanation of Request: The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, both currently under commercial future land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infill Planned Development District. Even though the proposed future land use designation of SHDR does not match the CRA Community Redevelopment Plan's recommendation for the property, it is consistent with its intent. Both SHDR and Mixed Use Low (MXL), the category recommended by the Plan, have the same maximum residential density of 20 units per acre. Moreover, the MU-1 zoning district (which corresponds with the MXL classification) allows for residential-only projects. Also, the requested FLU category and the zoning district matches the respective designations of Coastal Bay development abutting the property's eastern and southern boundaries. On the west side, Kensington Place townhomes are under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. The proposed fee-simple townhome project to be supported by the subject request will contribute to the diversification of the City's housing stock. The great majority of units approved in the City in recent years are multifamily rental apartments. The MSPM (Major Site Plan Modification) application is being processed concurrently with this application for FLU amendment and rezoning (see corresponding staff report). Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. How will this affect city programs or services? No impact on programs or services Fiscal Impact: Increase in property tax revenue from the incoming project Alternatives: None recommended Page 234 of 667 Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Land Use Amendment for Madison on the Avenue D Ordinance Ordinance approving rezoning of Madison on the Avenue D Staff Report Staff Report D Location I\Aap Exhibit A. Location I\Aap D Location I\Aap EXHIBIT B1, Existing FLU D Location I\Aap EXHIBIT B2, Proposed FLU D Location I\Aap EXHIBIT 1. Current Zoning D Location I\Aap EXHIBIT C2, Proposed Zoning Page 235 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS MADISON ON THE 7 AVENUE AND DESCRIBED HEREIN, OWNED BY JAROD DOROS 8 & PURE START, LLC., CHANGING THE LAND USE 9 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO: 10 SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING 11 FOR CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 31 LOTS 11, 12, AND 13, ROBINSON ADDITION, ACCORDING TO 32 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 33 144, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 34 FLORIDA. 35 36 CONTAINING 0.667 ACRES OR 29,070 SQUARE FEET, MORE OR 37 LESS. S:\CA\0rdinances\P1anning\Land Use\Madison On The Avenue LUA-Ordinance.Docx Page 236 of 667 38 39 40 is amended from Local Retail Commercial (LRC) to Special High Density Residential 41 (SHDR). 42 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 43 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 44 Land Development Regulation Act. No party shall be vested of any right by virtue of the 45 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 46 including appeals, are exhausted. In the event that the effective date is established by state law 47 or special act, the provisions of state act shall control. 48 FIRST READING this day of 2020. 49 SECOND, FINAL READING and PASSAGE this day of , 2020. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 53 54 Mayor— Steven B. Grant 55 56 Vice Mayor— Ty Penserga 57 58 Commissioner—Justin Katz 59 60 Commissioner—Woodrow L. Hay 61 62 Commissioner—Christina L. Romelus 63 64 VOTE 65 ATTEST: 66 67 68 69 Crystal Gibson, MMC 70 City Clerk 71 72 73 (Corporate Seal) 74 S:\CA\0rdinances\P1anning\Land Use\Madison On The Avenue LUA-Ordinance.Docx Page 237 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 MADISON ON THE AVENUE FROM C-2 NEIGHBORHOOD 7 COMMERCIAL TO IPUD INFILL PLANNED UNIT 8 DEVELOPMENT; PROVIDING FOR CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from C-2 Neighborhood Commercial to IPUD Infill Planned 15 Unit Development; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-2 26 Neighborhood Commercial to IPUD INFILL PLANNED UNIT DEVELOPMENT. A location 27 map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 28 Description: 29 LOTS 11, 12, AND 13, ROBINSON ADDITION, ACCORDING TO 30 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 31 144, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 32 FLORIDA. 33 34 CONTAINING 0.667 ACRES OR 29,070 SQUARE FEET, MORE OR 35 LESS. 36 37 i S:\CA\Ordinances\Planning\Rezoning\Madison On The Avenue-Rezone-Ordinance.Docx Page 238 of 667 38 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 39 accordingly. 40 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 41 Section 5. Should any section or provision of this Ordinance or any portion thereof be 42 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 43 remainder of this Ordinance. 44 Section 6. This ordinance shall become effective immediately upon passage. 45 FIRST READING this day of 2020. 46 SECOND, FINAL READING and PASSAGE this day of , 2020. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor— Steven B. Grant 51 52 Vice Mayor— Ty Penserga 53 54 Commissioner—Justin Katz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner—Christina L. Romelus 59 60 VOTE 61 ATTEST: 62 63 64 65 Crystal Gibson, MMC 66 City Clerk 67 68 69 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Madison On The Avenue-Rezone-Ordinance.Docx Page 239 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: April 16, 2020 PROJECT: Madison on the Avenue LUAR 20-002 REQUEST: Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), and Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. PROJECT DESCRIPTION Property Owner/ Applicant Jarod Doros & Pure Start LLC/Jarod Doros of JWD Builders, Inc. Agent: Christi Tuttle /Bradley Miller AICP, Miller Land Planning, Inc. Location: 404 and 412 SE 23rd Avenue (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Special High Density Residential (SHDR) / IPUD Infill Planned Unit Development Acreage: 0.67 acre Proposed Use: 10 townhomes Page 240 of 667 Page 2 Madison on the Avenue LUAR 20-002 Adjacent Uses: North: Right-of-way for SE 23rd Avenue; farther north developed multi- family rental properties, classified Local Retail Commercial and zoned C-3, Neighborhood Commercial; South: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; East: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; and West: Developed Kensington Place PUD, classified Medium Density Residential and zoned IPUD, Infill Planned Unit Development. BACKGROUND The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in the 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infil Planned Development District. The MSPM (Major Site Plan Modification) application is being processed concurrently with the application for FLU amendment and rezoning (see the staff report). REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As noted above, the subject property is located within the CRA. The CRA Community 2 Page 241 of 667 Page 3 Madison on the Avenue LUAR 20-002 Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire area. The recommendations are consistent with the vision for economic revitalization embedded in the Plan, and with its projected needs for broad categories of land uses. Occasionally, a request for reclassification of the CRA-located property does not match the Plan's recommendation, but may not be contrary to its intent. Such is the case of the request under consideration. The Plan for the Federal Highway District South shows the FLU category recommended for the property to be Mixed Use Low (MXL). Not only is the MXL category's maximum residential density of 20 units the same as the maximum density allowed in the requested SHDR district, but the zoning regulations under each zoning district would allow residential-only projects. Finally, the applicant proposed ten (10) fee-simple townhomes; therefore, the project to be supported by the subject request will contribute to the diversification of the City's housing stock. The great majority of units approved in the City in recent years are multifamily rental apartments. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. For consistency with the CRA Redevelopment Plan, see response to criterion "a" above. (The Plan is, by reference, a part of he Comprehensive Plan). The proposed FLUM amendment and rezoning would be consistent with a number of objectives and policies of the Future Land Use and Housing Elements aimed at ensuring adequate housing of all types to households of all income levels. The overall goal of the Housing Element is "to provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Likewise, policies under Objective 1.11 of the Future Land Use commit the City to the active promotion of housing: Objective 1.11 The City shall promote the development of a variety of rental and owner- occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Moreover, a small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: 3 Page 242 of 667 Page 4 Madison on the Avenue LUAR 20-002 Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2 The City shall discourage urban sprawl by.- A. y.A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Consistency with Land Development Regulations (LDR) The master plan/site plan for the property and its consistency with the Land Development Regulations is being reviewed concurrently (see the corresponding staff report). c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLUM amendment and rezoning is consistent with the established land use pattern. The FLU category and the zoning district requested for the subject property matches the respective designations of Coastal Bay development abutting its eastern and southern boundary. On the west side, Kensington Place townhomes are under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. In 2019, the City passed Sustainable Development Standards ordinance, requiring all projects to incorporate specific required design features (i.e., white roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. See the corresponding master plan/site plan staff report for details. 4 Page 243 of 667 Page 5 Madison on the Avenue LUAR 20-002 The site offers access to public transportation (Palm Tran bus routes along Seacrest Blvd and Federal Highway). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD application submitted by the applicant found negative impact on the public school system. In order to address the school capacity deficiency generated by this proposed development at the District Elementary school level, the property owner must contribute $3,072 to the School District of Palm Beach County prior to the issuance of first building permit. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criteria "a" and "c." The proposed FLUM amendment and rezoning is consistent with the established land use pattern. The FLU category and the zoning district requested for the subject property matches the respective designations of Coastal Bay development abutting its eastern and southern boundary. On the west side, Kensington Place development is under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. Both developments are fee-simple townhome communities, compatible with the project to be supported by the subject requests. 5 Page 244 of 667 Page 6 Madison on the Avenue LUAR 20-002 The neighborhood will benefit from improvement of the subject property, likely to have a positive effect on the surrounding property values. The City will benefit from addition of for-sale units to the housing stock, with its fast growing number of rental apartments. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. As stated in response to criterion 'T', there is also a benefit of adding for- sale units to the City's housing stock, with its fast growing number of rental apartments. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request applies to a residentially-designated property and therefore would not reduce the amount of land available for commercial/industrial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. 6 Page 245 of 667 Page 7 Madison on the Avenue LUAR 20-002 The City has few vacant parcels left as it is nearing buildout. Moreover, the request is consistent with the intent of the CRA Redevelopment Plan and supports improvement to the neighborhood with a project that will meet the Plan's attendant strict design standards. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\LUAR 20-002\LUAR 20-002 Madison on the Avenue Staff Report 2- 24-2019.docx 7 Page 246 of 667 Exhibit A LOCATION MAP ' t E 1 5 t3h }li` z � 1 S I u* v c I j i dr t t ttt\r £141 t�}A� Page 247 of 667 Exhibit B1 MADISON ON THE AVENUE: EXISTING FLU , / r DR W f t I S ( } , g f � t f r l st [ QQQ k 44 F. i 1 1 r k $ _ � t f 4r f . � fs } r,r � , r . } r tk �r f , � r { r 1 r .1111111111111111111 � r � , f 1 r f q \ r f Y � Y r f , t 1 t rr f I t F . A \v1�'� MDR s � r LEGEND � } �- MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL(SHDR), 20 D.U./Acre j€ LOCAL RETAIL COMMERCIAL (LRC) ������� Page 248 of 667 Exhibit B2 MADISON ON THE AVENUE: PROPOSED FLU , / r DR W r, ( I S f t f � t f r l st [ QQQ k 44 F. i 1 1 , k $ _ � t f 4r f . } , r . } r , k s �r } , � r { r } 1 r .1111111111111111111 � r � , f 1 , MD � S s � r LEGEND � } �- MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre }i?Sid SPECIAL HIGH DENSITY RESIDENTIAL(SHDR), 20 D.U./Acre �if �f 33#{}, LOCAL RETAIL COMMERCIAL (LRC) ������� Page 249 of 667 Exhibit C1 MADISON ON THE AVENUE: EXISTING ZONING a Y If �1 2t£1i} tri,ll}li ltit nS" ii£ {I it £ i Itttr i I Irl li �££ £ li li ra sr 3 £-1 iri £� 11 riri tr lel i £ s S `� yy g 1, � ,�l slli ijy+£ fi li ri l ( 1s }t li t}i t1-1 S ��It ilii tai{ i � �� ti! }fc Ili ,i,,,i Irl£rill£ i� } tri,A1 {£ riI -ti � i i ii � { ttr ill;tfil ilr i 3 t V -2 }� ! fr I S,r 7 s r i it r£I t£ r t(U{ Ulirji )i Int 1 1 ilia s r a(jl l!i i ryvrr i t r rf 4. ,�� fit,., (tl ���i' fr?r£`t ( i{ i iltll�l ii�£rll � 1 til l�i{ lr£f�;t {�li �i £�;i i{i �if Irt i{llit � tl:rrr Iri ilrr i[r ts££; SE� 23rd�Ave { sr }US k1 U'dA1�ti i��£r��� ill' 11llt 1�t � 7ltl}i'r ly�f(x�lrr 111ritr i� till£V 1 ! � sl f t ti ii i t r i asi 11 l i t 7r 1 SITE w: itt iilrt } t " Al Ir i � iri it 11dd I �� I itti-:art it i li i i 1 i!})j r 1 ,. -2 ul Ar 1�£ 1r 1i4 til kt (itl}rS}ri �i i 'ill Z �1, ���� r, ' 1 tl ( u itl{ 1 IS s 11 1rri lail rfr 1 �- �' LEGEND Sr a i t4�i r � ii {fr lrt i t it c ( i s F R3 Multi Family, 11 du/ac t: iiiJ i IViI altr(i £s ti ill tlrs(S {Bili tVi lfi t� 'iii ¢ U IPUD Infill Planned Unit Development l! it (� fir.rl Illi t� 111 i'1) 4! >iiil�J�7 1 ri(ii 4U�\t s11 i a�l }� u ipl i 7r it iiiilrriltt t1 rlttliiil iy 7`(11r�1 r Iii rllitj}jri l lf}li iJt 7 ii { � t i$}_ jr'i 5 its 1 rj �,r �j ltf S�7 Ir Iii �)13 ri I l� C2 Neighborhood Commercial 9 tis c 11 1 t ill lsllr 'i 1 Siill�)f i Ir lis li 41i li t �-�i @ ik r�lljllil�il_ii t \ £ 1� ilii {1 1 ti t{lithtii '1��1 i -•`t a� } rirr C3 Community Commercial r t� \11 trill£ ltl£( ll rlihi lilt 4S t rt Sr£ f t it rR§ i}, 1,g,1,1,0irltilr,_ ,Il'Iryh Ili}' air, ifi 1 Ili hltli`ili 11'f ir' �,s {s, s ri iri � �,�#•' Ul r lil iila�(i�f III 'r is 1�7 S i ,I 11'{i li {ill t flttll i Page 250 of 667 Exhibit C2 MADISON ON THE AVENUE: PROPOSED ZONING t � ff s s r l tlft" I fs t s i tti > 1!f l tl tsi 11t i f f i i tis f I�l�. tltrl l 1 J`t rtt� f t-` E �� 4...._� gf11 1 � it ""JAR - I) r,f1��l ttt � tjt,Iii�i ti tjr� 7 f St y�. 7 7�u �llf 1N �t� t � flti l� :r{t( i 1� i 'l( to j�tU ffl. jit t if:r 7 tiff yfll7ltfl Sft le tr liii� ff lllt tri � sjX , ■2 (,?11I 4t ttt.t uii7if i4 rltits,r hi 11, b1� fA t}liltt71 f�f'l ll�(�l}(i 1��, ti ��} 11 ?t i'.. E 23rc1AVe '' f v ��{ Sfjht �l3 ti ltlfl fi 1 tS jty �l}llftt lq f x 1�� �f: 1 f,Si4�l 4Jf 0. t i. P 41 4�ti I ill ilr i, t� r "��ll�lil ll��tta 15�11�i 7U t��tlidtll�itljttl��l �'�14t f'ifit� ISS i s 4 i (l; vl �ttr loll r i{ u,' ltytl� t t Ii ljhf�{'� t�j lit il�ti7�It;ti ft l� Vliif! It�7Slt� ,,I�1, tltt f.i\i }�7 }� ,. �PU� i �4 it t�jn lt�f f Slt�rrlt:�t7 sl ft t�i it�t�7ttt � i �S�` � d} 1 17-5 (Iitti'lf�ir�till r(�fl}-.�titISlA`,r tt tVt`;1 s, ���j }iI��t1�s � 77 ,1 Y= LEGEND vM" {fftii kl }�}l��tt1 f f� i 7¢f�l I5� tl Fyi ��t 7i jli rte s ti l f f, R3 Multi Family, 11 du/ac F Utt } tt i a ( f ' f i s 1 litsl (rttt isl z f r l{ IPUD Infill Planned Unit Development i, s lyilll� tfti t,i tl�- i{t{ ifti ll (tit{ s� i' r.. C2 Neighborhood Commercial �t 'f2 If lyf ilrt t ll li�ii a tl �77f i(ti ltt�-� i t -_� C3 Community Commercial �� }Slit 1�-1t�1 7t t f i f fS� tltltf t lilt � � � (D - �.�t}til Page 251 of 667 8.B. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two- story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. Applicant: Jarod Doros, JWD Builders. Explanation of Request: Bradley Miller, Miller Land Planning, Inc., on behalf of property owner Jarod Doros, is requesting approval to construct a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property, located at 404-412 SE 23rd Avenue. The subject 0.67-acre property consists of two (2) lots and is located in the Federal Highway District(South) of the Community Redevelopment Area (CRA), approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Relative to traffic, the project is estimated to generate 31 additional vehicle trips over the current uses of the properties, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. The proposed building elevations depict the top of parapet height of 26'-8", comparable with the 30 foot maximum height allowed within the City's single-family zoning districts, and compatible with the surrounding properties. The Planning and Development Board recommended approval of the item at the April 28, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional dwelling units result in increased tax revenue. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Page 252 of 667 Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A- Location Map D Drawings Exhibit B - Project Plans D Conditions of Approval Exhibit C - Conditions of Approval D Development Order Development Order Page 253 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-039 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, Principal Planner DATE: April 16, 2020 PROJECT: Madison on the Avenue MSPM 20-004 REQUEST: Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. PROJECT DESCRIPTION Property Owner/ Applicant: Jarod Doros & Pure Start LLC/Jarod Doros of JWD Builders, Inc. Agent: Christi Tuttle / Bradley Miller AICP, Miller Land Planning, Inc. Location: 404 and 412 SE 23rd Avenue (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Special High Density Residential (SHDR) / IPUD Infill Planned Unit Development Acreage: 0.67 acre Proposed Use: 10 townhomes Page 254 of 667 Page 2 Madison on the Avenue MSPM 20-004 Adjacent Uses: North: Right-of-way for SE 23rd Avenue; farther north developed multi- family rental properties, classified Local Retail Commercial and zoned C-3, Neighborhood Commercial; South: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; East: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; and West: Developed Kensington Place PUD, classified Medium Density Residential and zoned IPUD, Infill Planned Unit Development. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infil Planned Unit Development District. This MSPM (Major Site Plan Modification) application is being processed concurrently with the application for Future Land Use Map (FLUM) amendment and rezoning (see corresponding staff report). 2 Page 255 of 667 Page 3 Madison on the Avenue MSPM 20-004 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the net new daily trips for the project is estimated to be 31 vehicle trips, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. School: The School District of Palm Beach County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will not have a significant impact on school capacity. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of ingress/egress is proposed for the project along SE 23rd Avenue. This two-way driveway is located at the west side of the property, and serves as the only point of access to the ten (10) townhome development. Sidewalks are provided along the right-of-way at a minimum of five (5) feet in width. The sidewalk is proposed to connect to walkways which lead to the front doors and porches of the dwelling units. The sidewalk is also proposed to be lined with landscaping. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for two or more bedroom units. The project proposes ten, three-bedroom units, which would require twenty (20) parking 3 Page 256 of 667 Page 4 Madison on the Avenue MSPM 20-004 spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds two (2) parking spaces to the total of twenty-two (22) required parking spaces. The site plan proposes 40 parking spaces, or an excess of eighteen (18) spaces. Each unit has a two-car garage and a two car driveway. Landscaping: The Plant List (Sheet L-2) indicates that the project would add a total of 42 trees and palm trees, 431 accent and shrub specimens, and 1,334 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Silver Buttonwood and East Palatka Holly. Palm species would include Double Christmas Palms, Triple Christmas Palms and Fishtail Palms. The applicant has chosen Coontie, Pentas and Lantana plants as butterfly attractors. Projects proposed in the Federal Highway District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose being to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees, paver sidewalks, and front porches along the building and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The site area of the project is 0.67 acre. The ten (10) dwelling units at within two buildings, one building containing five (5) units is located along SW 23rd Avenue and the second five (5) unit building parallel to, and south of the first building. The building along SW 23rd Avenue has front porches facing the street and the private garages internal to the site. The second building has both the front doors and the private garages internal to the site. The ten residential units are three-bedroom units. Each unit also has a balcony or terrace that either faces the street or internal to the site. Building Height: The maximum building height allowed in the IPUD zoning district is 45 feet. The proposed building elevations depict the top of parapet height of 26-8", comparable with the 30 foot maximum height 4 Page 257 of 667 Page 5 Madison on the Avenue MSPM 20-004 allowed within the City's single-family zoning districts. Setbacks: The IPUD zoning district has flexible setback requirements. However, development within the Federal Highway District have a zero (0) foot build-to line. The building setbacks may be increased up to 15 feet, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along SW 23rd Avenue, the proposed building setback along the length of the building is approximately 10.5 feet. Along the eastern property line, the building along SW 23rd Avenue has a setback of 10 feet and building further south has a setback of 6.5 feet. Along the west property line, the building along SW 23rd Avenue / Golf Road has a setback of 36.8 feet while the building further south has a setback of 30.8 feet. The southerly building also has a rear setback of ten feet which includes a five foot wide landscape buffer. Amenities: As noted above, the building is setback from the western property line. Within this setback the project proposes a communal recreational space. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Design: The proposed building has a contemporary design, featuring a smooth stucco finish, a flat roof with varying roof line, aluminum railing balconies and louvered awnings, scored banding, porte cocheres, modulation of the facades, and a grey tone color palette. Lighting: The photometric plan (Sheet E-1) includes six (6) concrete poles with height of 15 feet and two (2) bollards with a height of 42 inches. The facade elevations also depict 10 wall-mounted fixtures placed at each unit entry. The project is required to use `warm white' lighting in all fixtures. See Exhibit "C" — Conditions of Approval. The on-site illumination would not "spill over" onto adjacent properties and rights- of-way as required by code. There are no spot readings in excess of the maximum allowed 5.9 foot-candles. Signage: A site sign is proposed along SW 23rd Avenue, setback a minimum of ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). 5 Page 258 of 667 Page 6 Madison on the Avenue MSPM 20-004 Sustainability: Multifamily residential development with less than 20 units must achieve a minimum of 15 sustainabilty points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy All air conditioners are Energy Star qualified, minimum SEER 16 2 At least 75% of hot water on premises is heated via Energy Star Certified water heaters or solar water heaters 2 Use roofing material that has a SRI > 5 for low sloped roofs for a minimum of 75% of the roof surface 2 Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Where provisions of shade structures are not required per code: Structures such as awnings, screens, louvers or other architectural devices shall cover a minimum of 50% of glazed openings 4 All appliances within the units will be 100% Energy Star 2 Transportation Provide four (4) over the required number of electric car charging stations 4 Total Points 18 Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. RECOMMENDATION Staff has reviewed this request for major site plan modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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Also, provide evidence that Palm Beach County will accept discharge from this site. 2. Provide documentation indicating that the sidewalk along SE 23rd X Avenue was dedicated to Palm Beach County, at time of permit issuance. FIRE Comments: 3. Revise note that states fire sprinkler are required per NFPA X 1:18.2.3.4.4. This code is for dead-end fire department access. The development proposes to install fire sprinklers as an alternative to the code with approval of the Fire Marshal. 4. Provide note on the plan which references the standards used to X design and install the fire sprinkler system. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 5. Park impact fees will be required at time of building permit. X Page 273 of 667 Madison on the Avenue (MSPM 20-004) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. Approval of this project is contingent upon the approval of the X accompanying request for land use amendment / rezoning (LUAR 20-002). 7. On Building 2, revise the two end units to eliminate the interior X hallway on the first floor and expand the outdoor entry/ patio area. 8. At time of permitting, revise photometrics plans to clearly Indicate X light fixtures will provide lighting in the warm white range of 2000 to 3000k. 9. At time of permitting, revise photometrics plans to clearly Indicate X proposed wall mounted light fixtures. 10. At time of sign permit, provide details of proposed monument sign X and ensure a setback of a minimum of ten feet from property line. 11. The west elevation on the 1st Floor of Building 1 consists of a lot of X blank wall. The portion of that facade closest to SW 23rd Avenue will be visible from the street. Provide vertical offsets or scoring keeping the same rhythm as the front of the buildings 12. Any downspouts shall be enclosed within architectural features and X tied into the on-site storm drainage system. Please place a note on the Master Plan and on the building elevation sheets. 13. Please correct the labeling of Sheet A-4.0 from Elevations Building 2 X to "Elevations Building 1". 14. Please correct the labeling of the tallest parapet on sheet A 4.0 to X indicate 26'8". 15. Equipment placed on the walls of the buildings shall be painted to X match the building color. Please place a note on the elevations indicating this requirement. 16. Please provide landscape cross-section drawings for the east, west X and south landscape buffers to demonstrate the extent of buffering. The drawings may include the existing landscape material on the adjacent parcels, in order to provide a complete assessment. 17. If proposed as a for sale product, HOA/COA documents will need to X be submitted and approved prior to the issuance of any permits for Page 274 of 667 Madison on the Avenue (MSPM 20-004) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT building construction. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Provide additional landscaping along the west facade of the north X building. 19. Enhance landscaping on north property line to allow for additional X screening. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\MSPM 20-004\_StaffReport\Exhibit C-MSPM 20-004 COA.doc Page 275 of 667 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Madison on the Avenue (MSPM 20-004) APPLICANT: Jarod Doros, JWD Builders APPLICANT'S ADDRESS: 404 SE 231 Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2020 APPROVAL SOUGHT: Request for approval of a Major Site Plan Modification for the construction of a multi-family development consisting ten (10) two (2)-story townhomes, parking, and related site improvements. LOCATION OF PROPERTY: 404—412 SE 231d Avenue, Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\MSPM 20-004\_StaffReport\MSPM 20-004 DO.doc Page 276 of 667 8.C. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Ordinance No. 20-013- First Reading -Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Proposed Ordinance No. 20-014- First Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. Explanation of Request: The 3.87- acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, but, due to the economic downturn, the project was abandoned. Since then, the owners found it challenging to find a physically and economically feasible use for the property, given its layout and the steadily rising land and construction prices. To increase development feasibility of the site, the applicant is requesting that the future land use of the property be amended to High Density Residential (HDR), and its zoning changed to Infill Planned Unit Development (I PUD), the district recently approved to be paired with the HDR category. The HDR/IPUD future land use and zoning allows a maximum density of 15 dwelling units per acre. The subject property is currently under the Medium Density Residential (MEDR) classification and R-3 zoning, with maximum density capped at 11 dwelling units per acre. Its neighbor to the south, the Pine Point Community, carries the same designations. The proposed I PUD district is a residential-only, multi-family zoning district, as is R-3. Arguably, the difference between 11 and 15 units per acre can be considered of no major significance in terms of potential negative impacts, and the project is designed to minimize such impacts (see corresponding staff report). Clearly, no incompatibility issues would arise north (the cemetary) and west (interstate 95) of the property, and the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. The proposed master plan/site plan for the property is being processed concurrently. The Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. How will this affect city programs or services? No significant impact on City programs or services Fiscal Impact: Increase in future property tax revenues Page 277 of 667 Alternatives: No alternatives recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving I\Airaflor Land Use D Ordinance Ordinance approving I\Airaflor rezoning D Staff Report Staff Report D Location I\Aap Exhibit A. Location I\Aap D Exhibit Exhibit E1. Existing FLU D Exhibit EXHIBIT B2, Proposed FLU D Exhibit EXHIBIT 1. Current Zoning D Exhibit EXHIBIT C2, Proposed Zoning Page 278 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS MIRAFLOR APARTMENTS 7 AND DESCRIBED HEREIN, OWNED BY SEACREST 8 PROPERTIES, LLC., CHANGING THE LAND USE DESIGNATION 9 FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO: HIGH 10 DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, 11 SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 31 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND 32 KNOWN AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF 33 LINCOLN MEMORIAL GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, 34 AND FURTHER DESCRIBED AS FOLLOWS: 35 36 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL 37 OF LAND AS CONVEYED TO PALM BEACH COUNTY CEMETERY 38 CORPORATION IN VOLUME 4784, PAGE 360, SAID POINT ALSO BEING ON THE S:ACA\Ordinances\Planning\Land UseAMiraflor Apartments LUA-Ordinance.Docx Page 279 of 667 39 WEST RIGHT OF WAY LINE OF SEACREST BOULEVARD, A VARIABLE WIDTH 40 PUBLIC RIGHT OF WAY; 41 42 THENCE,NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 43 THENCE,NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 44 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 45 THENCE,NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 46 THENCE, SOUTH 87 DEG. 30'46"EAST, 148.72 FEET TO A POINT; 47 THENCE,NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 48 THENCE, SOUTH 87 DEG. 30'46" EAST, 326.39 FEET TO A POINT; 49 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 50 THENCE, SOUTH 87 DEG. 30'46" EAST, 33.81 FEET TO A POINT; 51 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 52 THENCE, SOUTH 87 DEG. 30'46" EAST, 81.83 FEET TO A POINT; 53 THENCE,NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 54 THENCE, SOUTH 87 DEG. 30'46 EAST, 92.00 FEET TO A POINT ON THE WEST 55 RIGHT OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" 56 WEST, 161.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.87 57 ACRES (168,650 SQ. FT.) OF LAND. 58 59 60 is amended from Medium Density Residential (MDR)to: High Density Residential (HDR). 61 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 62 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 63 Land Development Regulation Act. No party shall be vested of any right by virtue of the 64 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 65 including appeals, are exhausted. In the event that the effective date is established by state law 66 or special act, the provisions of state act shall control. 67 FIRST READING this day of 2020. 68 S:ACA\Ordinances\Planning\Land UseAMiraflor Apartments LUA-Ordinance.Docx Page 280 of 667 69 SECOND, FINAL READING and PASSAGE this day of , 2020. 70 CITY OF BOYNTON BEACH, FLORIDA 71 YES NO 72 73 74 Mayor— Steven B. Grant 75 76 Vice Mayor— Ty Penserga 77 78 Commissioner—Justin Katz 79 80 Commissioner—Woodrow L. Hay 81 82 Commissioner—Christina L. Romelus 83 84 VOTE 85 ATTEST: 86 87 88 89 Crystal Gibson, MMC 90 City Clerk 91 92 93 (Corporate Seal) 94 S:ACA\ordinances\Planning\Land UseAMiraflor Apartments LUA-Ordinance.Docx Page 281 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 MIRAFLOR APARTMENTS FROM R-3 MULTI-FAMILY 7 RESIDENTIAL TO IPUD INFILL PLANNED UNIT 8 DEVELOPMENT; PROVIDING FOR CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from R-3 Multi-Family Residential to IPUD Infill Planned 15 Unit Development; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from R-3 26 Multi-Family Residential to IPUD INFILL PLANNED UNIT DEVELOPMENT. A location 27 map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 28 Description: 29 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF 30 FLORIDA, AND KNOWN AS BEING A PART OF THE REPLAT OF PART 31 OF LINCOLN OF LINCOLN MEMORIAL GARDENS AS RECORDED IN 32 PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS FOLLOWS: 33 34 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A 35 PARCEL OF LAND AS CONVEYED TO PALM BEACH COUNTY 36 CEMETERY CORPORATION IN VOLUME 4784, PAGE 360, SAID POINT 37 ALSO BEING ON THE WEST RIGHT OF WAY LINE OF SEACREST 38 BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY; I S:\CA\Ordinances\Planning\Rezoning\Miraflor Apartments-Rezone-Ordinance.Docx Page 282 of 667 39 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 40 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 41 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 42 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 43 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 44 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 45 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 46 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 47 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT; 48 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 49 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 50 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 51 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE 52 WEST RIGHT OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 53 02 DEG. 29' 14" WEST, 161.27 FEET TO THE POINT OF BEGINNING AND 54 CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF LAND. 55 56 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 57 accordingly. 58 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 59 Section 5. Should any section or provision of this Ordinance or any portion thereof be 60 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 61 remainder of this Ordinance. 62 Section 6. This ordinance shall become effective immediately upon passage. 63 FIRST READING this day of 2020. 64 65 2 S:\CA\Ordinances\Planning\Rezoning\Miraflor Apartments-Rezone-Ordinance.Docx Page 283 of 667 66 SECOND, FINAL READING and PASSAGE this day of , 2020. 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 70 Mayor— Steven B. Grant 71 72 Vice Mayor— Ty Penserga 73 74 Commissioner—Justin Katz 75 76 Commissioner—Woodrow L. Hay 77 78 Commissioner—Christina L. Romelus 79 80 VOTE 81 ATTEST: 82 83 84 85 Crystal Gibson, MMC 86 City Clerk 87 88 89 (Corporate Seal) 3 S:\CA\Ordinances\Planning\Rezoning\Miraflor Apartments-Rezone-Ordinance.Docx Page 284 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-008 STAFF REPORT To: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: March 23, 2020 PROJECT: Miraflor Apartments LUAR 19-005 REQUEST: Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR), and rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. PROJECT DESCRIPTION Property Owner/Applicant Randall K. Rush, Managing Member, Seacrest Properties, LLC Agent: Christi Tuttle/ Bradley Miller, ACIP/ Miller Land Planning Inc. Location: West side of North Seacrest Boulevard, immediately south of Palm Beach Memorial Park cemetery (see Location Map - Exhibit "A"). Parcel Size: 3.87 acres (168,650 square feet) Existing Land Use: Medium Density Residential (MDR) Existing Zoning: R-3 Multi-Family Residential Proposed Land Use: High Density Residential (HDR, 15 dweeling units per acre) Proposed Zoning: Infill Planned Unit Development (IPUD) Page 285 of 667 Page 2 LUAR 19-005 Miraflor Apartments Proposed Use: 58 multifamily units Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South: Townhomes (Pine Point Villas Condo) classified Medium Density Residential (MDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Low Density Residential (LDR 7.5 du/ac) and zoned Single-Family Residential (R-1); farther to the east / northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi-family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). BACKGROUND The 3.87 acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, after its annexation to the City. However, as the approval coincided with the onset of "Great Recession," the project was never built. Since then, the owners found it challenging to find a physically and economically feasible use for the property, given its layout and the steadily rising land and construction prices. Two actions undertaken by the City have increased the development potential of the property. The proposed High Density Residential (HDR) future land use is the "new" HDR established following the recommendations of the 2016 CRA Community Redevelopment Plan. It allows for a maximum 15 units per acre, a mid-point density between 11 units per acre of the Medium Density Residential (current FLU classification of the parcel) and 20 units per acre of the Special High Density Residential FLU. The latter density would not be appropriate for the subject property given the adjacent development patterns. The City is also proposing an amendment to the Land Page 286 of 667 Page 3 LUAR 19-005 Miraflor Apartments Development Regulations, pairing the Infill Planned Unit Development (IPUD) zoning designation with the HDR future land use classification. The applicant is requesting that the future land use of the property be amended to High Density Residential, and its zoning changed to IPUD. The proposed master plan/site plan for the property is being processed concurrently. Review Based on Criteria The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. There is no redevelopment plan for the area, but the proposed FLUM amendment and rezoning would be consistent with objectives and policies of the Future Land Use and Housing Elements of the Comprehensive Plan aimed at ensuring adequate housing provision to households of all income levels. The overall goal of the Housing Element is "to provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Likewise, policies under Objective 1.11 of the Future Land Use commit the City to the active promotion of housing attainable to all residents: Objective 1.11 The City shall promote the development of a variety of rental and owner-occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Page 287 of 667 Page 4 LUAR 19-005 Miraflor Apartments Moreover, the small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2 The City shall discourage urban sprawl by.- A. y.A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. The master plan/site plan for the property and its consistency with the Land Development Regulations is being reviewed concurrently (see the corresponding staff report). c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. Arguably, this request, if approved, would not create an isolated zoning district unrelated and incompatible with adjacent and nearby districts. The IPUD district was created as an infill district to suit development opportunities similar to one presented by the property under consideration. It is a residential-only, multi-family zoning district, as is the R-3 designation of the Pine Point community directly south of the property. No incompatibility issues would arise north (the cemetary) and west (interstate 95) of the property, and the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. Finally, the project would be designed to minimize any negative impacts on the Pine Point community. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. Page 288 of 667 Page 5 LUAR 19-005 Miraflor Apartments In 2019, the City passed Sustainable Development Standards ordinance, requiring all projects to incorporate specific required design features (i.e., white roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. See the corresponding master plan/site plan staff report for details. The site offers access to public transportation (Palm Tran bus Rt. 70 on Seacrest Blvd.). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD letter submitted by the applicant concluded that there will be no negative impacts on the public school system. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criteria "a", "b," "c," and the narrative in the Background section of this report. The proposed reclassification and rezoning in support of the multifamily residential project is reasonably compatible with the current (and future) use of the surrounding properties. The difference between 11 and 15 units per acre (maximum density of the property's current R-3 zoning versus maximum density allowed in the Page 289 of 667 Page 6 LUAR 19-005 Miraflor Apartments requested HDR/IPUD future land use and zoning) can arguably be considered of no major significance in terms of potential negative impacts. As already stated in response to criterion "c," the project would be designed to minimize such impacts on the Pine Point community. Importantly, the project supported by the proposed FLUM amendment and rezoning will contribute to alleviation of shortage of mid-priced rental housing. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. There is also a benefit of contributing to the stock of moderately-priced rental housing, important for attracting new businesses to the City. h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request applies to a residentially-designated property and therefore would not reduce the amount of land available for commercial/industrial development. Page 290 of 667 Page 7 LUAR 19-005 Miraflor Apartments h. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply to the subject case, as it is not a project looking for suitable site. The applicant/owner acquired the property in 2007 and made several attempts to find the best use for it ever since. L Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/ site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\MiraflorApartments 2019\LUAR 19-005\LUAR 19-005 MiraflorApartments.doc Page 291 of 667 Exhibit A LOCATION MAP ' l f r 22?4 } 1 � J 7 Mentone Rd SEW i N y r f t „f r i x Y F j�}1i�' ��!; -- s � 1' ��{�{{ „iI€�P�J rt c,,ti, 1r1'-_ t}{ `• s, ! � �� . i' f 1 i��, C�� � � iA�� {nr a��� ff�, ! 1'S� fl � �}s� sus I �EU;s•S ��}�� f��� ���3� � r rkf r. k v r'l {•` ��f�� { Sri t �� � r"„k }�i � e� I Legend 0111111111 City Boundary 0 45 90 180 270 W7 Exhibit B1 MIRAFLOR APARTMENTS: EXISTING FUTURE LAND USE Palm Beach Memorial Park SITE oil Mentone-Rd Existing FLU: MDR Ltd MD CountrysLn -> L R C Z L u Cal Pine-Point-Dr--CO d Z C- C =� O _ N-Palm ®Dr 2 —Bayview-Ave-- Legend —Ba iewAveLegend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre 011MIl CITY BOUNDARY 0 25 50 100 150 200 Se9ft667 Exhibit B2 MIRAFLOR APARTMENTS: PROPOSED FUTURE LAND USE Palm Beach Memorial Park f all 1111 �Y i iMenton-e--Rd- C Z OC Country=Ln— i > m *+ IW y y, i fl u C Pine-Point-Dr--w i, f O' v Z N-Palm-Dr � d �- Bayview Ave-- Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre 0 25 50 100 150 200 011011 CITY BOUNDARY 4(41667 Exhibit C1 MIRAFLOR APARTMENTS: EXISTING ZONING Palm Beach Memorial Park ca � o Country n C .> Z H i Pine Point Dr � Z N-Palm__Dr Bayview Ave Legend R1 Single Family, 7.5 du/ac R3 Multi Family, 11 du/ac 011MIl CITY BOUNDARY o zs so goo iso zoo Feqft667 Exhibit C2 MIRAFLOR APARTMENTS: PROPOSED ZONING Palm Beach Memorial Park All Mentone-Rd }' > C Z L Pine Point Dr � � Z .� f O Bayview Ave -- low Legend R1 Single Family, 7.5 du/ac R3 Multi Family, 11 du/ac IPUD Infill Planned Unit Development 0 2550 100 150 zoo 6(4t667 11 CITY BOUNDARY 8.D. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to I PUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staff's 21 recommended conditions of approval plus two additional Board conditions. Explanation of Request: In 2007 the original Miraflor project received site plan approval, comprised of 40 townhomes and related site amenities. The project was never constructed and subsequently lost its approval status under the site plan expiration provisions of the City's Land Development Regulations. Since the 2007 site plan approval, the owners have found it challenging to find a physically and economically feasible use for the property, given its challenging configuration and the steadily rising land and construction prices. The current proposal changes the Miraflor project from a 40-unit townhome development to a 58-unit rental project within five (5) apartment buildings, with each building containing 10 to 13 apartment units ranging from 1,000 square feet in size for each two-bedroom apartment, and 1,100 square feet for each three-bedroom apartment. Each dwelling unit will have two bathrooms. The project plans include construction in one (1) phase. To achieve the increase in units and higher density, this request is co-joined with a concurrent request to amend the Future Land Use Map of the Comprehensive Plan to classify the subject property as High Density Residential (HDR) and to rezone the property to Infill Planned Unit Development (I PUD) (LUAR 19-005). Approval of the requested site plan is contingent upon approval of the concurrent requests for land use amendment and rezoning of the subject property. Multi-family residential (apartments) is a permitted use in the proposed I PUD zoning district. The maximum density allowed by the proposed High Density Residential (HDR) land use classification is 15 dwelling units per acre, which would allow the developer a maximum of 58 units based on a 3.87-acre site. This request was heard by the Planning & Development Board at their meeting on April 28, 2020. The Board voted 6-0 to approve this request subject to staff's recommended 21 conditions of approval and two (2) conditions of approval added by the Board. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: No alternative is recommended. Page 297 of 667 Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report KASPKA 19-008 D Location Map Exhibit A- Location Map D Exhibit Exhibit B - Survey D Exhibit Exhibit B - Master/Site Plan D Exhibit Exhibit B - Civil Plans D Exhibit Exhibit B - Floor Plans D Exhibit Exhibit B - Building Elevations D Exhibit Exhibit B - Color Elevation 1 D Exhibit Exhibit B - Color Elevation 2 D Exhibit Exhibit B - Color Elevation 3 D Exhibit Exhibit B - Color Elevation 4 D Exhibit Exhibit B - Landscapel Plan D Exhibit Exhibit B - Landscape2 Plan D Exhibit Exhibit B - Photometric Plan D Conditions of Approval Exhibit C - Conditions of Approval Post P D Development Order Development Order Page 298 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-040 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Kathleen Hatcher, Senior Planner DATE: April 16, 2020 PROJECT: Miraflor Apartments (MSPM 19-008) REQUEST: Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres zoned IPUD. PROJECT DESCRIPTION Property Owner: Seacrest Properties, LLC Applicant: Randall K. Rush of Seacrest Properties, LLC Agent: Christi Tuttle / Bradley Miller AICP, Miller Land Planning, Inc. Location: West side of North Seacrest Blvd. across from Mentone Road (see Location Map - Exhibit "A") Existing Land Use: MDR Medium Density Residential (11 du/ac) Existing Zoning: R-3 Multifamily Residential Proposed Land Use: HDR High Density Residential (15 du/ac) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 58 Rental Apartments Acreage: 3.87 acres (168,650 square feet) Page 299 of 667 Page 2 Miraflor Apartments MSPM 19-008 Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-family (RM); South: Townhomes (Pine Pointe Villas Condo) classified Medium Density Residential (MDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Low Density Residential (LDR 7.5 du/ac) and zoned Single-Family Residential (R-1), and farther to the east /northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM); West: Right-of-way of Interstate 95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single- Family (RS). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and Ordinance No. 05-004. BACKGROUND Site: As shown on the survey submitted, the subject property is a 3.87-acre irregularly-shaped parcel located on the west side of North Seacrest Boulevard, approximately one-half mile south of Hypoluxo Road, with 161 feet of lot frontage on North Seacrest Boulevard, and 857 feet of lot depth. Located between Pine Point Villas (in the City) and Palm Beach Memorial Park Cemetery (in the unincorporated County), the subject parcel was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. In 2007, the subject parcel was subdivided from the cemetery and annexed into the City, along with approvals for a 40-unit townhome development (ANEX 06-009, LUAR 06-022, NWSP 06-027). The applicant at that time 2 Page 300 of 667 Page 3 Miraflor Apartments MSPM 19-008 submitted a notarized Affidavit which stated that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". Even though approved on January 16, 2007, the previous Miraflor project was not constructed and the site plan approval expired. Since the 2007 approval, the owners have found it challenging to find a physically and economically feasible use for the property, given its challenging configuration and the steadily rising land and construction prices. Proposal: A major site plan modification approval for the proposed Miraflor Apartments project is requested by the applicant. As indicated on the Master/Site plan submitted (see Exhibit "B" — Plans), the project consists of a total of 58 dwelling units within five (5) apartment buildings, with each building containing 10 to 13 apartment units ranging from 1,000 square feet in size for each two-bedroom apartment, and 1,100 square feet for each three-bedroom apartment. Each dwelling unit will have two bathrooms. The project plans include construction in one (1) phase. Accompanying this request for a major site plan modification approval is a concurrent request (LUAR 19-005) to amend the Future Land Use Map of the Comprehensive Plan to classify the subject property as High Density Residential (HDR) and to rezone the property to Infill Planned Unit Development (IPUD). Approval of the requested site plan is contingent upon approval of the concurrent requests for land use amendment and rezoning of the subject property. Multi-family residential (apartments) is a permitted use in the proposed IPUD zoning district. The maximum density allowed by the proposed High Density Residential (HDR) land use classification is 15 dwelling units per acre, which would allow the developer a maximum of 58 units based on a 3.87-acre site. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Based on the traffic statement submitted and the County review, the project as proposed would potentially generate 316 new daily trips, with 21 peak hour trips in the AM and 26 peak hour trips in the PM. No permits can be issued after the build-out date of December 31, 2023. 3 Page 301 of 667 Page 4 Miraflor Apartments MSPM 19-008 School: The School District of Palm Beach County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will not have a significant impact on school capacity. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of ingress/egress is proposed for the project along North Seacrest Boulevard. This two-way driveway serves as the only point of access to the proposed apartment buildings. An emergency access point is proposed on the site plan near the westernmost parking lot and is subject to consent by the adjacent property owner to the north. Sidewalks are provided from North Seacrest Boulevard throughout the proposed development at a minimum of five (5)feet in width. The sidewalks provide required pedestrian connectivity from parking lots to front doors or stairwells and to residential amenity areas. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for each two (2) or three (3) bedroom apartment. The project proposes 25 two-bedroom units and 33 three-bedroom units, which would require a total of 116 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds nine (9) parking spaces for a total minimum of 125 required parking spaces. The site plan proposes 142 parking spaces, including five (5) handicap spaces and six (6) electric vehicle charging stations, with an excess of 17 parking spaces over the minimum requirement. 4 Page 302 of 667 Page 5 Miraflor Apartments MSPM 19-008 Building Height: In the IPUD zoning district the maximum building height allowed is 45 feet. To be more compatible with the one-story adjacent development to the south (Pine Pointe Villas), each proposed three- story apartment building has end units of two-stories in height. All proposed buildings comply with the IPUD height requirements of the Land Development Regulations, with the mean roof height of the three (3)-story portion being at 35 feet (10 feet less than the maximum of 45 feet allowed), and the mean roof height of the two (2)-story end units being approximately 25 feet. Setbacks: Flexible setbacks are allowed in the IPUD zoning district however they are required to mirror adjacent development (which is 25 feet). Proposed building setbacks have been increased along the south property line adjacent to Pine Pointe Villas, ranging from 53 feet to 65 feet, more than double the setback of adjacent development. Amenities: Usable open space of 200 square feet per unit is required to be provided in the IPUD zoning district, and the site plan exceeds this requirement by 720 square feet. The site plan proposes two (2) usable open space areas for residents and their guests. These amenity areas include recreational open green areas, a tot-lot, benches, trash cans, BBQ grills, and a pavilion for a community meeting area. In other areas on site there are also three (3) covered bike racks, a mail kiosk, and additional benches proposed. An easement for a possible future Palm Tran bus stop is also proposed adjacent to the North Seacrest Boulevard right-of-way. Design: The proposed buildings have a Key West design featuring smooth and lapped stucco walls with a pastel color palette. Horizontal and vertical articulation is maximized by varying roof lines and building off-sets. Impact windows and doors are proposed, and decorative features include aluminum awnings and balcony railings. Sustainable elements are proposed throughout the development including paving and roofing materials with a preferred solar reflective index; light building colors to reflect heat and reduce cooling costs; awnings to minimize glare; energy efficient lighting and air conditioning; and electric car charging stations. Landscaping: A variety of plant species is proposed including trees, palm trees, accent and shrubs, and groundcover plants. All plant materials to be used in the landscape design are required to be Florida friendly, number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. 5 Page 303 of 667 Page 6 Miraflor Apartments MSPM 19-008 The proposed tree species would include the following: Red Maple, Gumbo Limbo, Orange Geiger, East Palatka Holly, Southern Magnolia, Southern Live Oak, Bald Cypress, and Florida Royal Palms. A total of 78 buffer trees are required, and 113 buffer trees are provided. Each proposed apartment building has foundation landscaping consisting of trees and shrubs surrounding each side. Parking areas also include landscape islands, and tree shaded areas are proposed in the usable open space areas that include a tot lot and BBQ area. A total of five percent (5%) of shrubs and groundcover are required to be butterfly attracting. Proposed butterfly garden plants include Butterfly Bush, Native Porter, Butterfly Milkweed, Dwarf Evergreen Day Lily, Pink Muhly, and Purple Pentas, and range from 5.6% of shrubs and 6.3% of groundcover plants proposed. Lighting: The design, style, and illumination level is compatible with the building design (height) and considers safety, function, and aesthetic value. Photometric plans include 16 aluminum light poles with a maximum height of 18 feet. There are no spot readings in excess of the maximum of 5.9, with an average reading of 0.02 at the property lines. As required, the on-site illumination would be directed down and not "spill over" onto adjacent properties and rights-of-way. Signage: A site sign is proposed along North Seacrest Boulevard, setback a minimum of ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Sustainability: Planned Unit residential development with more than 50 units must achieve a minimum of 25 sustainabilty points. The development proposes to satisfy this requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy -Paving material with Solar Reflective Index SRI of 29 4 All air conditioners are Energy Star qualified, minimum SEER 16 2 Roofing material that has a SRI > 75 for low sloped roofs for a minimum of 75% of the roof surface 2 White or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs 2 Shade structures such as awnings, screens, louvers over windows/doors to minimize glare, solar heat gain 6 6 Page 304 of 667 Page 7 Miraflor Apartments MSPM 19-008 Energy efficient lighting such as LED for building interiors for 100% of proposed lighting 1 Transportation A total of 6 electric car charging stations (4 more than the minimum required number) 4 Urban Nature Only native or Florida Friendly plant species 4 Total Points 25 Based on the elements above, the criteria for sustainable development will be met for the proposed development. Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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P �mgm EYr.> a0 M a i zm em8 Sfrg b } " - nu : •W9 tl K�• SN e� p`g�R =z s 8 i Aa 1 1.1 H as off{01-0202—90 Wx. 531—01113311013 1111 0 N Vu?N6 r;i�U N� �Q oO ®w r_nuyo o-��¢ �e -✓. 0 3 � w r #L = _ a c r � l a 5 r� e i e ; e za C1 .s S k ' v 2 s{ x s Pg off{0L-0302 M3 90— S—V 01113311013 1-011 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: Miraflor Apartments File number: MSPM 19-008 Reference: 31d review plans identified as a Maior Site Plan Modification with a February 11, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. An approved addressing plan is required prior to Site Plan Approval. No permits shall be issued for construction of this project until the applicant submits the required addressing plan and it is approved by the City's addressing committee. 2. The existing sound wall on Interstate 95 does not extend the full length of the west property line of the subject property. Engineering recommends extending the FDOT sound wall to the limits of the north property line, either at the developer's expense or by petitioning FDOT to install the sound wall. FIRE Comments: None, all previous comments addressed at DART Meeting. POLICE Comments: None, all previous comments addressed at DART Meeting. BUILDING DIVISION 3. The Fair Housing Guidelines shall be required for this project. 4. The front entry to all ground floor units shall show a threshold of 1.5 feet. 5. All other previous comments shall be addressed at time of permitting. PARKS AND RECREATION Comments: None Page 352 of 667 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 7. Approval of this project is contingent upon the approval of the accompanying request for land use amendment/rezoning (LUAR 19- 005). If the LUAR request is not approved, the site plan will be required to be revised prior to permitting to comply with the maximum density of 11 dwelling units per acre allowed in the current R-3 zoning district. 8. A Master Plan and Site Plan is required for an IPUD. If the project will be developed in one phase the site plan may be labeled as Master Plan/Site Plan. At time of permitting, update the title block and drawing index on cover sheet accordingly. 9. At time of permitting, submit a plan which delineates the limits of the cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 10. The subject site is located along a Palm Tran bus route and a proposed bus stop is labeled on the site plan along Seacrest Boulevard within the Palm Tran easement. Staff recommends installing an upgraded bus shelter. Coordinate the design with Palm Tran. At time of permitting provide an elevation and detail of the proposed upgraded bus shelter on the plans. 11. At time of permitting, revise plans to include a detail of the proposed private lift station with an opaque enclosure at the entrance to the apartment development. Include colors and materials of enclosure and include an opaque fencing and gate to screen. 12. At time of permitting, revise plans to include details of all proposed signage on site (monument sign and unit signs), including dimensions, square footage, font, colors, and materials. The Page 353 of 667 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT monument sign structure must be located at least 10 feet from property lines and shall not be internally illuminated. 13. At time of permitting further revise elevations to enhance facades for buildings that are directly visible from abutting roadways and adjacent development by adding a decorative medallion on lapped stucco walls (Buildings 1 and 3 south elevations; Building 4 east elevation; and Building 5 north and south elevations). 14. At time of permitting revise plans to include fence and gate details that comply with the requirements of Ch. 4, Art. III. Sec. 10.A. of the LDR. 15. At time of permitting, revise photometrics plans to clearly Indicate light fixtures will provide lighting in the warm white range of 2000 to 3000k. 16. At time of permitting revise photometrics plans to provide wall mounted lighting at building and apartment entries, including details of lighting fixtures and revised spot readings. 17. Revise plant list to include the following requirements: a minimum 4- inch tree caliper for all required trees (except for signature trees); a minimum of 6 different canopy tree species, clusters of 3 Sabal Palms count as one (1) canopy tree; shrubs to be a minimum of 24" in height and spread. 18. At time of permitting, revise landscape plan to comply with FPL Right Tree/Right Place requirements for all trees located in or adjacent to utility easements. 19. At time of permitting revise landscape plan to provide on all large landscape islands a large canopy tree, not palms, and to provide required City signature trees on each side of entrance drive. 20. The foundation trees required around each apartment building are required to be installed at one-half the height of the building. Indicate foundation landscaping (trees and shrubs) on landscape plan and note on plant list the number of trees that comply with this requirement. Update typical building landscape plans and plant lists accordingly, and provide a detailed building elevation or rendering with the landscaping depicted at time of planting. 21. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. Revise landscape plan to note proposed method of irrigation and location of well if proposed. Page 354 of 667 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 22. At time of permitting, revise plans to provide additional recreation amenities for the older children residing on the premises, such as a basketball court or similar. 23. At time of permitting, revise landscape plans to include required foundation trees that are one-half the height of the building to soften and screen building facades, and revise hedge material along south property line to native Red-Tip Cocoplum or Sweet Viburnum with lower watering needs. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Miraflor Apartments\MSPM 19-008\Exhibit C-Conditions of Approval.doc Page 355 of 667 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Miraflor Apartments (MSPM 19-008) APPLICANT: Randall K. Rush, Seacrest Properties, LLC APPLICANT'S ADDRESS: 57420 County Road 3, Elkhart, IN 46517 DATES OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2020 APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres zoned IPUD. LOCATION OF PROPERTY: West side of North Seacrest Blvd. across from Mentone Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Miraflor Apartments 2019\MSPM19-008\DO.doc Page 356 of 667 8.E. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Ordinance No. 20-015 - First Reading - Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Explanation of Request: In 2002, the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These local 10-year plans are required to be based on the latest relevant Regional Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub-Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. In accordance with the state regulations cited above, the adoption of the update to the City's Water Supply Plan is anticipated to take place in July 2020. The Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. How will this affect city programs or services? Updates to programs per the Plan Fiscal Impact: Updates to Cl plan as described Alternatives: None recommended Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Page 357 of 667 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving update to 10 Year Water Facility Plan D Staff Report Staff Report D Exhibit EXHIBITA, Water Supply Plan update Page 358 of 667 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AMENDMENTS TO THE 5 COMPREHENSIVE PLAN UTILITIES ELEMENT TO 6 INCLUDE AN UPDATE TO THE 10-YEAR WATER 7 SUPPLY FACILITIES WORK PLAN; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 I WHEREAS, pursuant to Florida Statutes 163.3177, local government must update its 12 10-year water supply plans within 18 months after regional water management districts approve 13 an updated regional water supply plan; and 14 WHEREAS, on January 11, 2019, the governing board of the South Florida Water 15 Management District approved the 2018 Lower East Coast Water Supply Plan Update; and 16 WHEREAS, the approval of the update to the City's 10-Year Water Supply Facilities 17 Work Plan should take place in July, though, due to unforeseen circumstances, some delay is 18 possible. 19 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 22 herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 adopts the Comprehensive Plan Amendments based on the 10-year Water Supply Facilities Work 25 Plan, prepared for the City of Boynton Beach, dated April, 2020, a copy of which is attached 26 hereto as Exhibit"A". 27 Section 3. All laws and ordinances in conflict with any provisions of this ordinance 28 are hereby repealed. - 1 - S:ACA\Ordinances\Comp Plan Utilities Element(10-Year Water Supply Facilities Work Plan)(2020)-Reso.Docx Page 359 of 667 29 Section 4. Should any section or provision of this Ordinance or any portion thereof 30 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 31 remainder of this Ordinance. 32 Section 5. This Ordinance shall become effective immediately upon passage. 33 FIRST READING this day of , 2020. 34 SECOND, FINAL READING AND PASSAGE this day of , 2020. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner— Christina L. Romelus 48 49 50 VOTE 51 ATTEST: 52 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 (Corporate Seal) -2— S:ACA\Ordinances\Comp Plan Utilities Element(10-Year Water Supply Facilities Work Plan)(2020)-Reso.Docx Page 360 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-012 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Ed Breese Planning and Zoning Administrator DATE: May 1, 2020 PROJECT NAME/NO: Comprehensive Plan Text Amendments: 10-Year Water Supply Facilities Work Plan Update (CPTA 20-012) REQUEST: Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. PROCEDURE All amendments to adopted Comprehensive Plan policies are considered text amendments, subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes, adopted by the 2011 legislation. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), currently the state land planning agency, prior to final adoption by the City Commission. Within the DEO, the program is administered by the Division of Community Planning and Development. The final adoption of the proposed amendments is tentatively scheduled for July 2020. UPDATE OF THE 10-YEAR WATER SUPPLY FACILITIES WORK PLAN Background In 2002, the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These Page 361 of 667 local 10-year plans are required to be based on the latest relevant Regional Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub- Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. In accordance with the state regulations cited above, the adoption of the update to the City's Water Supply Plan should take place in July, though, due to unforseen circumstances, some delay is possible. The Update The City hired CDM Smith Inc. (the Consultant) to provide the professional engineering services to review and update the Work Plan and ensure its consistency with the 2019 Lower East Coast (LEC) Water Supply Plan Update. The Consultant's task was to identify and document the utility's existing water supply facilities for which the City is responsible: wells, facilities used to withdraw water from its source, transmission facilities, treatment facilities, storage facilities, the major transmission mains (12-inch diameter and larger) and the locations and sizes of interconnections with other utilities. The Consultant used population projections to estimate future demands and identify any areas of capital expansion required to meet the projected demands over the planning period. Specifically, the Plan had the following objectives: • Identify population and water demands of the City for the planning period of 2020 to 2040; • Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. • Identify sources of raw water needed for potable water supply to meet demands through the year 2040. • Identify additional potable and/or reclaimed water supply initiatives • Describe the conservation practices and regulations utilized by the City to meet water supply demand. Expanding the potable water demand during the period under consideration are several communities added to the City's service area. They include the Town of Hypoluxo and Page 362 of 667 three (3) mobile home parks: Tropical Breese, Parry Village and Royal Manor. According to the projections incorporated into the LEC Water Supply Plan Update, the population of the service area will grow from 113,090 in the year 2020 to 134,809 in 2040. The Plan provides a list of projects included in the City's Capital Improvements Program (CIP) that will be implemented during the next five (5) years to meet the growing demand. The projects will improve existing infrastructure to enhance the system's efficiency, contribute to the diversification of the City's sources of water, and reduce dependency on the surficial aquifer. RECOMMENDATION The proposed text amendments would update the 10-Year Water Supply Facilities Work Plan—a part of the Utilities Element of the City's Comprehensive Plan—in compliance with regulations of Chapter 163.3177, Florida Statutes. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the Division of Community Planning and Development of the Florida Department of Economic Opportunity for their review and comment. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\Water Plan Update amendments 2015\CPTA 20-001 10-Year Water Facility Plan staff report.docx Page 363 of 667 i Smith 621 NW S3,d Street,Suite 26S Boca Raton,FL 33487 tel: S61-S71-3800 fax: 561-241-7084 April 28, 2020 Mrs. Deborah Oblaczynski Policy&Planning Analyst Water Supply Implementation Unit South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Subject: Request for Additional Information No. 1 Ten Year Water Supply Facilities Workplan City of Boynton Beach, Florida Dear Mrs. Oblaczynski: The City is in receipt of your comments to the Draft 10-Year Water Supply Facilities Workplan sent via electronic correspondence on March 31, 2020. Below is each comment followed by a response addressing the comment. Comment No. 1 -Update Section 2.2 Regional Issues to include how the relevant regional issues impact the City and the City's water supply planning. Include a description of the City's Comprehensive Plan Goals, Objectives, and Policies addressing the identified regional issues and impacts. If an issue does not apply to the City, include a statement as to why the regional issue does not apply. Response to Comment No.1 -Section 2.2 of the Draft Work Plan has been revised to include a description of the City's Comprehensive Plan Goals, Objectives and Policies addressing the regional issues and impacts. Comment No. 2 -The Lower East Coast Regional Water Availability Rule (Rule) criteria also applies to the City's water supply planning. Please include a description of how the City addresses the Rule in Water Supply Planning. Include the information that the City received a water use allocation above the base condition for the Rule predicated on replacing existing irrigation supply with reclaimed water and using the terminated water use allocations to increase surficial withdrawal. Response to Comment No.2-Section 2.2 has been revised to include information about how the City addresses the Rule in Water Supply Planning. Comment No. 3 - Figure 3-2 of Section 3.1.3 shows location of self-supplied systems; however,the service area shown for High Ridge North of Gateway is different from what is shown in Water Use Permit 50-07208-W, and the service area for Colonial Estates on Figure 3-2 differs from the service WATER+ENVIRONMENT+TRA SPO TATION+ENERGY+FACILITIES Page 364 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 2 area included in the Water Use Permit 50-10245-W. Please update Figure 3-2 to match boundaries shown in the permits. Response to Comment No.3-Section 3.1.3 has been revised to remove references to Permit 50- 07208-W which is for landscape irrigation and not for Public Water Supply. No Water Use Permit information was found for the High Ridge area. Figure 3.2 has been revised to match the boundaries shown in Permit No. No. 50-10245-W for Colonial Estates. Comment No.4- Section 3.1.3 identifies High Ridge as an area of self-supply. The Section states the area has a Water Use Permit 50-07208-W,which is for landscape irrigation. Clarify as to whether the High Ridge area is covered under a Public Water Supply Water Use Permit, or if the area meets the requirements for permit exemptions for domestic self-supply found under Rule 40E-2.051, F.A.C. Response to Comment No.4-Section 3.1.3 has been revised to remove references to Permit 50- 07208-W which is for landscape irrigation and not for Public Water Supply. No Water Use Permit information was found for the High Ridge area. Comment No. 5 - Include in the narrative of Section 3.1.3 that Permit 50-07208-W is issued to the Palm Beach County Board of County Commissioners and not directly to High Ridge. High Ridge is one of several properties that are supplied under the Water Use Permit 50-07208-W; therefore,the annual allocation of 9.36 MG is not all allocated to High Ridge. Recommended allocations for High Ridge are included in Exhibit 4 of the permit. Please revise information to be consistent with the permit. Conversely, if this permit is not applicable to the public water supply use for the self- supplied service area,please remove this section. Response to Comment No. 5-Section 3.1.3 has been revised to remove references to Permit 50- 07208-W which is for landscape irrigation and not for Water Use or Public Water Supply. No Water Use Permit information was found for the High Ridge area. Comment No. 6 - Revise Section 3.2 to match the information in Water Use Permit 50-00499- W. The section currently reads the permit was issued on December 13, 2009. The permit was issued on December 8, 2009 with a final action date of December 10, 2009. Also consider including that the water use permit was first issued in 1978 and that the latest modification was approved in 2009. Response to Comment No. 6-Section 3.2 was revised to include additional information about Water Use Permit No. 50-00499-W. Comment No. 7 - Section 3.2.1 Surficial Aquifer System Wellfields states the following: "The Eastern Wellfield is comprised of 20 wells of which only 19 are operational. The Western Wellfield is comprised of 11 operational wells."Well 3E was not included in the 2009 full renewal of the permit, and the well has been abandoned. Therefore,this well should not be included as part of the Eastern Wellfield. Please revise the statement to reflect 19 existing wells. In addition, pumpage reports indicate that Western Wellfield Well 8W has been out of service since 2013. It would be 10 Yr.Supply Workplan RAI No.l Ltr Page 365 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 3 more appropriate to use"existing"instead of"operational"in the above sentences while describing wells. Response to Comment No. 7-Section 3.2.1 was revised. Well 3E was removed from the Eastern wellfield list and the wells are referenced as `existing"rather than "operational': Comment No. 8 - Update Tables 3-1 and 3-2 by revising the status of the wells to"existing"from "operational"as some wells are in and out of service and well 8W has not been in operation since 2013. Also remove Well 3E from Table 3-1 and update total capacity for Eastern Wellfield as the capacity of the abandoned well should not be counted in the total capacity of the Eastern Wellfield. Response to Comment No. 8-Section 3.2.1 was revised. Table 3.1 and Table 3.2 were revised to remove Wells 3E and to label wells as"existing." Comment No. 9 - Section 3.2.3 Floridan Aquifer System (FAS) Wells states that the total maximum monthly allocation from the proposed FAS wells shall not exceed 35.7 MG; however,the total max allocation in Water Use Permit 50-00499-W for the FAS wells is 37.5 MG. Please revise the sentence to match permitted allocation for the FAS wells. Response to Comment No. 9-Section 3.2.3 was revised to correct the total maximum monthly allocation for the FAS wells of 37.5 MG. Comment No. 10 - Section 3.2.4 Reclaimed Water provides limited information on the reclaimed water in the City's services area. Appendixes E and F (pages E-8 and F-29) of the 2018 Lower East Coast Water Supply Plan Update (2018 LEC Plan) provides information regarding the expansion of the reuse system as well as the City's plans to address the Ocean Outfall Law requirements. Also expand Section 3.2.4 Reclaimed Water and Section 2.2 Regional Issues by including the City's plans to meet Ocean Outfall Law requirements. Response to Comment No. 10-Section 3.2.4 has been revised to include additional information of the City's reclaimed water system. The South-Central Regional Wastewater Treatment Plant(SCRWWTP)collects and treats wastewater from the Cities of Delray Beach and Boynton Beach. Reclaimed water shared between these two municipalities is primarily used for irrigation purposes. In accordance with the Ocean Outfall Law requirements, the SCRWWTP will achieve a total reuse of 13.30 mgd or 60 percent reuse of total permitted flow by 2025.A deep injection well was constructed and became operational in 2009,for wastewater effluent disposal, thereby eliminating discharge through the ocean outfall, except for emergency discharges. The City distributes reclaimed water from SCRWWTP to customers within the City's water service area through a reclaimed distribution watersystem with pipe sizes ranging from six inches to 36-inches. In 2019, the City had a total of 52 reclaimed water users and a total of 1.5 million gallons of reclaimed was utilized by these users. Through the City's Capital Improvements Program, the City continues to expand its reclaimed water distribution system with the intent of utilizing additional reclaimed water capacity from SCRWWTP. ro 10 Yr.Supply Workplan RAI No.I Ltr Page 366 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 4 Comment No. 11 - Update Section 3.3.1 East Water Treatment Plant to include the efficiency of the treatment process. Response to Comment No. 11 -Figure 3.3.1 was updated to include the efficiency of the East Water Treatment Plant process. Comment No. 12 - Update Section 3.2.2 Aquifer Storage and Recovery to include: ■ The efficiency of the wells; ■ The volumes stored and/or withdrawn; and ■ Any future plans for expansion. Response to Comment No. 12-Section 3.3.2 was updated to include information from Aquifer Storage and Recovery(ASR) Wells No. 1 and No.2. Comment No. 13 - Review and revise Figure 3-5 as needed.The labels on the WTPs appear to be reversed. Response to Comment No. 13-Figure 3-5 was revised to correct the labels of the Water Treatment Plants. Comment No. 14- Clarify the estimated City water use rate in Section 4.3 Historical Water Use. It is unclear how the average per capita rate of 131 gallons per capita per day(gpcd)was calculated. The 2018 LEC Plan's per capita for that time period is calculated to be 119 gpcd. Response to Comment No. 14-The City's average finished water production data (in mgd)and estimated population data were used to calculate the estimated City's water use rate. The City's finished water production data for the East WTP and West WTP was obtained from January 2015 through December 2019 Monthly Operating Reports. Water Use Rate=Population Served/Average Finished Water Produced The City is not sure where the 119 gpcd in the LECWSP came from. The average per capita consumption was calculated to be 125 gallons per capita per day(gpcd). This consumption rate was multiplied by a factor of 5% to obtain a planning level water use rate of 131 gpcd. A peaking factor of 1.18 was then used to obtain a planning level per capita maximum water use rate of 154gpcd. These estimated water consumption rates are considered for planning purposes and are used to estimate water demand projections for the planning period of 2020 to 2040. Comment No. 15 - Revise Tables 4-3, 4-4, and 4-5 to be consistent with each other. The per capita rates used to project the average and maximum daily demands in Tables 4-4 and 4-5 are greater than the average rates listed in Table 4-3. Based on the last five years of data listed in Table 4-3,the average and maximum daily per capita use rates should be 124 and 146, respectively.The Tables use the higher per capita use rates of 131 and 154. 10 Yr.Supply Workplan RAI No.l Ltr Page 367 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 5 Response to Comment No. 15-As explained in the previous response, the average per capita consumption was calculated to be 125 gallons per capita per day(gpcd). This consumption rate was multiplied by a factor of 5% to obtain a planning level water use rate of 131 gpcd. A peaking factor of 1.18 was then used to obtain a planning level per capita maximum water use rate of 154gpcd. These estimated water consumption rates are considered for planning purposes and are used to estimate water demand projections for the planning period of 2020 to 2040. Table 4-3 has been revised to include additional information. Comment No.16 - Include the City's Potable Water Level of Service Standard in the calculation of Water Demand projections in the Work Plan or provide an explanation as to why the LOSS is not used in the projections. The City's Potable Water Level of Service Standard (LOSS) is not included in the Work Plan. The per capita rate used to calculate the water demand projections need to be generally consistent with the City's LOSS and the 2018 LEC Plan or provide an explanation for the differences. Response to Comment No.16- The Potable Water Sub-Element of the City's Comprehensive Plan, last updated in 2015, includes the City's Potable Water Level of Service Standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment. This information is now included under Section 4.4.1. Comment No.17 - Revise Section 4.4.2 Additional Water Demands to include the population and water demands for Briny Breezes and Ocean Ridge. Response to Comment No. 17- The Boynton Beach Service Area population projections were obtained from the 2018 LEC Water Supply Plan Update(LEC Plan). The LEC Plan population data include Briny Breezes and Ocean Ridge as part of the current and future service area for the Boynton Beach Public Water Supply(PWS)system. Therefore, water demands for Briny Breezes and Ocean Ridge were not considered for the additional water demand calculations in Section 4.4.2. Comment No. 18 -Add to Section 4.4.2 Additional Water Demands and 4.4.3 Water Demands for Proposed Service Area, a future service area boundary map including the additional areas proposed to be served. Response to Comment No.18-Figure 4.1 was added to the report to show the Future Proposed Service Area and additional future water users. Comment No. 19 - Section 4.4.3 Tables 4-7 and 4-8 include separate population projections for the Town of Hypoluxo. However,the Town of Hypoluxo's projected population numbers are already included in the Boynton Beach Service Area population projections presented in the 2018 LEC Plan for the City starting from year 2020. Please review information provided in Tables 4-7 and 4-8 and revise appropriately. Response to Comment No. 19-The Boynton Beach Service Area population projections were obtained from the 2018 LEC Water Supply Plan Update(LEC Plan). Appendix E,Public Water Supply Utility Summaries, includes a Summary for the City of Boynton Beach Public Water Supply(PWS). 10 Yr.Supply Workplan RAI No.l Ltr Page 368 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 6 Footnote "a"of this Summary states that the additional population and demand for Town of Hypoluxo is included in the City's data starting in 2020.After carefully studying the LEC Plan and its data, it was concluded that the additional population and demand for Town of Hypoluxo is included in the City's data starting in 2025, not in 2020. This can also be confirmed by looking at the population reduction from Town of Manalapan, which currently serves potable water to certain areas of the Town of Hypoluxo.A reduction in population for Town of Manalapan is shown in year 2025. Since the City will begin serving the additional population of Town of Hypoluxo beginning on year 2020, it was decided to add this population increase to year 2020 in order to properly estimate demands for thatyear. Exhibit has been added to the 10-Yr CUP Compliance Report and reflects the corrections in population estimates for the City's future service area. In addition,Section 4.2.2 and Section 4.2.3 of the 10-Yr Water Supply Facilities Work Plan have been updated to reflect the same correction. Comment No. 20 - Update the population projections in Section 5 Water Demand-Supply Analysis to be consistent with any changes in Section 4 detailed in the comments above. Response to Comment No.20- The population and water demand-supply projections in Section 5 were revised for consistency with changes in Section 4. Comment No. 21 - Provide an explanation in Table 5-1 Raw Water Demand of the raw to finished water ratio of 1.08. In the 2018 LEC Plan the actual 2016 difference between raw and finished was 1.10.This does not account for any Floridan efficiency impacts once those wells come on-line and assumed a 50-50 split of nano-lime softening.The raw to finished conversion is important since the City is nearing the permit allocation limit. Response to Comment No.21 -Average Daily Raw Water Demand calculations assume a Raw Water to Finished Water Ratio of 1.10 which considers efficiencies of 97%and 85% at the East WTP and West WTP, respectively.Section 5 was revised to include the revised ration of 1.10. Comment No. 22 - Update the City's Xeriscape Ordinance and language in Section 6 Water Conservation to reference Florida-friendly landscaping. Florida Statutes (F.S.)were revised in 2009 to replace xeriscaping with Florida-friendly landscaping. See Section 373.185 F.S. Response to Comment No.22-Section 6 has been updated to include language about Florida Friendly Landscaping. Comment No. 23 - Include in Section 6.0 Water Conservation, a leak detection program as part of the City's conservation program. The 2019 unaccounted-for loss report showed less than 10% loss. Discuss what programs are in place to continue to keep the unaccounted-for water loss rate low. Response to Comment No.23- The City's 2019 unaccounted-for loss report showed less than 10% loss. The City has a continuous program of distribution system upgrades and employs online pressure sensors in the system to assist with leak detection. These actions have allowed the City to consistently ro 10 Yr.Supply Workplan RAI No.I Ltr Page 369 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 7 maintain a low unaccounted-for water loss rate.Section 6 has been updated to include this information. Comment No. 24-Add to Section 6.0 Water Conservation how the City plans to implement the District's Mandatory Year-Round Landscape Irrigation Conservation Measures as detailed in Chapter 40E-24, Florida Administrative Code,including updating the City's irrigation ordinances. To encourage more responsible use of water resources throughout South Florida,the District's Governing Board adopted the Year-Round Irrigation Rule in 2010. The rule restricts the times and number of days landscape irrigation is allowed within the District's jurisdiction and follows scientifically-sound recommendations for lawn irrigation. Many local governments have since enacted/updated their irrigation ordinances to promote water conservation in their respective counties and municipalities and follow the District's Year-Round Irrigation Rule. Our review of the City's ordinances indicates the City has not enacted or updated your irrigation ordinances. Please include the date by which the City plans to implement the Year-Round Irrigation Rule. Response to Comment No.24-The City has a policy in place and uses their website to provide information related to irrigation conservation measures. The City also utilizes social media to inform residents of drought conditions and remind them of irrigation measures. Section 6 has been updated to include this information. Comment No. 25 - Include in Section 7 Water Supply Projects the proposed Floridan Aquifer wells as described in Section 3.2.3.Also add a table describing capital improvement projects for the FAS production wells planned for development by 2023. Response to Comment No.25-The City has future plans to install three(3)FAS wells. These FAS wells will not be installed by 2023 as originally planned since the City has maintained low water consumption rates. The City considers the installation of these FAS wells as a long-term solution for future water supply needs. This information has been added to Section 7. Comment No. 26 - The Goals, Objectives and Policies are not identified in Section 8 Goals and Objectives. Please include the Element, Goal, Objective and Policy identifiers for each Water Supply related Comprehensive Plan reference in the section. This will assist those reading and using the Work Plan in finding the referenced policies. Response to Comment No.26-Section 8 was revised to include the Element, Goal, Objective and Policy identifiers for each Water Supply related Comprehensive Plan reference. Comment No. 27 -Add to Section 8 Goals and Objectives the following City Comprehensive Plan Policies: ■ Policy or Policies implementing the Work Plan by reference or incorporating the Work Plan into the Comprehensive Plan. ■ Policies implementing concurrency requirements for potable water availability. ro 10 Yr.Supply Workplan RAI No.I Ltr Page 370 of 667 Mrs. Deborah Oblaczynski April 28, 2020 Page 8 ■ The adopted potable water level of service standard (LOSS). ■ Policies for Intergovernmental coordination with the District,water suppliers, and other local governments concerning Water Supply Planning. Response to Comment No.27-Section 8 was revised to include Goals and Objectives from the City's 2015 Comprehensive Plan. P e any questions or concerns,please do not hesitate to contact me. rcado, E., P.M.P oject M nager YM/bm cc: Joe Paterniti, City of Boynton Beach Michael Low, City of Boynton Beach Suzanne Mechler, CDM Smith Lee Wiseman, CDM Smith 10 Yr.Supply Workplan RAI No.l Ltr Page 371 of 667 FINAL REPOR 10-Year Water Supply Facilities Work Plan Update Report City of Boynton Beach Boynton Beach, Florida April 2020 CDM"" Smith Page 372 of 667 Page 373 of 667 Table of Contents Section1 Introduction.......................................................................................................1-1 Section 2 Background Information ....................................................................................2-1 2.1 Overview........................................................................................................................................................................2-1 2.2 Regional Issues...........................................................................................................................................................2-1 Section 3 Existing Water Supply Facilities .........................................................................3-1 3.1 Service Area Boundaries.........................................................................................................................................3-1 3.1.1 Potable Service Area Boundary.............................................................................................................3-1 3.1.2 Reclaimed Water Service Area Boundary.........................................................................................3-1 3.1.3 Self-Supplied Systems................................................................................................................................3-1 3.2 Water Supply Sources..............................................................................................................................................3-4 3.2.1 Surficial Aquifer System Wellfields......................................................................................................3-4 3.2.2 Aquifer Storage and Recovery................................................................................................................3-4 3.2.3 Floridan Aquifer System Wells...............................................................................................................3-4 3.2.4 Reclaimed Water..........................................................................................................................................3-6 3.2.5 Bulk User Agreements...............................................................................................................................3-6 3.3 Water Treatment Facilities....................................................................................................................................3-7 3.3.1 East Water Treatment Plant....................................................................................................................3-7 3.3.2 West Water Treatment Plant..................................................................................................................3-7 3.4 Water Storage...........................................................................................................................................................3-10 3.5 Water Distribution..................................................................................................................................................3-10 3.5.1 Water Distribution System....................................................................................................................3-10 3.5.2 Interconnections........................................................................................................................................3-12 Section 4 Population and Water Demand Projections........................................................4-1 4.1 Historical Population Information.....................................................................................................................4-1 4.2 Projected Population for Potable Water Service Area...............................................................................4-1 4.3 Historical Water Use.................................................................................................................................................4-2 4.4 Water Demand Projections...................................................................................................................................4-2 4.4.1 Water Demands for Existing Service Area........................................................................................4-2 4.4.2 Additional Water Demands.....................................................................................................................4-5 4.4.3 Water Demands for Proposed Service Area.....................................................................................4-5 Section 5 Water Demand-Supply Analysis .........................................................................5-1 Section 6 Water Conservation ..........................................................................................6-1 Section 7 Water Supply Projects........................................................................................7-1 Section 8 Goals and Objectives..........................................................................................8-1 QDM Smith ©CDM Smith 2020 361790-241252.03.12 Page 374 of 667 10-Year Water Supply Facilities Work Plan Update Report e Table of Contents List of Figures Figure 2-1 City of Boynton Beach City Boundaries and Potable Water Service Area.........................2-4 Figure 3-1 Existing and Proposed Reclaimed Water Distribution System...............................................3-2 Figure 3-2 Location of Self-Supplied Communities............................................................................................3-3 Figure 3-3 East Water Treatment Plant..................................................................................................................3-8 Figure 3-4 West Water Treatment Plant.................................................................................................................3-9 Figure 3-5 Existing Water Distribution System................................................................................................3-11 Figure 4-1 Future Potable Water Service Areas..................................................................................................4-7 List of Tables Table 3-1 Surficial Aquifer Production Wells, Eastern Wellfield.................................................................3-5 Table 3-2 Surficial Aquifer Production Wells,Western Wellfield................................................................3-5 Table 3-3 Aquifer Storage and Recovery Wells and Floridan Aquifer System Wells..........................3-6 Table 3-4 Aquifer Storage and Recovery Well Information ..........................................................................3-6 Table 3-5 Locations of Interconnections with Other Entities.....................................................................3-12 Table 4-1 City's Historical Population.....................................................................................................................4-1 Table 4-2 Projected Population for City's Potable Water Service Area.....................................................4-1 Table4-3 Historical Water Use...................................................................................................................................4-2 Table 4-4 Water Supply Demand Projections for City's Current Service Area (based on AverageDaily Demand)..................................................................................................................................................4-4 Table 4-5 Water Supply Demand Projections for City's Current Service Area (based on MaximumDaily Demand)..............................................................................................................................................4-4 Table 4-6 Additional Potable Water Demands met by the City of Boynton Beach...............................4-5 Table 4-7 Water Supply Demand Projections for City's Proposed Service Area (based on AverageDaily Demand)..................................................................................................................................................4-8 Table 4-8 Water Supply Demand Projections for City's Proposed Service Area (based on MaximumDaily Demand)..............................................................................................................................................4-8 Table 5-1 Summary of Raw Water Demand and Supply Projections (using ADD)...............................5-1 Table 5-2 Summary of Raw Water Demand and Supply Projections (using MDD)..............................5-1 Table 7-1 Summary of East Wellfield Upgrade Projects..................................................................................7-1 Table 7-2 Summary of Remote Storage and Pumping Facility Project......................................................7-2 Table 7-3 Summary of New SAS Production Wells Project.............................................................................7-2 Table 7-4 Summary of Reuse Distribution System Project.............................................................................7-2 Appen -a-'ices Appendix A-SFWMD CUP Revision Appendix B- Interlocal Agreement between Palm Beach County and City of Boynton Beach Appendix C- 10-Year Capital Improvement Program QDM Smith ©CDM Smith 2020 361790-241252.03.12 Page 375 of 667 Section Introduction The purpose of the City of Boynton Beach Water Supply Facilities Work Plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's utility service area. Chapter 163, Part II, Florida Statutes requires the local government to prepare and adopt Work Plans into their comprehensive plans within 18 months after the South Florida Water Management District(SFWMD) approves its updated regional water supply plan. The 2018 Lower East Coast(LEC) Water Supply Plan Update, for the 2016- 2040 planning period,was approved by SFWMD on January 14, 2019. This 10-Year Water Supply Facilities Work Plan Update for the City of Boynton Beach has the following objectives: ■ Identify population and water demands of the City for the planning period of 2020 to 2040. ■ Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. ■ Identify sources of raw water needed for potable water supply to meet demands through the year 2040. ■ Identify additional potable and/or reclaimed water supply initiatives. ■ Describe the conservation practices and regulations utilized by the City to meet water supply demand. SmithQDM 1-1 ©CDM Smith 2020 361790-241252.03.12 Page 376 of 667 Page 377 of 667 Section Background Information Included in this section is a brief overview of the City of Boynton Beach, including information on regional water supply issues. 2.1 Overview The City of Boynton Beach has grown steadily, and the City is the third largest municipality in Palm Beach County with a population that has risen to a present number of approximately 78,000 residents. According to the United States Census Bureau, in 2010,the population per square mile was 4,217 and total land area was 16.1 square miles.The approximate boundaries are Hypoluxo Road to the north,the Lake Worth Drainage District(LWDD) L-30 to the south,the LWDD E-3 Canal to the west and the Intracoastal Waterway to the east.Figure 2-1 provides a depiction of the City's utility service area boundaries. Boynton Beach Utilities provides drinking water services and wastewater services for approximately 112,000 customers in Boynton Beach,some areas of unincorporated Palm Beach County,neighboring municipalities such as Town of Briny Breezes, Town of Ocean Ridge,and parts of the Village of Hypoluxo. 2.2 Regional Issues According to the 2018 SFWMD LEC Plan Update,various regional water supply issues continue to influence water supply planning efforts such as: ■ Increased withdrawals from the Surficial Aquifer System (SAS) are limited.This limitation is due to potential impacts on the regional system,wetlands and existing legal water uses. Also,this limitation is related to the potential for saltwater intrusion. • The City of Boynton Beach has a Consumptive Use Permit(No. 50-00499-W)valid through December 2029.The City continues to expand the reclaimed water program in an effort to lower water consumption and maintain withdrawals within the permitted allocation. • The Utilities Element of the City's Comprehensive Plan,last updated in 2015, includes the following objective: Objective 3.D.1 The City of Boynton Beach will protect and maintain the functions of natural groundwater aquifer recharge areas. Six (6) policies were created to support this objective and include: cooperating with Palm Beach County to enforce the Wellfield Protection Ordinance; designating areas having the greatest recharge potential as low impact development or as conservation areas in the City's future land use plan; cooperating with other local governments to protect areas with the greatest CDM Smith 2-1 ©CDM Smith 2020 361790-241252.03.12 Page 378 of 667 Section 2 e Background Information recharge potentials that extend beyond the City limits; requiring environmental review of hazardous waste generators prior to issuance of occupation licenses; ensuring,where possible,that water management plans for emergency flood situations avoid irreversible impact on ecological systems, and; minimizing the negative impacts of existing land use activities on surface water and groundwater quality and quantity through appropriate water quality management techniques. ■ The Lake Okeechobee Service Area Restricted Allocation Area (RAA) criteria limits surface water allocations from Lake Okeechobee and hydraulically connected surface waters. • The City of Boynton Beach is not located within the Lake Okeechobee Service Area. The City only withdraws water from groundwater wells and does not plan on seeking allocation from Lake Okeechobee,or other connected surface waters,in the future. ■ Current water storage capacity and surface water availability sometimes is insufficient to meet water demands. • This regional issue is not considered a concern for the City of Boynton Beach. The City has sufficient water storage capacity to meet water demands including ASR wells. ■ For coastal regions such as in South Florida,climate change and sea level rise are issues of concern. Sea level rise affects flood control operations at coastal structures and contributes to inland movement of saltwater into aquifers. • The City is planning a sustainability study to investigate potential impact of climate change on the City's infrastructure. ■ Conservation continues to be relied upon to reduce per capita water use and to delay or avoid adding supply capacity. • The City of Boynton Beach has adopted various ordinances,such as the Florida Friendly landscaping ordinance, among others,that support water conservation.The City has also implemented a reclaimed water use program and a public information program to further support the water conservation efforts. Section 6 of this Workplan provides detailed information on water conservation measures. ■ Use of reclaimed water continues to be an important alternative water supply source in the region. • The City distributes reclaimed water to customers within the water service area through a reclaimed distribution water system. Reclaimed water from the South- Central Regional Wastewater Treatment Plant(SCRWWTP) is shared between the City of Boynton Beach and the City of Delray Beach. The City of Boynton Beach distributes reclaimed water to customers within the water service area through a reclaimed distribution water system. Reclaimed water is primarily used for irrigation purposes. Remaining effluent from SCRWWTP that is not reused is discharged into a deep injection well. QDPA 2-2 Smith ©CDM Smith 2020 361790-2p2age2379 of 667 Section 2• Background Information • The 2017 Florida Department of Environmental Protection (FDEP) Reuse Inventory presented a 2016 average daily reuse flow at the SCRWWTP of 7.01 million gallons per day(MGD).This is equivalent to a reuse percentage of 40%.Through the City's Capital Improvements Program,the City plans to continue to expand its reclaimed water distribution system as an alternative water supply source. Based on the 2025 Ocean Outfall Legislation requirement,this facility has a 60%reuse target goal for year 2040. • The Lower East Coast Regional Water Availability Rule. In 2009,the City received a Water Use Permit allocation above the base condition water use. This surficial withdrawal permit allocation was conditioned to terminating or reducing existing irrigation permits within the City's service area and converting these demands from the SAS to reclaimed water and making water available for reallocation. The City also increased its ASR system capacity to reduce its dependence on SAS withdrawals during the dry season. QDMSmith 3 Page380of 667 Section 2 s Background Information 6 PSIrr Legend 11 VIl 1 14"4 BERM EAR E.A LAKE.CLARKE SH Lantana 8 E L F,SU PPLI ED COMPAIJIN ITIE8 A 30Gi sq M % q ""Oi '-,"v"'V............... J To 41 ........................... FIGURE 2-1 CITY BOUNDARIES AND POTABLE WATER SERVICE AREA 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 9 1 2 CDrA Smith QDPA 2-4 Smith ©CDM Smith 2020 361790-2p?52.03.1 ,age 2 381 of 667 Section 3 Existing Water Supply Facilities This section presents an overview of the service areas were potable water is served and the existing facilities used by the City of Boynton Beach to obtain,treat,and distribute water to its customers. Raw water supply,water treatment, storage and distribution facilities are described herein. 3.1 Service Area Boundaries 3.1.1 Potable Service Area Boundary Boynton Beach Utilities provides drinking water services for customers in Boynton Beach, some areas of unincorporated Palm Beach County, neighboring municipalities such as Town of Briny Breezes,Town of Ocean Ridge, and parts of the Village of Hypoluxo. The water service area covers approximately from Hypoluxo Road south to the City of Delray Beach,from the Atlantic Ocean west to the E-3 Canal west of Military Trail. The City of Boynton Beach city limits and potable water service area are shown in Figure 2-1. Reclaimed Water Service Area Boundary Wastewater is collected from both the City of Boynton Beach and City of Delray Beach and treated at the South-Central Regional Wastewater Treatment Plant(SCRWWTP). The reclaimed water is then shared by these two municipalities. In Boynton Beach,reclaimed water is served to both private and public facilities.Various golf courses in the area use reclaimed water for irrigation purposes. Figure 3-1 presents the City's existing reclaimed water distribution system. 3.1.3 Self-Supplied Systems The City of Boynton Beach has five (5) communities within the water service area that are self- supplied which include: High Ridge, Colonial Estates, Pine Grove Village.West Boynton Place and Floral Drive.Figure 3-2 shows the location of self-supplied systems.These self-supplied systems have the following characteristics: ■ High Ridge - No permit information was found. ■ Colonial Estates has General Water Use Permit No. 50-10245-W for a public water supply of 450 people with an average per capita use rate of 111 gallons per day.This permit was issued on March 25, 2013 and expires on March 25, 2033. Existing withdrawal facilities include two (2) Surficial Aquifer System Wells with an annual allocation of 18.24 million gallons (MG) and a maximum monthly allocation of 1.55 MG. ■ Pine Grove Village has General Water Use Permit No. 50-02858-W for a public water supply of 270 people and a landscape irrigation system. This permit was issued on December 20, 2006 and expires on January 1, 2027. Existing withdrawal facilities include two (2) Surficial Aquifer System Wells with an annual allocation of 14.31 million gallons (MG) and a maximum monthly allocation of 1.76 MG. QDM Smith 3-1 ©CDM Smith 2020 361790-241252.03.12 Page 382 of 667 Section 3 e Existing Water Supply Facilities di I � I � v r L�_ F1 I— I LJ _ -- ®If t I k6 4 LJ �1 4 3o ,ntoh Beadi t p t` 5 — Briny f"-'Zes •'S ,�i � a �d��r gi p �a,+, ( ( 7 14"j �` ', Gulf tr am I '$ ,,r „ LI }, LEGEND � SCRW/TP CiRyLarnits Existing Reclaimed Water Line � w.�i'I:i Rd Proposed Reclaimed Water LineDelray Beach �j� �s � al Q FIGURE 3-1 EXISTING AND PROPOSED RECLAIMED WATER DISTRIBUTION SYSTEM 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 1 2CDM Mile smit Cora 3-2 Smith ©CDM Smith 2020 361790-2n&2383 of 667 Section 3• Existing Water Supply Facilities J v K l V €k61 E r� TCV7 ' FtL�'yi.�F�I+y'99A� L yD{R�Iq 5 E ��L ! 1'I b 4�-"o A r` N0f rvii or, FL i L �. ROYAL MANOR L��I{{ [, f f .. ....... .':...... ......... ......... 4 > t 1,ENC9 Sfk Hr f CzyLirTift N VILLAGE Pd vate sy'sta Ms SubdivisionQr� e VVES"f IXINIAG, 1FIC MORIIA HOW Pi04Kr� B0YN70N FLORAL DRIVE NO>�T'H OF G A7,Ea A-:V+ tizg.° �s. Ii1 fI '�, PI-2 B IN I L viii{V L4c�E Prj J4'A1vyii OF OA -LVWA�t n o FINE C'aR'+C7 F VILLAGE LEr �.akl�fs �, t,f �,�"k�eS S,° tt VrES,7 DOYNT-0N PL 2 0 IN C }1{4 Fio'rak.h.mAmaq, '1 vm r• � i � q k` E I" e G Aka, fit Coi_oNiAIr�cST,�TE� - FSO E,,ifARK p[h F.. I a d.�1 1 a a4L< FIM 3-2 LOCATIONOF SELF—SUPPLIED COMMUNITIES 110—YEAR WATER SUPPLY FACILITIES WORK, PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 1 t COM Mfl SmithCDM 3-3 ©CDM Smith 2020 361790-241252.03.12 Page 384 of 667 Section 3 e Existing Water Supply Facilities ■ West Boynton Place- No permit information was found. ■ Floral Drive- No permit information was found. 3.2 Water Supply Sources Fresh groundwater is the main source of water supply for the City's potable water production. The City's groundwater supply sources include the Surficial Aquifer System (SAS) and the Floridan Aquifer System (FAS).The City's Public Water Supply is permitted by the South Florida Water Management District under Consumptive Water Use (CUP) Permit No. 50-00499-W.This permit was first issued in 1978 and the latest permit modification had a final approval/action date of December 10, 2009.A modification to this permit was issued on September 4, 2018 and is included as Appendix A.The permit has an expiration date of December 10, 2029. Critical limiting conditions for the permit include: 1. Annual allocation is 7,614.88 MG (20.86 Million Gallons per Day (MGD)). 2. Maximum monthly allocation is 698.43 MG. 3. Annual withdrawals from the SAS Eastern Wellfield of 2,373 MG. On an annual average day basis,this is equivalent to 6.5 MGD. 4. Total maximum monthly allocation from the FAS is 192.5 MG S. When the Lake Worth Drainage District is not pumping water from Water Conservation Area 1 via Control Structures 1 or 3 or has not opened any of the G94 structures,the City may withdraw additional SAS water so as to be able to recharge the Aquifer Storage and Recovery(ASR)wells by an average rate of 5.0 MGD of finished water. 3.2.1 Surficial Aquifer System Wellfields Two surficial wellfields,the Eastern Wellfield and the Western Wellfield,supply raw water to the City. The Eastern Wellfield is comprised of 19 existing wells.The Western Wellfield is comprised of 11 existing wells. Table 3-1 and Table 3-2 provide details for the SAS Wells. 3.2.2 Aquifer Storage and Recovery ASR wells are used during the wet season to store excess water from the Surficial Aquifer in the Upper Floridan aquifer. During the dry season,ASR wells are used to supplement water from the Surficial Aquifer. Two (2)ASR wells are located in the Eastern Wellfield. Per the limiting conditions of CUP Permit No. 50-00499-W,the maximum monthly withdrawals for ASR wells are limited to 155.0 MG.Table 3-3 and Table 3-4 provides details for the ASR wells. 3.2.3 Floridan Aquifer System Wells The City is planning to install three (3) FAS wells by 2023. The total maximum monthly allocation from the proposed FAS wells shall not exceed 37.5 MG. com 3-4 Smith ©CDM Smith 2020 361790-2n&2385 of 667 Section 3• Existing Water Supply Facilities Table 3-1 Construction Data and Status of Surficial Aquifer Production Wells,City of Boynton Beach Eastern Wellfield MEN m omo 1E 1946 8 54 48 875 Existing 2E unknown 8 60 49 850 Existing 6E 1961 12 76 54 500 Existing 7E 1961 12 74 54 750 Existing 8E 1963 12 70 50 750 Existing 9E 1963 12 103 73 600 Existing 10E 1989 16 105 unknown 1,000 Existing 11E 1989 16 80 65 1,000 Existing 12E 2008 16 105 80 1,100 Existing 13E 1989 16 80 unknown 1,000 Existing 14E 1989 16 273 235 1,000 Existing 15E 1978 12 233 200 750 Existing 16E 1978 12 233 200 550 Existing 17E 1983 12 201 165 750 Existing 18E 1983 12 200 165 750 Existing 19E 1983 12 205 170 750 Existing 20E 1983 12 203 168 750 Existing 21E 1983 12 204 168 750 Existing 22E 1983 12 203 168 750 Existing Total Firm Capacity 14,125 Table 3-2 Construction Data and Status of Surficial Aquifer Production Wells,City of Boynton Beach Western Wellfield MEME m omo a m 1W 1987 16 163 132 1,500 Existing 4W 1987 16 159 129 1,500 Existing 5W 1987 16 150 126 1,500 Existing 6W 1987 16 161 131 1,500 Existing 7W 1987 16 161 131 1,500 Existing 8W 1987 16 151 121 1,500 Existing 9W 1987 16 167 137 1,500 Existing 10W 1987 16 160 132 1,500 Existing 11W 1987 16 153 123 1,500 Existing 12W 1987 16 163 131 1,500 Existing 13W 1987 30 235 134 1,500 Existing Total Firm Capacity 15,000 SmithCDM 3-5 ©CDM Smith 2020 361790-241252.03.12 Page 386 of 667 Section 3 e Existing Water Supply Facilities Table 3-3 Status of Aquifer Storage and Recovery Wells and Floridan Aquifer System Wells y ASR-1 16 909 804 1,400 Existing ASR-2 24 910 800 2,800 Existing F-1 16 1,400 950 1,300 Proposed F-2 16 1,400 950 1,300 Proposed F-3 16 1,400 950 1,300 Proposed Table 3-4 Aquifer Storage and Recovery Well Information a�� a ASR-1 2015-2018 70.52 9.041 12.8 ASR-2 2015-2018 48.376 42.075 87.0 Note:Source for ASR Information is 2019 Application for FDEP Group 7 Injection Well Operation Permit by Jacobs. 3.2.4 Reclaimedr The SCRWWTP collects and treats wastewater from the Cities of Delray Beach and Boynton Beach. This facility has an FDEP-permitted treatment capacity of 24.0 mgd,with an annual average daily flow of 17.37 mgd. In 2016,approximately 7.01 mgd of the treated wastewater was reused, 10.34 mgd was disposed of via deep well injection, and 0.02 mgd was disposed of via an ocean outfall. Reclaimed water shared between these two municipalities is primarily used for reuse irrigation purposes. Based on the Ocean Outfall Law requirements, and by 2025,the SCRWWTP will achieve a total reuse of 13.30 mgd or 60 percent reuse of total permitted flow.A deep injection well was constructed and operational in 2009,thereby nearly eliminating discharge through the ocean outfall; however, except for emergency discharges. The City distributes reclaimed water from SCRWWTP to customers within the City's water service area through a reclaimed distribution water system with pipe sizes ranging from six inches to 36-inches. In 2019,the City had a total of 52 reclaimed water users and a total of 1.5 million gallons of reclaimed was utilized by these users. Through the City's Capital Improvements Program,the City continues to expand its reclaimed water distribution system with the intent of utilizing additional reclaimed water capacity from the South-Central Regional Wastewater Treatment Plant.The City's reclaimed water distribution system is shown on Figure 3-2. 3.2.5 Bulk User Agreements On December 21, 2004,the City's Commission approved an Interlocal Agreement,between Palm Beach County and the City of Boynton Beach, for the purchase and sale of bulk potable water.The Agreement was first amended in 2007 and a second amendment was approved on October 22, 2013.The second amendment allows the City to maintain a permanent capacity of one (1) MGD of COM 3-6 Smith ©CDM Smith 2020 361790-2n&2387 of 667 Section 3• Existing Water Supply Facilities Palm Beach County's potable water system.The termination date of this Interlocal Agreement is December 31, 2043. In addition to the provision of bulk potable water,there is a provision for the purchase of up to five (5) MGD of emergency potable water,as needed and with advance notice. Potable water purchased from Palm Beach County is blended with the West Water Treatment Plant(WTP) finished water. 3.3 Water Treatment Facilities The City owns and operates two (2) water treatment facilities.These facilities are known as the East WTP and West WTP.A description of these facilities is presented in the sections that follow. 3.3.1 r Treatment Plant The East WTP is located at 124 East Woolbright Road.An aerial view of the East WTP is shown on Figure 3-3. In 2017,the plant was upgraded and is now equipped with a state-of-the-art Magnetic Ion Exchange (MIEX) pretreatment system to treat water transported from the eastern wellfield via a 6-mile long pipeline. FDEP Permit No. 138271-493-WC allows for a finished water maximum day treatment capacity of 24 MGD. The East WTP treatment efficiency is 97 percent. The East WTP has flexibility in utilizing various supplies of raw water including SAS wells located at the East Wellfield, SAS wells at the West Wellfield, and ASR wells at the East WTP. Since the current CUP allocations are not adequate to provide sufficient raw water to operate the expanded capacity at the East WTP and the current capacity of the West WTP,the City will be required to balance raw water transmission to the East and West WTPs to meet permit requirements,satisfy overall system demand,and meet all necessary distribution system pressure requirements. For the period of January 2015 through December 2019,the East WTP finished water average daily flows ranged seasonally from 2.16 mgd to 10.27 mgd with maximum day flows ranging from 5.41 mgd to 12.84 mgd. 3.3.2 West Water Treatment Plant The West WTP is located at 5469 West Boynton Beach Boulevard, east of the Lake Worth Water Management District's E-4 Canal.An aerial view of the West WTP is shown on Figure 3-4.This plant uses nanofiltration (membrane softening)to remove hardness related water quality parameters in the western wellfield water and has a permitted maximum day treatment capacity of 10.44 MGD. The process at this plant consists of pre-filtration,membrane softening, degasification and chlorination. Raw water for this WTP comes from the western wellfield,which can provide an average daily flow up to 14.36 MGD (per CUP's allocations). The membrane treatment efficiency is 85 percent and the WTP is permitted to bypass up to 20 percent of raw SAS water which is then chlorinated and blended with the membrane plant throughput. For the period of January 2015 to December 2019,the West WTP finished water average daily flows ranged seasonally from 3.98 mgd to 9.90 mgd with maximum day flows ranging from 4.38 mgd to 18.74 mgd. SmithCDM 3-7 ©CDM Smith 2020 361790-241252.03.12 Page 388 of 667 Section 3 e Existing Water Supply Facilities — +,t — _ I ��l & e � A P, - --- 71 }t y ' T { r l t i,� wi a rl>, 1 li 9 Cdr t 3 til}t£#ri' V tJ ,;} wow �l �} v Ca4` E >y1, I," d� s Jt 41 } t tl"tq�pl 2t 7ji t h" 1 1 J i St k t t S s � tr t — tt tt r 1,. t 1 S � t �� �v � 1t } _ } 1 l , FIGURE 3-3 N EAST WATER TREATMENT PLANT 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 9 15a300CD reet Cora 3-8 Smith ©CDM Smith 2020 361790-2n&2389 of 667 Section 3• Existing Water Supply Facilities a f F , w.t - �j - �, t 1 t - i, $, - S ■#, LILY 4 t iq `( FIGURE 3-4 N WEST WATER TREATMENT PLANT 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 1001 20q CDM Feet Smikh SmithCDM 3-9 ©CDM Smith 2020 361790-241252.03.12 Page 390 of 667 Section 3 e Existing Water Supply Facilities 3.4 Water Storage The City has one elevated concrete water storage tank and four (4) concrete ground storage tanks.At the East WTP,a 1.5 MG elevated water storage tank helps maintain system pressure and a new 3.0 MG ground storage tank is used for finished water storage for re-pumping to boost distribution system pressure.At the West WTP, a 3.0 MG ground storage tank is used for blending water purchased from Palm Beach County Utilities.The Miner Road Repump Station has a 3.0 MG ground storage tank and the Woolbright Road Repump Station has a 1.0 MG ground storage tank, which are used to balance water production and peak demands. 3.5 Water Distribution .5.1 Water Distribution Potable water produced at the East WTP and West WTP is distributed to the Service Area through a water distribution system that is comprised of approximately 448 miles of water mains. Figure 3-5 shows the existing water mains,which have pipe sizes ranging from six inches to 42-inches. At the East WTP,there are two (2) discharge pipelines which are 24-inches and 30-inches in diameter and connect to smaller diameter water mains to distribute water.At the West WTP, there is one 42-inch diameter discharge pipe that splits into two (2) 30-inch water mains that support water transmission and distribution. COM 3-10 Smith ©CDM Smith 2020 361790-2n&2391 of 667 Section 3 e Existing Water Supply Facilities Av. gar 41 �T Jii % v Al 4� K7 r 41 VVEST j �,,wvn ...... Bekh sm'[Nil A*mb OT br 04, kq— �A7 q r R� LEGEND IV CityLimitz ............11 kllpv Drazzos JIM vvatpr greatmentl:�w 4 ti 49, A T ir 01 Diameter .......................... 6 A ........ .. 12, j" 14, 7A 01 ------------- 4 2" k' FIGURE 3-5 N EXISTING WATER DISTRIBUTION SYSTEM 110-YEAR WATER SUPPLY FACILITIES WORK, PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA CDM smith CDM Smith 3-11 ©CDM Smith 2020 361790-241252.03.12 Page 392 of 667 Section 3 e Existing Water Supply Facilities 3.5.2 Interconnections The City has emergency interconnection agreements with Palm Beach County, City of Delray Beach, Town of Gulfstream,Village of Gulf,and Town of Lantana. Potable water purchased from Palm Beach County is blended with the finished water through the interconnection located at the West WTP. There is a second interconnection with Palm Beach County at Flavor Pict Road. Other interconnections are available for maintenance emergency needs only and valves are normally closed.All interconnections are metered. Table 3-5 lists the locations of the interconnections. Table 3-5 Locations of Interconnections with Other Entities ' Y ffi ffi ffi ffi Y ' Palm Beach Interconnect 1 5469 West Boynton Beach 12-inch pipe with 8-inch Blvd meter Palm Beach Interconnect 2 Flavor Pict Road West of 12-inch pipe with 8-inch Military Trail meter Palm Beach Interconnect 3 Hypoluxo and Hypoluxo 12-inch pipe with 8-inch Farms meter Lantana Interconnect 1 Hypoluxo and Seacrest 6-inch meter com 3-12 Smith ©CDM Smith 2020 361790-2n&2393 of 667 Section 4 Population and Water Demand Projections The intent of this section of the Work Plan is to provide the data related to historical population and to present population projections and water demand analysis for the 2020-2040 planning period. 4.1 Historical Population Information The Bureau of Economic and Business Research (BEBR) at University of Florida prepares and publishes population estimates for every county and subcounty area in Florida.These estimates are produced using the housing unit method and solely reflect permanent residents and do not include seasonal or other temporary residents. Historical populations for the City are shown in Table 4-1 from Year 2010 through Year 2019. The average annual population increase during this period is 1.46 percent. Table 4-1 City's Historical Population Oil III 68,217 68,409 68,741 70,131 71,608 72,784 73,163 73,992 76,756 77,696 0.28% 0.49% 2.02% 2.11% 1.64% 0.52% 1.13% 3.74% 1.22% Note:Florida Estimates of Population,University of Florida's Bureau of Economic and Business Research 4.2 Projected Population for Potable Water Service Area Projections of permanent resident populations in Palm Beach County (PBC) are primarily based on sub-county projections published by the County's planning division.At the local level, PBC's planning division staff uses BEBR medium projections of permanent resident population and apply these to smaller geographies in order to produce the Population Allocation Model,which is a land use-based allocation model that is updated every other year.This model is based on Traffic Analysis Zones (TAZ) contained within the potable water service area. Table 4-2 presents information related to the projected population for the City's potable water service area from 2020 through 2040. The data was obtained from the 2018 Lower East Coast Water Supply Plan. Table 4-2 Projected Population for City's Potable Water Service Area 1 11 1 1 1 111 1 I' l Total Population for Boynton 107,646 113,090 121,542 126,509 130,858 134,809 Beach Utility Service Area Note: Projected Population data was obtained from the 2018 Lower East Coast Water Supply Plan Update QDM Smith 4-1 ©CDM Smith 2020 361790-241252.03.12 Page 394 of 667 Section 4• Population and Water Demand Projections 4.3 Historical Water Use Potable water is produced at the City's East WTP and West WTP.The City's finished water production data for these two water treatment plants was obtained from January 2015 through December 2019 Monthly Operating Reports and are summarized in Table 4-3. The average finished water production data (in MGD) and population estimate data was used to calculate the estimated City's water use rate. Water Use Rate=Population Served/Average Finished Water Produced The average per capita consumption was calculated to be 125 gallons per capita per day(gpcd). This consumption rate was multiplied by a factor of 5%to obtain a planning level water use rate of 131 gpcd. A peaking factor of 1.18 was then used to obtain a planning level per capita maximum water use rate of 154 gpcd. These estimated water consumption rates are considered for planning purposes and are used to estimate water demand projections for the planning period of 2020 to 2040. Table 4-3 Historical Water Use 2015 106,351 4947 13.30 15.60 1.17 125 147 2016 107,646 4897 13.16 15.21 1.16 122 141 2017 109,007 5076 13.87 16.31 1.18 127 150 2018 110,368 5215 14.25 16.83 1.18 129 152 2019 1 111,729 1 4868 1 13.30 15.82 1 1.19 119 1 142 Average 125 146 Water Use Rate: Planning Level Factor 6 7 (5%): Planning Level 131 154 Water Use Rate: Notes:Population served based on 2018 LEC Water Supply Plan Update. Total Water Production and Average Finished Water Daily Demand obtained from Monthly Operating Reports(2015 to QDM 2019). Smith 4.4 Water Dernan dl Projections 4.4.1 r Demands for Existing Service Area Finished water demand projections through year 2040 are presented in Table 4-4 and Table 4-5. Finished water demand projections were based on current population estimates, future population estimates and a single per capita average day demand of 131 gpcd. As shown on Table 4-4, average-day finished water demand for the existing service area increases from 14.10 MGD, in 2016, up to 17.66 MGD in 2040.The City's maximum-day finished water demands were calculated using a maximum day per capita water use rate of 154 gpcd. CDM 4-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 395 of 667 Section 4• Population and Water Demand Projections As shown on Table 4-5, maximum water supply demands increase from 16.58 MGD,in 2016, up to 20.76 MGD in 2040. The Potable Water Sub-Element of the City's Comprehensive Plan, last updated in 2015,includes the City's Potable Water Level of Service Standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment. This Level of Service was adopted in a prior Comprehensive Plan (prior to 2015).The City's average per capita consumption,based on historical data, is 131 gpcd and the maximum per capita consumption is 154 gpcd.As presented in Section 4.3,the per capita consumption rates were calculated using population and finished water production data. SmithQDM 4-3 ©CDM Smith 2020 361790-241252.03.12 Page 396 of 667 / \g !§ _ &/ _ � > E - A \ 00 \ / (D ® S 4- 00} ° § m # § 00 E q / § o 0) c n \ a c c e k m E e m k . 0 0 ^ \ 2 2 , - Ln \ � _ / § § � « \ « ± S E 7 S e 7 / / 41 ~ \ g g % ` \ % / ` \ \ § G § G 0 0 % . § % § E \ / 2 E \ \ ) 2 1 / / C _ _ \ � _ \ 2 } 2 } 41 7 1 7 \ \ u \ \_ Jco & / / m \\ � \ \ 7 Section 4• Population and Water Demand Projections 4.4.2 Additional Water Demands The City has reached an agreement with the Town of Hypoluxo and three (3) mobile home parks to provide them with potable water. The Tropical Breeze Mobile Home Park was added to the City's potable water service area last May 2019.Figure 4-1 shows the future potable water service area and additional users. Data provided by the City indicate that a total of 1,414 additional units will be served with potable water as shown in Table 4-6 below.Using a factor of 2.52 person per household,the additional units were converted into equivalent population.The water per capita consumption for these communities is unknown but,for planning purposes, it was assumed that these communities would have the same estimated average per capita consumption as the City. Therefore,the estimated City's water use rate of 131 gallons per capita per day was used to calculate an additional water demand of 0.47 MGD. Table 4-6 Additional Potable Water Demands F3 �y Tropicalleze Mobile Home Park 324 816 131 0.11 (Served by City since May 2019) Mobile Home Park Parry Village (To be served by City beginning 100 252 131 0.03 March 2020) Town of Hypoluxo To be served beginning 550 1386 131 0.18 September 2020 Royal Manor Mobile Home Park(2020) 440 1109 131 0.15 Total Additional Population in Utility 1414 3563 0.47 Service Area 4.4.3 Water Demands for Proposed Service Area Finished water demand projections for the proposed service area are presented in Table 4-7 and Table 4-8.These projections for the proposed service area include the Boynton Beach Service Area populations and the additional potable water demands identified previously on Table 4-6. Figure 4-1 shows the future potable water service area and additional users. The Boynton Beach Service Area population projections were obtained from the 2018 LEC Water Supply Plan Update (LEC Plan). Appendix E of the LEC Plan includes a Summary for the City of Boynton Beach Public Water Supply(PWS). Footnote"a"of this summary states that the additional population and demand for Town of Hypoluxo is included in the City's data starting in 2020.After carefully studying the LEC Plan, it was concluded that the additional population and demand for Town of Hypoluxo is included in the City's data starting in 2025,not in 2020.This can also be confirmed by looking at the population reduction from Town of Manalapan,which currently serves potable water to certain areas of the Town of Hypoluxo.A reduction in o ulation for Town of Manalapan is shown in year 2025. Smith4-5 ©CDM Smith 2020 361790-241252.03.12 Page 398 of 667 Section 4• Population and Water Demand Projections Since the City will begin serving the additional population of Town of Hypoluxo beginning on year 2020,it was decided to add this population increase to year 2020 in order to properly estimate demands for that year. This information is reflected on both Table 4-7 and 4-8. The City's average-day finished water demands were calculated using an average day per capita water use rate of 131 gpcd.As shown on Table 4-7,average water supply demands for the proposed service area increase from 14.10 MGD, in 2016,up to 18.00 MGD in 2040. The City's maximum-day finished water demands were calculated using a maximum day per capita water use rate of 154 gpcd.As shown on Table 4-5, maximum water supply demands for the proposed service area increase from 16.58 MGD,in 2016,up to 21.16 MGD in 2040. 4-6 ©CDM Smith 2020 Page 399 of 667 Section 4 e Population and Water Demand Projections Legend ON L3, R"d j Ckyl-in A,, SERVICEAREA Ut M'�A KL-,CLARKI�,"PH a JMM'SELF,SUPPLIEID COMPAUNMES Lai n ADDITIONAL POTABLE WATER UPSERS AIJ V 5 01� L f �('MVW,"'i PT S1 R('�V'idMvlor MiApi J Marra Village WOE � A A Vila�fi 0` .r Crr M 10- -—----------- R Opp Be h roo"Bayf" 8'em"m 'W S 41 it r iip y raezfn "w arm tn� LJ L FIGURE 4-1 N FUTURE POTABLE WATER SERVICE AREA 10-YEAR WATER SUPPLY FACILITIES WORK, PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 1 2 CDM simit i QDM Smith 4-7 ©CDM Smith 2020 361790-241252.03.12 Page 400 of 667 � � o 0 ;d 'O mfl� yU.y ti .O--i OO OO tiO O lQ6 LN lD 'O to lo m � O O N5 N5rQo Tl6 Y2 N O O OE U NO ra ra EQ i E Q i -Z m O -Z m O N C N C N O in N O in " N a o a C -Z � a a o o vai C -Z -0 O 16 p •--� O O N0 O 16 .. ti O O O O N '� N O C.C.C. 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N N m m �j tD' m' 00' m' I, 0p `" - , > > ry .- Lfl v ° v a � .. - E Cj O N N M M Y •� 7 N N M n V 48 °- O1 8 K N N N N N Z uO m Page 403 of 667 Section ConservationWater The Utilities Element of the City's Water Comprehensive Plan, last updated in 2015,includes the following objective: Objective 3.C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, reuse and education. The following policies were created to support such objective: ■ Policy 3C.3.1 The City shall continue to annually advise users in Boynton Beach, during the dry season,to reduce potable water usage for landscape irrigation and to properly time irrigation activities. ■ Policy 3C.3.2 The City shall continue to enforce all water use restrictions consistent with any water shortage or water shortage emergency declared in accordance with SFWMD Shortage Plan. ■ Policy 3C.3.3 The City shall continue to utilize a water conservation rate structure to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. ■ Policy 3C.3.4 The City shall continue to encourage uses of non-potable water,including groundwater and treated wastewater effluent,for landscape irrigation where possible. ■ Policy 3C.3.5 The City shall continue to implement programs requiring or encouraging the use of water saving devices for irrigation systems,and plumbing fixtures in the City's service area. Specific actions that follow the policies listed above and work towards the reduction of water consumption include: ■ Permanent Irrigation Ordinance.The City enforces Palm Beach County Water Conservation and Irrigation Ordinance 93-3. This ordinance provides a permanent water conservation measure. ■ Rain Sensing Devices. Per Section 373.62, F.S.,all new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall.The City has adopted this as an ordinance. ■ Florida Friendly Landscaping.The City continues to promote the use of drought tolerant, quality landscapes that conserve water and are adaptable to local conditions. ■ Year-Round Landscape Irrigation Rule.The City has this policy in place and uses their website to provide the information to its customers. The City also utilizes social media to SmithQDM 6-1 ©CDM Smith 2020 361790-241252.03.12 Page 404 of 667 Section 6 e Water Conservation inform residents of drought conditions and remind them of the irrigation measures. The irrigation policy is based on South Florida Water Management District(SFWMD) Year- Round Landscape Irrigation Rule which permits up to three days per week of watering in Palm Beach County. Odd-numbered addresses may water lawns and landscapes on Mondays,Wednesdays and/or Saturdays. Even-numbered addresses may water on Tuesdays, Thursdays and/or Sundays.All watering should be done before 10 a.m.or after 4 p.m. This rule allows additional watering for new lawn and landscaping for up to 90 days, unless local landscape irrigation ordinances are in place. Users of Reclaimed Water are encouraged to conserve water voluntarily. ■ Ultra-low Plumbing Fixture Ordinance. The City adopted Ordinances No. 092-41 and 092- 42,which require new and replacement toilets,showerheads and other fixtures to be low flow. ■ Water Conservation Based Rate Structure. In 1990,the City Commission adopted an eight- tier conservation-based rate ordinance,whereby the more water used,the higher the rate per thousand gallons, as a means of reducing demands. In 2002,the Commission amended this ordinance to adjust the conservation-based rate structure.Under these amendments, the rate of the highest tier increased by 17 percent. ■ Leak Detection Program. The City's 2019 unaccounted-for loss report showed less than 10%loss. The City has a continuous program of distribution system upgrades and employs online pressure sensors in the system to assist with leak detention. These actions have allowed the City to consistently maintain a low unaccounted-for water loss rate. ■ Reclaimed Water Use. In 2019,the City had a total of 52 reclaimed water users and a total of 1.5 million gallons of reclaimed was utilized by these users.The City continues to implement the Reclaimed Water Program by adding distribution lines to the system. A preliminary route analysis has been completed and the City is currently working to identify the most efficient way to extend the reclaimed water system distribution lines.The intent is to extend the reclaimed water system towards the East(along US-1 and to the barrier island).The permitting and construction phases of this work will begin in late 2020. ■ Public Information Programs for Water Conservation.The City provides free tools, such as water saving kits and hose nozzles,to help reduce the population's water use in their homes. The Water Conservation Education Program offers classroom activities and installation of water saving devices to fifth grade students and teachers in the City's service area. The City's website also provides links to the SFWMD website which offers information on their Water Conservation Programs and Initiatives. QDPA 6-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 405 of 667 Section ProjectsWater Supply This section provides a brief description of the City's Capital Improvements Program (CIP) that are planned to be implemented in the next five (5)years that will provide additional supply water to the City.Appendix C has a complete list of the 10-Year CIP.The City continues to be dependent of the SAS as a raw water supply,but also has two (2)ASR wells in operation. The City has future plans to install three (3) FAS wells.These wells will not be installed by 2023 as originally planned since the City has maintained low water consumption rates. The City considers the installation of these FAS wells as a long-term solution for future water supply needs. The total maximum monthly allocation from the proposed FAS wells shall not exceed 37.5 MG. Recent actions taken by the City now allow the East WTP to receive water not only from the eastern wellfield but also from the western wellfield.A new 36-inch interconnect raw water main now allows the East WTP to receive supplement water and take advantage of the available treatment capacity. The City also continues to expand its reuse distribution system by adding segments of distribution piping to the existing system. Tables 7-1 through 7-4 below present additional details related to capital improvements projects being planned for the next five (5)years. Table 7-1 Summary of East Wellfield Upgrade Projects a a m= o a y a Project Description: Construction of a new 24-inch raw water main to increase flow from the East Wellfield to the East WTP.Currently,the East WTP has a 16-inch raw water main,which limits the water supply to the plant. Project Justification: This project is needed to meet future water demands Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $100,000 $0 $0 $0 $0 $100,000 Construction $650,000 $0 $0 $0 $0 $650,000 Other $0 $0 $0 $0 $0 $0 TOTAL $750,000 $0 $0 $0 $0 $750,000 SmithCDM 7-1 ©CDM Smith 2020 361790-241252.03.12 Page 406 of 667 Section 7 e Water Supply Projects Table 7-2 Summary of Remote Storage and Pumping Facility Project Project Description: Construction of a 3 MG potable water storage facility in the northeast quadrant of the Service Area. Project Justification: This project is needed to improve backup water supply and maintain level of service in this area. Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $3,050,000 $3,050,000 Other $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $3,050,000 $3,050,000 Table 7-3 Summary of New SAS Production Wells Project Project Description: Construction of new surficial wells Project Justification: This project is needed to support the proper functioning of the existing wellfield.The City plans to request the addition of new surficial wells for this purpose. Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction 1 $0 $0 $0 $0 $3,000,000 $3,000,000 Other $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $3,000,000 $3,000,000 Table 7-4 Summary of Reuse Distribution System Project Project Description: Continued expansion of reuse distribution system Project Justification: The City plans to continue the expansion of the reuse distribution system to utilize the capacity at the South-Central Regional Wastewater Treatment Plant Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $2,000,000 $2,000,000 $2,000,000 $2,000,000 $3,000,000 $10,000,000 Other $0 $0 $0 $0 $0 $0 TOTAL $4,040,000 $0 $0 $0 $3,000,000 $0 QDPA 7-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 407 of 667 Section ObjectivesGoals and The City of Boynton Beach has established goals and objectives as part of their Comprehensive Plan, last updated in 2015.The main goal of the Potable Water Sub-Element is described as follows: ■ Goal 3C. The City shall secure and maintain adequate potable water treatment and distribution facilities,take steps to minimize increases in demands,and maintain sufficient and equitable financing measures to provide services to potable water system customers. Under this main goal, a series of objectives have been delineated, as follows: • Objective 3C.1 The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through build-out. • Objective 3C.2 The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water System Modeling Study. • Objective 3C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, reuse and education. • Objective 3CA The City of Boynton Beach will operate its potable water system in such a way that all capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-for-service. • Objective 3C.5 The City will continue to prevent urban sprawl by requiring orderly compact development of the potable water service area as it approaches buildout. • Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. The City's 2015 Comprehensive Plan also includes the following relevant Objectives and Policies: • Policy 3C.1.5 The City shall continue to maintain the Level of Service Standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment. • Objective 3C.7 The City of Boynton Beach will implement the Water Supply Facilities Work Plan (WSFWP) in order to meet the City's water demand through 2030. The Work Plan will promote projects aimed at diversifying the City's sources of water to reduce SmithQDM 8-1 ©CDM Smith 2020 361790-241252.03.12 Page 408 of 667 Section 8 e Goals and Objectives dependency on the surficial aquifer and improvement of existing infrastructure to enhance the system's efficiency. • Policy 3C.7.1 The City shall maintain a Water Supply Facilities Work Plan for at least ten (10) year planning period addressing water supply facilities necessary to serve existing and future development within the City's water service areas.The Work Plan will be updated within 18 months following an update of the Regional Water Supply Plans. Policy 3C.7.2 The City shall coordinate with SFWMD to assure the consistency of its Work Plan with the East Coast Regional Water Supply Plan.The City will also coordinate planning efforts with those of all jurisdictions to which it provides water service regarding population projections and other water demand and distribution factors. The Capital Improvements Element,last amended on November 16, 2010, contains goals, objectives and policies relevant to water supply planning. ■ Goal 9. The City shall provide adequate public facilities to meet existing needs and accommodate future growth consistently with objectives and policies of all elements of this Plan through a comprehensive cost-effective funding strategy. Under this main goal, a series of objectives have been delineated, as follows: • Objective 9.1 The City shall provide,or arrange for others to provide,capital improvements necessary to correct deficiencies in existing public facilities,to serve projected future growth and to replace obsolete and worn-out facilities, in accordance with an adopted Capital Improvements Schedule. • Objective 9.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the scheduled provision of additional services at the adopted level of service standards and meet existing and future facility needs. • Objective 9.3 The City shall maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. • Objective 9.4 The City shall continue to provide that private developers participate on a proportionate share basis in any facility improvement costs necessary to maintain the adopted level of service standards specified in Policy 9.2.6 via capital facility charges, impact fees,and any other legally available and appropriate methods. Policy 9.2.1 through 9.2.12 describe the enforcement of the Concurrency Management System as set forth in the City's Land Development Regulations. Public facilities and services needed to maintain adopted Levels of Service standards shall be available concurrent with the impacts of development. For potable water supply and treatment,the availability of public facilities shall be determined using the Level of Service Standard of 200 gallons maximum daily flow per capita of peak population. The City of Boynton Beach will implement this Water Supply Facilities Work Plan in order to meet the City's demand through 2040. QDM 8-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 409 of 667 APPENDIX SmithSFWIVID CUP REVISION A-1 ©CDM Smith 2020 361790-241252.03.12 Page 410 of 667 Q,y ! , a 'y. i a WATER USE LETTER MODIFICATION APPLICATION • 1 - - DATE ® September 4, 2018 , 2029 CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 PROJECT ® CITY OF BOYNTON BEACH PUBLIC LOCATION.PROJECT PALM BEACH COUNTY, I 1-1 , — , , j f 1, S6-10,15-22,17-34fr45S/R43E District staff s reviewed the information submitted in support of the referenced application for permit modification(s) and determinedr ` ii s are i compliance i t vi s permit and the appropriatevisions of Rule -2. 1 (4)(a), Florida Administrative Code. The permitmodification (s) include the following: Plug of r Wellsn 1, as newer monitor wells have been installed rendering IIs redundant. In addition, Limiting iti been modifiedremove the reference to the temporary allocation of 2,555illigallons r year from terrn Wellfield, as the pipelineconnecting Ilfi I the Western Iil s been completed. understandPlease t your permit remains suj to the 29 LimitingConditions II other terms of the permith i i r vio issued. . . ..........................:...........:............ _................................................_.. Simon P.G. Section Leader Water Use Bureau Of 80VTON 3301 Gun Club ca eat Palm Beach, Florida 33406. ( 1) .s . v Application Number: 180807-5 a e 1 of 8 Page 411 of 667 LIMITING CONDITIONS 1. This permit shall expire on December 10, 2029. 2. Application for a permit modification may be made at any time. 3. Water use classification: Public Water Supply 4. Source classification is: Groundwater from: Floridan Aquifer System Surficial Aquifer System 5. Annum allocation shall not exceed 7,614.88 million gallons (MG). (20.86 MGD) Maximum monthly allocation shall not exceed 698.43 million gallons (MG). The following limitations to maximum monthly withdrawals from specific sources are stipulated: Floridan Aquifer System-: 192.50 MG. The following limitations to withdrawals from specific sources are stipulated: SurFicial aquifer system: Withdrawals from the Eastern Wellfield shall be limited to 2,373 MG annually (6.5 MGD). When the criteria of Limiting Condition 25 are satisfied, the Permittee may withdraw SAS water in addition to the above allocation to recharge its ASR wells by an average of 5.0 MGD of finished water. Upon completion of Phase 1 of the reclaimed water program, if the project's demands are greater than the base condition water use, the Permittee may submit updated groundwater modeling to request an increase in the surficial aquifer system allocation via full modification based upon the termination or reduction of base condition water use. Floridan aquifer system: The City's maximum month water use demand over the average SAS allocation will be met by withdrawals from the ASR wells throughout the permit duration and from the proposed FAS wells (anticipated to be installed by 2023). The total maximum monthly allocation from the FAS shall not exceed 192.5 MG Application Dumber: 180807-5 Page 2 of 8 Page 412 of 667 (maximum monthly withdrawals are limited to 155.0 MG for ASR wells, and 37.5 MG for the proposed FAS wells). 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at is any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address oft new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E-1.6107, F.A.C. Pursuant to Rule 40E-1.6107 (4), until transter is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit is occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL - 33435 7. Withdrawal facilities: Groundwater- Proposed: 3 - 1 X 1400'X 1300 GPM Wells Cased To 950 Feet Groundwater- Existing: 1 - 12"X 233' X 750 GPM Well Cased To 200 Feet 1 - 16"X 163' X 1500 GPM Well Cased To 131 Feet 1 - 12"X 70' X 750 GPM Well Cased To 50 Feet 1 - 16"X 160' X 1500 GPM Well Cased To 132 Feet 1 - 16"X 909' X 1400 GPM Well Cased To 804 Feet 1 - 30" X 235' X 1500 GPM Well Cased To 134 Feet 1 - 16"X 273' X 1000 GPM Well Cased To 235 Feet 1 - 12"X 74' X 750 GPM Well Cased To 54 Feet 1 - 16"X 80' X 1000 GPM Well With Unknown Cased Depth AppliGation Number 180807-5 Page 3 of 8 Page 413 of 667 1 - 16"X 80' X 1000 GPM Well Cased To 65 Feet 1 - 16"X 163' X 1500 GPM Well Cased To 132 Feet 1 - 16"X 105' X 1000 GPM Well With Unknown Cased Depth 2 - 16"X 161' X 1500 GPM Wells Cased To 131 Feet 1 - 16" X 105' X 0 GPM Well Cased To 80 Feet 1 - 8" X 60'X 850 GPM Well Cased To 49 Feet 1 - 12"X 201'X 750 GPM Well Cased To 165 Feet 1 - 12"X 204' X 750 GPM Well Cased To 168 Feet 1 - 16"X 150' X 1500 GPM Well Cased To 126 Feet 1 - 12" X 103' X 600 GPM Well Cased To 73 Feet 1 - 16" X 153' X 1500 GPM Well Cased To 123 Feet 1 - "X 910'X 2800 GPM Well Cased To 800 Feet 1 - 16"X 151'X 1500 GPM Well Cased To 121 Feet 1 - 12"X 76' X 500 GPM Well Cased To 54 Feet 1 - 12"X 200' X 750 GPM Well Cased To 165 Feet 1 - 16" X 159' X 1500 GPM Well Cased To 129 Feet 2 - 12" X 203' X 750 GPM Wells Cased To 168 Feet 1 - 8"X 54'X 875 GPM Well Cased To 48 Feet 1 - 12"X 233'X 550 GPM Well Cased To 200 Feet 1 - 16"X 167' X 1500 GPM Well Cased To 137 Feet 1 - 12"X 205' X 750 GPM Well Cased To 170 Feet 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (A) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (B) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee's Application Number: 180807-5 Page 4 of 8 Page 414 of 667 withdrawals, as determined through reference tot conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the hann. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (A) Significant reduction in water levels on the property to the extent that the designed function oft water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction oft water body. In cases where a permit was not required, the designed function shall be determined based on the purpose fort original construction oft water body (e.g. fill for construction, mining, drainage canal, etc.) (B) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (C) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference tot conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (A) Reduction in ground or surface water levels that results in harmful lateral movement oft fresh water/salt water interface, (B) Reduction in water levels that harm the hydroperiod of wetlands, (C) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (D) Harmful movement of contaminants in violation of state water quality standards, or (E) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. Application Number: 180807-5 Page 5 of 8 Page 415 of 667 12. Authorized representatives of the District, with advance notice to the permittee, shall be permitted to enter, inspect, and observe the permitted system to determine compliance with permit conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to: SFWMD at www.sfwmd.gov/e Permitting, or Regulatory Support, 3301 Gun Club Road, West Palm Beach, FL 33406. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 17, Prior to the use of any proposed water withdrawal facility authorized under this permit, unless otherwise specified, the Permittee shall equip each facility with a District- approved operating water use accounting system and submit a report of calibration to the District, pursuant to Section 4.1, Basis of Review for Water Use Permit Applications. In addition, the Permittee shall submit a report of recalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this permit every five years from each previous calibration, continuing at five- year increments. 18. Monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. The water accounting method and means of calibration shall be stated on each report. 19. The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction. Application Number: 180807-5 Page 6 of 8 Page 416 of 667 20. Permittee shall determine unaccounted-for distribution system losses. Losses shall be determined for the entire distribution system an a monthly basis. Permittee shalldefine the manner in which unaccounted-for losses are calculated. Data collection shall in within six months of Permit issuance. Loss reporting shall be submitted tot District on a yearly basis from the date of Permit issuance. 21. Permittee shall maintain an accurate flow meter at the intake of the water treatment plant for the purpose of measuring it in of water. 22. Every ten years from the date of permit issuance, the permittee shall submit a water use compliance report for review and approval by District Staff, which addresses the following: (A) The results of a water conservation audit that documents the efficiency of water use on the project site using data produced from an onsite evaluation conducted. In the event that the audit indicates additional water conservation is appropriate or the per capita use rate authorized in the permit is exceeded, the permittee shall propose and implement specific actions to reduce the water use to acceptable levels within timeframes proposed by the permittee and approved by the District. (B) A comparison of the permitted allocation and the allocation tnat would apply to the project based on current District allocation rules and updated populabon and per capita use rates. In the event the permit allocation is greater than the allocation provided for under District rule, the permittee shall apply for a letter modification to reduce the allocation consistent with District rules and the updated population and per capita use rates to the extent they are considered by the District to be indicative of long term trends in the population and per capita use rates over the permit duration. Int event that the permit allocation is less than allowable under District rule, the permittee shall appI y for a modification of the permit to increase the allocation if the permittee intends to utilize an additional allocation, or modify its operation to comply with the existing conditions of the permit. 23. The Water Conservation Plan required by Section 2.6.1 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District, must be implemented in accordance with the approved implementation schedule. 24. If at any time there is an indication that the well casing, valves, or controls leak or have become inoperative, repairs or replacement shall be made to restore the system to an operating condition. Failure to make such repairs shall be cause for filling and abandoning the well, in accordance with procedures outlined in Chapter 40E-3, Florida Administrative Code. Applicafion Number: 180807-5 Page 7 of 8 Page 417 of 667 25. The injection of water for storage in the City's ASR wells is prohibited when the Lake Worth Drainage District is pumping water from Water Conservation Area (WCA) 1 via Control Structures 1 or 3, or has opened any of the G94 structures for water supply purposes. When water supply deliveries are not being made from WCA-1, the Permittee may recharge the ASR system by an average of 5 MGD. 26. Public water utilities that control, either directly or indirectly, a wastewater treatment plant, and which have determined pursuant to Section 403.064, F.S., that use of reclaimed water is feasible, must provide the District with annual updates of the following information: (A) the status of distribution system construction, including location and capacity of lines; (B) a summary of uncommitted supplies for the next year; (C) copies of any new or amended local mandatory reclaimed water reuse zone ordinances; and (D) a list of end-users who have contracted to receive reclaimed water and the agreed upon quantity of water to be delivered. 27. The Permittee shall submit annual reports to the District providing information on the progress of the construction of the FAS wells and RO plant. Each report shall also contain projected activities for the year subsequent to the report submittal. The first report shall be submitted to the District by March 10, 2010, and subsequent reports shall be due at one year increments. In the event that any of the proposed elements are not on schedule and may result in the Permittee not being able to meet the limiting conditions, the Permittee will be required to submit an application to modify the permit. 28. The Permittee shall continue to implement the saline water intrusion monitoring program, which monitors the water level and chloride concentration within the surficial aquifer system at locations shown in Exhibit 1. . Within two months of permit issuance, the Permittee shall plug and abandon the following wells in accordance with Chapter 40E-3, Florida Administrative Code: Monitor Wells DM2, DM3, DMS, and SM1 Submit Summary of abandoned wells for Monitor Wells DM2, DM3, DM5, and SM1. Application Number: 180807-5 Page 8 of 8 Page 418 of 667 NOTICEOFRIGHTS As required by Sections 120.669 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for adm inistrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended provide legal advice. Not all of the legal proceedings detailed below maybe an applicable or appropriate remedy. You may wish to consultan attorney regarding ur legal rights. RIGHTIITHEARING A person whose substantial interests are or maybe affected bythe South Florida Water Management Districts (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests all file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions setfo herein,within 21 days of receiptof written notice of the decision, unless one of the following o r time periods apply. (1) within 14 days of the notice of consolidated intentio grantordenyconcu ntly vie applications forenvironmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. t; or( )within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat "Receipt of written notice of agency decision' means receipt of written notice through mail, electronic mail, or posting t the SFWIVID has or intends to take final agency action, or publication of notice that the SFWMD has or intends In take final agency action. Any person who receives wriltlen notice of a SFWMD decision and fails to file a written request for hearing within the fimetame described abovewaives the right to request hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise vide by law, have an additional Rule 28-106.111,Fla.Admin. Code,point of entry. Any person to whom an emergency oer is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewithimmediaiBly,but on petition to the board shall be afforded a hearing s soon as possible. A person may file a request for an extension of time for filing a petition. T he SFWMD may, for good cause, grant the request. Requestsr extension of time must be filed with the SFWMD priorto the deadline forfilin petition for hearing. Such requests r extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and thatthe SFWMD and anyother parties ag ree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period fbr filing a petition until the request is acted upon. FILING INSTRUCTIONS petition for administrative hearing must be filed i a Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made byrnail,hand-delivery,or e-mail. Filings byfacsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District`s normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m.shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are asfollows: • Filings by mail must be addressed to the Office of the District Clerk,3301 Gun Club Road,West Palm Beach, Florida 33406. Rev. 11108/16 1 Page 419 of 667 • Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office vvill receive and file the petition. • Filings bye-mail must be transmitted to the Office ofthe District Clerk atcle._ es m . o ' The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A partywho files a document bye-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATNE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301,Fla. Admin. Code, initiation of an administrative hearing shall be made bywritten petition to the SFWMD in legible form and on 8112 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number,application number, SFWMD file numberor any other SFWMD identification number,if known. 2. T he name,address, any email address,any facsimile num ber,and telephone numberof the petitioner and petitioners representative, if any. 3. An explanation of how the petitioners substantial interest will be affected by the agency determination. 4. A statementof when and how the petitioner received notice of the SFWMD's decision. . A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact east, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action th a petitionerwishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573,Fla.Stat.,and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla.Stat., atthis time. RIGHTI Pursuantto Section 120.68,Fla.Stat,and in accordance with Florida Ru ie of Appel late Procedure 9.110, a pa rty who is adverse lyaffected byfinal SFWMD action mayseekjudicial review ofthe SFWMD's final decision byf 11 ng a notice of appeal with the Office of the District Cie rkofthe SFWM D in accordance with the filing instructions set forth herein within 30 days of rendition of the orderto be reviewed,and byfiIing a copyof the notice with the c I e rk of the appropriate d istrict cou rt of a p peal. . 11108116 Page 420 of 667 i u X j r jtjv, e - �n l Nib r ins i E� F h I k s h, E 21 of 667 21 0. 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LU LL < = Z Page 9 of 10 Exhibit Page 430 of 667 w � v t9S 10 LU cd u. tL ass CL < CD r.- LL M CL Irlu .� a CL w. C ` a LU > •`" cm E EL � aw -J ® .® 0CL CL CLCL k' C6 E A t Page 431 of 667 Requirement a it Condition Report App No: 180807-5 Permit No: 50-00499-W Project Name: CITY OF BOYNTON BEACH PUBLIC WATER SUPPLY Permit Condition No: 17 Permit Condition Code: T 21- Facility Name Requirement Name Col Freq Sub FreqDue Date WELL- 1 E Calibration report for WELL 1 E Every Five Years Every Five Years 30-JUN-2023 WELL-20 (10E) Calibration report for WELL 20 Every Five Years Every Five Years 30-JUN-2023 (10E) WELL-22 (12E) Calibration report for WELL 22 Every Five Years Every Five Years 30-JUN-2023 REPLACEMENT (12E)REPLACMENT WELL-23 (13E) Calibration report for WELL 23 Every Five Years Every Five Years 30-JUN-2023 (13E) WELL-24(14E) Calibration report for WELL 24 Every Five Years Every Five Years 30-JUN-2023 (14E) WELL-25(15E) Calibration report for WELL 25 Every Five Years Every Five Years 30-JUN-2023 (15E) WELL-26(16E) Calibration report for WELL 26 Every Five Years Every Five Years 30-JUN-2023 (16E) WELL-27(17E) Calibration report for WELL 27 Every Five Years Every Five Years 30-JUN-2023 (17E) WELL-29(19E) Calibration report for WELL 29 Every Five Years Every Five Years 30-JUN-2023 (19E) WELL- 14(2E) Calibration report for WELL 14 Every Five Years Every Five Years 30-JUN-2023 (2E) WELL-30(20E) Calibration report for WELL 30 Every Five Years Every Five Years 30-JUN-2023 (20E) WELL-31 (21 E) Calibration report for WELL 31 Every Five Years Every Five Years 30-JUN-2023 (21 E) WELL-32(22E) Calibration report for WELL 32 Every Five Years Every Five Years 30-JUN-2023 (22E) WELL- 1 (1W) Calibration report for WELL 1 Every Five Years Every Five Years 30-JUN-2023 (1 W) WELL - 16 (6E) Calibration report for WELL 16 Every Five Years Every Five Years 30-JUN-2023 (6E) WELL- 17 (7E) Calibration report for WELL 17 Every Five Years Every Five Years 30-JUN-2023 (7E) WELL- 18 (8E) Calibration report for WELL 18 Every Five Years Every Five Years 30-JUN-2023 (8E) WELL- 19 (9E) Calibration report for WELL 19 Every Five Years Every Five Years 30-JUN-2023 (9E) WELL- 21 (11E) Calibration report for WELL 21 Every Five Years Every Five Years 30-JUN-2023 (11E) WELL-28(18E) Calibration report for WELL 28 Every Five Years Every Five Years 31-AUG-2023 (18E) WELL-4(4W) Calibration report for WELL 4 Every Five Years Every Five Years 31-JUL-2023 (4W) WELL-5 (5W) Calibration report for WELL 5 Every Five Years Every Five Years 31-JUL-2023 (5W) WELL-6 (6W) Calibration report for WELL 6 Every Five Years Every Five Years 31-JUL-2023 (6W) Page 1 of 5 Exhibit No: 3 Page 432 of 667 Requirement by Permit Condition Report Facility Name Requirement Name Coi Freq Sub Freq Due Date WELL-7(7W) Cali bration report for WELL 7 Every Five Years Every Five Years 30-JUN- { ) (7W) WELL-8(8W) Calibration report for WELL 8 Every Five Years Every Five Years 28-FEB-201 9 (8w) WELL-9(9W) Call bration report for WELL 9 Every Five Years Every Five Years 30-JUN-2023 (9w) WELL- I 1 (11 W) Calibration report for WELL 11 Every Five Years Every Five Years 30-JUN- (11 ) (IIW) WELL- 12 (12W) Calibrabon report for WELL 12 Every Five Years Every Five Years 31-JUL- (1 ) 1-JUL-(12W) WELL- 13(13W) Cali bration report for WELL 13 Every Five Years Every Five Years 31-JUL-2023 (1 3W) WELL- 10(10W) Calibration report for WELL 10 Every Five Year's Every Five Years 30-JUN-2023 (low) WELL-ASR-1 Calibrafion report for WELL ASR- Every Five Years Every Five Years 30-JUN-2023 1 WELL-ASR-2 Calibration report for WELL ASR- Every Five Years Every Five Years 30-JUN-2023 2 WELL- F-I Calibration report for WELL F-I Every Five Years Every Five Years 31-MAY-2019 WELL- F-3 Calibration report for WELL F-3 Every Five Years Every Five Years 31- - 1 9 WELL-F-2 Calibration report for WELL F-2 Every Five Years Every Five Years 31-MAY-2019 Permit Condition No: 18 Permit Condition Code., WUSTDO22-1 Faclift Name Requirement Name Col Freq Sub Freq Due Date WELL- IE Monthly withd rawal for WELL 1E Monthly Quarterly 31-OCT-2018 WELL-20(1 OE) Monthly withdrawal for WELL 20 Monthly Quarterly 31-OCT-2018 (1 OE) WELL-22 (12E) Monthly withdrawal for WELL 22 Monthly Quarterly 31-OCT-2018 REPLACEMENT (12E)REPLACIVIENT WELL-23(13E) Monthly withdrawal for WELL 23 Monthly Quarterly 31- CT-2018 (13E) WELL-24 (14E) Monthly withdrawal for WELL 24 Monthly Quarterly 31-OCT-2018 (14E) WELL-25 (15E) Monthly withdrawal for WELL 25 Monthly Quarterly 31- T-2018 (15E) WELL-26(16E) Monthly withdrawal for WELL 26 Monthly Quarterly 31-OCT-2018 (1 BE) WELL-27(17E) Monthly withdrawal for WELL 27 Monthly Quarterly 31-OCT-2018 (17E) WELL-29(1 9E) Monthly withdrawal for WELL 29 Monthly Quarterly 31-OCT-2018 (1 9E) WELL- 14 (2E) Monthly withdrawal for WELL 14 Monthly Quarterly 31-OCT-2018 (2E) WELL-30 (20E) Monthly withdrawal for WELL 30 Monthly Quarterly 31-OCT-201 8 (20E) WELL-31 (21 E) Monthly withdrawal for WELL 31 Monthly Quarterly 31-OCT-2018 (21 E) WELL-32 (22E) Monthly withdrawal for WELL 32 Monthly Quarterly 31-OCT-2018 (22E) WELL- 1 (11W) Monthly withdrawal for WELL I Monthly Quarterly 31-OCT-2018 (l W) WELL- 16 (6E) Monthly withdrawal for WELL 16 Monthly Quarterly 31-OCT-2018 Page 2 of 5 Exhibit No- 3 Page 433 of 667 Requirement iCondition Report Facility Name Requirement Name Col Freq Sub Freq Due Date (6E) WELL- 17 (7E) Monthly withdrawal for WELL 17 Monthly Quarterly 31-OCT-2018 (7E) WELL- 18 (SE) Monthly withdrawal for WELL 18 Monthly Quarterly 31-OCT-2018 (8E) WELL- 19(9E) Monthly withdrawal for WELL 19 Monthly Quarterly 31-OCT-2018 (9E) WELL- 21 (11 E) Monthly withdrawal for WELL 21 Monthly Quarterly 31-OCT-2018 (11 E) WELL-28(1 BE) Monthly withdrawal for WELL 28 Monthly Quarterly 31-OCT-2018 (1 BE) WELL-4(4W) Monthly withdrawal for WELL 4 Monthly Quarterly 31-OCT-2018 (4W) WELL-5(5W) Monthly withdrawal for WELL 5 Monthly Quarterly 31-OCT-2018 (5W) WELL-6(6W) Monthly withdrawal for WELL 6 Monthly Quarterly 31-OCT-2018 (6W) WELL-7(7W) Monthly withdrawal for WELL 7 Monthly Quarterly 31-OCT-2018 (7W) WELL-8(8W) Monthly withdrawal for WELL 8 Monthly Quarterly 31-OCT-2018 (8W) WELL-9 (9W) Monthly withdrawal for WELL 9 Monthly Quarterly 31-OCT-2018 (9W) WELL- 11 (11 W) Monthly withdrawal for WELL 11 Monthly Quarterly 31-OCT-2018 (11 W) WELL- 12 (12W) Monthly withdrawal for WELL 12 Monthly Quarterly 31-OCT-2018 (12W) WELL- 13(13W) Monthly withdrawal for WELL 13 Monthly Quarterly 31-OCT-2018 (13W) WELL- 10(10W) Monthly withdrawal for WELL 10 Monthly Quarterly 31-OCT-2018 (10W) WELL-ASR-1 Monthly Recharge for WELL Monthly Quarterly 31-OCT-2018 ASR-1 WELL-ASR-2 Monthly Recharge for WELL Monthly Quarterly 31-OCT-2018 ASR-2 WELL- F-1 Monthly withdrawal for well F-1 Monthly Quarterly 31-OCT-2018 WELL- F-2 Monthly withdraw for well F-2 Monthly Quarterly 31-OCT-2018 WELL-F-3 Monthly withdrawal for well F-3 Monthly Quarterly 31-OCT-2018 WELL-ASR-1 Monthly Withdrawal for WELL Monthly Quarterly 31-OCT-2018 ASR-1 WELL-ASR-2 Monthly withdrawal for WELL Monthly Quarterly 31-OCT-2018 ASR-2 Permit Condition No: 20 Permit Condition Code: WUPS003-1 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Unaccounted for Distribution Yearly Yearly 30-APR-2019 Losses for PERMIT Permit Condition No: 22 Permit Condition Code: WUPWS008-2 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Ten-Year Water Use Compliance EveryTen Years Every Ten Years 31-DEC-2019 Report for CITY OF BOYNTON Page 3 of 5 Exhibit Page 434 of 667 Requirement by Permit Condition Report Facility Name Requirement Name Col Freq Sub Freq Due Date BEACH PUBLIC WATER SUPP Permit Condition No: 26 Permit Condition Code: WURWFO07-1 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Annual reclaimed water feasibility Yearly Yearly 30-APR-2019 report for PERMIT Pennit Condition NO: 27 Permit Condition Code. WUZZUD001-6 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT FAS Wells, RO Plant Construction Yearly Yearly 30-APR-2019 Permit Condition NO: 28 Permit Condition Code: WUZZUD001-1 I Facility Name Requirement Name Col Freq Sub Freq Due Date WELL- BYSEA I Chloride for Well BYSEAl Monthly Quarterly 31-OCT-2018 WELL-BYHP5 Chloride for Well BYHP5 Monthly Quarterly 31-OCT-2018 WELL- BYHP1 Chloride for Well BYHP1 Monthly Quarterly 31-OCT-2018 WELL- BY DIVI-11 Chloride for Well BY DM-1 Monthly Quarterly 31-OCT-2018 WELL- BYMW2E Chloride for Well BYMW2E Monthly Quarterly 31-OCT-2018 WELL- BYHP2 Chloride for Well BYHP2 Monthly Quarterly 31-OCT-2018 WELL-BYHP4 Chloride for Well BYHP4 Monthly Quarterly 31-OCT-2018 WELL-BYSEA2 Chloride for Well BYSEA2 Monthly Quarterly 31-OCT-201 8 WELL- BYFP2S Chloride for Well BYFP2S Monthly Quarterly 31-OCT-2018 WELL-BYDM4 DM-4 Chloride for Well BYDM4 DM-4 Monthly Quarterly 31-OCT-2018 WELL-23 (13E) Chloride for Well 13E Monthly Quarterly 31-OCT-2018 WELL-29(1 9E) Chloride for Well 19E Monthly Quarterly 31-OCT-2018 WELL- 16(6E) Chloride for Well 6E Monthly Quarterly 31-OCT-2018 WELL-8 (8W) Chloride for Well 8W Monthly Quarterly 31-OCT-2018 WELL- 11 (11 ) Chloride for Well 11 W Monthly Quarterly 31-OCT-2018 WELL- I E Chloride for Well I E Monthly Quarterly 31-OCT-2018 WELL- 18 (BE) Chloride for Well BE Monthly Quarterly 31-OCT-2018 WELL-6 (6W) Chloride for Well 6W Monthly Quarterly 31-OCT-2018 WELL- 12(12W) Chloride for Well 12W Monthly Quarterly 31-OCT-2018 WELL-22 (12E) Chloride for Well 12E Monthly Quarterly 31-OCT-2018 REPLACEMENT WELL-25(15E) Chloride for Well 15E Monthly Quarterly 31-OCT-2018 WELL- 14(2E) Chloride for Well 2E Monthly Quarterly 31-OCT-2018 WELL- 21 (11 E) Chloride for Well 11 E Monthly Quarterly 31-OCT-2018 WELL- 10(11 OW) Chloride for Well 10W Monthly Quarterly 31-OCT-2018 WELL-32(22E) Chloride for Well 22E Monthly Quarterly 31-OCT-2018 WELL- 17(7E) Chloride for Well 7E Monthly Quarterly 31-OCT-2018 WELL- 1 (9E) Chloride for Well 9E Monthly Quarterly 31-OCT-2018 WELL-28 (18E) Chloride for Well I BE Monthly Quarterly 31-OCT-2018 WELL-9 (9W) Chloride for Well 9W Monthly Quarterly 31-OCT-201 8 WELL-20(1 OE) Chloride for Well 10 Monthly Quarterly 31-OCT-2018 WELL-24(14E) Chloride for Well 14E Monthly Quarterly 31-OCT-2018 WELL-26(16E) Chloride for Well 16E Monthly Quarterly 31-OCT-2018 WELL-30 (20E) Chloride for Well 20E Monthly Quarterly 31-OCT-2018 WELL-31 (21 E) Chloride for Well 21 E Monthly Quarterly 31-OCT-2018 WELL-1 (1W) Chloride for Well 1W Monthly Quarterly 31-OCT-2018 Page 4 of 5 Exhibit No- 3 Page 435 of 667 Requirement r i Condition e Facility Name Requirement Name Col Freq Sub Freq Due Date WELL-4(4W) Chloride for Well 4W Monthly Quarterly 31-OCT-2018 WELL-7(7W) Chloride for Well 7W Monthly Quarterly 31-OCT-2018 WELL-27(17E) Chloride for Well 17E Monthly Quarterly 31-OCT-2018 WELL-5(5W) Chloride for Well 5W Monthly Quarterly 31-OCT-2018 WELL- 13(13W) Chloride for Well 13W Monthly Quarterly 31-OCT-2018 WELL-BYMW1 E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW1 E WELL-BYFP1 N Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYFPIN WELL-BYSEA 1 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYSEA1 WELL-BYHP5 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP5 WELL-BYHP1 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP1 WELL-BY DM-1 Ground Water Level for Well BY Monthly Quarterly 31-OCT-2018 DM-1 WELL-BYMW3E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW3E WELL- BYMW2E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW2E WELL- BYHP2 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP2 WELL-BYHP6 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP6 WELL-BYHP4 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP4 WELL-BYSEA 3 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYSEA3 WELL-BYSEA 2 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 WELL-BYDM4 DM-4 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYDM4 DM-4 WELL-BYHP3 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP3 WELL-BYFP2S Ground Water Level for Well Monthly Quarterly 31-OCT-2018 YFP2S Permit Condition No: 29 Permit Condition Code: WUWC006-1 Facility Name Requirement Name Cot Freq Sub Freq Due Date WELL- BY DM-2 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BY DM-2 WELL-BYDM3 DM-3 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYDM3 DM-3 WELL-BYDM5 DM-5 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYDM5 DM-5 WELL-BYSMI SM-1 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYSM1 SM-1 Page 5 of 5 Exhibit No: 3 Page 436 of 667 APPENDIX INTERLOCAL COUNTY AND CITY SmithB-1 ©CDM Smith 2020 361790-241252.03.12 Page 437 of 667 1 RESOLUTION NO. R13-087 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER AND CITY CLERK TO EXECUTE A SECOND 6 AMENDMENT TO THE INTERLOCAL AGREEMENT 7 BETWEEN PALM BEACH COUNTY AND THE CITY OF 8 BOYNTON BEACH FOR THE PURCHASE AND SALE OF 9 BULK POTABLE WATER; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission approved an Agreement dated December 21, 13 2004, for the purchase and sale of bulk potable water; and 14 WHEREAS, the City of Boynton Beach and Palm Beach County amended that 15 Agreement in 2007 and is due to expire on December 31, 2013; and 16 WHEREAS, this second amendment will allow the City to maintain a permanent 17 capacity of 1 million gallons per day (MGD) of the County's potable water system; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens of 20 the City of Boynton Beach to approve the Second Amendment to the Interlocal Agreement 21 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of 22 Bulk Potable Water. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves and authorizes the City Manager and City Clerk to execute the Second Amendment 29 to the Interlocal Agreement between Palm Beach County and City of Boynton Beach for the \\apps3 city cbb\auto\Data\183\Items\175\2537\3342\Reso__ILA_PBC=2nd_Amendment_Bulk_Potable_water_(2013)doc Page 438 of 667 11 1 Purchase and Sale of Bulk Potable Water, which Second Amendment is attached hereto as 2 Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this 20th day of August, 2013. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 ✓ . 10 M - Jerry Tdyior 11 12 13 tcetao! ow L. Hay 14 1516 Commssioiner favid T. Merker 17 18 19 Com ssioner— icha itzpatrick 20 21 22 Com ssioner—Joe Casello 23 ATTEST: 24 25 26 27 Ptyy . Prainito, MMC 28 erk 29 „ - 30 I j 31 0 date Seal) \�y 32 33 �® 34 35 \\apps3 city cbb\auto\Data\183\Items\175\2537\3342\Reso_=ILA_PBC=2nd_Amendment_Bulk_Potable_Water—(201 3)doc Page 439 of 667 R13-087 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POTABLE WATER THIS SECOND AMENDMENT mal ZfenT11ered mtS tV 8 daegf 2 2 2013 ,2013,by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter "County"),and the CITY OF BOYNTON BEACH,FLORIDA,a municipality organized under the laws of the State of Florida(hereinafter"City"). WITNESSETH WHEREAS, Section 163.01, Florida Statutes,known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities;and. WHEREAS, the parties entered into an Interlocal Agreement for the Purchase and Sale of Bulk Potable Water on 12121104(the"Agreement");and WHEREAS,the parties amended the Agreement on October 2,2007(the"First Amendment");and WHEREAS, in accordance with the First Amendment,the City paid to the County$2,910,000.00 for the reservation of permanent Potable Water capacity;and WHEREAS, the Interlocal Agreement, as amended by the First Amendment, will expire on December 31,2013;and WHEREAS, the parties desire to amend the Interlocal Agreement in order to: continue the provision of bulk Potable Water by the County to the City subsequent to December 31,2013;apportion the costs of construction of a new point of connection between the parties;and provide for emergency potable water service between the parties. NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed,County and City hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The provisions of this Second Amendment shall become effective on January 1,2014. 3. Section 2 of the Agreement is hereby modified to reflect a new termination date of December 31,2043. 4. Section 4 of the Agreement is hereby amended to add the following definition: "Points of Connection" - the locations where the County's Potable Water System is connected with the City's Potable Water System,as shown in Revised Exhibit"A",which is attached hereto and incorporated herein. At each Point of Connection,the County's and the City's Potable Water Systems shall include the vault, meters, and related appurtenances located on each party's respective side of the Point of Connection, with said water meters being utilized for the measurement and payment of bulk Potable Water obtained by the City and the measurement and payment of Potable Water provided on an emergency basis between the parties. For the Existing Point of Connection located approximately at the _::tergtCti�.,of Fla.��;.-Dirt Road 3n`1 that\jJT)Il F_3 Canal the p��int cif�{PlinPatinn hetiA D the County's Potable Water System and the City's Potable Water System shall be the mid- point between the check valve and 8 inch meter located inside the vault, as shown on as- built No. 2527, Project No. WUD 95-201, which is kept in the County's records. For the Existing Point of Connection located approximately at the intersection of Boynton Beach Boulevard and the LWDD E-3 canal,the point of delineation between the County's Potable Water System and the City's Potable Water System shall be the mid-point between the check valve and 8 inch meter located inside the vault,as shown on plans dated August 2002 and titled " PBCWUD Water Main Interconnect at West Water Treatment Plant" which is kept in the City's records. For the New Point of Connection, the point of delineation between the County's Potable Water System and the City's Potable Water System shall be as identified in the drawings prepared by Kimley-Ilorn for Project No.WUD 12-548,which are kept in the County records. 1 Page 440 of 667 5. Section 7 of the Agreement hereby deleted in its entirety and replaced with the following: 7. Capacity Reservation. City has pard the Capacity Fee for 1 MGD of permanent capacity in the County's Potable Water System. County shall provide up to I MGD of Potable Water to the City for the term of this Agreement, at the Commodity Rate set forth in Section 8 below. There is no required minimum take-or-pay for this Agreement, nor is the County under any obligation to provide Potable Water over the I MGD permanent capacity reservation. Beginning on January 1,2015,and for each calendar year thereafter,the County shall calculate the amount of bulk Potable Water delivered to the City for the prior calendar year, and a 25% surcharge shall be added to the Commodity Fee for usage exceeding 105% of the Reserved Capacity in any fiscal year. The provisions of this surcharge shall not be applied to the emergency provision of Potable Water in accordance with Section 13 below. The City may, at any time during this Agreement, reserve additional permanent capacity by paying the Capacity Fee in effect at that time. 6. Section 8 of the Agreement is hereby deleted in its entirety and replaced with the following: 8. Commodity Fee. The initial Commodity Fee as of January 1,2014,shall be$1.42 per thousand gallons. Beginning on January 1,2015,and for each calendar year thereafter,the Commodity Fee shall be adjusted upward by an amount equal to prior year's (measured October to October) Consumer Price Index, all Urban Consumers, Water and Sewerage Maintenance, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI")or some other mutually agreed-upon index if the CPI is discontinued,but in no case shall the escalation exceed three percent(3%)annually. 7. Section 13 of the Agreement is hereby deleted in its entirety and replaced by the following: 13.1 Emergency Potable Water Interconnects. In addition to the provision of bulk Potable Water, as set forth in Sections 7 and 8 herein, the Points of Connection may be utilized for the provision of emergency Potable Water between the parties in accordance with the terms of this Section 13. The use of the Points of Connection for emergency purposes shall be utilized only in the case of an emergency and shall not be a substitute for the sale of bulk Potable Water. 13.2 Costs of New Point of Connection. The costs of design and construction of the New Point of Connection, which is depicted on Revised Exhibit A, shall be equally shared between the County and the City. The construction shall include the extension of the County's and the City's pipelines to the New Point of Connection, and the meters, vaults, and other necessary appurtenances for the connection between the County's Potable Water System and the City's Potable Water System. Each party shall own their respective facilities up to the New Point of Connection and shall be responsible for operation, maintenance,repair and replacement as necessary. 13.3 The Director of Palm Beach County Water Utilities Department is authorized to act on behalf-of the County and the Utilities Director of the City of Boynton Beach e —is authorized to act on behalf of the City. In case of an emergency, the requesting party's representative shall provide written or verbal notice to the supplying party's representative setting forth the emergency and the estimated flowage and time of use. If said communication is made verbally, same shall be immediately followed by a written communication. Notwithstanding the provisions of Section 13.3.6, turning off the valves shall be handled by the same procedure. No supply of Potable Water shall be provided except in the case of an emergency and upon the following terms and conditions to be dete.-pined by the s,l plyu,g _--Y- 13.3.1 There must be a sufficient surplus of Potable Water available to meet all the anticipated needs of the supplying party. 13.3.2 The supplying party may reasonably limit the amount of Potable Water to be supplied. 13.3.3 The supplying party determines that the provision of Potable Water to the receiving party will not impose a danger to the health, safety or welfare of its citizens. 13.3.4 The supplying party may reasonably limit the hours or days of supply. 2 Page 441 of 667 13.3.5 The supplying party may require the receiving party to impose use restrictions on its customers prescribed by the supplying party. 13.3.6 With prior written notice to the receiving party the supplying party may place a reasonable termination date for the emergency supply period. 13.4 Charges for metered Potable Water use through the Points of Connection shall be at the prevailing commodity rate in effect for non-residential customers at the time of furnishing Potable Water,with no capacity or fixed charges. Either rate is subject to change based on legal authority of the appropriate governing body. When Potable Water is utilized, the meter or meters shall be read concurrently by the County and City on approximately the first of each month. Payment by the user to the supplier for Potable Water shall be in accordance with Section 15 herein. 13.5 County and City expressly acknowledge the right of either party to refuse to provide emergency Potable Water service,if the party refusing determines that the provision of such service would not be in its best interest or would constitute a danger to the health, safety, welfare of its citizens. In the event of such a refusal, the requesting party agrees to waive any and all claims of loss or damage against the refusing party. 8. All other provisions of the Agreement are hereby confirmed and shall remain in fiill force and effect. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 3 Page 442 of 667 IN WITNESS WHEREOF,County and City have executed or have caused this Second Amendment to be duly executed in several counterparts,each of which counterpart shall be considered an original executed copy of this Second Amendment. n 2 O 1 3 1438 ATTEST: XT 12 2M Sharon R.Bock,Clerk and Comptroller PALM BEACH COUNTY, BY ITS BOARD OF COUNTY CORS By. Cp ,,r4 BY O tov Clerk • t �'+r Steven L.Abrams,May 0i COUNTY Cn �LOA10P 'd) (SEAL) 2 Iae .� APPROVED AS TO FORM AN�'�O APPROVED AS TO TERMS AND LEGA FICIEN Y. CONDITI/O'NS By: By:_/ unty me Direcfbr of Vatei,fftilities ATTEST: CITY OF BOYNTON BEACH,FLORIDA By: ___� By: (Clerit ` m APPROVED AS Ty FORM AND T LEGAL SUA IC .NC By: $ ., City ttorney W MCD C:) e c W 'Iy 4 Page 443 of 667 i C J G. N F C (r v , / w cre 1 i r ' � r o C � s o 4 O G i a 111 � F _ ___---_ _-_- - - --- _ ----- - `*T lai W. •�'vi ..w � S i .4� c J r ry �� ` At Page 444 of 667 Y *F ROYN f 0H IEAGN a ITY CLEF....,. TC Water Utilities Department Contract Management P o Box 16097 October 29, 2013 West Palm Beach,FI 33416-6097 (561)493-6000 Fax (561)493-6060 The City of Boynton Beach City Clerk's Office www pbcwater com Attention: Janet M. Prainito, MMC 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Second Amendment to the ILA between Palm Beach Palm Beach County County and the City of Boynton Beach for the purchase Board of County Commissioners and sale of Bulk Potable Water Steven L Abrams,Mayor Priscilla A Taylor,Vice Mayor Dear Ms. Prainito: Hat R Valeche Attached for your files is one fully executed original of the Paulette Burdick Second Amendment for the purchase and sale of Bulk Potable Shelley Vana Water approved by the Board of County Commissioners on Mary Lou Berger October 22, 2013. Jess R Santamana If you have any questions, you may contact me. Sincerely, V�Za4a4a.>01 ,4� County Administrator Sandra L. Smith Robert Weisman Contract Management Specialist Attachment "An Equal Opportunity Affirmative 9ction Employer" Page 445 of 667 APPENDIX Smith10-YEAR CAPITAL IMPROVEMENT PROGRAM C-1 ©CDM Smith 2020 361790-241252.03.12 Page 446 of 667 O O O O O O O O O O O O O O O O O O O ,y O O O O O O O O O O O O O O O O O O O OO O o oO O O O O O O O O O O O O O O O 0 0 o OO �/1 O O O �/1 O O O O�/1 O m o O O N O O O O OO O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O . 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W E m O W Q w N O °' s E onw w m f V '^ o o a ID ID I 8.F. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Ordinance No. 20-005 - Second Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). Proposed Ordinance No. 20-006 - Second Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District. Explanation of Request: The subject 1.05-acre property consists of three parcels, assembled for the proposed redevelopment of the existing 7-Eleven convenience store and the addition of gasoline pumps. The existing store occupies the largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with duplexes, front on SW 14th Ave. Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the existing convenience store property carries Local Retail Commercial (LRC) future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential (MDR). While the MDR-classified parcel on the corner of Seacrest Blvd. and SW 14 Ave. is appropriately zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning —part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent with the LDR future land use classification. The request for the FLUM amendment and rezoning is being processed concurrently with the applications for the Major Site Plan Modification (MSPM) and Conditional Use (COUS). Conditional use approval is required for the proposed addition of the gas station (see the corresponding staff report). If the subject request is approved and the C-2 commercial zoning is extended from the 7-Eleven property through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties across SW 14th Ave. Staff has impressed the importance of appropriate buffering, and the applicant has responded accordingly in the site plan and landscape design as detailed in the COUS/MSPM staff report. Note that landscape buffering and screening regulations for commercial properties were not on the books in 1960 when the current structure was built. The assembly of the two parcels with the existing site will facilitate compliance with the current land development regulations. The expansion of the site will also offset the impact of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd. for a future widening of the roadway. The proposed extension of commercial zoning in the subject area is warranted by the current and anticipated intensification of redevelopment activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1, and the resultant increase in population and traffic. Eventually, redevelopment is Page 449 of 667 likely to expand west along the northern side of Woolbright Rd. to SW 1St Street, eventually encompassing the block between the Woolbright Rd. corridor and SW 14th Avenue. The Planning & Development Board reviewed this item at their February 25, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? No significant impact on either programs or services. Fiscal Impact: I ncrease of tax base Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Land Use Amendment for 7-Eleven property D Ordinance Ordinance approving Rezoning of 7-Eleven proerty D Staff Report Staff Report D Location IVAap Exhibit A. Location IVAap D Exhibit EXHIBIT B1, 7-Eleven 101 W. Woolbright Rd current FLU D Exhibit EXHIBIT B2, 7-Eleven 101 W. Woolbright Rd proposed FLU D Exhibit EXHIBIT C1, 7-Eleven 101 W. Woolbright Rd current zoning D Exhibit EXHIBIT C2, 7-Eleven 101 W. Woolbright proposed zoning D Attachment Resumes Page 450 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS 7-ELEVEN PROPERTY 7 AND DESCRIBED HEREIN, OWNED BY THE SOUTHLAND 8 CORPORATION, CHANGING THE LAND USE DESIGNATION 9 FROM LOW DENSITY AND MEDIUM DENSITY RESIDENTIAL 10 (LDR AND MDR), AND LOCAL RETAIL COMMERCIAL (LRC) 11 TO: LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR 12 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 16 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 23 in the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 30 Future Land Use of the following described land: 31 PARCEL 1 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 32 COMMITMENT NUMBER 759692) 33 34 ALL OF LOT 2, AND LOT 1, LESS THE EAST 7 FEET THEREOF AND LESS THAT PART OF 35 LOT WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS ARC 36 WHICH IS THE TANGENT TO A LINE 7 FEET WEST OF A PARALLEL TO THE EAST LINE OF 37 SAID LOT 1, AND TANGENT TO THE NORTH LINE OF SAID LOT 1, BLOCK 12, CENTRAL 38 PARK ANNEX BOYNTON FLORIDA,ACCORDING TO THE MAP OR PLAT THEREOF AS S:\CA\Ordinances\Planning\Land Use\7-Eleven Property LUA-Ordinance.Docx Page 451 of 667 39 RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY, 40 FLORIDA. 41 42 PARCEL 2 (EXHIBIT A, WFG NATIONAL TITLE INSURANCE COMPANY COMMITMENT 43 NUMBER 19-537886) 44 45 LOTS 3 AND 4, BLOCK 12, CENTRAL PARK ANNEX, ACCORDING TO THE PLAT THEREOF, 46 AS RECORDED IN PLAT BOOK 12, AT PAGE 51, OF THE PUBLIC RECORDS OF PALM 47 BEACH COUNTY, FLORIDA. 48 49 PARCEL 3 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 50 COMMITMENT NUMBER 809138 A2) 51 52 LOTS 21, 22,23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN PLAT BOOK 53 12,PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE 54 FOLLOWING DESCRIBED PARCELS: 55 56 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST 57 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH 58 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 59 FOLLOWS: 60 61 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL 62 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM 63 BEACH COUNTY, FLORIDA; THENCE NORTH 1°26'55" EAST ALONG THE EAST LINE OF 64 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST 65 RIGHT-OF-WAY OF SEA CREST BOULEVARD; THENCE NORTH 87°38'37" WEST A 66 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS 67 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH 68 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE SOUTH 69 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 70 WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH 71 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET TO 72 THE POINT OF BEGINNING. 73 74 ALSO DESCRIBED AS: (OFFICIAL RECORD BOOK 2780,PAGE 920,PALM BEACH COUNTY, 75 RECORDS) 76 77 LOTS 1, 2, 3,4, 21, 22, 23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN 78 PLAT BOOK 12, AT PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, 79 LESS THE FOLLOWING DESCRIBED PARCELS: 80 81 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST 82 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH 83 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 84 85 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL 86 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM 87 BEACH COUNTY, FLORIDA; THENCE NORTH 1026'55" EAST ALONG THE EAST LINE OF 88 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST 89 RIGHT-OF-WAY OF SEACREST BOULEVARD; THENCE NORTH 87038'37" WEST A S:\CA\Ordinances\Planning\Land Use\7-Eleven Property LUA-Ordinance.Docx Page 452 of 667 90 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS 91 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH 92 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE SOUTH 93 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 94 WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH 95 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET TO 96 THE POINT OF BEGINNING 97 98 AND LESS 99 100 THE EAST 7 FEET OF LOT 1, BLOCK 12, ACCORDING TO THE PLAT OF CENTRAL PARK 101 ANNEX, AS RECORDED IN PLAT BOOK 12,PAGE 51, IN THE PUBLIC RECORDS OF PALM 102 BEACH COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND 103 THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 104 20 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 7 FEET WEST OF AND PARALLEL 105 TO THE EAST LINE OF SAID LOT 1 AND TANGENT TO THE NORTH LINE OF SAID LOT 1. 106 107 SAID LANDS SITUATE LYING AND BEING IN BOYNTON BEACH, PALM 108 BEACH COUNTY, FLORIDA AND CONTAINS 45,742 SQUARE FEET(1.05 109 ACRES), MORE OR LESS. 110 111 112 is amended from Low Density and Medium Density Residential(LDR and MDR),and Local 113 Retail Commercial (LRC) TO Local Retail Commercial (LRC). 114 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 115 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 116 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 117 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 118 including appeals, are exhausted. In the event that the effective date is established by state law 119 or special act, the provisions of state act shall control. 120 FIRST READING this day of 2020. 121 S:\CA\Ordinances\Planning\Land Use\7-Eleven Property LUA-Ordinance.Docx Page 453 of 667 122 SECOND, FINAL READING and PASSAGE this day of , 2020. 123 CITY OF BOYNTON BEACH, FLORIDA 124 YES NO 125 126 127 Mayor— Steven B. Grant 128 129 Vice Mayor—Ty Penserga 130 131 Commissioner—Justin Katz 132 133 Commissioner—Woodrow L. Hay 134 135 Commissioner— Christina L. Romelus 136 137 VOTE 138 ATTEST: 139 140 141 142 Crystal Gibson, MMC 143 City Clerk 144 145 146 (Corporate Seal) 147 S:\CA\Ordinances\Planning\Land Use\7-Eleven Property LUA-Ordinance.Docx Page 454 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 7-ELEVEN PROPERTY FROM R-1-A SINGLE FAMILY 7 RESIDENTIAL DISTRICT, R-2 SINGLE AND TWO FAMILY 8 RESIDENTIAL DISTRICT, AND C-2 NEIGHBORHOOD 9 COMMERCIAL TO C-2 NEIGHBORHOOD COMMERCIAL; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 14 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 15 WHEREAS, the City has made application to rezone land, said land being more 16 particularly described hereinafter, from R-1-A Single Family Residential District, R-2 Single 17 and Two Family Residential District, and C-2 Neighborhood Commercial to C-2 18 NEIGHBORHOOD COMMERCIAL; and 19 WHEREAS, the City Commission conducted public hearings as required by law and 20 heard testimony and received evidence which the Commission finds supports a rezoning for the 21 property hereinafter described; and 22 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 23 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing Whereas clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2. The land herein described be and the same is hereby rezoned from R-1- 29 A Single Family Residential District, R-2 Single and Two Family Residential District, and C-2 30 Neighborhood Commercial to C-2 NEIGHBORHOOD COMMERCIAL. A location map is 31 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 32 Description: 33 PARCEL 1 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 34 COMMITMENT NUMBER 759692) 35 36 ALL OF LOT 2, AND LOT 1, LESS THE EAST 7 FEET THEREOF AND LESS THAT PART OF 37 LOT WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS I S:\CA\Ordinances\Planning\Rezoning\7-Eleven Property-Rezone-Ordinance.Docx Page 455 of 667 38 ARC WHICH IS THE TANGENT TO A LINE 7 FEET WEST OF A PARALLEL TO THE EAST 39 LINE OF SAID LOT 1, AND TANGENT TO THE NORTH LINE OF SAID LOT 1, BLOCK 12, 40 CENTRAL PARK ANNEX BOYNTON FLORIDA, ACCORDING TO THE MAP OR PLAT 41 THEREOF AS RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM 42 BEACH COUNTY, FLORIDA. 43 44 PARCEL 2 (EXHIBIT A, WFG NATIONAL TITLE INSURANCE COMPANY COMMITMENT 45 NUMBER 19-537886) 46 47 LOTS 3 AND 4, BLOCK 12, CENTRAL PARK ANNEX, ACCORDING TO THE PLAT 48 THEREOF, AS RECORDED IN PLAT BOOK 12, AT PAGE 51, OF THE PUBLIC RECORDS OF 49 PALM BEACH COUNTY, FLORIDA. 50 51 PARCEL 3 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 52 COMMITMENT NUMBER 809138 A2) 53 54 LOTS 21, 22,23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN PLAT 55 BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE 56 FOLLOWING DESCRIBED PARCELS: 57 58 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST 59 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH 60 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 61 FOLLOWS: 62 63 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL 64 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM 65 BEACH COUNTY, FLORIDA; THENCE NORTH 1°26'55" EAST ALONG THE EAST LINE OF 66 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST 67 RIGHT-OF-WAY OF SEA CREST BOULEVARD; THENCE NORTH 87°38'37" WEST A 68 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS 69 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH 70 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE 71 SOUTH 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE 72 OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH 73 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET 74 TO THE POINT OF BEGINNING. 75 76 ALSO DESCRIBED AS: (OFFICIAL RECORD BOOK 2780,PAGE 920,PALM BEACH 77 COUNTY, RECORDS) 78 79 LOTS 1, 2, 3,4, 21, 22, 23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN 80 PLAT BOOK 12, AT PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, 81 LESS THE FOLLOWING DESCRIBED PARCELS: 82 83 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST 84 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH 85 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 86 87 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL 88 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM 89 BEACH COUNTY, FLORIDA; THENCE NORTH 1026'55" EAST ALONG THE EAST LINE OF 2 S:\CA\Ordinances\Planning\Rezoning\7-Eleven Property-Rezone-Ordinance.Docx Page 456 of 667 90 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST 91 RIGHT-OF-WAY OF SEACREST BOULEVARD; THENCE NORTH 87°38'37" WEST A 92 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS 93 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH 94 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE 95 SOUTH 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE 96 OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH 97 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET 98 TO THE POINT OF BEGINNING 99 100 AND LESS 101 102 THE EAST 7 FEET OF LOT 1, BLOCK 12, ACCORDING TO THE PLAT OF CENTRAL PARK 103 ANNEX, AS RECORDED IN PLAT BOOK 12,PAGE 51, IN THE PUBLIC RECORDS OF PALM 104 BEACH COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND 105 THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY 106 A 20 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 7 FEET WEST OF AND 107 PARALLEL TO THE EAST LINE OF SAID LOT 1 AND TANGENT TO THE NORTH LINE OF 108 SAID LOT 1. 109 110 SAID LANDS SITUATE LYING AND BEING IN BOYNTON BEACH, PALM BEACH 111 COUNTY, FLORIDA AND CONTAINS 45,742 SQUARE FEET(1.05 ACRES), MORE OR LESS. 112 113 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 114 accordingly. 115 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 116 Section 5. Should any section or provision of this Ordinance or any portion thereof be 117 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 118 remainder of this Ordinance. 119 Section 6. This ordinance shall become effective immediately upon passage. 120 FIRST READING this day of 2020. 121 122 3 S:\CA\Ordinances\Planning\Rezoning\7-Eleven Property-Rezone-Ordinance.Docx Page 457 of 667 123 SECOND, FINAL READING and PASSAGE this day of , 2020. 124 CITY OF BOYNTON BEACH, FLORIDA 125 YES NO 126 127 Mayor— Steven B. Grant 128 129 Vice Mayor—Ty Penserga 130 131 Commissioner—Justin Katz 132 133 Commissioner—Woodrow L. Hay 134 135 Commissioner— Christina L. Romelus 136 137 VOTE 138 ATTEST: 139 140 141 142 Crystal Gibson, MMC 143 City Clerk 144 145 146 147 (Corporate Seal) 4 S:\CA\Ordinances\Planning\Rezoning\7-Eleven Property-Rezone-Ordinance.Docx Page 458 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: February 7, 2020 PROJECT: 7-Eleven 101 W. Woolbright Rd LUAR 20-001 REQUEST: Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC), and rezoning from R-1-A Single Family Residential District and R-2 Single-and Two Family Residential District to C-2 Neighborhood Commercial District. PROJECT DESCRIPTION Property Owner: Southland Corp Tax Dept#10391 Applicant: Shane Laakso, Creighton Development Agent: Michael Amodio, KEITH Location: Noorthwest corner of W. Woolbright Rd and S. Seacrest Blvd (see Exhibit "A") Existing Land Use: Low Density and Medium Density Residential (LDR and MDR), and Local Retail Commercial (LRC) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: R-1-A Single Family Residential District, R-2 Single- and Two Family Residential District, and C-2 Neighborhood Commercial Proposed Zoning: C-2 Neighborhood Commercial Acreage: 1.05 acre Page 459 of 667 Page 2 7-Eleven 101 W Woolbright LUAR 20-001 Proposed Use: Convenience store and a gasoline station Adjacent Uses: North: Right-of-way for SW 14th Ave; farther north vacant residential property and two developed single-family homes, classified Low Density and Medium Density Residential (LDR and MDR), and zoned R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District; South: Right-of-way for Woolbright Rd; farther south Boynton Beach Memorial Park and Mausoleum, classified Public and Private Governmental/Institutional (PPGI) and zoned PU, Public Usage; East: Right-of-way for Seacrest Blvd; farther east Shell gasoline station, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial, and, to the northeast, a developed duplex, classified Medium Density Residential (MDR) and zoned R-2 Single- and Two Family Residential District; and West: A developed commercial (office) property, then Woolbright Farmers Market, both classified Local Retail Commercial (LRC) and zoned C-2, Community Commercial. BACKGROUND The subject 1.05 acre property consists of three parcels, assembled for the proposed redevelopment of the existing 7-Eleven convenience store with an addition of the gasoline station. The store occupies the largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with duplexes, front on SW 14th Ave. Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the existing convenience store property carries Retail Commercial (LRC) future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential (MDR). While the MDR-classified parcel on the corner of Seacrest Blvd and SW 14 Ave is appropriately zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning—part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent with LDR land use classification. Note that the City has a number of parcels with split zoning. This situation may have been 2 Page 460 of 667 Page 3 7-Eleven 101 W Woolbright LUAR 20-001 created in the past through planned area-wide rezonings or through subdivision of properties. The request for the FLUM amendment and rezoning is being processed concurrently with the applications for the Major Site Plan Modification (MSPM) and the Conditional Use (COUS), required for the proposed addition of the gas station (see the corresponding staff report). REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As per the Land Development Regulations, the intent of the C-2 conventional zoning district is to "allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods. Generally, the desired locations of these commercial areas would be at the periphery of one (1) or more neighborhoods along roadway classifications that are able to support the additional traffic". The location of the project to be supported by the proposed FLU amendment and rezoning—the intersection of Woolbright Rd, a busy arterial, and Seacrest Blvd, a busy collector—meets these criteria. The area population is growing and the traffic volume on both roadways is projected to increase considerably, amplifying demand for convenience retail. For example, according to the the Palm Beach County 2045 Long Range Transportation Plan, annual growth rates of Woolbright Rd eastbound traffic and Seacrest Blvd northbound traffic at the subject intersection are expected to be 1.24% and 1.4%, respectively. In the short term, the drivers of the growth will be the incoming projects of Riverwalk Plaza and Town Square; on the long term, continuous redevelopment on the US1/Woolbright intersection, spillout redevelopment around Town Square and the potential expansion of Bethesda Hospital will all have a significant impact. Ongoing market trends also support the request. According to new data from retail analytics platform Edge by Ascential's Retail Market Monitor, discount and convenience stores in the U.S. are projected to grow faster than all other offline retail channels over the next five years, reflecting consumers' increased focus on price and speed, even if it means more limited assortment. Non-food discount, food discount and covenience stores are all projected for annual growth rates above 5 percent, whereas all other offline retailers, aside from membership club stores, are projected at annual growth rates of 3 percent or below. However, there is an increased competition between convenience 3 Page 461 of 667 Page 4 7-Eleven 101 W Woolbright LUAR 20-001 stores and other retailers, offering immediacy, convenience, and a fast response to changing consumer tastes. The competitors now include online retailers and delivery services, meeting consumer demands for previously fulfilled primarily by convenience stores. All the above factors are behind the need to transform the property into a modern commercial site. The addition of the two parcels to the existing site may be also deemed warranted by the necessity to meet current commercial land development regulations, such as landscape buffering and screening, that were not on the books in 1960 when the current structure was built. The expansion of the project to the subject parcels will also offset the impact of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd for a future widening of the roadway. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Currenly, there is no redevelopment plan for the section of Woolbright Rd west of the FEC tracks. However, the proposed FLU amendment and rezoning can be deem consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element which, particularly in recent years, brought a post-great recession focus on economic development and on commercial uses as goods/services providers and job generators: Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy, and a good quality of life for residents. Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 4 Page 462 of 667 Page 5 7-Eleven 101 W Woolbright LUAR 20-001 The proposed FLUM amendment and rezoning would not create an isolated district. As noted in the "Background" section of this report, the existing convenience store property and all lots on the north side of Woolbright Rd between SW 1 st Street and the FEC tracks carry Retail Commercial (LRC)future land use (FLU) and C-2, Neighborhood Commercial zoning. Of these lots west of Seacrest Blvd to SW 1St Street, one is developed with an office use, while the remaining ones are occupied by the Woolbright Farmers Market and the existing 7-Eleven store. The adjacent lots to the north—facing SW 14th Ave—have a single-family R-1-A zoning, except the property on the corner of Seacrest Blvd and SW 14th Ave, and part of its neighboring lot which are under the R-2 zoning. Note that out of the six lots with the R-1-A zoning, four are developed with duplexes, a nonconforming use in this zoning district. One of the two single-family homes is owned by a real estate investment firm. If the subject request is approved and the neighborhood commercial zoning of C-2 is extended from the 7-Eleven property through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties across SW 14th Ave. Appropriate landscape buffering as well as access will be important considerations in minimizing its adverse impact. Staff has impressed the importance of appropriate buffering, and the applicant has responded accordingly in the site plan and landscape design (see the corresponding COUS/MSPM staff report). Given the development activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic, redevelopment is likely to expand west along the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block between the Woolbright corridor and SW 14th Ave. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. Interconnectivity will be improved with the addition of pedestrian access from the neighborhood to the north and west. The Palm Tran bus route along Seacrest Blvd ensures access to public transportation, with an improved bus stop. The site plan provides for several sustainable elements of the project (see the corresponding COUS/MSPM staff report). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. 5 Page 463 of 667 Page 6 7-Eleven 101 W Woolbright LUAR 20-001 So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact is reviewed as part of the site plan. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criterum "c." The LRC future land use and the neighborhood commercial zoning of C-2 requested for the northern section of the proposed expansion of the 7- Eleven property match the current designations of the existing store and all lots facing the north side of Woolbright Rd between SW 1St Street and the FEC tracks. The latter are currently developped with office and retail uses. The requested FLU and zoning district may also match and support the future land uses of the adjacent and nearby properties. Given the development activities on and near the intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic, redevelopment is likely to expand west along the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block between the Woolbright corridor and SW 14th Ave. If the subject request is approved, the project will abut a duplex to the west and face single-family properties across SW 14th Ave. Appropriate screening and other compatibility-enhancing features as well as the overall improvement of the property would likely prevent the negative impact on the nearby residential property values. The proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood; arguably, it is also consistent with the current development trends along the Woolbright corridor. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic 6 Page 464 of 667 Page 7 7-Eleven 101 W Woolbright LUAR 20-001 Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The reclassification and rezoning from residential to commercial designation increase the amount of land generating economic development benefits. h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See response to the previous criterion "g." The subject reclassification and rezoning increases the amount of land available for commercial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Since the request pertain to expansion of the existing project, criterion "i" does not apply. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Wool bright\LUAR 20-001\LUAR 20-001 7-Eleven 101 W Woolbright Staff Report.docx 7 Page 465 of 667 EXHIBIT A LOCATION MAP SITE I a � 7 U, t his� �" ,• �r_ - - i t} � 4� 1% � (,u'1 fty� �i) ty� .. 1 S 1 ) S; / t •.5p J �,,yytl�� � ��y,t11s1`wJ ,'S f�� � �-.,'.v_1 r S� r - i � - ��� y �S)t� Usk � •�� i 'N�� h 1-.- -_ r } 6 h i sV �. r1r�t's�+kiMPt - �t ����� �� jt��.� r`£,,-`� sr s rJ�'r t t�`;sig t?! Y° - s� \ t tt Mkt t �: c, '.�N Vit, P�s�� `•.-1�4 n 1 w t(�� t Page 466 of 667 EXHIBIT B1 CURRENT FLU CLASSIFICATIONS s r IILDR }}�,�}''A�eii, � f, i l MDR ( {(. f 2 S r. 3 { 2 r f _ a a J J ( � _ t s 1 � r _ z r f: t — s. 1ns11 ilii < i +s - i c}��EI+`,'4�.2� ll s:, $ �'���^�� �� `�,`��...} �"•,t`4 r;}'"1� {ri�+t f r_us4141 �}by;s-�"ttg�� ?3��'{t{ mrrt�i-ea� evtc iii � ,v "� s��:, k 3 `�t'( � - - = _ 1 f� + t , Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre : { MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) q( 1 1 ' PUBLIC& PRIVATE GOVERNMENTAL/INSTITUTIONAL Page 467 of 667 EXHIBIT B2 PROPOSED FLU CLASSIFICATIONS SW 19th Ave --SE-14th-Ave- ,is SE 19th Aves "��\\ d IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII LRC A " d .. w N W Woolbright Rd Legend « , �,,, o� .>.,. 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'i !. rr Page 469 of 667 EXHIBIT C2 7-ELEVEN SITE: PROPOSED ZONING r trr f `'y •s » v„yr ,r,r22}s a' - .`��i)` v t `?is � r f __ v, 1i.._i ( s ss S`y�iy ILh'>V%�� t�J�iki1}t�� m t 4> a C-2 tt ; tt4yi j . �l '6' 44� s h `7� SITE i W Cwt �. y Y/: a �f w r rs i Is i t t t nM — 4 i t,s'�;\ r+)5 {},s tl yl r i,is y1 I ,?%.s i 1J �;ty t,;!)II � tI Stt sl, { 1 t {; fit ii Isa �.,`'.•,� S il,%crr s s t fif ,�t i:_- - S ;( i,,: 1)r i st j„t{� r„,,, ?•,i;`',-:Y I}J i ti t S ( .� {yv s c tll,t S tt I ti itr r,ar1 tt ,'S r )\ 5,u, r,,,,f,t,f tI s,+t s - ({ s� ��.. its\ (;.$+ t fir;"t,.f{ ,,c r ,tiM I tr vylS`,:J•'i i ti S(}tU 2, .r�.. 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I Sr'��,�1 2(7 r{t+Ytvi.F�}I ,1'r 1> \ ,lsic,t tyr'j'•} Sts r r;,;,',I}r,•,}r,•, ,r, ,,,,,,I},,,}„(,,; (s,,,t„rr If tl aJt�i p. n I Le @11 d ,t } tJiJs Ss )\ t , I lrslr 4{ I!}sIr to it'r ' t 3 4s f S1 + { t Is_ jil s tl t vt 1 fr�f } f }} {I Jrs I\j r lir, la s 1 ,s} tt t}t .r r f t r 1> t r< 1 I7ltu l 4 \ sr ,) tSs 1 S G r Iist�`11 ri it Ra�rS4 +{i r` rltriit{rir (i{t } I1711 }t trri t4 lts� {jl s'l� -- } t1r r!},�,7v( !yr Irt4 tisr t i�t\�`D R1A Single Family, 6 du/ac� 1 ....{ (v ) i4`ir( Sr ll} it �'� 17�_. )� � sr tt tit ,rtt{fyis si s saS itaj °s3,S , r {rls;Ir s Iltth- { SIS+ 4a t}a tt1{; a+s'4 j�k ( 1 {e' � •ark kit 1 r+r t Ir R2 Duplex a sls,s t+ s� t t s rr sr }- 1•'� \1� S7 lrS(! r �- that a,( � 10 du/ac I y,1y r 4j !i!n tl,i)j Srtt+sSl}srrtl>ia) )A t lirA r sf,t �iI}� t Iij 1 it al y t 1 rs s;, y sit I I r� C2 Neighborhood Commercial s )Si`ii ( s ; } tilt�r I+ I tr - s ti 1st c �l7,1 �Y£ i I77 ,s Slat it rs t1 y ttI S 1 tr vtr s i{( 1''.. „Iri I � t tl t t rl { f t t PU Public Usage r i itjitt�� 3K” tVv !! 1 + ,'¢ t s is7,i :a +' \;', „; is r t i3 r,4 tt + ) '(,1 a s 1Jt:f tl,u r�,� ,}r7, 7?t ?n•,?,t tsv, ,'r,';t, I!„?„,,rir §rs 'tS l,�l�{ }}{ 11�1'.�. 'i !. Page 470 of 667 C) C 14 ca-1 1. L o n g T r e Lified Planner Gj U N S - R FLORIDA'S LAW FIRM FOR BUSINESS PIRMARY OFFiCE 777 South Flagler Drive Suite 500 East West Palm Beach, IFIL 33401 T: (561) 650-0719 F: (561) 671-2419 ip jlong@gunster.com Josh Long, AICP is a real estate senior planner whojoined the firm in 2005. He was previously a senior planner for the City of West Palm Beach where he created a significant transferable development rights (TDR) program. Josh works with the firm's attorneys to navigate the broad range of issues that arise with land use and development, including growth management, planned unit development, community redevelopment areas, local government approvals and permits, urban development, variance, rezoning, special exceptions and transfer development rights. He has earned the designation of certified planner by the American Institute of Certified Planners i (AICP), the professional institute of the American Planning Association. This prestigious certification is the industry's highest level of accomplishment, demonstrating that he has passed the AICP's comprehensive planning exam, has met specific education and experience requirements and is a member of the American Planning Association. FLORIDA'S LAW FIRM FOR BUSINESS EDUCATION Southern Illinois University Carbondale, M.P.A^ 2005 Southern Illinois University Carbondale, B.A^ 1996 PROFESSIONAL, ASSOCIATIONS & MEMQERSH|PS American Planning Association, Treasure Coast Section Chair Florida Chapter, American Planning Association Palm Beach County Planning Congress HONORS Certified Planner designated by the American Institute ofCertified Planners CIVIC & COMMUNITY SERVICE American Heart Walk Marathon of the Palm Beaches Brandon Wolf 706 Brookside Dr Indialantic, FL 32903 321-312-5199 bmcguirecs83@gmail.com PROFESSIONAL EXPERIENCE 7-Eleven, Inc. Irving, TX-May 2016-Present. Senior Real Estate Rep • Part of the real estate team for 7-Eleven leading the country in deals • Site acquisition for new store growth • Negotiating deal terms while working closely with legal department • Work closely with municipalities and neighborhoods to get sites approved and entitled. • Develop a pipeline with our partners to create new store growth for years to come • Averaging 10 new deals per annum Lightle Beckner Robison, Inc., Melbourne, FL., August 2010 —May 2016 Commercial Real Estate Broker—Retail Associate • Part of the most dominant retail brokerage team in Central Florida • Team recognized by CoStar and NAIOP as leaders in the Central Florida Market • Part of ICSC Next Generation Committee for ICSC Palm Beach County • Tenant representation both local and national in Nature i.e. Walgreens, 7-Eleven, Jersey Mikes, Bass Pro Shops, SunTrust, Boost Mobile, Dollar General, etc... • Responsible to market all retail listings of the company both for sale and lease while developing lasting relationships within the community. • Work closely with developers to procure sites that meet the criteria of their given clients. • Buying, selling, and leasing all types of Commercial Real Estate with specialization in retail assets 1 Page 473 of 667 • Working on a team to handle all aspects of the transaction from marketing, listing, touring, contract negotiation, and closing, brainstorming and strategizing. • Work closely with planning and zoning departments in each municipality and overcome obstacles that may arise within a specific trade area and site. • Strategizing to grow personal business while creating and promoting brand exposure for the company; through cold calling, canvassing, and networking events. State Farm Insurance Merritt Island, FL - August 2014 - May 2015 EDUCATION • University of Central Florida, Orlando, FL—B.A. Business Administration 2009 • Dean's List multiple semesters • Real Estate Licensure Course INTERESTS • Travel • Surfing • Outdoors 2 Page 474 of 667 Neil Campbell a0pue|| AL � ���� � �� �� �� N U U��K APT� " " � Professional Qualifications Education Mr. Campbell isanOperations Manager located inthe Miami Lakes Florida �oevv�h � 8S, Geology, University of over 28 years of experience in the environmental consulting and construction field. His Edinburgh Scotland, UK current duties as an Operations Manager include program nnanagennentforstat� ' commercial, private, and multinational corporate clients. Mr. Campbell serves as Othe'Tnyimimg Program Manager for programs that require coordination of resources, client reporting D8UA Hazardous Waste from several project managers, and where several disciplines may be covered. Mc Operations (UAZVVDPER)8-Uou/ Campbell manages proposals, budgets, and execution of projects with a team structure Refresher that allows delegation to specialized areas of support. Programs that established in the lO_U/OSHA Construction past include disciplines indue diligence,geologic studies, solid waste consulting, Training groundwater studies, health and safety studies, soil and groundwater assessments, and 8-Hr OSHA Hazardous Waste remedial design. Operations Supervisor Training Sample Projects 4O-U/OSHA Hazardous Waste ���m��er, ����mn� ���e Enw�r�mmnem��X ���m�t�r�m8�n� �est�r���om ��w��7om, Operations Safety Training, 1991 Enw�rc�mmnem�,anoCc�nnc� no, OSHA Disaster Site Worker Mr. Campbell currently performs the duties of the APTIM Contract Manager. He Training provides oversight of the contract management team. He is responsible for Location customer satisfaction; client meetings, as needed; contract submittals and Miami Lakes' Florida reports; oversight ofthe development and execution ofWork Plan/Cost Estimates. management and coordination of contamination related projects; State and County Experience conducting and managing environmental studies and resource reviews; 28 years managing stakeholder relationships; analyzing project budgets and accounting; Highlights planning and scheduling projects; reviewing and editing technical reports; overseein0sub'consu|tant management; handling documents, reporting and Over 25years' experience on data Quality Assurance/Quality Control (Q//QC). Florida Department of Environmental Protection and �c�m", otr"i , I 'vt ('tc�m,amn,m"1"�oms e snnem� �,J enne�J S Miami Dade County projects c� no, Miami Dade County, Florida Mr. Campbell was previously and currently performs the duties of the APTIM Department ofTransportation Contract Manager. He provides oversight of the contract management team. He and Florida Department of is responsible for customer satisfaction; client meetings, as needed; contract Environmental Protection submittals and reports; oversight of the development and execution of Work Contract Manager Plan/Cost Estimates. management and coordination of contamination related Florida Operations Manager projects; conducting and managing environmental studies and resource reviews; managing stakeholder relationships; analyzing project budgets and accounting; planning and scheduling projects; reviewing and editing technical reports; overseein0sub'consu|tantmana0ennent; hand|in0documents, reportin0and data Quality Assurance/Quality Control (Q//QC). �e�7om�� �em�or �r��eot V EUewem, UmoS 1, m 4J,;", 1(M,1','1, �res�m� Managing Florida district work with over 24Oactive projects ranging from UST upgrades to assessment and remediation.A team of 20 personnel from four Florida offices conducts projects. Mr. Campbell's responsibility includes client liaison and oversight of regulatory correspondence, management of staff in the C,A/CC program review, and management of project personnel and resources. Conducts budget and scope reviews at program level and meetings with client to assist in planning and identification of the materials and practices required by store operators to reduce compliance risk. APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | I | | Page 475 of 667 u�c�,uow Mr. Campbell assisted in the management of the contract and field operations for the assessment activities conducted along the right-of-way. Duties included preparation of soil and groundwater Level I and Level 11 contamination assessments. He was also responsible for supervising field personnel and subcontractors and responsible for the coordination of environmental remediation activities inareas offuture construction. ��'e ������ E���n�7om �r��e«±, ��Urn �e�o� ��mm�� �� S"u,, S0, " StateRoad8Onnanagennentindudedrennedia| effortzforthehght-of-wayparce|s. Pndectindudedsourcerennova|' hazardous waste removal, and rapid in situ remediation using air sparge technologies. Duties included the preparation of work plan and cost estimates, review of Letter of Authorization,field crew management, and negotiations with the FIDEP and Palm Beach Department of Environmental Resources Management to expedite the remedial efforts for the roadway construction.The project ultimately involved the removal and closure assessment ofapproximately 48 USTs' 8 oi|/materseparators' and 28 hydraulic lifts along State Road 8O. �r��e«± �c7em���t, Emner�emo��e���m��,T�n�erwsTr�7m, "I" � 'm 'er"3��e, Mr. Campbell served as Environmental Coordinator for soil and groundwater assessment and remediation as part ofan emergency response on atrain vs. Hess fuel tanker collision in Ft Lauderdale. Mr. Campbell was client representative during the initial response and coordinated environmental oversight for the emergency response team and guidance for initial remedial action efforts. Completed assessment,and remedial system design and install of remedial system in 10 days to allow for the reopening of major roadway to public traffic. Removed over 1,600 tons of petroleum-contaminated soils and the road was repaired within the FDOT specific timeframe utilizing over SO staff and subcontractors at a cost of$6S6,000. ���m��er, �re-�c�m�����om �r��e��Tr�n�Ger�me �A7�emoe, C�m�c� ���8��s ��m����Ue ��c���om��hr�m���m� �� �0�� Directed program for the completion of Phase I Environmental Site Assessments for 200 facilities within 30 days in Florida in accordance with ASTM 1S27-94 through 99. When needed' Phase || ESAs were used to develop remediation cost estimation and regulatory negotiation strategies. E���e�7om U��r�gr�mn ���m��er, ��mnpU��mce ����om�� Enw�r�mmnem�a� ��mn�R�noe �m���r� �r��r�nn, �0M� Conducted under attorney-client privilege for global customer. Mr. Campbell was responsible for the management ofover 140 personnel with field deployment and auditing of941facilities tocheck on the compliance to local to federal lows. Completed this project in7 months. Enw�rc�mmnem'aX ���r�7m���r, �m�e� ��a�es ���t�X �erw��e,���e�t�s�n� �e��-���e� ��7m��mrweV��f��� Responsibilities included oversight of staff in the process of site inspection and completion of final report on findings for submittal tothe client. c�f�meX ��m��nn�m���om, �meXTernn�m�X,�r�m� ���nn�m, �r�t��hV�est Um�7e�,Te��o���r���e�m, �00� Directed the project,teamed with engineers in the design, and permitting for the installation of a soil and groundwater remedial system. Groundwater treatment involved collection trench and recovery well combined technology and SOO gallons per minute pumping capacity.The project used the high flow recovery well for hydraulic control of liquid-phase hydrocarbons lens adjacent to the reef near Georgetown, Grand Cayman.The project also included the recovery ofliquid-phase hydrocarbons from monitor wells. em'""m�J �Ienne�����om, �egroUe�nn�n� S nor"; S c�nn�s; L,'S\�, �00� Project Manager responsible for remedial action atretail petroleum site on St.Thomas, US Virgin Islands. Project involved Superfund cleanup of solvents through pump and treat, dual-phase extraction and hydraulic oil cleanup through soil excavation. Project also involves, bio-sparging of groundwater with oxygen enriched air and soil vapor extraction. �00� Hearing conservation study at United States Postal Service facilities in South Florida to allow USPS to determine worker exposure and personal protection requirements as per OSHA. APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | z | | u�u ,uow Page 476Of667 8.G. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept#1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six(6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (Continued from the May 5, 2020 Commission Meeting.) Explanation of Request: The project consists of the unification of one (1) commercial property to the south currently developed with an outdated, single-story building and two (2) residential properties to the north currently developed with two (2) single-story duplex buildings, to result in a total of 1.05 acres. The principal building on the commercial property is currently occupied by a old 24-hour 7-Eleven Convenience Store with varying non-conformities with current Land Development Regulations. The applicant proposes to redevelop the property with a new and updated 24-hour 3,454 sq. ft. 7-Eleven convenience store and gas station. The Gas Station use requires Conditional Use approval, which is being processed concurrently with the request for Major Site Plan Modification, as well as Land Use Map Amendment and Rezoning of the two (2) residential properties to the north. The Planning and Development Board at the meeting of February 25, 2020 recommended denial of the project with a 4-3 vote. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Page 477 of 667 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location I\Aap EXHIBITA, 7-Eleven Location I\Aap D Drawings EXHIBIT E. Project Drawings D Addendum EXHIBIT C, Conditional Use Justification D Conditions of Approval Conditions of Approval D Development Order Development Order D Attachment Resumes Page 478 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-003 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner II DATE: February 10, 2020 PROJECT NAME: 7-Eleven 101 W Woolbright Rd COUS 20-001 / MSPM 20-002 REQUEST: Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept #10391, to allow a 3,454 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 1.05 acre parcel, located at 101 W. Woolbright Road, in a C-2 (Neighborhood Commercial) zoning district. Applicant: Shane Laakso, Creighton Development. PROJECT DESCRIPTION Applicant: Shane Laakso, Creighton Development Property Owner: Southland Corp Tax Dept#10391 Agent: Michael Amodio, Keith Location: 101 W. Woolbright Road Existing Land Use/Zoning: Local Retail Commercial (LRC), Low Density Residential (LDR) and Medium Density Residential (MEDR) / Neighborhood Commercial (C-2), Single-Family Residential (R-1A) and Single- Family and Two-Family Residential (R-2) Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Uses: Gas Station with convenience store Acreage: 1.05 Acres Page 479 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 2 Adjacent Uses: North: Right-of-way of SW 14th Avenue; further north developed single- family property classified as Low Density Residential (LDR) and zoned R1A (Single-Family), and two-family residential property classified as Medium Density Residential (MEDR) and zoned R2 (Single-Family and Two-Family Residential). South: Right-of-way of W. Woolbright Road; farther south, developed cemetery (Boynton Beach Memorial Park), classified as Public and Private Governmental/ Institutional (PPGI) and zoned PU (Public Usage); East: Developed single-tenant commercial property (Shell Gas station and convenience store), classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial); and West: Developed multi-tenant commercial property, classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial). PROPERTY OWNER NOTIFICATION Owners of properties within 400 ft. of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage has been posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The project consists of the unification of 1 commercial property to the south and 2 residential properties to the north, a total of 1.05 acres, in order to expand the commercial property and redevelop it with a new and updated 24-hour 3,454 sq. ft. convenience store and a 3,096 sq. ft. gas station canopy composed of 6 pump stations. The existing commercial property currently has an existing 24-hour 7-Eleven convenience store building that is to be demolished. The applicant has submitted applications for Conditional Use and Major Site Plan Modification, which are being processed concurrently with the Land Use Map Amendment and Rezoning. The gas station use requires Conditional Use approval, and the two residential parcels to the north proposed to be incorporated into the development plan, require changes to their Land Use classification and Zoning designation. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform to. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In Page 480 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 3 addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit"C" —Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses that are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Currently the subject property does not have safe and functional primary points of ingress/egress and efficient traffic flow and control due to its outdated parking lot design and lack of vehicular traffic control markings. The driveway on the east side of the property is excessively wide as it extends nearly the entire length of the east property line and is too close to the intersection. The driveway is used by motorists to access 4 back-out parking spaces located on the east side of the building, which are not conforming to current off- street parking lot standards or ideal for efficient, convenient and safe traffic circulation. Furthermore, the property has two additional driveways on the south side. One of the driveways is also excessively wide and dangerously close to the intersection, which can result in vehicular movement conflicts entering or exiting the site. According to the new Site Plan, the applicant proposes to reduce the amount and overall width of the driveway openings along W. Woolbright Road from 2 two-way driveways to 1 two-way driveway 35 feet in width, as well as reduce the width of the two-way driveway opening along S. Seacrest Boulevard to 25 feet. Both driveways have been proposed further away from the intersection to enhance the safety of motorists entering and exiting the site. Additionally, 2 two-way drive aisles with clear vehicular traffic control markings have been proposed throughout the site to ensure safety and efficient vehicular traffic control, flow and circulation. The site has existing sidewalks along both S. Seacrest Boulevard and W. Woolbright Road. Sufficient pedestrian access to the site is proposed on the northeast side of the property with the construction of a new walkway leading from the existing sidewalk along S. Seacrest Boulevard and connecting directly to the convenience store entry doors, as well as a new walkway leading from the existing sidewalk along SW 14th Avenue and leading to the store entrance. The convenience store is lined with walkways with a covered bike rack proposed near the building entrance on the east side of the building. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Page 481 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 4 The minimum parking spaces required for gas stations is calculated at 1 parking space per 250 sq. ft. of gross floor area. The proposed gas station would be required to provide a total of 13 standard parking spaces and 1 accessible parking space as the size of the proposed principal building is 3,454 square ft. The site plan depicts the required 14 parking spaces distributed throughout the site as follows: 10 parking spaces in front of the building including 1 accessible parking space, 3 diagonal parking spaces located near the southeast corner of the site and 1 parallel parking space located next to the air/ vacuum unit. The proposed accessible parking space has been conveniently located in close proximity to the building's front door to allow patrons safe and quick access to the convenience store. The proposed location of the parking spaces would not create or increase the negative effects caused by glare, noise and odor as they have been located away from adjacent properties and have been effectively screened with dense landscaping around the perimeter of the property as required by the City's landscape code. Furthermore, the site plan includes a 12 ft. by 35 ft. loading zone/ dumpster enclosure approach on the northwest side of the building, which does not conflict with traffic flow, as it is separated from the drive aisles. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster has been proposed near the northwest corner of the property, and setback approximately 20 ft. from the west and north property lines. Additionally, there is a 6 ft. tall masonry perimeter buffer wall and landscaping to further reduce any impacts to surrounding properties. The refuse area is screened by both an enclosure composed of a 7 foot - 4 inch tall decorative walls and Cocoplum hedge installed and maintained at least half the height of the enclosure walls. Trash would be removed on a standard schedule. Solid waste does not anticipate a significant increase in waste as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency shall be increased to accommodate it. Additionally, a 60 ft. clear area has been provided to ensure efficient trash pick-up, which should not disrupt the flow of traffic in the drive aisles. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed landscape has been designed with an emphasis on screening, aesthetics, and sustainability through the use of dense, native, drought tolerant plants, as well as a variety of butterfly attracting trees (Glaucous Cassia and Simpson Stopper), shrubs (Firebush and Wild Coffee) and groundcovers (Perenial Peanut, Purple Trailing Lantana, Plumbago, Indian Hawthorne and Coontie). The site is a corner lot surrounded by single-family (R1A) and two-family (R2) residential properties to the north and commercial properties (C2) to the east and south. Additionally, the property abuts a single-family residential (R1A) property and a commercial property (C2) to the west. The adjacent commercial property on the southwest side of the site has a similar zoning designation (C2) as the subject site and would require an Urban Landscape Buffer Type 1 comprised of a continuous hedge of at least 3 ft. in height and one tree spaced every 30 linear ft. The adjacent residential property on the northwest side of the site is zoned Single-Family (R1A), which would require a Buffer Type 3 comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or Page 482 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 5 berm. In order to minimize the impact of the new gas station on adjacent properties, the applicant is proposing a Buffer Type 3 along the entire interior side (west) and rear yard (north) property lines. The buffer has been designed with a 6 ft. tall decorative wall, a variety of densely planted shrubs and groundcover on both sides of the wall, and native large canopy trees, medium size trees and palm trees. Additionally, in order to provide adequate screening along the west side property line, the applicant is proposing to use medium size trees (Sympson Stopper) in lieu of palm trees between the large canopy trees (Live Oak). Additionally, in order to ensure the proposed landscape buffer along the west side of the property is adequate staff has included the following Condition of Approval: At time of inspection of the installed landscaping between the store/ gas station and the residential structures, the applicant shall provide a dense barrier restricting the view between the two. If not, additional landscaping will be required to be installed. The proposed landscape strip along the corner side yard (east) and front yard (south) property lines have been designed to meet the City's Landscape Code requirements for urban landscape strips abutting rights-of-ways. The landscape strip is composed of a variety of native, colorful and flowering plant material on the north side and south side of the entry drive, as well as two signature trees (Glaucous Cassia) on each side of the entry drives. The landscape strip is comprised of a continous, densely planted hedge (Cocoplum); colorful and flowering groundcover (Muhly Grass, Purple trailing Lantana, Indian Hawthorne, Perenial Peanut, Wax Jasmine and Plumbago); and trees (Green Buttonwood and Black Olive). Additionally, staff included the following Condition of Approval to ensure the diagonal parking spaces near the rights-of-ways are screened from view: At time of final inspection of the installed landscaping at the corner of the property designed to screen the 3 parking spaces from the rights-of-way shall provide a dense barrier. If not, additional landscaping will be required. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The property currently has a functioning legal-nonconforming pole sign located on the southeast corner. The applicant has agreed to remove the pole sign and is proposing to install a monument sign near the entry drive on the south side of the site, as well as a second momument sign near the northeast corner of the site. Staff has included a Condition of Approval to ensure the northerly monument sign is placed closer to the entry drive, further from the residential properties. Staff is requiring the monument signs to be designed with similar architectural features, materials and colors as the principal structure. The signs will also include LED digital technology to display regular gas and diesel prices. Although the City code currently prohibit the use of electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. Furthermore, 2 internally illuminated wall signs with LEDs have been proposed for the building; a sign located on the south elvevation, facing W. Woolbright Road and another sign on the east elevation, facing S. Seacrest Boulevard. The pump island canopy will include energy efficient LED recessed canopy lighting that will provide proper lumen levels and ensure safety for all gas station pump users. The proposed Photometric Plan shows the installation of 4 light poles. In an effort to diminish the negative impact of glare and light spillage onto surrounding properties, the light fixures will be full cutoff design and pointed towards the inside of the property. According to the Photometric Plan, the light levels will be below the code maximum of 5.9 foot candles and close to 0 around the perimeter of the property. However, the lighting levels underneath Page 483 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 6 the pump island canopy exceed 5.9 foot candles, as additional lumens are allowed for safety associated with credit card transactions. The building will have 7 wall mounted fixtures along the west, south and east facades and 8 ft. long LED batten strip recessed lighting fixtures under the front canopies affixed to the front facade to provide adequate lighting levels immediately around the building and ensure sufficient visibility and safety. The pump island canopy will be illuminated by recessed canopy LED light fixtures, which are designed to prevent glare. Staff has included a Condition of Approval to ensure a note is added to the Photometric Plans that all lighting shall utilize warm white LED lighting. 7. Required setbacks and other open spaces. The gas station building and pump island canopy is proposed to meet or exceed the minimum setback requirements for gas stations on properties zoned C-2. The required and proposed minimum principal building setbacks are: front (south) required 35' — proposed 143.55'; rear (north) required 20' — proposed 20'; side corner (east) required 35' — proposed 40.86'; and interior side (west) required 20' — proposed 72.64'. The required and proposed minimum setbacks for the pump island canopy are: front (south) required 20' — proposed 49.99'; side corner (east) required 20' — proposed 53.51'; and interior side (west) required 20' — proposed 41.78'. 8. General compatibility with adjacent properties, and other property in the zoning district. The convenience store and gas station are generally compatible with the commercial properties along W. Woolbright Road and S. Seacrest Boulevard. The gas station would provide a needed service for local residents and nearby businesses, as well as vehicles traveling west on W. Woolbright Road and south on S. Seacrest Boulevard. The building's modern design is typical of most commercial structures with a mix of smooth stucco painted with two complementary colors, Balanced Beige and Aesthetic White, and split-face blocks painted Balance Beige. Also, the building has a parapet roof design with a transition between high impact EIFs cornice finished with stucco and dark bronze prefinished metal parapet cap to create an interesting transition. The south and east facades have a set of vision glass windows, doors and prefinished eyebrows. The rear facade has been designed appear as building frontage with vertical and horizontal articulation, two faux windows that would have the same appearance as vision glass windows, a pre-finished metal canopy above each window, and a decorative building medallion and high impact EIFs cornice on each side column. The current and outdated 7-eleven convenience store, constructed in 1960, has been providing the neighborhood 24-hour convenience/ grocery services for many years. The new, modern convenience/ grocery store and gas station is intended to continue to operate 24-hours per day. According to the Project Narrative, the store is an integral part of the neighborhood and requires an update in size and services in order to meet the needs of its customers as the City continues to grow. Additionally, the project includes the acquisition of 2 residential lots to the north to ensure the commercial property conforms to the C-2 zoning district minimum required lot depth of 100 feet as Palm Beach County has requested a 30- foot right-of-way easement on the south side of the property for future W. Woolbright Road right-of-way expansion. In order to reduce any potential negative impacts to adjacent residential properties to the west and abutting residential properties north of SW 14th Avenue, the applicant has provided a dense, aesthetically pleasing multi-tiered buffer consisting of palm trees, large and medium size native trees, two staggered rows of shrubs, and a 6-foot tall decorative masonry wall. The applicant has committed to install more mature plants and trees along the north and west property lines at time of planting, if Page 484 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 7 needed, in order to ensure adequate buffering is provided. Also, the building and pump islands have been placed further from the residential properties (more than twice the required interior side setback), with the pump island shielded by the convenience store and landscape buffer. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The convenience store building has been designed as a one-story structure, with varying heights and a maximum height of 20 ft. - 3 in., which is compatible with the height of structures on adjacent and nearby commercial and residential properties. The proposed height is under the maximum allowable C-2 zoning district height of 25 ft. Additionally, the highest point of the pump island canopy is 17.5 ft. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed convenience store and gas station uses on adjacent and nearby properties, and the City as a whole, will be minimal, other than the enhanced condition of the property with the upgraded building and site features. Furthermore, the City would benefit from fees associated with building permit applications and certificate of use. It is a local convenience as intended by LRC future land use designation. Additionally, it provides commercial retail services, which support the resident and visitor populations. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. The project does however remove a dated structure and further enhance the redevelopment of the Woolbright Road corridor. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All convenience store activity takes place entirely within the fully enclosed building. As indicated above, the applicant is proposing to screen the site with dense landscape composed of trees and hedges around the perimeter of the property that should be sufficient to prevent noise associated with operations to become an issue. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection Page 485 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 8 shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 14. All applications for approval of a new site plan, major site plan modification, or minor site plan modification (resulting in an increase, or replacement, of building square footage by five thousand (5,000) square feet or more), involving multi-family and planned unit residential, non-residential, and mixed use development shall incorporate a sufficient number of sustainable design options from Table 3-1, Sustainable Development Options and Points, to demonstrate achievement of the minimum number of points required below: 1. Multi-family residential development consisting of a minimum of three (3) dwelling units and up to twenty-five (25) shall achieve at least fifteen (15) points. 2. Multi-family residential development consisting of more than twenty-five (25) dwelling units shall achieve at least twenty(20) points. 3. Mixed use and planned unit residential development consisting of a minimum of three (3) dwelling units and up to twenty(20) shall achieve at least fifteen (15) points. 4. Mixed use and planned unit residential development consisting of a minimum of twenty- one (21) dwelling units and up to fifty(50) shall achieve at least twenty(20) points. 5. Mixed use and planned unit residential development consisting of more than fifty(50) units shall achieve at least twenty-five (25) points. 6. Non-residential development of a size less than one (1) acre shall achieve at least twenty(20) points. 7. Non-residential development of a size greater than one (1) acre shall achieve at least twenty-five (25) points. Although not subject to the newly adopted sustainability Regulations due to the building not meeting the minimum 5,000 square foot threshold, the applicant has proposed the following sustainable characteristics: 1. Utilization of warm white LED lighting; 2. Landscape Plan has been designed to utilize 9 different types of butterfly attracting trees, shrubs and groundcovers; 3. Flat roof to be painted white; 4. Utilization of cool light colors for the body of the building; 5. Use of awnings to provide shade over all windows and doors; and 6. All sod and landscape to receive 100% coverage with 100% overlap from an automatic irrigation system using re-use water source. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a Page 486 of 667 7-Eleven COUS 20-001 /MSPM 20-002 Page 9 time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W. Woolbright\StaffReport_7- Eleven Woolbright Road.doc Page 487 of 667 EXHIBIT A LOCATION MAP SITE I a � 7 U, t his� �" ,• �r_ - - i t} � 4� 1% � (,u'1 fty� �i) ty� .. 1 S 1 ) S; / t •.5p J �,,yytl�� � ��y,t11s1`wJ ,'S f�� � �-.,'.v_1 r S� r - i � - ��� y �S)t� Usk � •�� i 'N�� h 1-.- -_ r } 6 h i sV �. r1r�t's�+kiMPt - �t ����� �� jt��.� r`£,,-`� sr s rJ�'r t t�`;sig t?! 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P,E 9-,bl 0-,E 9-,bl N lHO bL rmva ;mn as _ HHO.9-,Ll � IHHO.9-dl � Cu &i r<7] KEITH November 27, 2019 Edgar Breese Planning & Zoning Administrator Development, Planning & Zoning 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 RE: 7-ELEVEN (#10391) CONDITIONAL USE PERMIT — STANDARDS FOR EVALUATING CONDITIONAL USES Mr. Breese, On behalf of the 7-Eleven, Inc. ("Applicant"), KEITH is pleased to submit this letter as part of the conditional use application for a property located at 101 W. Woolbright Road (the "Subject Property"), which is being filed concurrently with a Land Use Plan Amendment/Rezoning Application and a Site Plan Application. The Subject Property consists of(3) folios: • 08434528130120210 — 101 W. Woolbright Road 0 08434528130120010 - 104 SW 14th Avenue 0 08434528130120030 — 112 SW 14th Avenue Site Information The Subject Property totals approximately 45,741.51 gross square feet (1.05 +/- acres) located on the northwest corner of W. Woolbright Road and S. Seacrest Boulevard in the City of Boynton Beach, FI. The commercial parcel currently contains a 2,786 sq. ft. convenience store without gasoline sales, associated parking, and minimal landscaping. The residentially zoned properties are each developed with a single-family home or duplex. From Woolbright Road, the site is accessible through an existing 55-foot wide driveway and an additional 25-foot driveway, approximately 17 feet west of the 55-foot driveway. Both driveways along Woolbright allow right-in/right-out traffic movements. On Seacrest Boulevard, the site is accessible from an existing, right-in/right-out 66-foot wide driveway. An existing pylon sign is located at the intersection. Future Land Use and Zoning The Subject Property contains multiple zoning and land use designations - Neighborhood Commercial (C-2) and R-2 Single and Two-Family Residential (R-2) zoning and Local Retail Commercial (LRC) and Medium Density Residential (MEDR) land use. The applicant has submitted a separate, concurrent Land Use Plan Amendment/Rezoning Application to amend the residential properties' land use and zoning to a land use and zoning that will allow for the proposed conditional use. Proposed Development The Applicant proposes to redevelop the Subject Property with a new 3,454 square foot convenience store and a gas canopy with six fuel pumps, a total of 12 fueling positions. To buffer adjacent Corporate Office Miami-Bade County Broward County Palm Beach County Orange County 301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N Federal Hwy 321 N Crystal Lake Drive Pompano Beach Doral Fort Lauderdale Suite 208 Suite 208 Page 505 of 667 FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 Orlando,FL 32803 954.788.3400 305.667.5474 954.788.3400 561.469.0992 954.788.3400 November 27, 2019/Page 2 of 6 7-Eleven (#10391)Conditional Use Permit Standards for Evaluating Conditional Uses residential uses, the Applicant proposes a six foot masonry wall with tiered landscaping along the north and west property lines. This creates an aesthetically pleasing, significant buffer for properties along Harding Avenue. The project will reduce the number of driveway access points along Woolbright Road and reduce the width of the driveway along Seacrest Boulevard. The driveway improvements will provide a safer traffic pattern for motorist and pedestrians. Conditional Use Standards The City of Boynton Beach's Land Development Code allows gasoline stations as conditional uses within the C-2 zoning district. The proposed use complies with all of the Conditional Use criteria found in Chapter 3, Article IV, Section 4.0 of the Boynton Beach Land Development Regulations ("Section 4.0"). A summary of each standard, followed by a discussion of how it is met, is set forth below: Standard 1. Ingress and egress to the Subject Property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Finding 1: The Subject Property is currently developed with a convenience store, associated parking, and minimal landscaping. Large existing curb-cuts (two along Woolbright and one along Seacrest) are located close to the intersection of Woolbright Road and Seacrest Boulevard. This creates increased opportunity for both vehicle/vehicle conflict and vehicle/pedestrian conflict. Existing perimeter landscaping separating vehicle use areas from the pedestrian network is essentially non-existent due to the existing driveway widths accounting for the majority of both site frontages. The Subject Property does not accommodate Palm Beach County's ultimate Right-of-Way for Woolbright Road. When the full ROW is provided, the County will be able to enhance traffic flow adjacent to the site. The proposed redevelopment of the site includes the demolition of the existing convenience store structure and the construction of a new convenience store with a fuel pump canopy and 12 fueling positions. As required by Palm Beach County, the Applicant is dedicating 30 feet of ROW along the Woolbright Avenue frontage to accommodate the arterial's ultimate ROW width. This dedication significantly reduces the width of the convenience store parcel to only 92' and dramatically limits the ability to utilize the Subject Property. To increase the size of the site and enhance automobile and pedestrian safety, and traffic flow and control, the Applicant acquired the two contiguous residential properties to the north. The combination of the three lots allowed for improved automobile maneuvering, pedestrian safety and improves traffic flow as part of the redevelopment. The proposed redevelopment will reduce the number of existing driveways along Woolbright from two to one. In addition to the reduction in the number of driveway openings, the width of the driveways will be reduced from approximately 50 feet to 35 feet. The new curb cut will be shifted away from the intersection by an additional 80 feet. Where the existing driveway is 40 feet away from the intersection, the proposed driveway will be 120 feet away. Further, the width of the existing driveway to Seacrest Boulevard will be reduced from approximately 66 feet to 25 feet. The proposed driveway location will be located further from the intersection (approximately 100-feet compared to the existing 40 feet). The proposed reduction in the number of driveway openings, the reduced width of the driveways, the increased distance of the proposed driveway locations from the intersection, the Engineering Inspited Design, Page 506 of 667 November 27, 2019/Page 3 of 6 7-Eleven (#10391)Conditional Use Permit Standards for Evaluating Conditional Uses longer throat distance, and the larger site entrance vehicle circulation all significantly reduce the opportunity for potential vehicle/vehicle and vehicle/pedestrian conflict as well as provide for better traffic flow and control and access in case of fire or catastrophe. Standard 2: Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Finding 2: The proposed site plan improves the site's off-street parking and loading configuration in conjunction with the enhanced traffic safety as described in C-1, above. The new parking spaces are located further from the egress/ingress points of both rights-of-way, providing safer vehicular access and circulation within the site. Proposed loading areas are located away from parking areas to limit conflict with proposed business operations. Additionally, the loading zone is located as far as possible from adjacent residential uses and is significantly buffered with a wall and landscaping. The site is developed with a 6-foot wall and substantial tiered landscaping, providing a substantial buffer for adjacent properties which further minimizes glare and noise. This limits any adverse impact of proposed site operations. Lighting associated with the parking and loading areas is both sensitive to adjacent properties and is also intended to provide a safe, CPTED-supportive condition for customers fueling vehicles and walking between the pumps and convenience store. The lighting plan accomplishes this by utilizing full-cutoff, baffled light fixtures, that are angled as necessary to direct light to the desired locations while minimizing undesirable light externalities. The project proposes a modern state-of-the-art underground storage tank to safeguard against any potential environmental impact or and odor. The conditional use as proposed provides no additional impact beyond any use allowed by right within the C-2 zoning district, and in many cases limit impacts due to the enhanced design and buffering. Uses allowed within C-2 by-right include: restaurants, coin-operated laundry, repair/rental/maintenance of home garden tools, Auto/Car Detailing, Automotive Minor Repair, Automotive Stereo/Alarm Installation. Standard 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Finding 3: The refuse area is located behind the proposed building which facilitates access for refuse trucks without creating conflicts or onsite safety concerns. The proposed refuse area will limit impacts on adjacent properties as compared to existing conditions. The Applicant proposes a six-foot wall and tiered landscaping to provide an opaque buffer between the properties which will offset any potential impact caused by the refuse container. Standard 4. Utilities, with reference to locations, availability, and compatibility; Finding 4: Utilities are available and provide sufficient capacity for the proposed development. Water Service - The existing 2-inch water main that presently services the site is proposed to be used to service the proposed site, with the existing water meters being relocated to the east property line. Sewer Service - A proposed 6-inch gravity sewer lateral is proposed to be connected to the existing 8-inch gravity sewer main along the south side of SW 14th Avenue. Engineering Inspited Design, Page 507 of 667 November 27, 2019/Page 4 of 6 7-Eleven (#10391)Conditional Use Permit Standards for Evaluating Conditional Uses Drainage - Storm water runoff shall be collected in an on-site dry retention area, which will provide storm water storage and water quality treatment. No off-site discharges are proposed. Standard 5. Screening, buffering and landscaping with reference to type, dimensions, and character; Finding 5: The proposed use will provide significantly enhanced screening, buffering and landscaping as compared to existing conditions, and beyond that required for a use by right. North and West Property Buffering The Applicant is providing a substantial buffer to minimize potential impacts to the residential properties to the north and west of the site. This includes a buffer system comprised of a wall and tiered vegetation that exceeds code requirements. The vegetation includes native canopy trees of varying heights and other vegetation to create a dense, tiered landscape screen along the edge of the Subject Property. The tree portion of the buffer will provide a dense shield above the wall. Along SW 14th Avenue, at the rear of the Subject Property, a continuous native hedge and drought tolerant groundcover will be planted in front of the wall to improve its aesthetics as well as provide for sound absorption. The wall and vegetation system is also extended along the interior property line to the south end of the fuel canopy. This extension provides the maximum buffer for adjacent properties and provides significantly more shielding and buffering than the existing conditions on the site. The plant material will be installed at larger than code required specifications to ensure that adequate screening occurs at installation. East and South Property Landscaping The ingress and egress of the Subject Property is marked by signature flowering shrubs and plants that support butterfly ecology. The south buffer along Woolbright Road consists of existing native trees and proposed canopy trees. A continuous hedge with groundcover completes the landscape. Florida Privet hedges will screen the dumpster enclosure and layered shrubs are used to soften the foundation area of the building. This provides an enhanced aesthetic along this significant roadway. Standard 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Finding 6: The signs and exterior lighting have been designed to provide safe and clear wayfinding and site safety while limiting any potential impacts to nearby properties. Signs The proposed signage will be sited appropriately to minimize impacts to the surrounding neighborhood and will be designed consistent with the City's land development code. All proposed signage and lighting will comply with the City's requirements as outlined in the Land Development Regulations. Lighting The Applicant has designed lighting, as shown by a photometric plan, such that no light trespass at the property line exists, particularly along the north and west property lines. The lighting will be full cut-off style directing light in a downward direction, rather than outward, minimizing light spillage to adjacent properties. Pole mounted lighting was sited to allow Engineering Inspited Design, Page 508 of 667 November 27, 2019/Page 5 of 6 7-Eleven (#10391)Conditional Use Permit Standards for Evaluating Conditional Uses adequate lighting of the site while minimizing impacts to adjacent properties through angled fixtures and by using fixtures with baffles that limit the direction of the light. Further, the buffer wall and vegetation block light between the site and adjacent properties. The building and the buffer wall with vegetation are sited between the canopy and residential properties to the north and block all visual impact of canopy and its minimal lighting. Standard 7. Required setbacks and other open spaces; Finding 7: The proposed building and gasoline canopy is setback from the right-of-way and from adjacent property lines as required by the City's Land Development Code requirements. The proposed landscape design exceeds the amount of required interior landscape required. Standard 8. General compatibility with adjacent properties, and other property in the zoning district; Finding 8: The Woolbright Road corridor is an arterial roadway that is primarily developed with commercial buildings. Seacrest Boulevard is a collector roadway and is generally developed with residential development, except at key intersections within the city that are commonly developed with commercial and institutional establishments. The intersection of Woolbright and Seacrest is one of these key intersections and it is currently developed with commercial and institutional development. The property directly to the east of the Subject Property is developed with a service station, which demonstrates that service stations are appropriate for the area. Woolbright Road has direct accessibility to and from 1-95. Therefore, a service station serves the demand generated by the high traffic along this arterial roadway. The proposed convenience store use is consistent with the existing use on the Subject Property which has been a fixture within the neighborhood for nearly 60 years. Convenience store and gas station uses are common and complimentary to each other. The project proposes landscape compatibility buffers that exceed minimum code requirements by providing an Urban Landscape Barrier between 15' and 20' with tree plantings installed at mature size. Gasoline Stations are permitted as a conditional use in the C-2 zoning district, subject to further use restrictions set forth by Article IV, Section 3, C(46). This section provides location requirements limiting Gasoline Stations to properties located at three-way or four-way intersections involving arterial and collector road rights-of-way. The intersection of Woolbright and Seacrest is one of these intersections. According to the Palm Beach County 2010 Federal Functional Classification and Urban Area Boundaries Map, Woolbright Rd is classified as a Minor Arterial and Seacrest Blvd is classified as a Minor Collector Roadway. Given the designated classification and current development patterns along Woolbright Rd and Seacrest Blvd, this property is an appropriate location for the proposed use. Standard 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Finding 9. The proposed building is one-story, and it is replacing a one-story building. The surrounding commercial and residential area is comprised of low-elevation single-story commercial and residential structures. The proposed building and structures are consistent with the surrounding area. Standard 10. Economic effects on adjacent and nearby properties, and the city as a whole; Engineering Inspited Design, Page 509 of 667 November 27, 2019/Page 6 of 6 7-Eleven (#10391)Conditional Use Permit Standards for Evaluating Conditional Uses Finding 10: The proposed uses (Gasoline Station with accessory convenience store) provide services that support the neighborhood and area tourism. The service support of this proposed development therefore will be likely more valuable than the existing development, which would increase tax revenues for the City. Further, given the design and development plan, there are no negative impacts to surrounding properties as discussed elsewhere in this letter. Standard 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; and Finding 11: Not applicable. The Subject Property is proposed to be developed in a commercial zoning district. Standard 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8. Finding 12: The proposed development is compliant with the operational performance standards in Chapter 3, Article IV, Section 1. The proposed development will be constructed, maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property. The proposed development will comply with all federal and state regulations for gas stations and convenience stores, which shall ensure that all nuisance and potential hazards shall be avoided. Engineering Inspited Design, Page 510 of 667 EXHIBIT D Conditions of Approval Project Name: 7-Eleven 101 W Woolbright Rd File number: COUS 20-001 / MSPM 20-002 Reference: 31d review plans identified as a Maior Site Plan Modification with a January 14th 2020 Planning and Zoning Department date stamp marking. ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES 1. No Lantana plants will be used as it is a perennial and will not survive. Please replace with another type of butterfly attracting plants such as Dwarf Porterweed, Pentas, or a plant not considered X a perennial. City will accept Purple Lantana. No other Lantana substitutions will be allowed. 2. Provide a maintenance plan for the maintenance of the hedge outside the wall to the west that ensures the adjacent property owner will not be responsible for maintaining the proposed plantings. Provide agreement with adjacent property owners to either provide access for landscaping maintenance purposes or their agreement to X place the wall on the property line with no landscaping along the exterior of the wall. The footer of wall cannot encroach into adjacent properties. A thickened edge footer shall be included in the details. 3. Provide an example of Florida Privet being used as a hedge since it is not typically used as a hedge and will not be dense enough to X obtain the objective. Please provide an example. 4. Please note that Jasmine and Hawthorne are shrubs not groundcovers. Please revise the plant list accordingly. X FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Page 511 of 667 7-Eleven 101 W Woolbright Rd (COUS 20-001 /MSPM 20-002) Conditions of Approval Page 2 of 3 Comments: None PLANNING AND ZONING / LANDSCAPE Comments: 5. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments X (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 6. The length of the east property line is incorrect on the site plan. Please correct. X 7. Faux windows glass shall have the same appearance as vision glass. At time of permit submittal, please provide samples for staff X review and approval. 8. The property on the northwest side (112 SW 14th Avenue) has two zoning district designations: R2 (Single and Two Family) and R1A (Single-Family). Please, include R1A as one of the existing zoning X district designations. 9. Abandonment of existing 4 feet easements depicted on the survey is X required prior to issuance of any building permits. 10. Revise the canopy elevation to correct the orientation (north, south, east, west), as they appear to be labeled incorrectly on sheet A 203 X and sign elevations. 11. Please shift the vent stack slightly further west so additional landscape screening can be placed between it and the curb. X 12. Please correct sign drawings to indicate a total of 115 sq. ft. of wall signage is allowed, and two (2) 52.5 sq. ft. signs area proposed, one X (1) on the south and east building facades. 13. Per code requirements, the numerical address proposed at the bottom of the monument sign should be located above the 7-Eleven X logo and digital gas price faces. 14. The monument sign should be designed with similar architectural features and colors as the principal structure. Please provide columns on each side of the structure, as well as EIFS banding and X split-face block below the 7-Eleven logo and digital gas price faces. Please revise the sin construction information on the sign Page 512 of 667 7-Eleven 101 W Woolbright Rd (COUS 20-001 /MSPM 20-002) Conditions of Approval Page 3 of 3 elevations. 15. The northerly monument sign should be placed closer to the entry drive, further from residential property. X 16. Please label the existing legal-nonconforming pole sign on the site plan to be removed. X 17. At time of final inspection of the installed landscaping between the store/ gas station and the residential structures, the applicant shall provide a dense barrier restricting the view between the two. If not, X additional landscaping will be required to be installed. 18. At time of final inspection of the installed landscaping at the corner of the property designed to screen the three (3) parking spaces from the X rights-of-way shall provide a dense barrier. If not, additional landscaping will be required. 19. Add a note to all of the Photometric Plans that all lighting shall utilize warm white LED lighting. X 20. Please provide irrigation to all sodded areas and only install St. Augustine Grass. X COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. Page 513 of 667 7-Eleven 101 W Woolbright Rd (COUS 20-001 /MSPM 20-002) Conditions of Approval Page 4 of 3 ADDITIONAL REPRESENTATIONS /COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Woolbright\MSPM 20-002 COUS 20-001 COA-Post PD.doc Page 514 of 667 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 7-Eleven 101 W Woolbright Rd (MSPM 20-002 /COUS 20-001) APPLICANT: Shane Laakso, Creighton Development APPLICANT'S ADDRESS: 900 SW Pine Island Road #202, Cape Coral, FL 33991 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2020 APPROVAL SOUGHT: Request for approval of Conditional Use and associated Major Site Plan Modification for the construction of a gas station to include a 3,454 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements. LOCATION OF PROPERTY: 101 W. Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Wool bright\MSPM20-002 COUS 20-001 DO.doc Page 515 of 667 C) C 14 ca-1 1. L o n g T r e Lified Planner Gj U N S - R FLORIDA'S LAW FIRM FOR BUSINESS PIRMARY OFFiCE 777 South Flagler Drive Suite 500 East West Palm Beach, IFIL 33401 T: (561) 650-0719 F: (561) 671-2419 ip jlong@gunster.com Josh Long, AICP is a real estate senior planner whojoined the firm in 2005. He was previously a senior planner for the City of West Palm Beach where he created a significant transferable development rights (TDR) program. Josh works with the firm's attorneys to navigate the broad range of issues that arise with land use and development, including growth management, planned unit development, community redevelopment areas, local government approvals and permits, urban development, variance, rezoning, special exceptions and transfer development rights. He has earned the designation of certified planner by the American Institute of Certified Planners i (AICP), the professional institute of the American Planning Association. This prestigious certification is the industry's highest level of accomplishment, demonstrating that he has passed the AICP's comprehensive planning exam, has met specific education and experience requirements and is a member of the American Planning Association. FLORIDA'S LAW FIRM FOR BUSINESS EDUCATION Southern Illinois University Carbondale, M.P.A^ 2005 Southern Illinois University Carbondale, B.A^ 1996 PROFESSIONAL, ASSOCIATIONS & MEMQERSH|PS American Planning Association, Treasure Coast Section Chair Florida Chapter, American Planning Association Palm Beach County Planning Congress HONORS Certified Planner designated by the American Institute ofCertified Planners CIVIC & COMMUNITY SERVICE American Heart Walk Marathon of the Palm Beaches Brandon Wolf 706 Brookside Dr Indialantic, FL 32903 321-312-5199 bmcguirecs83@gmail.com PROFESSIONAL EXPERIENCE 7-Eleven, Inc. Irving, TX-May 2016-Present. Senior Real Estate Rep • Part of the real estate team for 7-Eleven leading the country in deals • Site acquisition for new store growth • Negotiating deal terms while working closely with legal department • Work closely with municipalities and neighborhoods to get sites approved and entitled. • Develop a pipeline with our partners to create new store growth for years to come • Averaging 10 new deals per annum Lightle Beckner Robison, Inc., Melbourne, FL., August 2010 —May 2016 Commercial Real Estate Broker—Retail Associate • Part of the most dominant retail brokerage team in Central Florida • Team recognized by CoStar and NAIOP as leaders in the Central Florida Market • Part of ICSC Next Generation Committee for ICSC Palm Beach County • Tenant representation both local and national in Nature i.e. Walgreens, 7-Eleven, Jersey Mikes, Bass Pro Shops, SunTrust, Boost Mobile, Dollar General, etc... • Responsible to market all retail listings of the company both for sale and lease while developing lasting relationships within the community. • Work closely with developers to procure sites that meet the criteria of their given clients. • Buying, selling, and leasing all types of Commercial Real Estate with specialization in retail assets 1 Page 518 of 667 • Working on a team to handle all aspects of the transaction from marketing, listing, touring, contract negotiation, and closing, brainstorming and strategizing. • Work closely with planning and zoning departments in each municipality and overcome obstacles that may arise within a specific trade area and site. • Strategizing to grow personal business while creating and promoting brand exposure for the company; through cold calling, canvassing, and networking events. State Farm Insurance Merritt Island, FL - August 2014 - May 2015 EDUCATION • University of Central Florida, Orlando, FL—B.A. Business Administration 2009 • Dean's List multiple semesters • Real Estate Licensure Course INTERESTS • Travel • Surfing • Outdoors 2 Page 519 of 667 Neil Campbell a0pue|| AL � ���� � �� �� �� N U U��K APT� " " � Professional Qualifications Education Mr. Campbell isanOperations Manager located inthe Miami Lakes Florida �oevv�h � 8S, Geology, University of over 28 years of experience in the environmental consulting and construction field. His Edinburgh Scotland, UK current duties as an Operations Manager include program nnanagennentforstat� ' commercial, private, and multinational corporate clients. Mr. Campbell serves as Othe'Tnyimimg Program Manager for programs that require coordination of resources, client reporting D8UA Hazardous Waste from several project managers, and where several disciplines may be covered. Mc Operations (UAZVVDPER)8-Uou/ Campbell manages proposals, budgets, and execution of projects with a team structure Refresher that allows delegation to specialized areas of support. Programs that established in the lO_U/OSHA Construction past include disciplines indue diligence,geologic studies, solid waste consulting, Training groundwater studies, health and safety studies, soil and groundwater assessments, and 8-Hr OSHA Hazardous Waste remedial design. Operations Supervisor Training Sample Projects 4O-U/OSHA Hazardous Waste ���m��er, ����mn� ���e Enw�r�mmnem��X ���m�t�r�m8�n� �est�r���om ��w��7om, Operations Safety Training, 1991 Enw�rc�mmnem�,anoCc�nnc� no, OSHA Disaster Site Worker Mr. Campbell currently performs the duties of the APTIM Contract Manager. He Training provides oversight of the contract management team. He is responsible for Location customer satisfaction; client meetings, as needed; contract submittals and Miami Lakes' Florida reports; oversight ofthe development and execution ofWork Plan/Cost Estimates. management and coordination of contamination related projects; State and County Experience conducting and managing environmental studies and resource reviews; 28 years managing stakeholder relationships; analyzing project budgets and accounting; Highlights planning and scheduling projects; reviewing and editing technical reports; overseein0sub'consu|tant management; handling documents, reporting and Over 25years' experience on data Quality Assurance/Quality Control (Q//QC). Florida Department of Environmental Protection and �c�m", otr"i , I 'vt ('tc�m,amn,m"1"�oms e snnem� �,J enne�J S Miami Dade County projects c� no, Miami Dade County, Florida Mr. Campbell was previously and currently performs the duties of the APTIM Department ofTransportation Contract Manager. He provides oversight of the contract management team. He and Florida Department of is responsible for customer satisfaction; client meetings, as needed; contract Environmental Protection submittals and reports; oversight of the development and execution of Work Contract Manager Plan/Cost Estimates. management and coordination of contamination related Florida Operations Manager projects; conducting and managing environmental studies and resource reviews; managing stakeholder relationships; analyzing project budgets and accounting; planning and scheduling projects; reviewing and editing technical reports; overseein0sub'consu|tantmana0ennent; hand|in0documents, reportin0and data Quality Assurance/Quality Control (Q//QC). �e�7om�� �em�or �r��eot V EUewem, UmoS 1, m 4J,;", 1(M,1','1, �res�m� Managing Florida district work with over 24Oactive projects ranging from UST upgrades to assessment and remediation.A team of 20 personnel from four Florida offices conducts projects. Mr. Campbell's responsibility includes client liaison and oversight of regulatory correspondence, management of staff in the C,A/CC program review, and management of project personnel and resources. Conducts budget and scope reviews at program level and meetings with client to assist in planning and identification of the materials and practices required by store operators to reduce compliance risk. APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | I | | Page 520 of 667 u�c�,uow Mr. Campbell assisted in the management of the contract and field operations for the assessment activities conducted along the right-of-way. Duties included preparation of soil and groundwater Level I and Level 11 contamination assessments. He was also responsible for supervising field personnel and subcontractors and responsible for the coordination of environmental remediation activities inareas offuture construction. ��'e ������ E���n�7om �r��e«±, ��Urn �e�o� ��mm�� �� S"u,, S0, " StateRoad8Onnanagennentindudedrennedia| effortzforthehght-of-wayparce|s. Pndectindudedsourcerennova|' hazardous waste removal, and rapid in situ remediation using air sparge technologies. Duties included the preparation of work plan and cost estimates, review of Letter of Authorization,field crew management, and negotiations with the FIDEP and Palm Beach Department of Environmental Resources Management to expedite the remedial efforts for the roadway construction.The project ultimately involved the removal and closure assessment ofapproximately 48 USTs' 8 oi|/materseparators' and 28 hydraulic lifts along State Road 8O. �r��e«± �c7em���t, Emner�emo��e���m��,T�n�erwsTr�7m, "I" � 'm 'er"3��e, Mr. Campbell served as Environmental Coordinator for soil and groundwater assessment and remediation as part ofan emergency response on atrain vs. Hess fuel tanker collision in Ft Lauderdale. Mr. Campbell was client representative during the initial response and coordinated environmental oversight for the emergency response team and guidance for initial remedial action efforts. Completed assessment,and remedial system design and install of remedial system in 10 days to allow for the reopening of major roadway to public traffic. Removed over 1,600 tons of petroleum-contaminated soils and the road was repaired within the FDOT specific timeframe utilizing over SO staff and subcontractors at a cost of$6S6,000. ���m��er, �re-�c�m�����om �r��e��Tr�n�Ger�me �A7�emoe, C�m�c� ���8��s ��m����Ue ��c���om��hr�m���m� �� �0�� Directed program for the completion of Phase I Environmental Site Assessments for 200 facilities within 30 days in Florida in accordance with ASTM 1S27-94 through 99. When needed' Phase || ESAs were used to develop remediation cost estimation and regulatory negotiation strategies. E���e�7om U��r�gr�mn ���m��er, ��mnpU��mce ����om�� Enw�r�mmnem�a� ��mn�R�noe �m���r� �r��r�nn, �0M� Conducted under attorney-client privilege for global customer. Mr. Campbell was responsible for the management ofover 140 personnel with field deployment and auditing of941facilities tocheck on the compliance to local to federal lows. Completed this project in7 months. Enw�rc�mmnem'aX ���r�7m���r, �m�e� ��a�es ���t�X �erw��e,���e�t�s�n� �e��-���e� ��7m��mrweV��f��� Responsibilities included oversight of staff in the process of site inspection and completion of final report on findings for submittal tothe client. c�f�meX ��m��nn�m���om, �meXTernn�m�X,�r�m� ���nn�m, �r�t��hV�est Um�7e�,Te��o���r���e�m, �00� Directed the project,teamed with engineers in the design, and permitting for the installation of a soil and groundwater remedial system. Groundwater treatment involved collection trench and recovery well combined technology and SOO gallons per minute pumping capacity.The project used the high flow recovery well for hydraulic control of liquid-phase hydrocarbons lens adjacent to the reef near Georgetown, Grand Cayman.The project also included the recovery ofliquid-phase hydrocarbons from monitor wells. em'""m�J �Ienne�����om, �egroUe�nn�n� S nor"; S c�nn�s; L,'S\�, �00� Project Manager responsible for remedial action atretail petroleum site on St.Thomas, US Virgin Islands. Project involved Superfund cleanup of solvents through pump and treat, dual-phase extraction and hydraulic oil cleanup through soil excavation. Project also involves, bio-sparging of groundwater with oxygen enriched air and soil vapor extraction. �00� Hearing conservation study at United States Postal Service facilities in South Florida to allow USPS to determine worker exposure and personal protection requirements as per OSHA. APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | z | | u�u ,uow Page 521 of 667 8.H. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Ordinance No. 20-010 - Second Reading -Approve proposed amendments to Chapter 18, Article 111, Municipal Police Officers' Retirement Trust Fund; amending Sections 18-164, 18-165, 18-169, 18-174, and 18-175. Explanation of Request: To accept modifications to the Municipal Police Officers' Retirement Trust as agreed during negotiations of the PBA Police Officers and Detectives Collective Bargaining Agreement and the PBA Police Sergeants Collective Bargaining Agreement: • Use of I PTR extended through November 2021 • Increase in employee contributions each year of agreement • Provide uniform DROP benefit to employees hired on or after October 1, 2019 • Revisions to normal retirement date and benefit An Actuarial Impact Statement regarding these pension changes is attached. How will this affect city programs or services? Fiscal Impact: Budgeted The actuarial impact summary is attached, which estimates that the required City contribution begins to steadily decrease at the end of fiscal year 2021 as a result of these pension plan amendments. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 522 of 667 ATTACHMENTS: Type Description D Ordinance Ordinance approving amendments to police pension ordinance on second reading D Addendum Actuarial Impact Summary Page 523 of 667 1 2 ORDINANCE 20- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 5 AMENDING ARTICLE III OF CHAPTER 18 OF THE BOYNTON 6 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE 7 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION 8 18-164 TO PROVIDE FOR MUTUAL CONSENT REGARDING USE 9 OF THE 185 MONEY AND AN INCREASE IN THE MEMBER 10 CONTRIBUTIONS; AMENDING SECTION 18-165 DEFINITION OF 11 BENEFICIARY TO ALLOW FOR PAYMENT OF LUMP SUM 12 BENEFITS TO A TRUST; AMENDING SECTION 18-169 TO ADD A 13 NEW NORMAL RETIREMENT BENEFIT FOR POLICE OFFICERS 14 HIRED AFTER OCTOBER 1, 2019 AND ADD A MAXIMUM 15 PENSION BENEFIT;AMENDING SECTION 18-169(e)TO REFLECT 16 THE NEW BENEFIT FOR POLICE OFFICERS HIRED AFTER 17 OCTOBER 1, 2019; AMENDING SECTION 18-174 TO COMPLY 18 WITH THE NEW FEDERAL SECURE ACT; AMENDING SECTION 19 18-175 DEFERRED RETIREMENT OPTION PLAN TO PROVIDE 20 THAT MEMBERS HIRED AFTER OCTOBER 1, 2019 WILL ARE 21 SUBJECT TO SECTION 18-300 OF THE CITY CODE FOR THE 22 TERMS OF THE DROP PLAN AND TO PROVIDE THE PROCESS 23 FOR DISTRIBUTION OF THE DROP IN THE EVENT OF DEATH 24 OF THE DROP PARTICIPANT WITH A BALANCE IN THE 25 ACCOUNT AND ESTABLISHING A PRIORITY DISTRIBUTION IN 26 THE EVENT THERE IS NO DESIGNATED BENEFICIARY; 27 PROVIDING FOR CODIFICATION CONFLICT, SEVERABILITY, 28 AND AN EFFECTIVE DATE. 29 30 WHEREAS, the City and the Palm Beach County Police Benevolent Association 31 ("Union")have agreed in collective bargaining to make certain changes to the Pension Benefits 32 provided to the Police Officer members of the Pension Plan; 33 WHEREAS, the City and the Union have agreed in collective bargaining to a change 34 to the DROP plan which is effective for members hired on or after October 1, 2019; 35 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so 36 amend the Boynton Beach Police Officers Pension Fund. 37 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE 38 CITY OF BOYNTON BEACH FLORIDA 39 Page 524 of 667 40 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and 41 correct and are incorporated herein by this reference. 42 43 Section 2. Section 18-164(b) of Article III of Chapter 18 of the Boynton Beach 44 Code of Ordinances is hereby amended as follows: 45 46 Sec. 18-164. Creation and maintenance of fund and retirement system. 47 48 49 50 (b) The fund shall be maintained in the following manner: 51 52 (1) By payment to the fund of the net proceeds of the .85% excise tax which is 53 imposed by the City of Boynton Beach upon certain casualty insurance companies on 54 their gross receipts of premiums from holders of policies,which policies cover property 55 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter 56 185, amended. These amounts are to be deposited with the Board of Trustees within 57 five days of receipt by the municipality. F.S. Ch. 185. 1*November of 2017 58 and n in November of 2021 2018 only, $30,000.00 of each year's distribution of 59 the insurance premium excise tax provided for in this subsection will be used by the 60 City to offset the unfunded actuarial liability of the Fund. The remainder of the 61 insurance premium excise tax received each year F-tt*ds will be used as set forth in 62 Section 18-169(f) of the Plan, which provides for a supplemental benefit as defined in 63 Florida Statutes §185.02(22). 64 65 (2) By the payment to the fund of 7% of the salary of each full time police officer 66 duly appointed and enrolled as a member of the City of Boynton Beach Police 67 Department;which 7% shall be picked up,rather than deducted,by the City of Boynton 68 Beach from the compensation due to the Police Officer and paid over to the Board of 69 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All 70 pickup contributions shall be treated as employer contributions for the purposes of 71 determining tax treatment under the Internal Revenue Code of 1986, as amended. All 72 such pick up amounts shall be considered as employee contributions for purposes of this 73 plan. The percentage deducted from the police officers' salaries are to be deposited with 74 the Board of Trustees immediately. F.S. Ch.185, Boynton Beach Code of Ordinances 75 Sec. 18-170. 76 a. Effective the first full payroll period after October 1. 2019. the 77 employee contribution will increase to 7.5%. 78 b. Effective the first full payroll period after October 1. 2020. the 79 employee contribution will increase to 8.0%. 80 C. Effective the first full payroll period after October 1. 2021. the 81 employee contribution will increase to 8.5%. 82 d. The increase in employee contributions provided for in subsections 83 -c will not reduce the City's contribution. The excess City contribution 2 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 525 of 667 84 created by those additional contributions will be used to offset the unfunded 85 actuarial liability. 86 87 e. To fund the monthly supplemental benefit provided for in Section 88 18-169(f). effective October 1. 2001, each police officer shall contribute an 89 additional l% of salary through twenty years of service. This contribution 90 is picked up rather than deducted under the provisions of Code section 91 414 h 2 92 93 (3) By all fines and forfeitures imposed and collected from any police officer 94 because of the violation of any rule and regulation adopted by the Board of Trustees. 95 F.S. Ch. 185. 96 97 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum 98 equal to the normal cost and the amount required to fund any actuarial deficiency shown 99 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On 100 an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 101 102 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185. 103 104 (6) By all accretions to the fund by way of interest or dividends on bank deposits, 105 or otherwise. F.S. Ch. 185. 106 107 (7) By all other sources or income now or hereafter authorized by law for the 108 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185. 109 110 Section 3. Section 18-165 Definition of Beneficiary of Article III of Chapter 18 of 111 the Boynton Beach Code of Ordinances is hereby amended as follows: 112 113 Sec. 18-165. -Definitions. 114 115 The following words and phrases as used in this article shall have the following meanings: 116 117 ****** 118 119 Beneficiary. Any n r 1 person, ' , who is entitled to 120 receive a pension benefit payable from the Boynton Beach Police Officers' Pension Fund 121 upon the death of a member or participant. F.S. Ch. 185. A member's trust may only be a 122 beneficiary of the DROP Account. If there is no named beneficiary eligible to receive 123 the remaining DROP, member refund of contributions, or the remainder of the 10 year 124 certain period, the benefit can be paid to the member's estate. 125 126 Section 4. Section 18-169(a) of Article III of Chapter 18 of the Boynton Beach 127 Code of Ordinances is hereby amended as follows: 128 3 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 526 of 667 129 Sec. 18-169. Requirements for retirement-benefit amounts. 130 131 (a) Normal retirement. 132 133 (1) Normal retirement date. The normal retirement date of; 134 Police Officers hired before October 1, 2019eaeli peliee effieef will be the 135 first day of the month coinciding with, or next following, the date on which he 136 or she has attained and completed 20 years of credited service, or the first day 137 of the month coinciding with, or next following, the date on which the police 138 officer has attained age 55 and completed ten years of credited service or age 139 50 and completed 15 years of service. In the case of a retirement with twenty 140 (20) years of service, effective January 1, 2017, Normal Retirement Age is the 141 age a police officer has attained when retired at twenty (20)years of service. 142 b, Police Officers hired on and after October 1, 2019 will be the first day of 143 the month coinciding with, or next following. the date on which he or she 144 has attained and completed 25 years of credited service, or the first day of 145 the month coinciding with, or next following. the date on which the police 146 officer has attained aye 55 and completed ten years of credited service. In 147 the case of a retirement with twenty-five (25) years of service. effective 148 October 1. 2019, Normal Retirement Age is the age a police officer has 149 attained when retired at twenty(25) years of service. 150 151 (2) Normal retirement benefit. The normal retirement benefit payable to a police officer 152 who retires on or after the normal retirement date shall be an amount equal to the 153 number of years of his or her credited service multiplied by 3.5% of his or her average 154 final compensation. For EfFe r��� all police officers hired 155 on or after October 1, 2015, the 3.5% multiplier provided for in this *e paragraph 156 shall be 3.0%. Effective [insert date of passage] for all police officers. the 157 maximum retirement benefit under the normal form of benefit is 85% of average 158 final compensation, provided that in all cases the benefit is at least 2.751/o for 159 each year of service. 160 161 162 Section 5. Section 18-169(e) of Article III of Chapter 18 of the Boynton Beach Code of 163 Ordinances is hereby amended as follows: 164 165 (e) Separation from service. 166 167 (1) The vesting period for members hired on or after October 1, 2016, is ten years. The 168 vesting period for members who were hired before October 1, 2016, and terminated 4 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 527 of 667 169 after October 1, 2020, is five years of service. If a member leaves the service of the 170 city before vesting, such member shall be entitled to a refund of all of his or her 171 contributions made to the fund, without interest. 172 (2) Benefit commencement date for ten-year vesting. 173 Police Officers hired before October 1. 2019 and on or after October 1. 174 2016: If any member who had been in the service of the city for at least ten years 175 elects to leave his or her accrued contributions in the fund, such police officer 176 upon attaining age 50 years or more(without reaching what would have been 20 177 years of service had he or she not terminated his or her employment)may receive 178 an early retirement benefit at the actuarial equivalent of the amount of such 179 retirement income otherwise payable to him or her at early retirement or upon 180 attaining what would have been normal retirement had he or she not terminated 181 his employment, such police officer may receive his or her accrued normal 182 retirement benefit. 183 b- Police Officers hired on or after October 1, 2019: If any member who had 184 been in the service of the city for at least ten years elects to leave his or her 185 accrued contributions in the fund, such police officer upon attaining age 50 186 years or more (without reaching what would have been 25 years of service 187 had he or she not terminated his or her employment) may receive an early 188 retirement benefit at the actuarial equivalent of the amount of such 189 retirement income otherwise payable to him or her at early retirement or 190 upon attaining what would have been normal retirement had he or she not 191 terminated his employment, such police officer may receive his or her 192 accrued normal retirement benefit. 193 194 (3) Benefit commencement date for five-year vesting. If any member who had been in the 195 service of the city for at least five years elects to leave his or her accrued contributions in the 196 fund, the police officer upon attaining age 55 with ten or more years of service (had he or she 197 not terminated employment) or reaching what would have been 20 years of service (had he or 198 she not terminated his or her employment), may receive the accrued normal retirement 199 benefit. The member may receive the benefits payable in the normal form or any option 200 available under Section 18-170. 201 202 203 Section 6. Section 18-174 of Article III of Chapter 18 of the City of Boynton Beach 204 Code is amended as follows: 205 206 Sec. 18-174. Miscellaneous. 207 **** 208 (f) Required distributions. 209 (1) In accordance with section 401(a)(9) of the Internal Revenue Code, all benefits 210 under this plan will be distributed, beginning not later than the required beginning 211 date set forth below, over a period not extending beyond the life expectancy of the 212 member or the life expectancy of the member and a beneficiary. 213 5 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 528 of 667 214 (2) Any and all benefit payments shall begin by the later of: 215 a. April 1 of the calendar year following the calendar year of the member's retirement 216 date; or 217 b. April 1 of the calendar year following the calendar year in which the member attains 218 age 72, provided the member has not reached age 70.5 by December 31, 2019. 219 220 (3) If an employee dies before his or her entire vested interest has been distributed to him 221 or her, the remaining portion of such interest will be distributed at least as rapidly as provided 222 for under this plan. 223 224 225 Section 7. Subsections 18-175(a) and (1) of Article III of Chapter 18 of the City of 226 Boynton Beach Code is amended as follows: 227 228 Sec. 18-175. Deferred retirement option plan 229 (a) A deferred retirement option plan ("DROP") is hereby created. 230 (1) Members hired on and before September 30,2019 who elect to participate 231 in the DROP are subiect to the DROP terms as provided for in this Section 232 18-175. 233 (2) Members hired on and after October 1, 2019 who elect to participate in 234 the DROP are subiect to the DROP terms as provided for in Section 18- 235 300 of the City of Boynton Beach Code. 236 237 238 (1) Death benefits If an employee shall die during participation in the DROP, a 239 survivor benefit shall be payable in accordance with the form of benefit chosen 240 at the time of entry into the DROP. 241 1) If a DROP Participant dies with a DROP balance in the Pension 242 Fund, then the entire balance of the DROP account shall be converted to 243 1he name of the beneficiary, designated on a form provided by the board 244 of trustees. 245 a. If the designated beneficiary is the surviving spouse. the 246 account may remain niAh the fund until the latest period specified 247 under Internal Revenue Code Section 401(a)(9) and the regulations 248 thereunder. 249 b. If the designated beneficiary is a non-spouse beneficiary. 250 then the distribution must be made within 5 years of the DROP 251 participant's death. 252 C. If the beneficiary is a trust or the DROP participant's 253 estate,the balance must be paid out of the Fund in a lump sum. 254 6 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 529 of 667 255 2)If a DROP Participant fails to designate a beneficiary, or if the 256 beneficiary predeceases the DROP Participant. the entire balance shall be 257 converted,in the following order, to the name or names of: 258 259 a. The DROP Participant's surviving children on a pro rata basis: 260 b. If no children are alive. the DROP Participant's spouse: 261 c. If no spouse is alive. the DROP Participant's surviving parents on a 262 pro rata basis: or 263 d. If none are alive, the estate of the DROP Participant. The accounts 264 which are converted to the names of the beneficiaries shall have the 265 right to name a successor beneficiary. This optionis not available to 266 a trust. 267 268 269 [THE REMAINDER OF SECTION 18-175 IS UNCHANGED] 270 271 Section 8. It is the intention of the City Commission of the City of Boynton Beach 272 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances 273 of the City of Boynton Beach Florida The Sections of this ordinance may be renumbered re- 274 lettered and the word Ordinance may be changed to Section Article or such other word or phrase 275 in order to accomplish such intention. 276 277 Section 9. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in 278 conflict herewith be and the same are hereby repealed to the extent of such conflict. If any 279 clause section or other part or application of this Ordinance shall be held by any court of 280 competent jurisdiction to be unconstitutional or invalid such unconstitutional or invalid part or 281 application shall be considered as eliminated and so not effecting the validity of the remaining 282 portions or applications remaining in full force and effect. 283 284 Section 10. This Ordinance shall take effect when the following conditions precedent 285 to the adoption of this Ordinance have occurred. 286 (a) the City Commission has received and has accepted a report establishing the actuarial 287 soundness of these amendments or a letter of opinion from the Plan Actuary that the amendment 288 has no actuarial impact; and 289 290 (b) the Ordinance and impact statement have been sent to the State of Florida Division of 291 Retirement. 292 293 294 FIRST READING THIS DAY OF , 2020. 295 7 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 530 of 667 296 297 SECOND,FINAL READING and PASSAGE THIS DAY OF , 298 2020. 299 300 CITY OF BOYNTON BEACH, FLORIDA 301 302 YES NO 303 304 Mayor— Steven B. Grant 305 306 Vice-Mayor—Ty Penserga 307 308 Commissioner—Justin Katz 309 310 Commissioner—Woodrow L. Hay 311 312 Commissioner— Christina L. Romelus 313 314 315 VOTE 316 ATTEST: 317 318 319 320 Crystal Gibson, MMC 321 City Clerk 322 323 324 (Corporate Seal) 325 326 8 S:\CA\Ordinances\Pension\AMENDMENT_TO_ADD_2019_CBA_AND_TRUST_ASBENEFICIARY_(00146793-2xbc 171)(2nd Reading).Docx Page 531 of 667 9 527§f 954-'525.0083 GRS February 25, 2020 Mr. Louis M. Penque Plan Administrator Boynton Beach Municipal Police Officers' Retirement Fund 2100 N. Florida Mango Road West Palm Beach, FL 33409 Re: City of Boynton Beach Municipal Police Officers' Retirement Fund Actuarial Impact Statement Dear Louis: As requested we have prepared the enclosed Actuarial Impact Statement for the proposed ordinance that would amend the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan) as follows: • Beginning November 2019 and ending November 2021, $30,000 of each year's distribution of insurance premium excise tax dollars will be used to offset the Unfunded Actuarial Liability of the Plan. • The Member Contribution rate towards the base Pension Benefit for all employees will increase from 7.0%of Compensation to: 0 7.5%of Compensation beginning October 1, 2019; 0 8.0%of Compensation beginning October 1, 2020; 0 8.5%of Compensation beginning October 1, 2021. • The Normal Retirement Date for Police Officers hired on or after October 1, 2019 will be the first day of the month after attaining the earlier of: o Age 55 and 10 years of credited service, or 0 25 years of credited service regardless of age • Police Officers hired on or after October 1, 2019 are vested once they reach 10 years of Credited Service. Upon attaining 50 years of age or what would have been 25 years of Credited Service had the police officer remained employed, a member may commence his or her deferred,vested benefit. If the member chooses to commence benefits at age 50,the benefit will be the actuarial equivalent of the amount that would have been payable under Early Retirement or Normal Retirement. • The maximum retirement benefit for all Police Officers under the normal form of benefit will be 85% of average final compensation, provided that in all cases,the benefit will be at least 2.75%of average final compensation for each year of service. • Members who are hired on or after October 1, 2019 must enter DROP within 30 days of reaching the latest Normal Retirement Date. • Only Police officers hired before October 1, 2019 may have multiple methods of DROP interest accumulation to choose from. For Police Officers hired on or after October 1, 2019, DROP balances will r Mr. Louis M. Penque, Plan Administrator February 25, 2020 Page 2 be credited with earnings with a minimum annual interest credit of 0% and a maximum annual interest credit of 8%, depending on the net rate (earnings less costs) earned by the Plan. • For members hired on or after October 1, 2019, upon termination of employment, participants in the DROP will receive the balance of the DROP. Installments and partial lump sums are no longer permitted. Because most of these changes affect future members (hired on or after October 1, 2019), and because the increase in member contributions begins in fiscal year 2020, this Ordinance will not change the results of our October 1, 2018 Actuarial Valuation. The changes in the member contribution rate will affect the October 1, 2019 valuation results, but that valuation has not yet been completed. Therefore, we have illustrated the future actuarial impact of this Ordinance with projections. Please see the attached exhibits, showing projections of the future cost impact of the proposed Plan changes over the next 30 years. Throughout the projection period, new members are assumed to be hired each year to replace the active members who are expected to leave employment. New employees are assumed to have the same average demographic characteristics (age, gender and salary—adjusted each year for inflation) at their dates of employment as those of current active members. All members who were not eligible for normal retirement as of October 1, 2019 are assumed to retire no later than the date they attain their maximum benefit of 85%of average final compensation. We recommend that you send a copy of this letter and the ordinance to the Bureau of Local Retirement Systems. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this letter due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial Mr. Louis M. Penque, Plan Administrator February 25, 2020 Page 3 condition include: 1. Investment risk—actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk—actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk—actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk—members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks—members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more)than the assumed rate,the cost of the Plan can be expected to increase (or decrease). Likewise if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this letter should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this actuarial impact statement. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision making process. Disclosures and Qualifications This actuarial impact statement was prepared at the request of the Board of Trustees and is intended for use by the Board and those designated or approved by the Board. This actuarial impact statement may be provided to parties other than the Board only in its entirety and only with the permission of the Board. Mr. Louis M. Penque, Plan Administrator February 25, 2020 Page 4 The purpose of this actuarial impact statement is to describe the financial effect of the proposed changes to pension plan benefit provisions. This letter should not be relied on for any purpose other than the purpose described. The calculations in this letter are based upon information furnished by the Plan Administrator for the October 1, 2018 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. For additional information regarding the assumptions or benefits used in this actuarial impact statement please see the "Actuarial Assumptions and Cost Method" and "Summary of Plan Provisions' sections of the October 1, 2018 Actuarial Valuation Report. The calculations are based upon assumptions regarding future events, which may or may not materialize.They are also based on the assumptions, methods, and plan provisions referenced or described in this letter. Future actuarial measurements may differ significantly from the current measurements presented in this letter due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of this letter prior to relying on information in the letter. Peter N. Strong and Jeffrey Amrose are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. They are independent of the plan sponsor. This actuarial valuation and/or cost determination was prepared and completed by us or under our direct supervision, and we acknowledge responsibility for the results. To the best of our knowledge, the results are complete and accurate. In our opinion, the techniques and assumptions used are reasonable and are based on generally accepted actuarial principles and practices. There is no benefit or expense to be provided by the Plan and/or paid from the Plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been considered in the valuation. Mr. Louis M. Penque, Plan Administrator February 25, 2020 Page 5 We welcome your questions and comments. Sincerely yours, Peter N. 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PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Proposed Ordinance No. 20-002 - Second Reading -Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the June 16, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the FLUM amendment that changed the classification from DRI to Mixed Use Low(MXL). In a follow-up to this city-initiated action, the applicant submitted a request for rezoning of the mall from the current C-3 Community Commercial district to the SMU, Suburban Mixed Use district. It should be noted that the SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. The Pine Preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, is not included in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational (REC) zoning. It is, however, a part of the Master Plan for the Mall, submitted concurrently with the rezoning application. The Planning & Development Board reviewed this request at its December 9th meeting and recommended it for approval. How will this affect city programs or services? No significant impact on either programs or services Fiscal Impact: None at this time, but the future redevelopment of the Mall will contribute to the City's tax base. Alternatives: None recommended Strategic Plan: Page 539 of 667 Strategic Plan Application: The subject item is located within an area subject to a planning study identified to be completed under Strategic Plan Project 2.6.1. Subject application represents a key component within the future Congress Avenue Corridor (Mall) District. Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance approving Boynton Mall Rezoning Staff Report Staff report Location Map E HIBITAI. BB MALL Ownership Location Map E HIBITA2. BB KAALLAerial Location Map EXHIBIT B. BB MALL Current FLU Location Map EXHIBIT C. BB MALL Current Zoning Location Map EXHIBIT D. BB MALL Proposed Zoning Page 540 of 667 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 7 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the property owner has made application to rezone land, said land being 13 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 14 MIXED USE(SMU); and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from 25 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 28 29 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 30 COUNTY OF PALM BEACH,FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 31 32 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 33 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 34 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 35 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 36 DISTANCE OF 1898.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 37 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 38 DESCRIPTION: THENCE S.88°05'26"W., A DISTANCE OF 846.73 FEET TO A POINT; 39 THENCE S.43032'54"W.,A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0059'39"E., 40 A DISTANCE OF 258.27 FEET TO A POINT;THENCE S16°46'44"E.,A DISTANCE OF 199.60 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 541 of 667 41 FEET TO A POINT, THENCE S.0°59'39"E., A DISTANCE OF 102.20 FEET TO A POINT; 42 THENCE S.44046'34"E, A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY 43 LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE 44 N.89046'34"W.,ALONG SAID NORTHERLY LINE,A DISTANCE OF 1684.28 FEET TO THE 45 POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE 46 N.0°51'51"W.,ALONG SAID EASTERLY LINE,A DISTANCE OF 1228.05 FEET TO A POINT; 47 THENCE S.87058'2I"W.,A DISTANCE OF 20.01 FEET TO A POINT;THENCE N.0°51'51"W., 48 A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87058'21'E.,A DISTANCE OF 55.65 49 FEET TO A POINT; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET TO A POINT; 50 THENCE N.0053'26"W.,A DISTANCE OF 362.94 FEET TO A POINT;THENCE N.32013'52"E., 51 A DISTANCE OF 315.12 FEET TO A POINT;THENCE N.000 1'27"E.,A DISTANCE OF 244.69 52 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON CANAL; 53 THENCE N.88005'26"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 54 1801.04 FEET TO A POINT; THENCE S.0059'39"E, A DISTANCE OF 472.86 FEET TO A 55 POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 56 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID 57 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.46027'06'W., A 58 DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 59 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; 60 THENCE N.88005'26"E.,A DISTANCE OF 430.00 FEET TO A POINT;THENCE N.43032'54"E., 61 A DISTANCE OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS 62 AVENUE;THENCE S.0059'39"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 170.01 63 FEET TO A POINT; THENCE N.46027'06"W., A DISTANCE OF 56.11 FEET TO A POINT; 64 THENCE S.88005'26"W.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE S.0059'39"E., 65 A DISTANCE OF 230.00 FEET TO A POINT;THENCE N.88005'26"E.,A DISTANCE OF 340.00 66 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 150.00 FEET TO A POINT; 67 THENCE S.88005'26"W,A DISTANCE OF 340.00 FEET TO A POINT;THENCE S.0059'3911E., 68 A DISTANCE OF 229.99 FEET TO A POINT;THENCE N.8800512611E.,A DISTANCE OF 608.00 69 FEET TO A POINT; THENCE N.4303215411E, A DISTANCE OF 57.02 FEET TO A POINT ON 70 THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.005913911E, ALONG SAID 71 WESTERLY LINE,A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE 72 OF BEGINNING. 73 74 CONTAINING 4,796,896 SQUARE FEET, 110.121 ACRES,MORE OR LESS. 75 SUBJECT TO EASEMENTS,RESERVATIONS,AND/OR RIGHTS-OF-WAY OF RECORD. 76 77 78 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 79 accordingly. 80 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 81 Section 5. Should any section or provision of this Ordinance or any portion thereof be 82 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 83 remainder of this Ordinance. 84 Section 6. This ordinance shall become effective immediately upon passage. 85 FIRST READING this day of 2020. S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 542 of 667 86 SECOND, FINAL READING and PASSAGE this day of , 2020. 87 CITY OF BOYNTON BEACH, FLORIDA 88 YES NO 89 90 Mayor— Steven B. Grant 91 92 Vice Mayor—Justin Katz 93 94 Commissioner—Mack McCray 95 96 Commissioner—Christina L. Romelus 97 98 Commissioner—Ty Penserga 99 100 VOTE 101 ATTEST: 102 103 104 105 106 Crystal Gibson, MMC 107 City Clerk 108 109 110 111 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 543 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: November 25, 2019 PROJECT: Boynton Beach Mall Rezoning (REZN 19-001) REQUEST: Approve Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, Land Planner, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Future Land Use Mixed Use Low (MXL) (Exhibit "B") Current Zoning: C-3, Community Commercial (Exhibit "C") Proposed Zoning SMU, Suburban Mixed Use (Exhibit "D") Acreage: +/- 108.30 acres Page 544 of 667 Page 2 Boynton Beach Mall REZN 19-001 Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south,Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. THE SITE The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The mall currently includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. 2 Page 545 of 667 Page 3 Boynton Beach Mall REZN 19-001 BACKGROUND AND REQUEST The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the city-initiated FLUM amendment that changed the classification from DRI to Mixed Use Low (MXL). The action—undertaken in preparation for redevelopment of the Mall— did not include rezoning, expected to be applied for by a developer at a later date, concurrently with a master plan for the entire site. The pine preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, was not the included in the subject amendment. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational zoning (REC). The applicant submitted a request for rezoning from the current C-3 Community Commercial district to a SMU, Suburban Mixed Use district, and a five-phase Master Plan, which will guide redevelopment of the Mall. The Master Plan proposes a mix of uses including: • A maximum of 1,420 multi-family residential dwelling units; • A maximum of 400 hotel rooms; • Approximately 1,024,000 square feet of non-residential uses, comprising roughly: ■ 629,000 square feet of shopping center uses, ■ 123,000 square feet of existing Church use, ■ 20,000 square feet of fitness center use, ■ 10,000 square feet of restaurant use, ■ 65,000 square feet of general office, ■ 65,000 square feet of medical office, ■ 80,000 square foot existing theatre with 3,650 seats, and ■ 23.3 acres of Open Space Note that the Master Plan does include the approximately 7.4 acre Pine Preserve, although the latter is not a subject of rezoning. For more information on the Master Plan, see the corresponding staff report. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. It should be noted that the requested zoning district of SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. For that reason, the responses to the criteria below will parallel—when appropriate— those provided for the review of the earlier future land use amendment for the site. 3 Page 546 of 667 Page 4 Boynton Beach Mall REZN 19-001 a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. Criterion as intended is not applicable. The current C-3 zoning of the Mall is inconsistent with its new MXL future land use designation. As stated above, the SMU is the only zoning option for the MXL-classified site. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan was addressed in the staff's review of the future land use amendment to the MXL classification. To reiterate, the MXL classification and thus the proposed rezoning of the site to SMU, its only corresponding zoning district, is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. For the analysis of the consistency of the Master Plan with the LDRs, see the corresponding sfaff report. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent 4 Page 547 of 667 Page 5 Boynton Beach Mall REZN 19-001 and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. As argued in staff's review for the FLUM amendment, the now approved MXL future land use is not contrary to the established land use pattern, nor did it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses consisting of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the MXL and the proposed SMU zoning district can hardly be considered "isolated"; moreover, the MXL and SMU designations extend over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL and its attendant SMU district will very likely be recommended for other areas of the Congress Avenue Corridor District—for example, MXL will eventually replace the DRI classification of Renaissance Commons, which already carries SMU zoning. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed SMU zoning district is intended to support a large mixed use project with uses complementary to those within the project as well as those in the surrounding areas. Interconnectivity is one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. For more information of the sustainability features proposed for the Master Plan, see the corresponding staff report. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. 5 Page 548 of 667 Page 6 Boynton Beach Mall REZN 19-001 Trak. The traffic study has been submitted to the Palm Beach County Traffic Division. As underlined in the staff report for the Mall's FLUM amendment, the traffic impacts associated with the redevelopment of the propoperty are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. Gross Leasable Area (GLA). Traffic generation associated with the uses proposed by the Master Plan was subject to the equivalency analysis. Schools. The School Capacity Availability Determination application has been submitted. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale, which is reasonably related to the needs of the neighborhood and the City as a whole. The response to criterion "f' parallels the response provided in review for the FLUM amendment: the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties. See response to criterion "c." The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (The incoming site plans will implement the Master Plan's measures aimed at mitigating potential negative impacts of the development on the single-family neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the east side of Congress Avenue to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, 6 Page 549 of 667 Page 7 Boynton Beach Mall REZN 19-001 (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As affirmed in the staff's review of the FLUM amendment, redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested rezoning meets criterion "g(1)". The ensuing project has also a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. (Between 2016 and 2017, the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168.) • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "g5", and "g7"); • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The FLUM amendment and the proposed rezoning of the Mall can potentially reduce the amount of land available for commercial development since the MXL and SMU encourage a mix of residential and commercial uses. Inclusion of residential uses supports the "live, 7 Page 550 of 667 Page 8 Boynton Beach Mall REZN 19-001 work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Not applicable- the proposed rezoning follows the approved FLUM amendment. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the analysis of the Master Plan compliance with LDRs, see the corresponding staff report (MPMD 19-004). CONCLUSION/RECOMMENDATION The request under consideration consitutes the follow up to the city-initiated reclassification of the Mall to the Future Land Use of Mixed Use Low (MXL), approved on April 16, 2019. Given that the SMU district is the sole zoning district corresponding to the MXL classification in the subject location, staff recommends approval of the proposed rezoning. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\REZN 19-001 BB Mall Rezoning\BB Mall Rezoning REZN 19-001.docx g Page 551 of 667 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S 0 62 Owners other than Boynton Mall LLC . 25 250 3I 500 t EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t ��� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 �g�t EXHIBIT B BOYNTON BEACH MALL FLU SCLASSIFICATION 1 NO NEW t{ I t , � t z• , p �1 Mixed Use Low (MXL) rif / IIIIIIIIIIIII� t_ J \ tt. f 1 � � f r +jy E G >{ Y 4 t � I S5 4 , 1 r t } li! f_ jj( 4 tt LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) WE _,`, ` LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) ggpt EXHIBIT C BOYNTON BEACH MALL CURRENT ZONING l4 h — �r ,il yt51 ill�ttl{}ts r7s\\} lli tiVl- ` i r+t -.tlt+ ,„ a itt {ts� } 4gi jt irlt 4}!Ar ry}tI rstt rAtt f(4 4:JiJly t`7t £J_t ritS�{ l�r s 1A� v� i !¢ t �,,Yrrr r1 rltit 4 " 4 � , 14 ,'! -. t l 'tt A:u{y;i 7+i„+yil4r,i+li:r i i h}_,,,;r�t�,t.,}Ilmt I£t+rsri{1)r„;�i}s r rr)i 1t��t r r t+it t s:�t)5}( ,+}ly�\ `\\it;slit i+7,r{{ \/1(4s4✓it}!(ii sr It+\r{I s{ili�'l,S,t, ty, s„} tiit} ,,j ISJt)I itll,l t i\) lr s1}Sir{yj rti t Irti 75( .(£ f t f`t(£,( 4s r __ti}v #r.) j S } P Jt 1t+r }tt,44,,,f 1 tt Ia7J't r t J t' t'\Stl\{tU7itl f r\tvt \ {�\ Jp+firs tV t tt4GiJ!v\}1t I It SI`!1,{t+{klt �s i4t I 77rt ISh+k VI r o +t la1 rbll£t t vrt`t),4} a£i VriY dt' tt l ti tit fi. 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ISI t t tlgr f i tri S4 + till jt} sl t ! tt Jl+ill t t r ri rltlj 11117+tt1 Jy'tlt;(t }lb4)51JarU\h1S\6r1S13x1}\h1S\h1S\h1S\titU\h1S\h1S\h1S\brb\h1S\h1S\h1S\dr1SSh1S\h1S\h1S\drit�its tY,rYu rd;,tYu Au ath u-� 9 {u1�{Iu"�t t„'life,t{}fl},3,ti t}' ttA,ttu sdA�t} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N a ,t ,;l,kr,tt'y C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640�g�t REC Recreation EXHIBIT D BOYNTON BEACH MALL PROPOSED ZONING �r irr rrr i4} rf}'j r4}(ry rt r' Alyt \1i } }� 4 rl �u. r£,lrr ir)rr lrlrlrS £!�'� r,,1 (i it Irr Y�pirrrit�r ,lr t — (i, ilr�, �rsrf�tlrrrr err rirtri}1141+��� �;� i �' fS})t rrr. f rrr tri Irr t , 'tr 1C �f�ilir�fi�r iir��i�«r v}�) jSr ��� s rrr if t t -t ifl} _ ttf s i c Iq tit r} � }�lrrr Si 1 m PROPOSED ZONING: SMU rrr SUBURBAN MIXED USE yy 1 r4r rir 1 y(�I 1jI rf lrfrrr� r}� �1�f rr ��s } t - {{„ r rrrt rr rt liI r rrrr}i- rrr 1� t i riui ,r, }}v;li('IlislirS� t? 1rr,(rrltru}`u, iyi,rr` £� 1£r �rtTr'��y � l} It � It rtl �itrt� ul-r tr51(tt �r}}k1}t 1�),:'. r sr ���}f�Ai}�a rt Ut liv iltrr ri it t j tf r�i�f ?, 1 1 rrtf rf��rl , r Grir}ii �111t> ��:{rl t f}1R£x- } 1 It ti 1 rrr � � t 1f1 Ir hl- t r 111 t rSr a�� r y 1st(r!/rr z vOt�i i� 1 Ir rl�l� rii 11 r�{ rl r rrrr� I}r t� r� r t � y tYr X14 rr. f1A r4Ul r I. r t sr i i rrtr�ii rrtsr} 1 t�rs��rr ilrtnitl 'tlSt iS t{y i } rf1�r1 11 trt}f i11�1 �} fij>> yy4}r I�r(fr 1 r y�rtrt S 1 1}str{rr} �i � if} r� N/r i 1r �l r 1 i t r r ;rf.it � 1 i r r1 S�rtr £4}Ir{ r \ttl ryr t( lr ltjr�r,tr 7Srtrf ftifl trt 11 Gr i �; r11 1tr r 1 -U r r r1 r 2 r r s frtf 1 1 r� ( �� r -r irrr It U 4> r£ f rpt rK }r rr) It ttl}� rr 1 S(, r 4t}>yr rl r r�£ t r��l1 -S It{Ilr ": t 11 �rrl } i,irr ir'} rttyl� rrf�71� 5 i+i}}�} V �it lirf li £�atst� ilsr�itrl r{f}r(t�'ri1 t�rs`r r r 4 f i {}tt r r rrr s rr rr yl�r.lrrflr7 } 11 1 t i O 't t r s_ r i\ t t if£ {t� 7 } r (> rr r r Jr 4 11+1. 1 tlrl s 7 � rt (r rri Yi}71r Il �sl} y t - t i r y }}r14� r 114 ii 4r�1rr{i rJ}£ i s r 11 `t;rrr rry } li4+fr rlr}r }rrf 'blit ri fr)lit f I r lfsi rr r�IJ��trilir yf i„`. r„rr I SiA r rr 11 r4r4Sr is u, V rr}r,l r rirr (s {S c r r r trA ( r it t r rrf rr 4-riq}rl i frf�r ���� 11', f ti Ilt\r(. f\y'tr n- r (�1,1+ r r S r rrif� r irri jr} ri t ! tr J�rrll t r r, ri rltlj ; �7�4)r�ur$\h11\dr11t3r11\h11\h11\h11\dti11\h11\h11\h11\drb\h11\h11\h11\dr11Sh11\h11\h11\drit�ris tt,,r7,,,rd;,¢r,,,r7,,,t rt,u-� � �uffr,,�� r„�lr}s,t{�+i},�,�i r�' rt,,,r7,,,�d,,it} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N rr „1ofr,'�trr C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640�g�t REC Recreation 8.J. PUBLIC HEARING 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Approval of the Master Plan Modification (MPMD 19-004)for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the June 16, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which permitted 1,108,000 square feet of gross leasable retail space. The mall has had several modifications to the site since 1982. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of"live, work and play" on the same site. The applicant is requesting approval to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail/ Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: • Reduce the existing Mall building square footage dedicated to Retail/ Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail/ Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail/ Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. Page 557 of 667 • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet(7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: The subject property is located within, and would be a significant component to the Congress Avenue (Mall) District Plan. This is one of 4 city-wide district plans to potentially be completed as Strategic Plan projects. Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit A-1: Ownership Map D Location Map Exhibit A-2: Location Map D Letter Exhibit B: Justification Statement D Drawings Exhibit C: Project Plans D Conditions of Approval Exhibit D: Conditions of Approval D Development Order Development Order Page 558 of 667 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-034 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely Principal Planner DATE: December 3, 2019 PROJECT NAME/NO: Boynton Beach Mall (MPMD 19-004) REQUEST: Master Plan Modification for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. PROJECT DESCRIPTION Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (see Exhibit "A") Existing Land Use: Mixed Use Low (MXL) Proposed Land Use: No change proposed Existing Zoning: Community Commercial (C-3) Proposed Zoning: Suburban Mixed Use (SMU) Proposed Use: Master Plan Modification of the Boynton Beach Mall, transforming the enclosed mall space and out-buildings to a mixed use type of development encompassing retail space, office space, residential units, restaurants and entertainment uses, within several buildings Page 559 of 667 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 2 on the site. The application for Master Plan modification proposes a maximum of 1,420 residential units, 400 hotel rooms, and 1,024,000 square of non-residential uses, comprised approximately of 629,000 square feet of retail space, 123,000 of existing church use, 20,000 square feet of existing fitness center use, 80,000 square feet of existing movie theater use, 10,000 square feet of restaurant use, 65,000 square feet of medical office use , and 65,000 square feet of general office use. Also included is approximately 23 acres of open space, including approximately 7.3 acres of existing pine preserve. Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of-way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L-23 Canal right-of-way and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which Page 560 of 667 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 3 permitted 1,108,000 square feet of gross leasable retail space. In 1989, the Master Plan was amended to allow for an increase in gross leasable retail space from 1,108,000 to 1,244,449 square feet to accommodate the addition of the Sears store. In 2005, the Master Plan was amendmended to provide for a conversion of 169,510 square feet of the existing retail space (through the demoliton of the Macy's store, which relocated to the former Burdines' space on the south end of the Mall) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space. As a result, the overall square footage was reduced from 1,244,449 square feet to 1,154,439. In 2012, the Development of Regional Impact (DRI) development order expired. That same year, Christ Fellowship Church purchased one of the two Dillard's sites and began renovations to accommodate church services. In 2014, the Simon Property Group, the Mall's owner, spun off their lower-tier mall assets around the country, including the Boynton Beach property, to an entity known as the Washington Prime Group. Also in 2014, Texas Roadhouse Restaurant, a 7,420 square foot standalone restaurant building, was approved adjacent to the main Mall entrance drive off of Old Boynton Road. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of "live, work and play" on the same site. As these discussions were taking place, Washington Prime was then faced with the loss of the Sears anchor store, as a result of corporate closures around the country. Staff worked with Mall ownership to suggest a Land Use change to Mixed Use Low to foster the type of development envisioned for the site, and encouraged Washington Prime to begin working on a Master Plan that would not only stabilize it, but make it a desireable destination once again. The City Commission approved the Land Use change to Mixed Use earlier this year, after review by the State's Department of Economic Opportunity (DEO). Now that the new Land Use designation is in place, Washington Prime has brought forward a request to rezone the property to Suburban Mixed Use (SMU), along with the requisite Master Plan. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail / Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: Page 561 of 667 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 4 • Reduce the existing Mall building square footage dedicated to Retail / Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail / Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail / Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). • Phase 1: The northern portion of the site where the Sears buildings and parking lots will be removed. This phase is intend to be developed with a maximum of 400 dwelling units, with a maximum building height of 55 feet. • Phase 2: The portion of the site immediately south of Phase 1 and located between the northern end of the remainder of the mall, including Christ Fellowship Church and Cinemark Movie Theater. The mixed use building(s) would be constructed between the church and the theater, with residential units constructed above the new retail space, with a maximum height of 75 feet. • Phase 3: This portion of the site encompasses the southwest quadrant, south of Christ Fellowship Church and also includes the Pine Preserve Area along the northwest perimeter of the property. This phase is intended to be developed with a maximum of 300 dwelling units, with a maximum height of 55 feet, the Fire Substation, a restaurant outparcel, and approximately 3 acres of open space / park area. • Phase 4: This portion of the site is immediately south of Phase 2 and east of the JC Penney Department Store. This phase is intended to include two more mixed use structures with residential units constructed above the new retail space, with a maximum height of of 55 feet in one building and 75 feet in the other. This phase also includes a proposed 200 room hotel and approximately 2 acres of open space, as well as the "Mainstreet" infrastructure improvements. • Phase 5: The final portion of the site is the remainder of the south section of the mall site, fronting Old Boynton Road, and includes another mixed use structure with residential units constructed above the new retail space, another 200 room hotel, and the remainder of the commercial / restaurant outparcels to line Old Boynton Road, with a maximum height of 55 feet. • The proposed office uses could be constructed in any of the Mixed Use phases. Page 562 of 667 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 5 For comparison purposes, the Boynton Village & Town Center site to the east of the Mall, across Congress Avenue, is zoned a combination of SMU (Suburban Mixed Use), like that being proposed for the Mall site, and C-3 (Community Commercial). The site is 89.3 acres in size, compared to the 116.3 acre Mall site. Boynton Village & Town Center is approved for 1,115 dwelling units, resulting in a density of 12.5 dwelling units per acre, which is comparable to the 12.9 dwelling units per acre proposed by the Mall Master Plan submittal for 1,420 dwelling units. The Boynton Village & Town Center project was developed more in the style of horizontal mixed use, while the Master Plan for the Mall envisions more vertical mixed use for much of the new construction, especially at the center of the site, bordering the proposed "Mainstreet". "Mainstreet" acts as the direct vehicular connection from Congress Avenue to the site and includes an expanded amenity area along proposed buildings, street trees, and parallel parking. Pedestrian connectivity is proposed throughout the site and designed to link the site to both Congress Avenue and Old Boynton Road. Pedestrian paths are also proposed to allow access to and through the Pine Preserve. The building heights proposed are in compliance with the SMU zoning regulations and comparable to those constructed within the Boynton Village & Town Center project and Renaissance Commons development to the east, across Congress Avenue. Relative to the traffic circulation and vehicular trip generation associated with the proposed Master Plan design, two (2) new Mall entrances are proposed along the Old Boynton Road side of the property to better align with the proposed internal circulation pattern, while the westernmost existing driveway on Old Boynton Road will be eliminated. The applicant has submitted a traffic study for both County and City staff review. At time of preparation of this staff report, a traffic approval letter had not yet been received from the County. As such, the proposed development will be subject to any conditions contained in that letter. The traffic study submitted by the applicant indicates that, with the reduction in the amount of retail space, the overall daily traffic associated with the redevelopment of the Mall would decrease by 2,067 vehicular trips, from the existing 32,047 trips to 29,908. The AM Peak Hour vehicular trips however would increase from the current 945 trips to 1,414, an additional 469 trips, principally resulting from the addition of residential units to the site. The PM Peak Hour vehicular trips are projected to decrease by 611, from 2,977 trips to 2,366. The maximum square footage allowances depicted for the individual use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. The applicant, in their justification statement, notes that the rise of online shopping has drastically reduced the demand for in-store shopping and that "over a third of the mall's storefronts are vacant'. As noted previously, staff acknowledged the decline of many enclosed malls around the country and began a dialogue with Mall ownership to discuss the best methods to revitalize and redevelop the property. It was determined that the use of the City's mixed use zoning and regulations would likely bring the best results, as demonstrated by the successes that occurred with the Boynton Village & Town Center and Renaissance Commons projects. The applicant goes on further to say "Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City". Staff agrees that large scale mixed use developments, like the one proposed, reduce the number of vehicular trips needing to leave the site and encourages walking / biking from the place of residence to shopping, eating, entertainment, and recreation, thus reducing the carbon footprint associated with the site from vehicle emmissions. Page 563 of 667 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 6 RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\Staff Report MPMD 19- 004.doc Page 564 of 667 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S 0 62 Owners other than Boynton Mall LLC . 25 250 3I 500 t EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t ��� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 �g�t DUNAY Gary Dunay Ete Zachariade<s Bennie MiskeL Matthew H.Scott F Scutt Backman Christina Bite fnki 00000 Hope CaLhOUn Lauren G.Odom BACKMANLLP Dwayne Dickerson Zach Davits Walker Boynton Beach Mall Statement of Use and Justification for Rezoning and Master Plan SUBMITTED: November 19,2019 Boynton Beach Mall, LLC, Regional Enterprises, LLC, Christ Fellowship Church, Inc., Istar Florida 2015 Cinemas, LLC, and Macy's Florida Stores, LLC, (collectively referred to herein as "Petitioner"), own the+/- 116.35 acre Boynton Beach Mall ("Property'), which is generally located at the intersection of North Congress Avenue and Old Boynton Road within the City of Boynton Beach, Florida ("City").The Property is comprised of nine (9) parcels, identified by parcel control numbers 08-43-45-19-05-015-0010, 08-43- 45-19-05-017-0020, 08-43-45-19-05-018-0010, 08-43-45-19-05-015-0011, 08-43-45-19-00-000-1090, 08- 43-45-19-05-028-0010, 08-43-45-19-00-000-3020, 08-43-45-19-05-021-0010 and 08-43-45-19-05-034- 0010. A +/- 110.12 acre portion of the Property is developed for use as the Boynton Beach Mall ("Mall Property") and the remaining+/-6.23 acres is set aside for preservation of the existing pine forest ("Pine Preserve"). The Mall Property is designated MXL, Mixed Use Low, on the City's Future Land Use Map ("FLUM") and the Pine Preserve is designated R, Recreational, on the City's FLUM. The Mall Property is located within the City's C-3, Community Commercial, zoning district and the Pine Preserve is located within the City's REC, Recreation, zoning district.The Mall Property and Pine Preserve are identified in the aerial image below: S 17 MAP LEGEND Mall Property � Pique Preserve N 14 S.E,4th Street,Suite 36, Boca Raton, FF 33437 Fel: [561)405-3300 Fax:t5611 409-3341 wwwAr-nioblaw,corn Page 567 of 667 The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial/mixed use development located across North Congress Avenue to the east. The properties located to the northeast and south of the Property are also developed for commercial use,while the properties located to the west and northwest of the Property are developed as single family homes. DEMONSTRATION OF NEED Boynton Beach, a town of approximately 74,000 people, is a strong middle and upper income area with suburban growth areas to the west.The area's affluence is reflected in the existence of more than a dozen country clubs located within five (5) miles of the Property. The current use of the Property as an aging mall is in steady decline as it no longer meets the needs of the community and is slowly becoming a source of blight in the City. Two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities -a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. Redevelopment of the Property will revitalize a persistently declining center and allow the City to better meet the community's needs by satisfying demand for housing by providing high-quality compact housing opportunities and introducing a vibrant lifestyle center to the area for current and future residents to enjoy. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including +/- 1,034,745 of retail use, +/-7,600 square feet of restaurant use, +/-20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/-80,000 square foot theatre with 3,650 seats.The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years.The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping. This is evidenced in a significant decline in tenancy in recent years, with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2% and 2.5% during this period (Census Bureau's Population Estimates). The City has recognized that the Mall Property's current C-3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Page 2 of 9 Page 568 of 667 DEVELOPMENT PROPOSAL AND REQUEST In accordance with the City's vision for the Property, Petitioner proposes to redevelop the Property as a mixed-use development with residential and commercial use components ("Project") to meet the increased demand for compact, walkable communities and higher density living opportunities. Specifically, Petitioner seeks to reinvent the Property as a vibrant, mixed-use"live-work-play' community with ample amenities, a variety of active and passive open spaces distributed throughout, retail, dining, church, and entertainment offerings. In order to create a vibrant community, Petitioner respectfully requests approval for the following requests: Rezoning of the Mall Property from the C-3 zoning district to the SMU,Suburban Mixed Use,zoning district consistent with the Mall Property's MXL future land use designation ("Rezoning"),and Master Plan Approval for the Property to allow a mix of uses including a maximum of 1,420 multi-family residential dwelling units, a maximum of 400 hotel rooms, +/- 628,627 square feet of shopping center uses (including +/- 482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use,+/- 19,883 square feet of fitness center use,+/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/- 65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space,and+/-23.27 acres of Open Space ("Master Plan"). Although the +/- 7.359 acre Pine Preserve is not included in the Rezoning request, the area is included within the Master Plan and is proposed to be made accessible for passive recreational opportunities in Phase 2 of the Project. DENSITY AND INTENSITY The Project includes development of a maximum of 1,420 multi-family residential dwelling units on +/- 110.12 acres for an overall density of approximately 13 dwelling units per acre. In addition, the Master Plan is designed to provide for a maximum of 400 hotel rooms,+/-628,627 square feet of shopping center uses (including +/-482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use, +/- 19,883 square feet of fitness center use, +/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/-65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space, and +/-23.27 acres of Open Space. VEHICULAR AND PEDESTRIAN CONNECTIVITY The existing development includes a sea of parking with a striking lack of pedestrian connectivity, landscaping, and active recreation areas that speaks to the age and outdated nature of the current development. The Project is designed to create a vibrant mixed-use environment with walkability as a core principle and features a pedestrian circulation network providing safe, efficient, and enjoyable pedestrian connections throughout the entire Property.The Project's design offers residents and visitors ample active and passive open spaces and continuous pedestrian access to the cultural and shopping amenities. The proposed Main Street axis and east-west pedestrian circulation system will offer greater Page 3 of 9 Page 569 of 667 connectivity and a walkable environment for the Project's residents and visitors alike, while at the same time maintaining the sense of privacy and security for the residents in the multi-family components of the Project that is necessary for a high quality of life. The Project proposes gateways to the community through the existing North Congress Avenue entries, which will provide a strong sense of place. In addition, the proposed Main Street section provides for ample pedestrian access, bicycle infrastructure, and pedestrian landscape features. Provision of east-west pedestrian connections in each north-south quadrant of the Mall Property will promote placemaking within the central Main Street area by providing for linear parks and offering users active open green space throughout community. In addition, the northern access pedestrian circulation plan along the multi-family residences provide a more urban yet park-like setting with the provision of an amenity area including a street tree area, wide sidewalks, and active use area that significantly exceeds the code requirements for an SMU development. In all, the Project provides proximity to amenities and services, as well as creating a needed sense of a vibrant, diverse community that offers a space for the area's diverse demographics to come together. BUILDING MASSING AND HEIGHT The Project is designed in compliance with the City's SMU zoning regulations and provides a maximum building height of 55 feet for the stand-alone residential and commercial components and a maximum building height of 75 feet for the proposed vertically integrated buildings. PHASING The Project proposes development in five (5) phases with development occurring first in the northern portion of the Property as is shown on Sheet MP-5. Phase 1 is located in the northernmost portion of the Property and comprises a multi-family residential component and northern access from Congress Avenue. This phase is anticipated to be developed within the next 24 to 36 months. Phase 2 includes the vertically integrated mixed uses surrounding the existing Theatre and central driveway connection to Congress Avenue. Phase 3 includes stand-alone residential and commercial uses, activation of the Pine Preserve for passive recreational use, and provision of a pedestrian connection along the west side of the Property from the northern portion of the Property to Old Boynton Road. Phase 4 includes a combination of existing and new commercial uses, hotel, vertically integrated mixed uses, and open space in the area south of Phase 2. Phase 5 includes the remaining commercial and open space uses in the southeast portion of the Property. As detailed above, Phase 1 is anticipated to begin upon approval of this Rezoning and Master Plan with a Site Plan anticipated to be submitted concurrent with this request. The ultimate development of the remaining phases will be guided by changes in market demands over the course of the coming decade. It is important to note that each of the phases includes a portion of the proposed open space components such that they are equitably distributed throughout the Property. REZONING AND MASTER PLAN CRITERIA In accordance with the Section III.2.II.2.D of the City's Code, Petitioner will demonstrate below that the Rezoning and Master Plan: a) is needed; b) is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans,and Land Development Regulations;c) is not contrary to the established land use pattern, nor would it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare; d) supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives with an emphasis on 1) complementary land Page 4 of 9 Page 570 of 667 uses, 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties; e) does not exceed the availability of Public Services/Infrastructure; f) is compatible with the current and future use of adjacent and nearby properties, will not negatively affect the property values of adjacent and nearby properties and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole; g) furthers the implementation of the Economic Development(ED) Program, (2) contribute to the enhancement and diversification of the city's tax base, (3) respond to the current market demand or community needs or provide services or retail choices not locally available, (4) create new employment opportunities for the residents, with pay at or above the county average hourly wage, (5) represent innovative methods/technologies, especially those promoting sustainability, (6) be complementary to existing uses, thus fostering synergy effects, and (7) alleviate blight/economic obsolescence of the subject area; h) does not involve rezoning to a traditional zoning district and therefore is not subject to review for the conditions within this criterion for furthering the City's Economic Development Program; i) will not reduce the amount of land available for commercial development; j) no alternative sites are available elsewhere in the City in zoning districts that already allow the proposed use; and k)shall comply with the requirements of the SMU zoning district and the site development standards of Section 111.3.111.4.D. a. Demonstration of Need.Approval of the Rezoning Application is necessary in order to develop the Project. As described above, the Property is unique in size and nature as it is the location of a regional mall development. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including+/-1,034,745 of retail use,+/-7,600 square feet of restaurant use, +/- 20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/- 80,000 square foot theatre with 3,650 seats. The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years. The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping.This is evidenced in a significant decline in tenancy in recent years,with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2%and 2.5%during this period (Census Bureau's Population Estimates). Concurrent with the decline of traditional mall development, two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities - a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. The City has recognized that the Mall Property's current C- 3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission Page 5 of 9 Page 571 of 667 approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Approval of Petitioner's Rezoning and Master plan requests will provide a zoning district consistent with the Property's MXL future land use designation. Considering the foregoing, approval of the Rezoning and Master Plan application is necessary in order to develop the Project. b. Consistency. The proposed Rezoning is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. As described above, the City recently changed the Mall Property's FLUM designation from DRI to MXL. The existing C-3 zoning is inconsistent with the mixed-use intent of the MXL FLUM designation. The requested Rezoning is consistent with the intent of the new MXL future land use designation as it will allow for the redevelopment of the Property to become a vibrant, mixed-use community that will better meet the needs of the City's current and future residents. The proposed Rezoning promotes Policy 1.3.1 of the City's Future Land Use Element ("FLUE") by promoting compact development and safe and pedestrian-friendly streets. The Project is also designed to comply with the dimensional requirements in the City's Comprehensive Plan and Land Development Regulations with a maximum height of fifty-five feet(55')for perimeter buildings, a maximum height of seventy-five feet (75') for interior vertically integrated mixed use buildings, and a maximum residential density of twenty(20)dwelling units per acre for the Property subject to approval of the SMU rezoning application. In addition to the foregoing,the Project furthers the following Comprehensive Plan objectives and policies: FLUE Objective 1.7: The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Policy 1.7.2: The City shall encourage land assembly to promote large- scale redevelopment and infill projects. Policy 1.7.3: The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. FLUE Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2: The City shall discourage urban sprawl by: A) Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B) Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Page 6 of 9 Page 572 of 667 FLUE Objective 1.18: The City shall encourage transit-supportive land development patterns to promote multi-modal transportation and increased mobility. c. Land Use Pattern.The proposed Rezoning is not contrary to the established land use pattern, nor will it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare. In addition to the compatible future land use designation,zoning and existing use of surrounding properties, the physical scale of the Project is complimentary to the established land use pattern. Specifically, The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single- family community to the west.The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. The Project's perimeters will include significant open space and landscape buffers that will provide sufficient transition to the lower-intensity residential communities surrounding the Property. The existing use of the Mall Property is less compatible with the proposed use, as it currently stands as a largely underutilized commercial center with a "sea of parking" surrounding the mall.Considering the foregoing,the proposed Project will better serve the area as a live-work-play lifestyle center offering surrounding residents with ample cultural and open space amenities. d. Sustainability. Approval of the proposed Rezoning and Master Plan supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives. In particular,approval of the Rezoning application promotes a mix of complementary land uses in the area, a smart growth principle that is a "critical component to achieving better places to live" according to the Smart Growth Network. As described above, the uses immediately surrounding the Property are primarily residential and commercial. Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City. In addition, the Project is designed to foster interconnectivity within the Project and between adjacent properties. The design of the Project also provides space for landscaping and a comprehensive pedestrian network throughout the community, and it will both satisfy demand for housing with the provision of efficient, high-quality and higher-density housing opportunities, and bring a vibrant lifestyle center to the area. Approval of the proposed Rezoning and Master Plan will allow for a complementary mix of uses that supports alternative modes of transportation and provides interconnectivity within the Project and between adjacent properties. e. Availability of Public Services/Infrastructure. Petitioner will ensure the provision of adequate public services and infrastructure necessary to support the Project through the Site Plan application process required in order to develop the Project. Page 7 of 9 Page 573 of 667 f. Compatibility.Approval of the proposed Rezoning and Master Plan is compatible with the current and future use of adjacent and nearby properties; will not negatively affect the property values of adjacent and nearby properties; and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole. The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. As discussed in sections (c) and (d) above, the proposed Rezoning is compatible with the current and future use of the adjacent residential and commercially used properties. The proposed Rezoning will not negatively affect surrounding property values; rather,the Smart Growth Network advises that"siting commercial areas close to residential areas can [actually] raise property values". Considering the foregoing, the proposed Rezoning and Master Plan is consistent and compatible with the surrounding area, will not affect surrounding property values and is of a scale that relates to the needs of the neighborhood and City as a whole. g. Direct Community Sustainability and Economic Development Benefits. The approval of the proposed Rezoning and Master Plan will further implementation of the Economic Development (ED) Program, (2) Contribute to the enhancement and diversification of the city's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, (5) Represent innovative methods/technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects, and (7)Alleviate blight/economic obsolescence of the subject area.The proposed Project will promote the Economic Development Program by diversifying and reactivating the Mall Property as a strong commercial and community center for the City's residents.The Project proposes a mix of uses, including multifamily residential and a hotel component alongside +/- 1,023,843 square feet of non-residential uses. The existing mall use has +/-+/- 1,285,722 square feet of non-residential uses, 36.8 percent of which stands vacant. Redeveloping the mall as a mixed-use, live-work-play community with commercial uses integrated therein will better meet the needs of the City and reinvigorate the Mall Property's economic base. As such, the proposed Project will both enhance and diversify the city's tax base through new office, commercial, and residential uses,and in doing so will respond to the current market demand and community needs by providing new services, housing, and retail choices not otherwise locally available or captured by the existing mall use. Further, by reactivating the declining Mall Property with new commercial, office, and hotel uses, the Project will create new employment opportunities for the area's residents. Further, The Project will promote the use of innovative methods and technologies, specifically those contributing to sustainability through the development of a mixed-use community that drives efficient, new-urbanist lifestyle practices by providing a single place where users can enjoy a variety of services and amenities. In addition, by offering local residents a place for recreation,shopping,and leisure,as well as ample pedestrian circulation and open spaces,the Project will serve the community as a transition to the less intense residential communities to the Page 8 of 9 Page 574 of 667 west and northwest, and the commercial developments to the south and across North Congress Avenue to the east. As such, the Project will be complementary to existing surrounding uses and promote synergy effects throughout the area. Finally, an ailing mall in steady decline over the last decade,the redevelopment of the mall into a mixed-use community center will and alleviate the blight and economic obsolescence that the Mall Property currently faces, while better meeting the needs of the City's growing community. h. Economic Development Impact Determination for Conventional Zoning Districts. This criteria is applicable to applications requesting to rezone to a conventional zoning district only. Considering that the Rezoning Application seeks approval to rezone to an SMU planned zoning district, this criterion does not apply. That being said, the proposed Project will further the City's Economic Development Program by proving new housing opportunities and a mix of commercial uses. i. Commercial and Industrial Land Supply.Approval of the Rezoning and Master Plan will not reduce the net commercial land area in the City; rather,the proposed Rezoning and Master Plan will allow for the renewal of the existing Mall Property by revitalizing a persistently declining commercial center with a mix of both stand alone residential,commercial, hotel,theater,and church uses and vertically integrated mixes uses. The Project therefore increases the employment potential and valuation of the Property beyond what it provides in its current use. j. Alternative Sites. There are not sites available elsewhere in the City in zoning districts which already allow the desired use. As described above, the Mall Property is a unique property with no other like it in the City. The Mall Property is experiencing steady decline and no longer meets the community's needs. Petitioner wishes to revitalize the Property with uses that satisfy the demand and desires of the community, and the size of the Mall Property makes it most suitable for the scale of the proposed Project. Approval of the Rezoning and Master Plan will allow for the Project, which is only possible on the Property as there are no other existing sites of comparable size and suitability for redevelopment available in the City. k. Master Plan and Site Plan Compliance with Land Development Regulations.The Project complies with the site development standards of the Section 111.3.111.4.D. of the City's Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. Page 9 of 9 Page 575 of 667 M z 0 lip O zoo 61 C) (DLLlo A w 0 0 0 Nw z 0 OM l ,51� I"V Mj q al Ai 110 1,6 n III 7,1 1 oil; M� r: all I No H we .09 1 Ni, ITHITH IN 95, 111�tlllll�l II II�11LI1 II"u, Ag 4,J) "M 2,11mil T fi Ll Al WOO 15 I"T'Mm"',1f,ffi"ag� iSyY lt Jil" 111AINTITIP 4, 1 71 a, MW NO ""ISN 3?V If 4drl qN,Ow"T", Ov 14 TIM ro M-M a CO 0 co z Js 2ii L. o CD o< 0 C) snU L) C) Ln oe Ow DO OO 0 0 8 0. z> E 2 � I ��� ; 00000000 - �� � � m � m� e . q, ,i tj I ——————————-- � � �I �� I ill='I � i i ;�tY ,IR l �`� t g'���� M,M M a O l, --—---------------------7 aX11@1,- ","W, , ll�� 5,IN �11�1rrdS �+tt �' � rJ�i i���il�£� i W L---j 'A—) ft.00 ,7NIRPI 7,77 T' 7 IN, mmm"m w. 0W%s- -—--—--—-- mw 0-0 �g ,,g n 7,- ji'AsIR Lk. 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U) W 47 Lu LLI LU L� O U) F- < E w Q — Z LL. 2 .2 E < '5 W -M J) 2 Q 2Z 0 1 7 75 Cl) 2 w 2 & .2�6 2 5 6J U) 2 U) LLI F- CD Z - 0 . z m �6 z - 1 71 LU 0 LLJ 0 C) Z) E LLJ 31; > -0 )- :E 2 U) 'E x > C) 'o Ui -2 < 0 L) R < Lij F- > 0 L) 2 Z 5 2 LL D, CL U) 5; z (D (D (D (D (D G) tiip8 w z't Z ro m:�2 LU 7roD > 0 M A). C,3 zQ6 D <c jz 0- O co N < LU C -11 81 R co C) z,7 0, X M (0 Q) In Z Z Z LU Lu o ° eZ3 co-Q 2 q- Q w C',Tj U) A c, m Z) LZ Q) -ZtUUaNaZQU U) ro ro -C3 cu xm 'Zo cu m G cu o �o q z Q) Q) Z (D �1 Q, Q co 2 2 z -2 cc 0 mx cc '0 . 0- + LL LU C0 w C) w U) 0- U) D LU LU � rocw, co zpis o0 < U) 0- Tz, >w 0 0 Uj C)o m n m ax 3 Ir wco�T a_ LU 0- Ir z EXHIBIT "D" Conditions of Approval Project Name: Boynton Beach Mall File number: MPMD 19-004 Reference: 31d review plans identified as a Master Plan Modification with a November 19, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. A traffic approval letter from Palm Beach County Traffic Engineering X is required prior to final approval of the Rezoning and Master Plan amendment. Should the approval letter require changes to the Master Plan, no permits shall be issued until those changes have been completed and approved by staff. 2. A school concurrency approval letter is required prior to final X approval of the Rezoning and Master Plan amendment. Page 582 of 667 Boynton Beach Mall (MPMD 19-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. The maximum square footage allowances depicted for the individual X use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. 4. The Plant Palette depicted on Sheet MP-6 is representative and not X comprehensive, and may be altered as a result of further staff review and comment as individual projects are reviewed. 5. Parking details will be reviewed within the individual phase approvals X and as part of any Shared Parking Study submitted in the future. 6. An update to the Master Sign Program for the Mall will be required X before any permanent sign permits are issued. 7. Further Departmental reviews and comments will be provided during X the analysis of site plan submittals associated with each phase. 8. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/COMMITMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\MPMD 19-004 COA.doc Page 583 of 667 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall (MPMD 19-004) APPLICANT: Bonnie Miskel, Esq., Dunay, Miskel and Bachman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2020 APPROVAL SOUGHT: Request for Master Plan Modification for the Boynton Beach Mall consisting of retail, residential, hotel, restaurant and office uses in conjunction with existing church, fitness center and movie theater uses, in the SMU (Suburban Mixed Use) zoning district. LOCATION OF PROPERTY: 801 N. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004\DO.doc Page 584 of 667 9.A. CITY MANAGER'S REPORT 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Status update on the new monument sign at Tom Kaiser, USN Boynton Beach Veteran's Memorial Park Explanation of Request: Lake Worth has completed construction of the monument. The cost was $4565.00. The foundation ($1250) is planned to be poured on Monday, May 18th. Pending good weather the monument will be installed by May 22, 2020. 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 585 of 667 9.B. CITY MANAGER'S REPORT 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Discuss July 4th festivities for 2020. Explanation of Request: For the past couple of months, the Marketing & Events Department has been participating in Zoom discussions organized by the FFEA(Florida Festivals and Events Association) and IFEA(International Festivals and Events Association) on the status of 4th of July events around the world. We have also completed 4th of July surveys and received the results, which have been very helpful. The Team has met with the Boynton Beach Police Department, Boynton Beach Fire Rescue Department, and the Recreation & Parks Department regarding options. The Team has also been in discussions with our fireworks company on possibilities and deadlines. They have requested that we notify them by May 19 if the City is interested in pursuing a fireworks display this year. There are no cost implications if the 4th of J my is cancelled. While it is difficult to compare 4th of July events, even with neighboring cities, it has been helpful to engage with others and share information. Our 4th of July event site at Intracoastal Park has a relatively small viewing area. With an estimated attendance of 6,000 last year, the viewing area was very crowded. Due to the limited parking options at event, continuous free bus services from two remote locations provided residents the ability to attend and increased last year's attendance. The 4th of July is seven weeks out. At this time, with current CDC guidelines on social distancing, use of masks and proper sanitization requirements, most event organizers are offering three options for City officials to review: 1) Cancel the event. There would be no cost to the City from the fireworks company. 2) Livestream the fireworks show. The cost of$62,000 would remain the same if held at Intracoastal Park. Crowd control may become difficult. 3) Postpone the event to another date in the future. Several event organizers are considering Labor Day. Discussions on the possibilities of a small fireworks or light show off buildings in Town Square or the downtown area in December if CDC protocols are lifted and budgeted in the FY20-21 Budget. Staff recommends we cancel the July 4th fireworks event and work on scheduling a future event in the fall should CDC guidelines relax. How will this affect city programs or services? Fiscal Impact: Budgeted No financial impact to cancel fireworks shoot. Monies will be budgeted in the FY Page 586 of 667 20/21 budget for a firework celebration in the fall as part of our Centennial celebrations. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 587 of 667 12.A. LEGAL 5/19/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/19/2020 REQUESTED ACTION BY COMMISSION: Proposed Ordinance 20-016 - First Reading - Discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. EXPLANATION OF REQUEST. At the November 7, 2017 Commission Meeting, there was Commission consensus to have a universal December reappointment with alternating two-year terms for advisory board members. After the meeting, this was changed in practice, but the change has not yet been codified. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving amendments to Advisory Boards and Committees D Minutes Excert of Minutes from 11-7-2017 Commission Meeting D Attachment List of all Boards and members (redacted) Page 588 of 667 1 2 ORDINANCE NO. 20- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS 6 OF PART II AND PART III OF THE CODE OF ORDINANCES; 7 PROVIDING FOR THE CREATION OF CHAPTER 27, "ADVISORY 8 BOARDS AND COMMITTEES"; PROVIDING A COMPREHENSIVE 9 UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND 10 COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, City of Boynton Beach ("City") staff has been reviewing existing code 14 language to assure that the rules and requirements pertaining to City Advisory Boards and 15 Committees, are clear and consistent throughout the Code of Ordinances; and 16 WHEREAS,to promote a higher degree of organization,the Commission supports the 17 elimination of redundancies related to the governance and duties of City Advisory Boards and 18 Committees be eliminated; and 19 WHEREAS, the Commission has determined it is in the City's best interest to 20 reorganize existing provisions related to governance,membership, and duties of City Advisory 21 Boards and Committees by codifying such provisions into one single chapter of the Code of 22 Ordinances; and 23 WHEREAS, the Commission has determined it is in the City's best interest to create 24 an absence policy for City Advisory Boards and Committees; and 25 WHEREAS, the Commission has determined it is in the City's best interest to create 26 a policy related to concurrent service on City Boards and Committees; and 27 WHEREAS,the City Commission deems it to be in the best interest of the citizens and 28 residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter 29 referenced. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, THAT: 32 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 33 herein by this reference. 34 Section 2. Part 11, Chapter Two, "Administration", Article I, "In General", Section 35 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and {00351419.9 306-90018211 I Page 589 of 667 36 Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section 37 2-20, "Quasi-judicial proceedings before city commission or city board; procedure for 38 reconsideration of decision", of the City's Code of Ordinances are hereby deleted in their 39 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 40 Section 3. Part II, Chapter Two, "Administration", Article IV, Section. 2-60. 41 "Commissions, boards, etc., independent of city commission to follow article" is hereby 42 deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." 43 Section 4. Part II, Chapter Two, "Administration", Article VII, "Education and 44 Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board", 45 Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and 46 replaced by Chapter 27, "Advisory Boards and Committees." 47 Section 5. Part II, Chapter Two, "Administration", Article IX, "Senior Advisory 48 Board", Sections 2-141-147, of the City's Code of Ordinances are hereby deleted in their 49 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 50 Section 6. Part II, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's 51 Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory 52 Boards and Committees." 53 Section 7. Part II,Chapter Sixteen,"Parks and Recreation",Article I,"In General", 54 Sections 16-1-5, of the City's Code of Ordinances are hereby deleted and replaced in their 55 entirety by Chapter 27, "Advisory Boards and Committees." 56 Section 8. Part III, Chapter 1, "General Administration", Article VII, 57 "Administrative and Decision Making Bodies", Section 3, "Planning and Development 58 Board", Section 4, "Historic Resources Preservation Board", and Section 5 "City 59 Commission", of the City's Land Development Regulations are hereby deleted in their entirety 60 and replaced by Chapter 27, "Advisory Boards and Committees." 61 Section 9. Part III Land Development, Chapter 1, "General Administration", 62 Article VIII, "Appeals" of the City's Land Development Regulations is hereby deleted in its 63 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 64 Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created, 65 which shall read as set forth in Exhibit A. {00351419.9 306-90018211 2 Page 590 of 667 66 Section 11. Each and every other provision of the Code of Ordinances of the City 67 of Boynton Beach not herein specifically amended shall remain in full force and effect as 68 previously enacted. 69 Section 12. All ordinances or parts of ordinances in conflict herewith be and the 70 same are hereby repealed. 71 Section 13. Should any section or provision of this ordinance or portion hereof, any 72 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 73 such decision shall not affect the remainder of this ordinance. 74 Section 14. Authority is hereby granted to codify said ordinance. 75 Section 15. This ordinance shall become effective immediately upon passage. 76 Section 16. All matters pending before the City boards or committees at the time of 77 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 78 the respective board or committee. 79 FIRST READING this day of 2020. 80 81 SECOND, FINAL READING AND PASSAGE this day of , 2020. 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 85 YES NO 86 Mayor— Steven B. Grant 87 88 Vice Mayor— Ty Penserga 89 90 Commissioner—Justin Katz 91 92 Commissioner—Woodrow L. Hay 93 94 Commissioner—Christina L. Romelus 95 96 ATTEST: VOTE 97 98 99 Crystal Gibson, MMC 100 City Clerk 101 102 (Corporate Seal) {00351419.9 306-90018211 3 Page 591 of 667 103 EXHIBIT A 104 CHAPTER 27 105 ARTICLE L IN GENERAL 106 107 Sec. 27-1. City boards and committees defined; generally. 108 1. "Board", shall refer to a group of individuals appointed by the City Commission for the 109 purpose of providing advisory assistance to the Commission. No board shall have 110 administrative authority over any department of the City. 111 2. "Committee" shall refer to a group of individuals appointed by the City Commission to 112 provide advisory authority on a single subject or issue matter. The City Commission may 113 establish a sunset date for each Committee. Terms "board" or "committee" may be used 114 interchangeably herein. 115 3. The provisions of Chapter 27,Article I, shall apply generally to all City advisory boards and 116 committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton 117 Beach Code of Ordinances. 118 4. Retroactive Effect. To the extent permitted by law, all of the provisions within Chapter 27, 119 shall apply to acts and actions occurring or in progress prior to its adoption by the City 120 Commission. All matters pending before the City boards and committees at the time of 121 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 122 the respective board and committee. 123 124 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 125 1. No person shall be appointed to a City advisory board or committee without the person first 126 submitting an application for appointment. All applications for appointment to a City board 127 shall be on a form authorized by the City Commission. The City Clerk shall review all 128 applications for completeness and qualifying requirements prior to submitting them to the City 129 Commission for consideration. 130 2. Selection of Chair and Vice-Chair. The chairperson and vice-chairperson for each board 131 shall be selected by majority vote of the City Commission. Neither the chair nor the vice-chair 132 have fixed terms. The Chair and Vice-Chair shall be annually reappointed. The duties of the 133 chair shall be to preside at all board meetings. The vice-chair shall perform the duties of the 134 chair in the chair's absence. {00351419.9 306-90018211 4 Page 592 of 667 135 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate 136 members for each board. Alternate members may participate at board meetings in the place of 137 absent board members or recused members, to the same extent as regular members. In the 138 event a vacancy occurs on a board, the alternate shall assume the role of a regular board 139 member for the remainder of the abandoned term or until the City Commission appoints a 140 replacement regular member, whichever occurs first. 141 a. The term for alternate members shall be for one (1)year. 142 b. Alternate member appointees may be reappointed. 143 c. Notwithstanding any other provision of City code or procedural rule, no alternate 144 member of any City board may serve in the capacity of Chairperson,Vice Chair, or 145 Chair Pro-Tem. 146 4. Organization. Generally, City advisory boards and committees shall be composed of seven 147 (7)regular members and two (2) alternate members, except as may be provided for by Florida 148 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of 149 Ordinances of the City of Boynton Beach. 150 5. Quorum. Four(4)members shall constitute a quorum for each advisory board and committee 151 with seven (7) regular members. Where an advisory board or committee has less than seven 152 (7)regular members, a simple majority of regular members shall constitute a quorum. 153 6. Qualifications. Members serving on advisory boards and committees shall possess sufficient 154 knowledge, experience,judgment or background necessary to competently serve the board or 155 committee to which they are appointed. 156 (a) In order to qualify for appointment to and to serve as a member of any board or 157 committee of the City, an individual must be an elector of Palm Beach County, 158 Florida. 159 (b) In selecting individuals to serve on boards and committees of the City, preference 160 shall be given to individuals who are residents of the City of Boynton Beach, 161 provided however, non-residents who own property in the City, own a business 162 within the City, or serve as an officer, Director or manager of a business located 163 within the City may also qualify for appointment provided they possess 164 qualifications or experience uniquely suited to deal with the subject matter over 165 which the board or committee has subject matter review or power. {00351419.9 306-90018211 5 Page 593 of 667 166 (c) In selecting individuals to serve on boards and committees of the City, preference 167 shall be given to individuals who do not presently serve on one of the City's boards. 168 (d) Concurrent service on City boards and committees shall be permitted only to the 169 extent necessary. If a board member holds a position on a board that conducts 170 "quasi-judicial proceedings" as defined by Section 27-8 herein, such member shall 171 not concurrently serve on another advisory board that has similar quasi judicial 172 powers. 173 6. Term of Service. In general, all regular member appointments shall be for a two-year period. 174 (a) Commencement of Terms. All advisory board and committee appointments shall 175 commence at 12:01 a.m. on April 1 and shall be for a period of two (2)years. 176 (b) Expiration of Terms. All advisory board appointments shall expire at 12:00 177 midnight on March 30th of their second year of appointment, except as set forth in 178 Section 27-5 herein. The City Commission shall review applicants and fill 179 vacancies on City boards during the month of April following the City's March 180 Commission elections or as soon thereafter as practicable. 181 (c) The terms of office of the board members shall be staggered so no more than one- 182 third of the board is appointed or replaced in any 12-month period. 183 (d) The current term of all board members whom have been appointed prior to the 184 adoption of Chapter 27 shall continue uninterrupted until the expiration of said 185 term. 186 7. Term Limits. 187 (e) No member shall be appointed for more than two (2) successive terms (original 188 term, plus on additional term). A member who has been appointed to fill an 189 unexpired term shall remain eligible to serve two(2)full two-year successive terms. 190 (f) Upon completion of the maximum allowable two (2) full terms of membership, no 191 member shall be eligible for reappointment to the same advisory board, and 192 committee for a period of one (1) year unless otherwise approved by the 193 Commission. 194 8. Reorganization. In the case of creation of a new board or committee or the reorganization 195 or reconstitution of an advisory board or committee, three (3) members shall be appointed for 196 an initial term of one year,with the balance of the members being appointed for an initial term 197 of two (2)years. Thereafter, all appointments shall be for two (2)years. {00351419.9 306-90018211 6 Page 594 of 667 198 199 Sec.27-3. Frequency of meetings 200 Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet 201 once a month. Special meetings may be called by the City Manager or board chairman. 202 203 Sec. 27-4. Absences. 204 1. When a member of any advisory board or committee that has regularly scheduled meetings 205 once a month, has missed three (3) regular monthly meetings for any reason within one (1) 206 annual board term, that member will be notified that one (1) additional absence will cause 207 his/her board membership to be terminated. Therefore, the fourth absence shall result in 208 removal from the board. 209 (a) Those boards or committees that have regularly scheduled meetings more than once 210 a month shall be permitted to have six(6)absences during any one(1) annual board 211 term. The seventh absence shall result in removal from the board by ministerial 212 action of the City Clerk. 213 2.Excused Absences. A board member,to whom which any of the below mentioned instances 214 apply, shall submit in writing to the board Chairman, a request for an excused absence or 215 absences. The board Chairman shall have the power to excuse an absent board member. In the 216 event the board Chairman has excused the absence of one of the board members, the decision 217 must be mentioned on the record at the applicable meeting. 218 (a) An absence may be excused due to one of the following: 219 i. Personal illness or injury; 220 ii. Illness or injury of a family member; 221 iii. Death in the family; 222 iv. Emergency; 223 V. Maternity leave; or, 224 vi. Military service. 225 226 Sec. 27-5. Removal; abandonment; vacancy. 227 1. All City board members serve at the pleasure of the City Commission and may be removed 228 with or without cause at any time by a majority vote of the City Commission,unless otherwise 229 provided by the Charter or Florida Statutes. {00351419.9 306-90018211 7 Page 595 of 667 230 2. Notice ofRemoval. A notice of removal shall be served upon the City board member who 231 has been removed upon the direction of a majority of the City Commission. The notice of 232 removal shall be prepared by the City Attorney and signed by the Mayor, or the City Manager 233 if so directed by the City Commission. 234 (a) Service ofNotice. The notice of removal shall be served by personal delivery or by 235 ordinary first class mail. Service shall be accomplished as soon as is practicable 236 after the City Commission directs service of the notice of removal or, in the event 237 of Abandonment of Office, after the City Manager or designee issues the notice of 238 removal. 239 (b) Effective Date ofRemovals. Removal of a City board member shall have immediate 240 effect upon the vote of a majority of the City Commission. 241 (c) A person who is removed from a City board pursuant to the procedures set forth 242 in this section shall not be subject to reappointment to any City board for a period 243 of thirty-six (36) months. 244 3.Abandonment. In the event of Abandonment of Office, the notice of removal shall 245 automatically be issued by the City Manager, or designee. Seven unexcused absences shall 246 constitute abandonment of a board seat. 247 4. Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the 248 resignation or removal of a member prior to the expiration of their term, a member shall be 249 appointed to complete the unexpired term only, unless the unexpired term is for a period of 250 time less than six (6) months. In that event the appointed member shall then be allowed to 251 serve the following full regular term without reappointment. 252 253 Sec. 27-6. Rules and Procedures. 254 1. Each board or committee may make and adopt by-laws, rules and regulations for their own 255 guidance and for the government and performance of its duties. Subject to the approval, 256 supervision and control of the City Commission and not inconsistent with law. 257 2. Boards shall keep minutes of its proceedings; record the vote on each question; and, keep 258 records of its discussions, recommendations, and other official actions. 259 3. When a board issues an order, the order must be reviewed by the City Attorney's Office 260 prior to issuance. An Order is rendered when signed by the chair and City Clerk. 261 4. All board meetings shall be open to the public. {00351419.9 306-90018211 g Page 596 of 667 262 263 Sec. 27-7. Powers. 264 1. Nothing in this article shall be construed as restricting or curtailing any of the powers of the 265 City Commission,or as a delegation to the board of any of the authority or discretionary powers 266 vested and imposed by law in the City Commission. The City Commission declares that public 267 interest, convenience and welfare requires the appointment of the following boards or 268 committees to act in a purely advisory capacity to the City Commission for the purposes set 269 forth in this article. Any powers delegated here to the board to adopt rules and regulations shall 270 not be construed as a delegation of legislative authority,but purely of administrative authority. 271 (a) Compensation. No member of a board or committee shall receive any pay or 272 compensation for any services rendered as a member of such board. 273 2. Each board shall periodically advise the City Commission of its findings with respect to 274 certain matters delegated to each board and shall make recommendations to the City 275 Commission on any matter referred to it within thirty (30) days or within such time as 276 prescribed by the City Commission by specific resolution. 277 278 Sec. 27-8. Quasi-judicial proceedings before city board; procedure for 279 reconsideration of decision. 280 1. For the purpose of this Chapter, the term "quasi-judicial proceeding" shall mean hearings 281 before the Historic Preservation Board, the Planning Development Board, or the Building 282 Board of Adjustments and Appeals, related to the following specific types of proceedings: 283 variances; rezoning requests; appeals from administrative decisions of the building official or 284 the planning director; master plan approvals; site plan approvals; modifications of site plans; 285 relief from code requirements; conditional use approvals; site plan extensions; abandonment 286 applications; and, other land development matters announced as quasi-judicial hearings. 287 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties 288 with the opportunity to testify, call witnesses, introduce evidence and cross-examine 289 witnesses. Testimony shall be under oath or affirmation. When a proposed development order 290 comes before the City Commission having first been afforded a quasi-judicial hearing before 291 a city board,the testimony and evidence submitted to a city board constitutes part of the record 292 of testimony and evidence before the City Commission. {00351419.9 306-90018211 9 Page 597 of 667 293 3. No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in 294 affidavit form, has been filed with the office of the City Clerk. Proof of notice must include 295 the name and address of each property owner to whom notice was mailed and a photograph of 296 each sign posted, as hereinafter required. The following notices must be paid for and provided 297 by the applicant: 298 (a) All property owners, homeowner associations, and condominium associations that 299 own property within four hundred (400) feet of the boundary line of the property 300 which is the subject of the quasi-judicial hearing shall be mailed,by first class mail, 301 a notice of hearing postmarked no less than ten (10) calendar days prior to the 302 hearing. 303 (b) One (1) sign for each street frontage of the property shall be posted no less than ten 304 (10) days prior to the hearing. The sign shall be legible from a distance of one 305 hundred(100)feet and shall contain a description of the approval being sought,the 306 date, time and location of the hearing, and a statement that the application being 307 considered is available for inspection in the Development Department of the city. 308 (c) When a quasi-judicial hearing is tabled or continued at the request of an applicant, 309 re-notice of the hearing shall be provided by the applicant in the same manner as 310 original notice. 311 4. The City Commission may reconsider its decision arising from a quasi-judicial proceeding 312 only upon a motion to reconsider made at the meeting at which the decision was rendered or 313 during the next regular City Commission meeting. No quasi-judicial decision shall be 314 considered final until the conclusion of the next City Commission meeting, or if a motion to 315 reconsider has been made and passes, the conclusion of the reconsideration of the matter, and 316 the entry of a written order approved by the City Attorney and signed by the City Clerk. 317 (a) When a motion for reconsideration is made and approved at the Commission 318 meeting at which the decision was rendered, the Commission may immediately 319 reconsider the matter before them or,the Commission may reconsider the matter at 320 a later time certain which shall be announced, at the meeting, to the applicant and 321 the public. No additional notice of the matter shall be necessary. 322 (a) When a motion for reconsideration is made following the close of the Commission 323 meeting at which the decision is made, only the motion to reconsider shall be heard 324 at the next regular City Commission meeting. If the motion to reconsider is adopted {00351419.9 306-90018211 10 Page 598 of 667 325 by the Commission,the matter which is the subject of the motion to reconsider shall 326 be placed on the next regular City Commission meeting agenda. The agenda item 327 shall be noticed in the same manner as the notice provided when the item was 328 originally considered. 329 (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only 330 upon a motion to reconsider at the meeting at which the decision was rendered. 331 332 333 Sec. 27-9. Boards and committees to follow CCNA. 334 Any city boards or committees and the like which have purchasing authority independent of 335 the City Commission, the purchases of such bodies which are subject to the Consultants' 336 Competitive Negotiation Act("CCNA") shall be processed in accordance herewith; however, 337 the board or committee, or the like will itself perform the functions set forth herein that are 338 otherwise applicable to the City Commission. 339 340 Sec. 27-10-27-19. Reserved. 341 342 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD 343 Sec. 27-20. Membership. 344 Appointees to the Art Advisory Board shall be residents or business owners preferably 345 with the following background: artist, art volunteer/activist; planner; private developer; 346 architect; neighborhood association member; interested citizen. 347 348 Sec. 27-21. Intent. 349 1. It is the intent and purpose of this article to further the commitment of the city to the 350 aesthetic, historical, cultural and economic enrichment of the community through the creation 351 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and 352 appreciate works of art. The requirements of this article shall be construed to promote the 353 aesthetic values of the entire community and to encourage the preservation and protection of 354 works of art. 355 2. This article shall be known and cited as the "Art in Public Places Program." {00351419.9 306-90018211 II Page 599 of 667 356 3. Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art 357 acquired through expending funds in the Public Art Fund shall be owned by the city according 358 to the Art Advisory Board's Recommendations and Guidelines. 359 360 Sec. 21-22.Definitions. 361 1. For the purposes of this section, the following words and phrases shall have the following 362 meanings: 363 (a) "Artist" or "Professional Artist" means a practitioner in the visual arts, generally 364 recognized by critics and peers as a professional of serious intent and ability. 365 Indications of a person's status as a professional artist include, but are not limited 366 to, income realized through the sole commission of artwork, frequent or consistent 367 art exhibitions, placement of artwork in public institutions or museums, receipt of 368 honors and awards, and training in the arts. 369 (b) "Art", "Artwork", or"Works of Art" means tangible creations by artists exhibiting 370 the highest quality of skill and aesthetic principles and includes all forms of the 371 visual arts conceived in any medium, material, or combination thereof, including, 372 but not limited to,paintings,sculptures,engravings,carvings,frescos, stained glass, 373 mosaics, mobiles, tapestries, murals, photographs, video projections, digital 374 images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments 375 erected to commemorate a person or an event, functional furnishings, such as artist 376 designed seating and pavers, unique or original architectural elements, and artist 377 designed landforms or landscape elements. The following shall not be considered 378 artwork or works of art for purposes of this article: 379 i. Reproductions or unlimited copies of original artwork. 380 ii. Art objects, which are mass-produced. 381 iii. Works that are decorative, ornamental, or functional elements of the 382 architecture or landscape design, except when commissioned from an artist 383 or designed as an integral aspect of a structure or site. 384 (c) `Building" means any structure that encloses space and is used or built for the 385 shelter or enclosure of persons, businesses, chattel or property. 386 (d) "Development" means any construction, or redevelopment, or structural alteration 387 of any private or public building within the limits of the city. {00351419.9 306-90018211 12 Page 600 of 667 388 (e) "Arts Commission" or"Art Advisory Board" means the advisory board established 389 by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory 390 Board in Ordinance 2020-XX. 391 (f) "Public Art Fund" means a separate, interest bearing account set up by the city to 392 receive monies for the Art in Public Places Program. 393 (g) `Remodeling or conversion" means alterations made to a building within any 394 twelve month period, including, but not limited to, changes to the facade of a 395 building, changes to the interior of a building, increases or decreases in the floor 396 area of a building and changes to exterior improvements. 397 (h) "In-fill Housing" means new residential units on parcels less than five (5) acres 398 that are not part of an approved planned unit development as defined by the city 399 land development regulations. 400 401 Sec. 27-23. Art Advisory Board Meetings. 402 1. The Art Advisory Board shall meet at an appropriate place and shall arrange a time for 403 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be 404 necessary, and it may add to such rules of organization, regulation and procedure as it may 405 deem necessary and determine the duties of its members and officers. 406 2. The Boynton Beach Art Advisory Board shall function and operate as outlined in the City 407 of Boynton Beach's Ordinance No. 01-64. 408 409 Sec. 28-24 Purpose and Duties. 410 1. The purpose of the Art Advisory Board is to advise the City Commission on matters related 411 to the arts, to develop a plan and programs to promote and support art in public places, and to 412 recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory 413 Board to act as an advisory board to the City Commission in providing advice on matters 414 relating to the visual arts. 415 2. The Art Advisory Board may recommend funding sources including private sources and 416 grant funds; encourage public and private partnerships in the arts; review and make 417 recommendations on proposals for art work for public buildings and public spaces; encourage 418 the flow of art into the City; stimulate art related activities and events; study issues related to 419 art and implement art programs as delegated to it by the City's Commission from time to time. {00351419.9 306-90018211 13 Page 601 of 667 420 3. The Art Advisory Board shall periodically advise the City Commission of its findings or 421 proposals with respect to the foregoing issues and make recommendations to the City 422 Commission on any matter referred to it within as much time prescribed by the City 423 Commission. 424 4. The Art Advisory Board shall have the following additional powers and duties: 425 (a) Recommend to the City Commission adoption of Art in Public Places Program 426 Guidelines and amendments thereto; 427 (b) Recommend to the City Commission adoption of a Public Art Master Plan 428 identifying locations for public artworks and establishing a priority order; 429 (c) Recommend to the City Commission authorization of expenditures for maintaining 430 and implementing the Art in Public Places Program; 431 (d) Recommend to the City Commission other expenditures of the Public Art Fund 432 such as hiring staff and services to run the Art in Public Places Program; 433 (e) Exercise their authority to approve, approve with conditions or disapprove 434 proposed installation of artwork based on Art in Public Places Program Guidelines; 435 and 436 (f) Advance, through education and communication,the Art in Public Places Program 437 Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit"A". 438 439 Sec. 27-25. Establishment of public art fee. 440 1. All development, redevelopment, reconstruction or remodeling projects commenced after 441 the adoption of this article which have a construction value of $250,000.00 or greater, shall 442 participate in the Art in Public Places Program by paying a public art fee. For the purpose of 443 this section, a project will be considered "commenced" when an application for review is first 444 submitted to the city's Development Department. The public art fee shall be equal to one 445 percent(1%) of construction value of the project. The Building Division/Finance Department 446 shall administer the billing and collection of the thirty percent(30%)or(03)of the one percent 447 (1%)of the public art fee at the time of Building Permit issuance and the seventy percent(70%) 448 or (07) of the one percent (1%) prior to and as a condition of issuance of the certificate of 449 occupancy that includes the public art. One hundred percent (100%) of the public art fees 450 collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund 451 require the recommendation of the Art Advisory Board prior to City Commission approval. {00351419.9 306-90018211 14 Page 602 of 667 452 2. The following types of projects are exempt from the payment of the public art fee: 453 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 454 earthquake or other calamity determined by the City of Boynton Beach Building 455 Official. 456 (b) The percent of the project dedicated to affordable housing as defined by the City of 457 Boynton Beach. 458 (c) All projects which were submitted prior to or on October 5, 2005,notwithstanding any 459 subsequent request for site plan extension. 460 (d) Single-family and two-family in-fill housing. 461 (e) Normal, routine maintenance including replacement of existing damaged or failing 462 structural or non-structural elements, HVAC, plumbing, electric, or fire 463 detection/suppression equipment of a project not associated with an addition, 464 renovation or new construction. 465 (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 466 existing amenity, clubhouse, building, pool, park, playground and/or common area 467 element located within an existing private residential development. This specific 468 exemption applies retroactively to October 5, 2005. 469 3. Project owners required to participate in the Art in Public Places Program may obtain 470 reimbursement up to seventy percent(70%) of collected art fee if the following conditions are 471 met: 472 (a) The owner of a development agrees to follow the Art Advisory Board's 473 recommendations to develop the art in the project; and 474 (b) Prior to placement on the development site, has the artwork approved by the Art 475 Advisory Board to insure that the artwork will be accessible and readily visible to the 476 public based on location of artwork and normal traffic of vehicles/pedestrians in the 477 proposed location; and 478 (c) Select an artist directly to execute a project that meets specific criteria outlined by the 479 recommendations and guidelines document provided by the Art Advisory Board or 480 hire a professional consultant to select artists to commission site- specific, 481 architecturally integrated artworks that meet specific art guidelines criteria outlined by 482 the recommendations and guidelines document provided by the Art Advisory Board; 483 or purchase artworks for permanent installation recommended by the Art Advisory {00351419.9 306-90018211 15 Page 603 of 667 484 Board; or elect to purchase an existing artwork or commission an original artwork for 485 donation as a gift to the City of Boynton Beach's public art collection. 486 487 Sec. 27-26. Public Art Fund. 488 1. There is hereby created a Public Art Fund administered by the Art Advisory Board. 489 Funding shall consist of all contributions received from art fees for development and 490 redevelopment. Contributions shall include one percent (1%) of construction value on 491 projects exceeding $250,000.00, any cash grants and donations to the city for public art 492 projects from governmental or private resources, and all other funds allocated by the city 493 through the budgetary process for the provision of public art. 494 2. Expenditures from the Public Art Fund shall include but not be limited to expenses 495 associated with the selection, commissioning, acquisition, transportation, maintenance, 496 public education,promotion, administration,program marketing, documentation, removal 497 and insurance of the works of art or in relation thereto. The Art Advisory Board can 498 recommend to the City Commission expenditures from the funds in furtherance of the Art 499 in Public Places Program. 500 3. Disbursements of the public art fee shall be seventy percent(70%) to the construction of 501 art in a given project and thirty percent (30%) for the administration of the Art in Public 502 Places Program and a(endowment or reserve fund) for future work as described in the Art 503 Advisory Board's Guidelines and Recommendations. 504 505 Sec. 27-27. Art Advisory Board's Guidelines and Recommendations. 506 1. The Art and Artist selection criteria shall be in compliance with the Art Advisory Board's 507 Guidelines and Recommendations. 508 2. Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the 509 City Commission revisions to the Art in Public Places Program Guidelines and make the same 510 available to the public,which shall provide guidance for program organization; organizational 511 governance and staffing responsibilities; procedures for project planning; artist selection; art 512 selection criteria; art placement criteria; donations; loans and memorials; collection 513 management; and administration of the Public Art Fund. {00351419.9 306-90018211 16 Page 604 of 667 514 3.Location Plan. The Art Advisory Board shall prepare, and from time to time revise, a Art in 515 Public Places Program Location Plan that identifies locations and criteria for public artworks 516 and establishes a priority order. 517 518 Sec. 27-28-27-32. Reserved. 519 520 ARTICLE III. BOYNTON BEACH LIBRARY BOARD 521 Sec. 27-33. Purpose and Duties. 522 1. Subject to the control and direction of the City Commission, the Library Board: 523 (a) Shall act in an advisory capacity (non administrative) to the City Commission, to 524 assure representation of the ideas of citizens and taxpayers of the City relative to 525 the function and operation of municipal libraries and reading rooms in the City, and 526 such advisory assistance shall include, but not be limited to, recommendations 527 relative to control of expenditures of moneys collected or donated to the credit of 528 any municipal library in this City, and the supervision, care and custody of the 529 grounds, rooms, property and buildings constructed, leased or set aside for 530 municipal library purposes. 531 (b) Shall make recommendations for the appointment of a suitable librarian and 532 assistants and their respective rates of compensation; establish regulations for the 533 government and control of any municipal library as may be deemed necessary for 534 its preservation and to maintain its usefulness and efficiency; fix and impose by 535 general rules,penalties and forfeitures for failure to return any book or for violation 536 of any by-laws or regulations of the board. 537 (c) Shall annually in an advisory capacity assist the City manager in preparing a budget 538 for the maintenance and expansion of municipal library facilities. 539 (d) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the 540 activities of the board and the municipal library system and make reports to the City 541 Manager and the City Commission relative thereto annually or whenever requested 542 to do so by the Commission. 543 544 27-34-27-38. Reserved. 545 {00351419.9 306-90018211 17 Page 605 of 667 546 ARTICLE IV. PARKS AND RECREATION BOARD 547 27-39. Powers and duties. 548 1. Subjectto the control and direction of the City Commission,the Parks and Recreation Board: 549 (a) Shall act in an advisory capacity (non-administrative) to the Recreation and Parks 550 Department, to assure representation of ideas of citizens who are interested in 551 promoting better recreation and park facilities and programs for the City. Such 552 advice shall include but not be limited to site locations, development, supervision 553 and maintenance of public recreation and parks of the City. 554 (b) May acquire by gift or donation, any property for public recreation or park 555 purposes. Any gifts or donations acquired shall go through the Recreation and Parks 556 Department and shall become the property of the City, and title of any real property 557 so acquired shall be taken in the name of the City. 558 (c) Shall make recommendations to the City Manager and City Commission, through 559 the Recreation and Parks Director, concerning the purchase of property by the City 560 for public recreation and park purposes, concerning the establishment, 561 maintenance, and supervision of public recreation and parks, and concerning 562 expenditures of the recreational and park fund hereinafter established. 563 (d) Shall keep records and accounts of all the activities of the Board and make reports 564 through the Recreation and Parks Department to the City Commission and City 565 Manager whenever requested to do so. 566 (e) In exercising their powers and performing their duties as specified in this article, 567 the Board shall act through a majority of its members and the Chair of the Board is 568 requested to sign all papers and documents requiring the signature of the Recreation 569 and Parks Board. 570 571 Sec. 27-40-27-44. Reserved. 572 573 ARTICLE V. SENIOR ADVISORY BOARD 574 Sec. 27-45. Meetings. 575 The board shall meet quarterly on an"as needed" basis for the transaction of business. 576 Its meetings shall be open to the public. 577 {00351419.9 306-90018211 18 Page 606 of 667 578 Sec. 27-46. Purpose and Duties. 579 1. The Senior Advisory Board shall assist the elderly in: 580 (a) Setting up a retired senior volunteer program known as RSVP to provide services 581 for the homebound; 582 (b) Seeking federal and state grants to provide for services; 583 (c) Monitor and lobby for legislation regarding the elderly; 584 (d) Make arrangements for the medical mobile unit already in operation in Palm Beach 585 County to bring it to the City of Boynton Beach; 586 (e) Provide a pamphlet of available programs for seniors; 587 (f) Provide a speakers bureau, workshops and educational meetings on topics of 588 interest for seniors; 589 (g) Recommend free legal programs and banking services for the homebound; 590 (h) Provide recreation and social programs. 591 592 Sec. 27-47—27-51. Reserved. 593 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD 594 595 Sec. 27-52. Created. 596 The City Commission, in accordance with the powers vested in it, merged the Children 597 and Youth Advisory Boards and the Education Advisory Board and established the Education 598 and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory 599 Board shall survive and be deemed merged and consolidated with the powers, duties and 600 responsibilities of the Children and Youth Advisory Board. All previous actions of the 601 Education Advisory Board shall survive this consolidation unless specifically revoked by the 602 Children and Youth Advisory Board. 603 604 Sec. 27-53. Organization. 605 The Children and Youth Advisory Board shall comprise seven (7) permanent members, 606 two (2) alternate members and three(3) student members. The three(3) student members shall 607 be appointed for aperiod of one (1)year. 608 609 Sec. 27-54. Purpose and Duties. {00351419.9 306-90018211 19 Page 607 of 667 610 1. The Education and Youth Advisory Board shall assist the City and local schools in: 611 (a) Development of programs that promote ongoing relationships with caring adults 612 and the recruitment of volunteers to assist students before, during and after school. 613 (b) Formulation of long and short range programming to benefit the children and youth 614 of the community by involving parents, the business community, civic and 615 neighborhood organizations, including volunteer recruiting for before and after 616 local school programs. 617 (c) Contact community groups and businesses within the geographical boundaries of 618 Boynton Beach for professional skills, materials, financial or education support for 619 the schools and with the purpose of implementing programs at local schools that 620 benefit students from Pre- K through grades 12 and vocational schools. 621 (d) Development of incentives and enhancements to encourage the development of safe 622 places, including improved playgrounds at or near local schools and structured 623 activities during non-school hours. 624 (e) Coordinating with City's parks and recreation department to improve playgrounds 625 at or near local schools. 626 (f) Identification and dissemination of information on local, county, state and federal 627 programs that provide beneficial services to children and their families. 628 (g) Developing strategies for communicating with the School Board of Palm Beach 629 County and its staff, advising the City Commission as to the activities of the School 630 Board, and other federal, state and local legislative bodies which affect the needs 631 of students, within the city. 632 i. Developing recommendations to the City Commission for forwarding to the 633 School Board of Palm Beach County regarding actions which may be taken 634 in support of schools in Boynton Beach and with respect to proposed 635 legislation at the state level. 636 (h) Development of child and youth advocacy programs. 637 (1) Developing public relations that highlight successful programs within the schools 638 to help improve their image in conjunction with local media. 639 (j) Coordinating with the local police department to improve safety for students before, 640 during and after school, and to promote and enhance the relationship between 641 children and local police. {00351419.9 306-90018211 20 Page 608 of 667 642 643 Sec. 27-55-27-59. Reserved. 644 645 ARTICLE VII. PLANNING& DEVELOPMENT BOARD 646 Sec. 27-60. Membership. 647 1. In appointing members to the Planning and Development Board,the City Commission shall 648 give preference, when possible, to resident professionals such as urban planners, developers, 649 realtors, and design professionals licensed in the disciplines of architecture, landscape 650 architecture, and civil engineering. 651 2. Should a member of the Planning and Development Board move outside the City limits,the 652 member shall become disqualified, and a new member shall be appointed by the City 653 Commission. 654 655 Sec. 27-61. Functions, Powers, and Duties. 656 1. The Planning and Development Board shall act in an advisory capacity to the City 657 Commission by conducting investigations and holding public hearings regarding the 658 following: 659 (a) Ordinances,regulations, and other proposals promoting orderly development along 660 lines indicated as desirable by the Comprehensive Plan; 661 (b) Proposed developments and determination of conformance to the principles and 662 requirements of the Comprehensive Plan and Land Development Regulations; 663 (c) Changes or amendments relating to the boundaries of the City, its zoning districts, 664 or future land use map classifications; 665 (d) Changes or amendments to the text of the Comprehensive Plan or Land 666 Development Regulations; 667 (e) Other duties which may be lawfully assigned to it, or which may have a bearing on 668 the preparation or accomplishment of the plan; 669 (f) Project designs, aesthetics, quality, and impact upon the value of property and the 670 physical environment of the City; and 671 (g) The promotion of sustainable development activities. 672 673 Sec. 27-62. Meetings. {00351419.9 306-90018211 21 Page 609 of 667 674 1. The Planning and Development Board shall meet on the fourth Tuesday of each month 675 unless otherwise rescheduled in connection with holidays, planned absences, or at other such 676 times as the chairperson may determine. 677 (a) On behalf of the board, the City Clerk shall keep minutes of its proceedings, 678 showing the vote of each member on each question, or if absent or abstaining, 679 indicating such fact. 680 (b) No member shall abstain from voting unless he or she has a conflict of interest 681 pursuant to the provisions contained herein or in accordance with F.S. Chapter 112. 682 (c) The records of the board shall be filed in the office of the City Clerk and shall be 683 public records. 684 685 Sec. 27-63. Review of Applications. 686 1. Staff shall review each of the following types of applications and requests and make a 687 recommendation to the Planning and Development Board, who shall have the authority and 688 duty to hear and make recommendations to the City Commission: 689 (a) annexation; 690 (b) Comprehensive Plan amendments; 691 (c) conditional use; rezoning; 692 (d) Master Plan (new); 693 (e) major Master Plan modification; 694 (f) Site Plan; 695 (g) Site Plan time extension; 696 (h) Major Site Plan modification; 697 (i) Vacation and abandonment; 698 0) Master Site Plan (new); 699 (k) Major Master Site Plan modification; 700 (1) Use approval; Waiver(in PID); 701 (m)Community Design Appeal; 702 (n) Height exception; 703 (o) Variance to Land Development Regulations; and, 704 (p) Wireless communication facilities (WCF). 705 {00351419.9 306-90018211 22 Page 610 of 667 706 Sec. 27-64. Action. 707 1. No action of the Planning and Development Board shall be considered a final action of the 708 City until ratified by the City Commission. The procedure for ratification shall be as follows: 709 (a) All matters which have been reviewed and acted on by the board shall be 710 summarized in writing as a proposed development order. The form of the 711 proposed development order shall be approved by the City Attorney. 712 (b) All proposed development orders shall be submitted to the City Commission at 713 a regular City Commission meeting following action by the board. When a 714 legislative item, such as a land use amendment, is consolidated with a quasi- 715 judicial item, such as a rezoning, both items shall proceed using the quasi- 716 judicial process, but consolidation shall not alter the legal standard for review, 717 or the burden of proof. 718 (c) The City Commission may table a proposed development order to ensure that 719 proper notice and opportunity to be heard is provided to the applicant, the 720 public, and any other interested parties. All documents and evidence that were 721 submitted to the Planning and Development Board constitute part of the record 722 of the proceeding before the City Commission and it is presumed that the City 723 Commission accepted and considered the documents and evidence in its 724 consideration of the issues before the Commission. 725 (d) Following approval of a development order by the City Commission, the City 726 Clerk shall date and sign the development order and issue it as a final order. 727 728 Sec.27-65. Terms and Definitions. 729 See Part I11, "Land Development Regulations", Chapter 1, "General Administration", Article 730 II, for all applicable terms and definitions which pertain to the regulations and standards 731 contained herein. 732 733 Sec. 27-66-27-70. Reserved. 734 735 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD 736 737 Sec. 27-72. Membership. {00351419.9 306-90018211 23 Page 611 of 667 738 1. Where possible, a minimum of two(2)members shall be chosen from among the disciplines 739 of architecture, history, architectural history, archaeology, landscape architecture or planning. 740 A minimum of three (3) additional members of the board shall be experienced in the areas of 741 commercial development, real estate, banking or law. The two (2) remaining members shall 742 be citizen members at large. 743 (a) All members shall have demonstrated a special interest, experience or knowledge 744 in historic preservation or closely related disciplines. 745 (b) Persons serving on the board are encouraged to attend educational meetings or 746 workshops to develop a special interest, expertise, experience or knowledge in 747 preservation, architecture, or quasi-judicial boards. 748 (c) The City may appoint a professionally qualified historic preservation planner to 749 advise and assist the board, carry out delegated responsibilities, and undertake the 750 requirements for Certified Local Government certification. 751 752 Sec. 27-73. Meetings. 753 1. The board shall hold a minimum of four(4) meetings per year at regular intervals. All 754 meetings of the board shall be publicly announced and will have a previously advertised 755 agenda. The meetings shall be open to the public. 756 (a) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity 757 and participating fully in board discussions, but having no right to vote. 758 (b) Summary minutes will be prepared and made available to the public after 759 adoption by the board. 760 761 Sec. 27-74. Powers and Duties. 762 1. The board shall have the following powers and duties within the incorporated City limits of 763 Boynton Beach, Florida: 764 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the 765 City Commission and shall provide recommendations to the City Commission 766 regarding the following: 767 i. Nomination of properties and districts to the National Register of 768 Historic Places, as a required duty of being a certified local government. {00351419.9 306-90018211 24 Page 612 of 667 769 ii. Nominations of properties and districts to the Boynton Beach Register 770 of Historic Places. 771 iii. Adoption, modification, or replacement of a Design Guidelines 772 Handbook. 773 (b) To hold public hearings and to approve or deny applications for certificates of 774 appropriateness or certificates of economic hardship affecting proposed or 775 designated properties or properties within districts; 776 (c) To advise and assist owners of properties on physical and financial aspects of 777 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion 778 in the National Register of Historic Places; 779 (d) To call upon available City staff members as well as other experts for assistance 780 and/or technical advice; 781 (e) To authorize a member of the board to testify before a board or committee on any 782 matter affecting historically, culturally, archaeologically, and architecturally 783 significant properties and resources; 784 (f) To confer recognition upon the owners of properties and districts by means of 785 certificates,plaques or markers; 786 (g) To recommend amendments or changes to these Regulations; 787 (h) To inform and educate the citizens of the City concerning the historic, cultural, 788 archaeological, and architectural heritage of the City; and 789 (i) To participate in survey and planning activities of the Certified Local Government; 790 (j) To coordinate with the State of Florida's Division of Historical Resources Certified 791 Local Government program by satisfying the following requirements: 792 i. The State Historic Preservation Officer shall be given thirty (30) 793 calendar days prior notice of all meetings and within thirty (30) days 794 following such meetings shall be provided with the minutes and record 795 of attendance of the Historic Resources Preservation Board and the 796 public. 797 ii. The State Historic Preservation Officer shall be notified of any change 798 of Historic Resources Preservation Board members within thirty (30) 799 days of their appointment. {00351419.9 306-90018211 25 Page 613 of 667 800 iii. Notify the State Historic Preservation Officer immediately of all new 801 historic designations or alterations to existing designations. 802 iv. Submit amendments to the ordinance to the State Historic Preservation 803 Officer for review and comment at least thirty (30) days prior to 804 adoption. 805 V. Submit an annual report by March 1 covering activities of the previous 806 October 1 through September 30 and shall include the following 807 information: 808 A. A copy of the Rules of Procedure; 809 B. A copy of the Historic Preservation Ordinance; 810 C. Resumes of the Historic Resources Preservation Board members; 811 D. Changes to the Historic Resources Preservation Board 812 membership; 813 E. New local designations and National Register listings; 814 F. A review of survey and inventory activity with a description of the 815 system used; 816 G. A program report on each grant-assisted activity; and 817 H. Number of projects reviewed. 818 (k) To undertake any other actions or activity necessary or appropriate to the 819 implementation of its powers and duties or to implementation of the purpose of 820 these Regulations. 821 822 Sec. 27-75-27-79. Reserved. 823 824 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS 825 826 Sec. 27-80. Powers and duties. 827 Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building 828 Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the 829 Building Board of Adjustments and Appeals shall have the power, as further defined in Section 830 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to 831 hear appeals of decisions and interpretations of the building official and consider variances of {00351419.9 306-90018211 26 Page 614 of 667 832 the Florida Building Code and other technical codes. See Boynton Beach Administrative 833 Amendments to the Florida Building Code 6th Edition (2017). 834 835 Sec. 27-81. Secretary of board. 836 The building official or his/her authorized representative shall act as secretary of the board 837 and shall make a record of all of its proceedings, which shall set forth the reasons for its 838 decision, the vote of each member, the absence of a member, and any failure of a member to 839 vote. 840 841 Sec. 27-82. Membership. 842 Board members shall be composed of individuals with knowledge and experience in the 843 technical codes to include, to the greatest extent possible, an architect, engineer, general 844 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other 845 contractor licensed category. In addition to the regular members, there should be two alternate 846 members, one member with the qualifications referenced above and one member at large from 847 the public. 848 849 Sec. 27-83. Appeals. 850 1. Decision of the building official. The owner of a building, structure or service system, or 851 duly authorized agent, may appeal a decision of the building official to the Building Board of 852 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: 853 (a) The building official rejected or refused to approve the mode or manner of 854 construction proposed to be followed or materials to be used in the installation or 855 alteration of a building, structure or service system. 856 (b) The provisions of this code do not apply to this specific case. 857 (c) That an equally good or more desirable form of installation can be employed in any 858 specific case, which the building official has rejected or refused. 859 (d) The true intent and meaning of this code or any of the regulations hereunder have 860 been misconstrued or incorrectly interpreted. 861 862 Sec. 27-84. Variances. {00351419.9 306-90018211 27 Page 615 of 667 863 1. The Building Board of Adjustments and Appeals, when upon written request, has been so 864 appealed to and after a hearing, may vary the application of any provision of this code to any 865 particular case when, in its opinion, the enforcement thereof would do manifest injustice and 866 would be contrary to the spirit and purpose of this or the technical codes or public interest, and 867 also finds all of the following: 868 (a) That special conditions and circumstances exist which are peculiar to the 869 building, structure or service system involved and which are not applicable to 870 others. 871 (b) That the special conditions and circumstances do not result from the action or 872 inaction of the applicant. 873 (c) That granting the variance requested will not confer on the applicant any special 874 privilege that is denied by this code to other buildings, structures or service 875 system. 876 (d) That the variance granted is the minimum variance that will make possible the 877 reasonable use of the building, structure or service system. 878 (e) That the grant of the variance will be in harmony with the general intent and 879 purpose of this code and will not be detrimental to the public health, safety and 880 general welfare. 881 882 Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a 883 reasonable time limit within which the action for which the variance is required shall be 884 commenced or completed or both. In addition,the board may prescribe appropriate conditions 885 and safeguards in conformity with this code. Violation of the conditions of a variance shall be 886 deemed a violation of this code. 887 888 Sec. 27-86. Notice of appeal.Notice of appeal shall be in writing and filed within 30 calendar 889 days after the building official renders the decision. Appeals shall be in a form acceptable to 890 the building official. 891 892 Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building, 893 structure or service system, which in the opinion of the building official, is unsafe, unsanitary {00351419.9 306-90018211 28 Page 616 of 667 894 or dangerous,the building official may, in the order, limit the time for such appeals to a shorter 895 period. 896 897 Sec. 27-88. Procedures. 898 1. Rules and regulations. The board shall establish rules and regulations for its own procedure 899 not inconsistent with the provisions of this code. The board shall meet on call of the chairman, 900 subsequent to a request to call a meeting by the secretary. The board shall meet within 30 901 calendar days after notice of appeal has been received. 902 (a) Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due 903 process should be observed and govern the proceedings. Upon determination by the 904 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but 905 all other evidence of a type commonly relied upon by reasonable, prudent persons in 906 the conduct of their affairs shall be admissible, whether or not such evidence would be 907 admissible in a trial in the courts of Florida. Any part of the evidence may be received 908 in written form. The board may request certain evidence from the petitioner to be 909 provided by an architect or engineer registered in the State of Florida, in which case, 910 said evidence shall be signed, sealed, and dated. 911 (b) Testimony. Any member of the board or the attorney representing the board may 912 inquire of, or question, any witness before the board. Any member of the board, the 913 petitioner or his/her attorney, and/or the building official shall be permitted to inquire 914 of any witness before the board. The board may consider testimony presented by the 915 building official, the petitioner, or any other witness. 916 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a 917 decision without unreasonable or unnecessary delay. Each decision of the board shall also 918 include the reasons for the decision. If a decision of the board reverses or modifies a refusal, 919 order, or disallowance of the building official or varies the application of any provision of this 920 code, the building official shall immediately take action in accordance with such decision. 921 Every decision shall be promptly filed in writing in the office of the building official and shall 922 be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise 923 to the appellant and a copy shall be kept publicly posted in the office of the building official 924 for two weeks after filing. Every decision of the board shall be final; subject however to such 925 remedy as any aggrieved party might have at law or in equity. {00351419.9 306-90018211 29 Page 617 of 667 926 3. Local Construction Regulation Board. The local government may also utilize this Board to 927 convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 928 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor 929 to obtain a building permit or permit with specific conditions, if the LCRB has found such 930 contractor, through public hearing, to be guilty of fraud or a willful building code violation 931 within the county or municipality that the LCRB represents. The LCRB may also, deny, 932 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or 933 permit with specific conditions, if it has proof through the public hearing process, that a 934 contractor has been found guilty in another county or municipality within the past 12 months, 935 of fraud or a willful building code violation and after providing notice of an opportunity to be 936 heard to the contractor, finds that such fraud or violation would have been fraud or a violation 937 if committed in the county or municipality that the LCRB represents. Notification of and 938 information concerning such permit denial shall be submitted to the division within 15 days 939 after the LCRB decides to deny the permit. 940 941 Sec. 27-99. City Commission. 942 1. Local Planning Agency. The City Commission is hereby designated as the city's local 943 planning agency to act on behalf of the city under the terms and provisions of the local 944 government Comprehensive Planning Act, having the general responsibility for overseeing a 945 comprehensive planning program and the preparation and amendment of the Comprehensive 946 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as 947 provided in said Act. 948 2. Finality and Review. All decisions of the Planning and Development Board shall be 949 advisory to the City Commission. Once final, a decision may be reviewed by the filing of a 950 Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm 951 Beach County, Florida, and in accordance with the procedure and within the time provided by 952 court rule and such time shall commence to run from the date of the decision sought to be 953 reviewed. 954 955 27-100-27-104. Reserved. 956 957 ARTICLE X. APPEALS {00351419.9 306-90018211 30 Page 618 of 667 958 Sec. 105. Administrative Official. 959 1. Eligibility. Appeals of a decision of an administrative official may be taken by any person 960 aggrieved, or by any officer, board, or bureau of the governing body affected by any decision 961 of an administrative official under any ordinance enacted pursuant to the Land Development 962 Regulations. 963 2. Filing. Appeals of a decision of an administrative official, excluding the Building Official, 964 shall be filed within fifteen (15) calendar days after rendition of the order, requirement, 965 decision, or determination made by the administrative official. For appeals of a decision made 966 by the Building Official, the notice of appeal shall be in writing and filed within thirty (30) 967 calendar days after such decision is rendered. When necessary, a current certified survey and 968 a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or 969 other material constituting the record upon which the action was taken shall be collected by 970 the administrative official and, together with the completed appeal, forwarded to the 971 appropriate appeal board for placement on the board's next available agenda. 972 3. Stay of Work. Upon posting of acceptable surety (see Chapter 2, Article 111, Section 6)by 973 the appellant in an amount equal to one hundred ten percent(110%) of the potential costs of 974 delays and damages as certified by a design professional, all work on the premises and all 975 proceedings in furtherance of the action appealed will be stayed, unless the administrative 976 official from whom the appeal was taken, certifies that by reason of facts stated in the 977 certificate, a stay would cause imminent peril of life or property. In such case,proceedings or 978 work shall not be stayed except by a restraining order which may be granted by the board or 979 by a court of record on application, on notice to the officer from whom the appeal is taken and 980 on due cause shown. 981 4. Assignment of Appeals. The City Commission or the Building Board of Adjustments and 982 Appeals shall review all appeals. The assignment of each is as follows: 983 (a) City Commission. The City Commission shall hear and decide all appeals regarding 984 the administration, interpretation, or enforcement of any standard, provision, or 985 regulation contained in the land development regulations, except for that which is 986 identified below. 987 (b) Building Board of Adjustments and Appeals. The owner of a building, structure, or 988 service system, or duly authorized agent may appeal a decision of the Building Official 989 or the Floodplain Administrator,as applicable,in his/her enforcement or administration {00351419.9 306-90018211 31 Page 619 of 667 990 of Chapter 4, Article IX, Building, Construction and Historic Preservation 991 Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any 992 one (1) of the following conditions are claimed to exist: 993 i. The Building Official or the Floodplain Administrator, as applicable, rejected 994 or refused to approve the mode or manner of construction proposed to be 995 followed or materials to be used in the installation or alteration of a building, 996 structure, or service system; 997 ii. The provisions of the city's current edition of the Administrative Amendments 998 to the Florida Building Code do not apply to this specific case; 999 iii. That an equally good or more desirable form of installation can be employed in 1000 a specific case; or 1001 iv. The true intent and meaning of the city's current edition of the Administrative 1002 Amendments to the Florida Building Code have been misconstrued or 1003 incorrectly interpreted. 1004 V. An application made by the owner or tenant of a property which operates as a 1005 group home is denied. The Building Board of Adjustments and Appeals shall 1006 convene within thirty (30)calendar days of the date that a written appeal is filed 1007 with the City. If the Building Board of Adjustments and Appeals is unable to 1008 convene within 30 days, the appeal may be heard by the City's Magistrate and 1009 the matter will be added to the agenda of the next available Code Enforcement 1010 Hearing date. 1011 5. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals 1012 shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as 1013 due notice to the parties in interest. Upon the hearing, any party may appear in person, by 1014 agent or by attorney. 1015 6. Review of Administrative Orders. In exercising its powers, the City Commission or the 1016 Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may 1017 modify the order, requirement, decision, or determination made by an administrative official 1018 and may make any necessary order, requirement, decision, or determination, and to that end, 1019 shall have all the powers of the officer from whose action is being appealed. The concurring 1020 vote of a majority of the members present shall be necessary to reverse any order,requirement, {00351419.9 306-90018211 32 Page 620 of 667 1021 decision, or determination of any administrative official or to decide in favor of the applicant 1022 on any matter upon which the board or commission is required to pass. 1023 7. Indemnification. In the event a claim or lawsuit is brought against the city, its officers, 1024 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold 1025 harmless the city, its officers, employees, servants or agents and to defend said persons from 1026 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out 1027 of or relating to the appeals from decisions of an administrative official whether the appellant 1028 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 1029 expenses incurred by the city, its officers, employees, servants or agents in connection with 1030 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of 1031 any of the city's immunities provided for in F.S. § 768.28. 1032 1033 Sec. 106. Building Board of Adjustments and Appeals. 1034 1. Eligibility. Appeals of decisions by the Building Board of Adjustments and Appeals may 1035 be taken by any aggrieved parry affected by a board decision. 1036 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 1037 within thirty (30) calendar days after rendition of a board decision. 1038 (Ord. 10-025,passed 12-7-10) 1039 1040 Sec. 107. City Commission. 1041 1. Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved 1042 party affected by a City Commission decision. 1043 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 1044 within thirty (30) calendar days after rendition of the City Commission decision. 1045 1046 Sec. 108. Withdrawal or Denial of Appeal. 1047 1. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in 1048 part, a period of one (1)year must elapse prior to the filing of a subsequent application 1049 affecting the same property or any portion thereof. 1050 2. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in 1051 whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent 1052 application affecting the same property or any portion thereof, unless, however, the decision {00351419.9 306-90018211 33 Page 621 of 667 1053 of the applicable Advisory board is without prejudice; and provided that the period of 1054 limitation shall be increased to a two (2)-year waiting period in the event such an application, 1055 in whole or in part, has been twice or more denied or withdrawn. 1056 3. Refiling After Withdrawal without Prejudice. An application may be withdrawn without 1057 prejudice by the applicant as a matter of right; provided the request for withdrawal is in 1058 writing and executed in a manner and on a form prescribed by the Building Board of 1059 Adjustments and Appeals and filed with the board at least one (1)week prior to any hearing 1060 scheduled concerning the application; otherwise, all such requests for withdrawal shall be 1061 with prejudice. When an application is withdrawn without prejudice, the time limitations for 1062 re-application provided herein shall not apply. No application may be withdrawn after final 1063 action has been taken. {00351419.9 306-90018211 34 Page 622 of 667 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Vote City Clerk Pyle called the roll. The vote was 3-2. (Commissioner Romelus and Commissioner McCray dissenting) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to the Ment2Makelt, Inc. (Heard earlier in meeting) B. PROPOSED RESOLUTION NO. R17-113 - Resolution of City of Boynton Beach in support Florida House of Representatives House Memorial 263 urging the President to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Representative Al Jacquet is available to comment to this topic. (Heard earlier in meeting) C. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. Attorney Cherof, indicated the backup was put together by the City Clerk's office. The backup contains the information regarding the current composition of the boards, board requirements, and terms of offices. The back —up also contains a comparison with other municipalities and the County with respect to other boards and other comparable information. If the Commission wanted to change, this needed to be done through a comprehensive ordinance. If the Commission wanted to have uniformity of requirements or conditions or individually by boards, it would need one or more ordinances to modify these changes. Vice Mayor Katz asked if there were any specific recommendations. He did not recall the genesis of this issue. Attorney Cherof explained the issue was with an individual serving on more than one quasi-judicial board. A quasi-judicial board would have final say. Those conflicts are eliminated under the current policy. He does not see anything that would come into play. 21 Page 623 of 667 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray asked if the City has a problem with any of the boards. Attorney Cherof stated he has not seen any problems regarding these boards. The Clerk could speak on this issue. Judith A. Pyle, City Clerk responded there were no problems. We do have some reappointments in December, some are March and April. This was at the Commission discretion. There are some boards that no not have and end date. Ms. Pyle stated it would be good if the City had the re-appointments at one time. Some are in April, some are June, and some of the boards' members do not have any term limits to be reappointed. Vice Mayor Katz asked would it be appropriate to request any glaring issues, that the Clerk would see an inconsistency. If there was an issue it can be sent to the Commission. Ms. Pyle would have the best view on this situation. Commissioner McCray asked did we have it where we appointed all boards at one time. City Clerk Pyle responded yes. Board members whose terms were expiring are reappointed in December. Commissioner McCray asked about the discrepancy with the boards. Ms. Pyle replied the ordinances were created over time. Mayor Grant stated he would like to have a universal December reappointment. He wanted to have a two year term and have it alternating. Except for the Citizen Oversight Committee, we make this as uniformed as possible, and the Building Board Adjustment and Appeal we allow for the business owners as well, because it was sometime difficult to find qualified residents with the specific qualifications. Ms. Pyle stated the Building Board of Adjustment and Appeals had a scheduled meeting. Mayor Grant asked if everyone was in agreement with what was said. Commissioner McCray asked if staff needed direction from the Commission. Mayor Grant stated they had a consensus. D. Discussion on Public Art as requested by Vice-Mayor Katz. (Heard earlier in meeting) 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017. 22 Page 624 of 667 7 REGULARS&2 ALTERNATES Established per Ordinance No.61-2 Staggered Two-year terms for all members . ..w 2020 � .. �� RECREATION PARKS BOARD MEMBER EXPIRES PHONE PROFESSION _................. _ ._....... _ ...�_. AMMON, Eric 12/20 914-924-0421 Executive 3100 Fernwood Drive(33435) Appt'd 04/02/17 ericammonmail corn FREDERICK, Charles 12/21 702-3219 Teacher j 1413 N. Seacrest Blvd. (33435) Appt'd 11/5/19 dr _q PIERCE-ROE, Elizabeth (Betty) 12/21 436-8420 Self-Employed 637 Oak St(33435) Appt'd 4/4/10 couleabuckshuntclub.r„3 r,ail.corn Realtor/Bookeeper KANTER,Charles 12/21 369-7828 Writer, Marine 2905 South Greenleaf Circle Appt'd 9/7/10 charlesekantergmail.com Surveyor 33426 VAN LEUVEN,Joshua 12/20 561-633-3095 Sales Admin 350 N. Federal Hwy. #713 (33435) App'd 8/6/19vanleuyen� mail.com FAGAN, Eugene 12/20 561-385-4514 Architect 101 S. Federal Highway Apt 319 Appt'd 12/4/18 Eu=deng Fa�janArchitect.com (33435 STERN, Renee 12/21 375-9490 Ret.Teacher 13B Westgate Lane(33436) Appt'd 7/16/13 Repgg4531,;�r aol.com I ALTERNATES: ... .. BONNELL,Richard 12/20 678-428-8868 Aviation Tech 3504 SE 2nd St. (33435 Appt'd 5/21/19 r.brian bonnellC'=mall com, MONDELLO Julie 1221 / 356-9466 Information 122 Lancaster Road (33426) Appt'd 12/2/14 iullemondellor- hoo.comSecurity Project �. .... . -1--_ _[' ........ _.M ._ Manacler CITY EMPLOYEE REPRESENTATIVE: MA.70111-S,Wally- Recreation &Parks Director-742-6255 Updated: 12/06/19 S:\CC\WP\BOARDS\LISTS\2020 Board Lists\RECREATION&PARKS BD.docx Page 625 of 667 7 REGULARS&2 ALTERNATES Established per Ordinance No. 61-8 Staggered Two-Year Terms for all members __....._ _. . .... LIBRARY2020 MEMBER EXPIRES PHONE PROFESSION ... _.. __ .. ............. VACANT 12/20 i VACANT 12/21 i i FELDMAN, George 12/20 Not listed Realtor 9778 Nickels Blvd., 505 Appt 6/18/19 george@georgefeldman.com SHERLOCK, Elizabeth 12/21 561-932-8197 Realtor 2010 s. Federal Hwy., #202 (33435) Appt'd 12/03/19 Sherlock,..elizabeth�e yahoo.com VACANT 12/21 i I i BOUCARD, Robyn 12/20 543-7262 Data Processor II 516 New Lake Drive(33426) Appt'd 5/7/19 rbouc4l@aol.com HAYDEN-ADEYEMO,Stephanie Dr. VC 12/21 945-1329 Teacher 2181 SW 15th Ave. N102 (33426) Appt'd 2/7/17 Monroe s vmail.com �.... _ .. .m., .... _ -------- __.... ALTERNATES: �. ----.--------------- ... . Vacant 12/20 Vacant _12/2_1 �� w ... a........._. .._-,._ CITY EMPLOYEE REPRESENTATIVE: CLARK, Craig — Library Director S:\CA\ADVISORY BOARDS\2020 Board Lists\LIBRARY BOARD.docx Page 626 of 667 7 REGULARS&2 ALTERNATES Established per Ordinance No.92-13 Staggered Two-year Terms for All Members ... - — .....___ -----------___. .......... 2020 SENIOR AD ISORYBO RD _ _ - - . _ MEMBER EXPIRES PHONE PROFESSION ... . Lyman,Judi 12/20 561-704-2507 Retired 2 Villa Lane (33436) Appt'd 4/16/19 secretaryexpress@aol.com CRUZ,Angela 12/21 561-674-3905 Regulatory j 1420 Via De Pepi (33426) Appt'd (12-17-19 crangela23@yahoo.com Analyst I Vacant(Iames) 12/21 NEWTON, Margaret 12/20 561-315-9595 Teacher& 701 NW 4th St.(33435) Appt'd 4/18/17 kipsaigi@aol.com Suprvr. SIEGEL, Lawrence 12/20 561-254-4237 Educator/Consult 1010 NW 8th Street (33426) Appt 9/20/18 Isle el2010�,11 gmall.com ant VACANT 12/20 GOMEZ, Jennifer 12/21 561-577-6136 Elder Law 3221 Chapel Hill Blvd (33435) Appt'd 7/18/17 jg@.jennifergomez.co Attorney ...._....� ................._. .....M.M. ...__ _.... ALTERNATES: BLACK, Alison 12/21 715-4067 M Social Worker 1 6 Bethesda Place :.33435 A it'd 7/3/18 AlisonFblack` AQ1,corn _ OPE12/20 . CITY EMPLOYEE REPRESENTATIVE: Brent Rolle— Recreation Supervisor S:\CC\WP\BOARDS\LISTS\2020 Board Lists\SENIOR ADV BD.doc Page 627 of 667 7 REGULARS &2 ALTERNATES Established per Ordinance No. 01-64 Two-year Terms for All members Amended per Ordinance No. 04-031 _._ 2020 u _ ------ 7 RTS COMMISSION MEMBER EXPIRES PHONE PROFESSION ZELL,Jehana 12/20 376-3397 Artist&Volunteer 736 Shore Drive(33435) Appt'd 3/20/18 Jehana d aol.com LEVINE, Marcia,Vice Chair 12/21 917-693-4729 Account Exec MD TV 625 Casa Loma Blvd. Bldg 2,#808 Appt'd 12/5/17 Marcialorilevinemail.com (33435) MOODIE,Clovis 12/21 601-9492 Retired Educator 3638 SE 2nd Street(33435) Appt'd 2/7/17 McarV05r bellsouth.net McQUIRE, Courtlandt,Chair 12/20 954-465-4369 Creative Director 719 SW 27«Place(33435) App'd 10/2/18 CourUkredbaradv.com OYER,Susan 12/20 736-1251 Social Studies PO Box 57(33425) Appt'd 8/21/18 susanoyer gmail.com Teacher AYALA, Dario 12/21 561-891-0401 Aircraft repair/sales,-7 1600 Woodfem Dr.(33436) Appt'd 12/03/19 Dario&varmsintl.com SILVERIO,Saddam 12/20 954-557-3054 Field Sales Manager 200 Ocean Pkwy(33435) Appt'd 12/03/19 saddamsq�!live com ALTERNATES: ...... .w. .a� ... LORENZ, Robyn, 12/20 561-541-5238 Substitute Art Teacher 805 SW 1st Ct.(33426) Appt'd 12/03/19 Tall.artist� ahoo.com KLAUBER, Martin 12/21 301-891-0402 Adm. Law Judge 700 E. Boynton Beach Blvd., LPH-1 Appt'd 12/03/19 Marty.klauber@gmail.com f 33435 ,:_. .m...._. w_.M.M M.M. (,... .... .... ..M. _ _... _...� --. — .._ ...�..................� _ � CITY EMPLOYEE REPRESENTATIVE: Coles-Dobay, Debby, Manager 742 6026 phone/742 6089 fax/ 632-7992cell colesdobaydbbfl.us www.bovntonbeacharts.pM CRA LIASION: Michael Simon S:\CC\WP\B0ARDS\LISTS\2020 Board Lists\ARTS COMMISSION.dooc Page 628 of 667 7 REGULARS&2 ALTERNATES Established per Ordinance No.71-1 Staggered Two-year Terms for All Members 020 PLANNING DEVELOPMENT MEMBER EXPIRES PHONE PROFESSION _ LITSCH,Tim 12/21 954-494-7271 Retired J 12 Colonial Club Dr., Apt 205 Appt'd 12/03/19 southoceandrive: hotmail.com Telecommunications 33435 OYER, Susan 12/21 736-1251 Social Studies PO Box 57 (33425) Appt'd 12/03/19 susanoyer@gmaii.com Teacher BUONI, Butch 12/20 706-993-8598 Pres. COA/Retired 450 Horizons E #304 (33435) Appt'd 8/21/18 Butch.BuonNC mail..com Military SIMON, Chris 12/20 436-7580 Project manager 222 NW 1A Ave. (33435) Appt'd 12/4/18 Simo9884 c�c mail_com wew® I ROSECRANS,Trevor, Vice Chair 12/20 654-3863 Civil Engineer 703 SW 4m Avenue (33426) Appt'd 12/2/14 trevrose�bellsouth.net I DeVOURSNEY, Dr. James, Chair 12/21 376-3747 Physician/Owner 2625 Lake Drive North Appt'd 12/03/19 drdevoursne� mail.com ALLEN, Darren 12/21 305-333-3500 Assist. Dean/Real 250 N. Federal Hwy 1015-S (33435) Appt'd 12/03/19 darremmallenl _mail.com Estate .......... ,..,._— .1...... ._.... M.. .-... ....... . ALTERNATES: ...................... SO-BEL,Jay 12/20 810-4410 Chemical Engineer 24 Sutton Drive. (33436) Appt'd 10/15/19 jesobel gjuno.com i PHILLIPS, Lyman 12/21 508-202-5635 Realtor 6 Danby Place (33426) Appt'd 12/03/19 Ir)r)hilli1234n_qmail.com ........ ... . ._ CITY EMPLOYEE REPRESENTATIVE: ED BREESE—PLANNING&ZONING ADMINISTRATOR S:\CC\WP\BOARDS\LISTS\2020 Board Lists\PLANNING DEV BD.docx Page 629 of 667 7 Regular members- 2 Alternates Established 2/15/11 2 year staggered terms for all members Ordinance No. 10-25&11-007 2020 HISTORIC RESOURCES PRESERVATION BOARD MEMBER EXPIRES PHONE PROFESSION m... ........ _ . __.._.®___....... .... .�._ Vacant 12/20 Feldman,Jesse 12/21 954-770-2179 Attorney 117 South Seacrest Blvd. (33435) Appt'd 12/4/18 Jesse robert.feldman % mail.com ' Vacant 12/21 Dean, Palm Beach State Ad' Prof. FAU +Ready, Barbara 12/20 734-3646 (H) Banking 34001 Baez Bay (33436) Appt'd 5/17/11 313-5185 (c)) fivereaclyl.com *Lowe, Ben 12/21 317-5174 Chair FAU 751 SW 35th Avenue (33435) App'd 4/2/19 Bplowe1534@bellsouth.net History Dept. Tidwell III, Hollis 12/20 561-707-4501 Architect 324 SW 3rd Avenue(33435) Appt'd 8/4/15 hollis= ,bridesmarsharchitects.com Wilson, Michael 12/21 561-260-1296 Land to Sea i 1224 Isle Ct. (33426) Appt'd 5/17/16 landtosea'a,_co cast.net Photography- L .MOwner . ALTERNATES: Vacant 12/20 Vacant 12/21 L... ___. _.... CITY EMPLOYEE REPRESENTATIVE: Mike Rumpf Director of Development *2 members—Architecture, history, architectural history, archaeology, landscape architecture or planning +3 members—commercial development real estate, banking or law #2 members—at large S:\CC\WP\BOARDS\LISTS\2020 Board Lists\HISTORIC RESOURCES PRESERVATION BD.dooc Page 630 of 667 7 Regulars-2 Alternates Established per Ordinance No.76-11 Staggered Two-year Terms for all members — ............. . _.... 20 BUILDINGBOARD OF ADJUSTMENTS & APPEALS MEMBER EXPIRES PHONE PROFESSION Bortz, Paul 12/20 724-322-0391 Business Owner 3418 Tuscany Way(33435) Appt'd 1/19/16 phbortz@gmail.com GURITZKY,Sanford 12/20 734-8899 Retired 14 Estate Drive (33436) Appt'd 1/5/10 isand_q >comcast.net VACANT(Mann Resigned) 12/21 VACANT(PODRAY did not apply) 12/21 i E BERGER, Daniel 12/21 334-559-1292 Construction 827 South Road ( 33435) Appt'd 2/7/17 TdanielberLcDd jr.com Manager DORNBLASER,Timothy 12/20 561-239-5191 General 136 Mohigan Circle, Boca Raton Appt'd 5/7/19 tdornblaser,�gail.com Contractor/Business (33487 _ Owner BRINK, Damian 12/21 561-632-5387 Retired 1523 S. Federal Hgwy, (33435) Appt'd 5/7/19 damianbrink att,net .... . .. _ - _.. . _ ALTERNATES: _ ...... _.. _... _... VACANT 12/20 VACANT 12/21 CITY REPRESENTATIVE: Shane Kittendorf, Building Official S:\CC\WP\BOARDS\LISTS\2020 Board Lists\BLDG BD OF ADJ&APPEALS.dooc Page 631 of 667 5 REGULARS 2 YR TERMS Established per Resolution R17-020 Adopted February 21,2017 ----- _. ....... ...... ............ ..... .....� ..._ 2020 CITIZENS OVERSIGHT COMMITTEE .................._- -_.M.v.._.. r��—_..... MEMBER APPOINTED PHONE PROFESSION EXPIRES Kerr, Adam - Chair 2-21-2017 561-840-0874 Engineer Consult. 1920 Wekiva Way Suite 200 12/19 Adam.Kerr c- kimle -horn.com West Palm Beach, FL 33411 Avril, Jude - Vice Chair 2-21-2017 561-654-9017 Financial Consult. 301 W. Atlantic Ave. Suite 0-5 12/19 �'av rilbellsouth.net Delray Beach, FL 33444 Pickel, Joyce 2-21-2017 561-738-1644 9 Colonial Club Dr. #104 12/20 Boynton Beach, FL 33435 Taylor, Jerry 2-21-2017 561-389-2216 Government/Mayor 1086 SW 26th Avenue 12/19 Taylor. l�bellsouthnet Boynton Beach, FL 33426 Wilson, Alexandria "Nicole" 2-21-2017 561-202-5753 Project Engineer 1202 NW 5th Street 12/20 alexandriai wilson(`c-L) mail.mmcom Boynton Beach, FL. 33435 CITY EMPLOYEE REPRESENTATIVE: Mara Frederiksen — Director of Financial Services 742-6312 S:\CC\WP\BOARDS\LISTS\2020 Board Lists\CITIZENS OVERSIGHT COM.docx Page 632 of 667 7 REGULAR MEMBERS *Commission Appointed -Three-year Term +Employee Elected -Three-year Term .... ......................... .._.... _.- _ .....M.. ._ 2020 EMPLOYEES' PENSION PLA BOARD �.M..... _ F TRUSTEES MEMBER EXPIRES PHONE PROFESSION GRANT, Steven B. appointed by ordinance 376-1537 Mayor 100 E. Boynton Beach Blvd. Boynton Beach, FL 33436 grants&bbfl.us LAVERRIERE, Lori appointed by ordinance 742-6010 City Manager 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 LaverriereL bbf._ *MCDEAVITT, Cathleen V. 12/20 715-3107 Retired - ITS 237 SW 9th Avenue Appointed by the City mtck: bellsouth.net Boynton Beach (33435) +LOW, Michael 12/20 742-6403 Deputy Utilities Director 11197 Manderly Lane Non-Bargaining Rep lowm.Qbbfl.us Ops & Maintenance Wellington, FL 33467 +FASOLO, Laurie 12/19 312-4136 Cus. Rel. Clerk, Sr. 1405 SW 25 Avenue Boynton Beach, FI. 33426 Bargaining Rep. fasolol_c bbfl.us Tennis Center +CLAUDE, Sherri 12/19 685-8918 Accreditation Manager 457 SW 4th Ave Employee Rep sherri.claudgaarpail.com Boynton Beach, FL 33435 non-sworn HOMER, Kevin 12/20 305-1976 Insurance Benefits 2505 Lake Drive North Appointed by the City Kevin�r'7i homerinsured.com Consultant Boynton Beach, FL 33435 PENSION ADMINISTRATOR: Amanda Kish &Scott Baur 561-624-3277 The Resource Centers 4360 Northlake Blvd, Ste 206 PBG, FL 33410 Updated: 2/2/2018 S:1CC1WPIBOARDSILISTS12020 Board List1EMPLOYEES PENSION BD.doc Page 633 of 667 7 Regulars Members—2 yr staggered terms Established per Resolution No. R15-136 202 --- COMMUNITY REDEVELOPMENT AGENCY ADVISORY BO MEMBER EXPIRES PHONE PROFESSION Grcevic, Sharon 12/21 252-2519 Real Estate Broker 7043 Chesapeake Cir. bo�,ntonrealty aaqol.com (33436) Devlin, Thomas 12/20 734-0964 Wireless 2840 SE 1s'Ct. (33435) tdevlin( )bellsouth.net Consultant Hendricks, Allan 12/21 541-3700 Landscape 122 SE 4,h Ave. (33435) allan@,cwiassoc.com Architect Barber, Anthony 12/20 777-4934 Business Owner 1920 S Federal Hwy. (33435) a tbarbertrosbbue.com Gordon, Golene 12/20 853-5959 Real Estate Agent 230 Lake Monterey Cir. (33426) Golene ordonnCd) mail com (Mailing — P.O. Box 4303) j (33424) I Cruz, Angela 12/21 674-3905 Regulatory Analyst 1420 Via De Pepi (33426) cranela23ahoo.com I Vacant 12/21 CRA EXECUTIVE DIRECTOR: Mike Simon, Executive Director 710 N. Federal Highway 600-9090 Updated:12/18/19 S:1CC1WPIBOARDSILISTS12020 Board Lists\COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD.docx Page 634 of 667 5 REGULAR MEMBERS Fund Established by Ord.245(1953) * Commission Appointed-Four-year Term Reorganized Under Ord 02-004 **Elected by Police Officers-Four-year Term + Board Appointed-Four-year Term (Terms amended from two to four years per Ord. 10-05,effective 02/02/10) D.0 (� ����Dlb" ��IBU E`en L. N1"I )E ,T A", L INFORMATION 20 MUNICIPAL POLICERETIREMENT TRUST FUND MEMBER EXPIRES PHONE PROFESSION ... � VACANT 12/22 *bugger, Daniel 12/22 742-6100 Police Appt'd 7/17/18 2woDepartment +FAINE. Russell 12/21 742-6100 Police Officer Appt'd 7/2/13 ain , fi..I **LLOPIS, Det. Jason—Secretary 12/22 742-6100 Police PO Box 310 (33425-0310) Elected 05/08 15.s.€ ' birLUS, Department � P **McDeavitt,Brian 12/21 436-3110 Police Elected 11/10/17 !ate P 4 r LI Department Administrators - Precision Pension 2100 N. Florida Mango Rd. West Palm Beach, FL S:\CC\WP\BOARDS\LISTS\2020 Board List\POLICE OFFICERS'PENSION BD.doc Page 635 of 667 5 REGULAR MEMBERS * Commission Appointed - Four-year Term **Elected by Firefighters - Four-year Term + Board Appointed - Four-year Term DO NOT DISTRIBUTE - CONFIDENTIAL INFORMATION 20 MUNICIPALIO TRUST FUND MEMBER EXPIRES PHONE PROFESSION *WALTER, Desirae 12/20 561-703-6739 Teacher 2890 SE 1St Court Appt'd 01/15/19sinaeni ariewa ,r a Boynton Beach, Florida ail,com m. "CALE. STANLEY 12/21 Firefighter Elt'd Cala - _ I **PETTY, MATTHEW, CHAIR 12/20 Firefighter Elt'd12/2010 Pei b 1lm +RAYBUCK_ 10KIATHAni r 12/21 Firefighter/ Appt'd 08/13/09 Ra b u , fl,rL Paramedic 1 *TAYLOR, ROBERT B, JR. 12/20 737-1960 Financial 4 Via Lago (33435) Appt'd 04/1999 gl larrConsultant it a Ex-Officio Member- TBD PENSION ADMINISTRATOR: DAVE WILLIAMS, PRECISION PENSION S:\CC\WP\BOARDS\LISTS\2020 Board List\FIREFIGHTERS'PENSION BD.doc Page 636 of 667 12.B. LEGAL 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (Tabled to the June 16, 2020 Commission Meeting.) Explanation of Request: On July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/ IT, for an initial three (3) year term. The Franchise Agreement was negotiated as a revenue generating Agreement whereby FLSC, LLC., was to pay to the City a fixed monthly fee of$2,000.00 per bin, or$100,000.00 annually, whichever was greater for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program. To date, the City has not received any money based on the Franchise Agreement and staff is recommending the Agreement with FLSC be terminated. How will this affect city programs or services? Fiscal Impact: Alternatives: Do not authorize termination of the Franchise Agreement. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 637 of 667 ATTACHMENTS: Type Description D Attachment Correspondence from City Attorney to FLSC, LLC D Agreement Resolution and Franchise Agreement Page 638 of 667 The City ofBounton Beach 01111'1(111'of,THE '1301 P.O. BOX 310 0310 (561) 712-60.70 April 2, 2020 Mark Douglas, Manager Fl-SC, LLC. d/b/a Florida Textile Recycling Program 3911 SW 47th Avenue, Ste. 903 Davie, FL 33314 Re: Franchise Agreement between the City of Boynton Beach and FLSC, LLC for textile Recycling Dear Mr. Douglas: I have been advised, as City Attorney for the City of Boynton Beach, that your company has defaulted in making the franchise fee payments required under the terms of the Franchise Fee Agreement entered into on August 6, 2018. As you know the City has the right to terminate your Agreement with or without a statement of cause. I will bring the default to the attention of the City Commission at its next meeting and request authorization to terminate the Franchise Agreement. It would go a long way to preserve the relationship you intended to form with the City if you make payment prior to the April 21, 2020 Commission meeting so I can advise the City Commission of your good faith effort to comply with the terms of the Agreement. Very truly you -- f James A. Cherof City Attorney JAC/ls cc: Lori LaVerriere, City Manager Mayor and Commission Andre S. Parke, Esquire A-3-fE ICA°s GA II T A 3-710 111TE ��r,�L�{Srz��z ��1 Page 639 of 667 Y i i 1 RESOLUTION NO. R18-058 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLSC, 6 LLC., DBA FLORIDA TEXTILE RECYCLING 7 PROGRAMS, OF DAVIE, FLORIDA FOR A TEXTILE 8 RECYCLING FRANCHISE CITY-WIDE, RFP NO. 009- 9 1210-1.8/IT FOR AN INITIAL THREE (3) YEAR TERM; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS,on March 12,2018 the City opened and tabulated two(2)proposals in 14 response to RFP No. 009-1210-18/IT for Textile Recycling Franchise; and 15 WHEREAS,the proposals were presented to the City Commission on April 3,2018; 16 and 17 WHEREAS, the City Commission approved Option A — Exclusive City-wide 18 Franchise for a textile recycling program; and 19 WHEREAS, the Agreement is a revenue generating Agreement whereby FLSC, 20 LLC.,will pay to the City a fixed monthly fee of$2,000.00 per bin or$100,000.00 annually, 21 whichever is greater,for the exclusive right to implement a Textile Recycling Program City- 22 wide (Option A of the RFP) for a period of three years from the date of execution with an 23 option for an additional three (3)year renewal if deemed in the City's best interest. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Agreement_With_FLSC_For_Textile Recyciing_-_Reso.Doc Page 640 of 66 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign an Agreement with FLSC, LLC., d/b/a Florida Textile Recycling Programs of Davie, 33 Florida for a Textile Recycling Franchise in response to RFP No. 009-1210-18/IT for an 34 initial three (3) year term whereby FLSC shall pay to the City a fixed monthly fee of 35 $2,000.00 per bin or $100,000.00 annually, whichever is greater, for the exclusive right to 36 implement a"Textile Recycling Program City-wide(Option A of the RFP)with an option for 37 an. additional three (3) year renewal if deemed in the City's best interest, a copy of the 38 Agreement is attached hereto as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 17th day of July, 2018. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Christina L. Romelus s 48 ...- 49 Commissioner—Mack McCray 50 51 Commissioner—Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE -5 -0 57 ATTEST: 58 59 `1 60 61 Juditliik Pyle, CMC — 62 City Clerk 63 64 65 (Corporate Seal) ;:\Users\Stanzionet\?.ppdata\Local\Microsoft\Windows\Temporary Internet iles\Content.IE5\TQFSZ5NC\Agreement_With FLSC_For Textile_Recycling_-_Reso.Doc Page 641 of 667 FRANCHISE AGREEMENT Between CITY OF BOYNTON BEACH, FLORIDA and FLSC,LLC for TEXTILE RECYCLING AND COLLECTION This is an Agreement, made and entered into by and between the City of Boynton Beach (the"CITY"), a Florida municipal corporation, 100 E Boynton Beach Blvd., Boynton Beach, FL 33435, and FLSC, LLC, a Florida limited liability company, d/b/a Florida Textile Recycling Programs, hereinafter referred to as ("CONTRACTOR"). CONTRACTOR maintains an office of business at 3911 SW 47 Ave., Suite 903, Davie, FL 33314. WHEREAS, the CITY issued a Request for Proposals for the operation of a Textile Recycling and Collection Franchise; and WHEREAS, the CONTRACTOR, in response to the RFP (009-1210-18/IT), submitted a proposal which was relied upon by the CITY in selecting the CONTRACTOR to operate the Textile Recycling and Collection Franchise; and WHEREAS,the CITY desires to enter into an agreement with the CONTRACTOR under the terms and conditions of the Agreement as contained herein; and NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows SECTION 1: AGREEMENT 1.1 TERM OF FRANCHISE AGREEMENT This Agreement shall be for a period of three (3)years commencing on the date the Agreement is executed by the CITY. The City of Boynton Beach may extend the contract with the same terms and conditions for an additional three(3)year renewal term subject to vendor acceptance,satisfactory performance,and determination that renewal will be in the best interest of the CITY. 1.2 FRANCHISE The CONTRACTOR shall for the term of the Contract have the exclusive franchise and the sole obligation to operate and maintain a comprehensive Textile Recycling and Collection program including the provision, placement, and maintenance of Textile Recycling Collection Bins in and upon approved properties identified and specified in this Contract.No other services shall be exclusive to the CONTRACTOR. The Contract specifically excludes the collection of Recovered Textile Materials from Commercial Service Units in the Service Area in compliance with the requirements 1 Page 642 of 667 for a local government found in §403.7046(3)F.S. (2014) and as may be amended from time to time.The Contract shall also exclude the location of textile recycling collection bins on properties utilized for the sole purpose of operating K-12" grade schools or properties utilized owned by churches and utilized for the sole purpose of operating churches; subject to the condition that all textile recycling collection bins located on church properties shall be owned and operated by the church and all revenue derived from the textile recycling collection bins shall inure to the church. The CONTRACTOR is authorized by the CITY to enter in and upon public property, in upon over and across the present and future streets,alleys, bridges, easements and other public places of the CITY for the purposes of collecting the Recyclable Textiles within the municipal corporate limits of the CITY, or as directed in conformance with Ordinances and other applicable law. The CITY shall assist CONTRACTOR in enforcing the exclusivity of this Contract. In the event that the CONTRACTOR determines that a commercial establishment has not contracted with a City-registered Recoverable Hauler for textile recycling collection, CONTRACTOR shall notify the CITY. The CITY shall notify the commercial establishment to cure the noncompliance. If the noncompliance is not cured within five (5)work days, the CITY may file an appropriate code enforcement action before the City of Boynton Beach Code Enforcement Special Magistrate, or use any other suitable iegai remedy applicable thereto as determined by the CITY. 1.3 TIME FOR PERFORMANCE Work under this Agreement shall commence on October 1, 2018("WORK COMMENCEMENT DATE"), sixty days from the date of execution of this Agreement. CONTRACTOR shall perform all services and provide all work product required pursuant to this Agreement upon WORK COMMENCEMENT DATE. SECTION 2: DEFINITIONS For the purpose of this Agreement, the definitions contained in this Section shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Section,the definition of such word or phrase as contained in the Code of the CITY shall apply. To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail. Definitions contained herein shall not be interpreted to require the CONTRACTORto undertake any conduct contraryto federal,state,or local law. When consistent with the context,words used in the present tense shall include the future, words in the plural shall include the singular,and use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. A. Advertisina shall mean any CITY-approved written communication for the purpose of promoting the City's Textile Recycling Service Program either in 2 Page 643 of 667 a written advertisement upon one of the CONTRACTOR's recycling bins, advertisement on the CONTRACTOR's or CITY's website,or by use of any other promotional device previously approved by the City. The CONTRACTOR's name in which it is doing business and written communication as specified in the Contract or written communication as directed by the City Manager or his/her designated representative(s),shall not be considered Advertising. B. Agreement shall mean this Exclusive Franchise Agreement for establishing and operating a Textile Recycling and Collection program in the CITY. C. Aoolicable Law shall mean any city, State of Florida, or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive or policy which is in effect, enacted, promulgated, issued or enforced by a court, administrative hearing officer or before a governmental body, during the term of this Contract, and related in any manner to the performance of the CITY or CONTRACTOR under this Contract. D. CITY shall mean the City of Boynton Beach, Palm Beach County, Florida. E. City Manager shall mean the City Manager of the CITY, or his/her designated representative(s). F. city Commission shall mean the CITY Commission of the CITY. G. Collection shall mean the process whereby Textile Recyclables dropped off, delivered, quantified, removed and transported from CONTRACTOR recycling bins,trucks and other collection points. H. Collection Bin shall mean any metal receptacle,with a defined capacity equal to a maximum of 800 pounds designed or intended to be manually dumped into a loader-packer type collection truck. All such Containers must be clearly marked in a manner that identifies it as a Textile Recycling receptacle (a/k/a collection receptacle) so as to prohibit their use for the disposal of other solid waste, medical waste, hazardous waste or foreign objects. The receptacle shall display the CITY logo and CONTRACTOR information, including the name, telephone number, and physical address of the business. CONTRACTOR shall put the following statement on each collection receptacle: "This is not a charity. Textile recycling collections made here support a for-profit business and are not tax deductible." In addition, these containers shall include a notification system that will help limit the number of container pickups. The quantity,style and color(s)of the Textile Recycling Collection Receptacles shall be approved by the City Manager or his/her designated representative(s). See Exhibit A. 3 Page 644 of 667 I. Community Events shall mean events sponsored or co-sponsored by the CITY and CONTRACTOR. J. Contract Administrator shall mean the CITY employee designated by the City Manager to be the CITY's official representative,or if no such party shall thereby be so designated, it may be the City Manager, regarding matters pertaining to this Contract. K. Contract Year shall begin on [DATE] at 12:00 a.m., EST, through [DATE] at 11:59p.m., EST. Each subsequent year shall begin on October I and end on [DATE]. L. CONTRACTOR shall mean the person or entity named above that has entered into this Contract to provide and manage the Textile Recycling and Collection Program described herein for the Service Area. M. County shall mean Palm Beach County, Florida N. Day Bin Trucks shall mean 18 foot trucks that are utilized to pick up textiles from collection bins and may be utilized to ensure cleanliness at high volume locations as long as they are attended, limited in operation to 9:00 AM- 5:00 PM daily, and must be removed from each high volume site daily. O. Franchise Fee shall mean the revenues paid from the CONTRACTOR to the CITY for the right to the textile recycling and collection franchise. P. Gross Revenues shall mean all revenues collected by the CONTRACTOR,from any source whatsoever, arising from, attributable to or in any way derived from the Textile Recycling services it provides pursuant to this Contract. Qr Hazardous Waste shall mean Solid Waste, or a combination of Solid Wastes, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed; any waste, substance, object or material deemed hazardous under: (i) Section403.703, Florida Statutes; (ii) RCRA, 42 U.S.C.A §6901 et seq.; (iii) CERCLA, 42 U.S.C.A. § 9601 et seq; (iv) Toxic Substances Control Act, 15 US.C. §2607, et seq., and in each case, applicable regulations promulgated thereunder. The term does not include human remains that are disposed of by persons licensed under Chapter 470,Florida Statutes. R. Ordinance shall mean those parts of the code of the CITY governing 4 Page 645 of 667 Textile Collection,Disposal and Recycling activities within the CITY. S. Recovered Materials shall mean those materials meeting the statutory definition set forth in F.S. 403.7046. Recovered Materials that meet the statutory definition are metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Construction and Demolition Debris is not Recovered Materials. T. Recyclable Materials shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste.Textiles, for purposes of this exclusive franchise agreement, are Recyclable Materials to be collected by the CONTRACTOR under the parameters of this contract. Other known Recyclables shall include all materials that are accepted by a Designated Recycling Facility. These materials may be re- defined by the CITY from time-to-time, at the sole discretion of the CITY. U. Recycling shall mean any process by which materials which would otherwise have been Solid Waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. The recycling process shall include the Textile Recycling program undertaken by the CITY through its exclusive franchise agreement with the CONTRACTOR, with the intent of redistributing textiles for reuse, return to use and for avoidance of landfill depletion. V. Service Area shall mean the municipal limits of the CITY. W. Unacceptable Waste shall refer to (a) Solid Waste; (b) Construction and Demolition Debris (c) Recoverable items other than Textiles (d) Hazardous Wastes, cleaning fluids, hazardous paints, acids, caustics, poisons, radioactive materials, fine powdery earth used to filter cleaning fluid, and refuse of similar nature; (e) any controlled substances regulated under the Controlled Substances Act, 21 USC 801 et seq., or any equivalent state law; (f) and, all other items of waste which the CONTRACTOR reasonably believes would be likely to pose a threat to public health or safety or the acceptance and disposal of which may cause damage to the Designated Textile Recycling Facility or that which may be in violation of any judicial decision, order, action, permit, authorization, license, approval or registration of any federal, state or local government or any agency thereof, or any other regulatory authority or applicable law or regulations. SECTION 3: SCOPE OF SERVICES TO BE PROVIDED TO THE CITY 5 Page 646 of 667 The CONTRACTOR shall provide the services identified in Section Ii-Scope of Services and attached hereto as Exhibit"A", Option A- Exclusive City-Wide Franchise Program. 3.1 FRANCHISE SERVICES The CITY hereby grants the CONTRACTOR the right to erect, place, maintain, and install CITY approved textile recycling collection bins at CITY-owned or private properties as approved by the CITY. 3.2 COLLECTION BIN LOCATIONS Upon contract execution, CONTRACTOR shall have the right to erect 50 collection bins, in consideration for the annual Franchise Fee (12000 per bin per year or $100,000.00 per year whichever is greater"), at high volume locations,on approved CITY or private properties. The City Manager or his/her designated representative(s) must approve of all proposed containers prior to placement. The day bin trucks shall be utilized at a maximum of 4 high volume locations and may be in operation from 9:OOAM- 5:00PM daily. These trucks must be attended and removed daily. No overnight parking is permitted. The City Manager or his/her designated representative(s)reserves the right to deny the CONTRACTOR's collection bins access to certain public lands inside the CITY where it is in the best interest of the general public to do so due to conditions of such areas, including aesthetics, streets and traffic flow. The CONTRACTOR shall use best efforts to not interrupt the quality of life for any residents. No collection of any Textile Recycling Collection Bin may be undertaken before 7:OOA.M. or after 7:OOP.M. on any week day and no collection may occur on any Saturday, Sunday or Holiday. CONTRACTOR may seek exemption for collection regulations found herein from the City Manager or his/her designee if it can be shown that no deleterious impact upon Boynton Beach residents will occur. Priorto its placement of aTextile Recycling Collection Bin on a CITY-OWNED property, CONTRACTOR shall request and receive the written approval of the CITY for any Public Property location placement; Prior to the placement of any Textile Recycling Collection Bin on privately-owned property, the CONTRACTOR shall submit written authorization from the Private Property Owner permitting said placement that shall be submitted to the CITY prior to the approval of any private property location. 3.3 COLLECTION BIN INSTALLATION, MAINTENANCE AND REMOVAL All costs and expenses associated with the installation,removal,replacement,repair, 6 Page 647 of 667 maintenance, and general overall appearance including labor and materials, of collection bins, pursuant to this Agreement shall be borne solely by CONTRACTOR. Installation and placement of all collection bins shall comply with all Federal, State, and Local rules and regulations; this shall include compliance with the Americans with Disabilities Act and applicable Florida Department of Transportation (FDOT) regulations. CONTRACTOR shall install, maintain,and keep in good repair any and all such units that are placed in the CITY.Vandalized or otherwise damaged collection bin shall be replaced or repaired within seventy-two(72) hours. CITY agrees to issue a Master Permit for all collection bins and any other appurtenances that are part of the installations covered by this Agreement.All CITY inspections of said installations shall be scheduled by CONTRACTOR for each bin and be required to meet CITY Code and/or other applicable laws. At all times, CONTRACTOR shall maintain the units in a safe condition and shall make regular inspections at least two (2) times per week to ascertain that all units are safe and in good condition. CONTRACTOR shall maintain each unit in a good state of repair and appearance, and shall keep the surrounding area free of debris, and other rubbish. CONTRACTOR has seventy- two (72) hours to inspect, repair, and make safe any faulty unit that is reported or discovered during regular inspection. CONTRACTOR shall use goad faith efforts to remove debris in an area ten (10) feet from each side of the shelter. CITY shall have the right to request removal and/or the relocation of a unit if the continued maintenance at the location concerned, will obstruct traffic or create a hazard to the public safety,welfare or convenience. CONTRACTOR shall remove all CONTRACTOR owned property at the conclusion of the term of this Agreement, in the event that the Agreement is not extended. If CONTRACTOR fails to remove said property, within sixty (60) days of the date if the expiration of the Agreement the CITY shall have the right to accomplish said removal,with CONTRACTOR indemnifying the CITY and agreeing to reimburse CITY for all costs incurred for the removal. In an Emergency event such as a hurricane warning, tornado, major storm, natural disaster, or other such event, the City Manager or his/her designated representative(s)shall request that the CONTRACTOR remove all existing Textile Recycling Collection Bins to a pre- approved location in CITY or at an existing safe storage facility provided by the CONTRACTOR. 7 Page 648 of 667 SECTION 4:FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees !Payments shall be paid as follows: Except for year one which will be prorated,CONTRACTOR will pay annually to the CITY $2,000.00 per bin as Guaranteed Annual Revenue or $100,000.00 whicever is greater. Guaranteed Annual Revenue will be paid on a monthly basis in the amount of $8,333.33 per month during the Term of this Agreement, with the first payment being due on-_ (`Fee Commencement Date'),ninety days following the execution of this Agreement. Payment shall thereafter be made on the 10th day of each successive month. Commencing [DATE] and yearly thereafter, the guaranteed revenue stated above, will be adjusted in accordance with the Consumer Price Index- All Urban Consumers' (Series IDCUURA320SAO and CUUSA320SAO) for Miami-Fort Lauderdale as published by the US Department of Labor, Bureau of Labor Statistics, or successor agency. If the agreement is terminated the parties agree that any payments due, will be prorated to the actual termination date. 4.2 CONTRACTOR GOODWILL The CONTRACTOR agrees to work with the CITY to hold two (2) clothing and shoe drives not to exceed one (1) week per drive to benefit the CITY. Revenue received by the CITY will be earmarked for education, safety or as otherwise directed by the CITY Commission. The CONTRACTOR shall provide advertising, vehicles and personnel subject to the CITY's approval. The CITY shall provide the collection locations for these drives. CONTRACTOR will pay to the CITY $.10 per pound of Textile recyclables collected during any such drives. The CONTRACTOR agrees to provide vouchers totaling $5,000 annually in increments of $25.00 each at a location of the City's choosing for the City's community endowment recipients at the City's choosing. 4.3 AUDITING The CITY requests that the CONTRACTOR maintain monthly logs of the following substantive data: 1. Collection bins to be identified by site location; 2. Dates of collection from each collection bin; 8 Page 649 of 667 3. Cumulative weight of respective bins during and at end of month; 4. Collective total weight tallied by monthly collections of CONTRACTOR CITY may inspect and audit, or retain an independent third party to inspect and audit any and all books and records of the CONTRACTOR relevant to the computation of the Textile Recyclable program collection total weight statistics, and may re-compute any amounts determined to be payable under this Contract. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by CITY , all financial records,supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. All books and records of the CONTRACTOR relevant to the determination of textile recyclable franchise or associated fees due shall reside in the County. The cost of the audit will be borne by the CONTRACTOR, if as a result of the audit, the CITY determines that the CONTRACTOR has underpaid the textile recyclable payments owed in any amount. 4.4 METHOD OF BILLING AND PAYMENT Any and all payments to the CITY shall be made payable to the following address: CITY OF BOYNTON BEACH ATTN: Finance Director P.O. Box 310 Boynton Beach, FL 33425 4.5 FAVORED NATION in the event that the CONTRACTOR subsequently enters into an agreement for a term of more than 12 months (including renewal and option periods) for a textile recycling franchise with a governmental agency anywhere within Palm Beach County of comparable population size (within 10% of Boynton Beach's Current Population) or less and under contract terms (an "Eligible Agreement"), the CONTRACTOR shall provide the CITY with a copy of the Eligible Agreement within 60 calendar days of execution thereof. If the CITY determines that the Eligible Agreement includes revenues that exceed the revenues as set forth herein, the CITY may provide written notice to CONTRACTOR of CITY's determination, and, if the CITY does so,the CITY's revenue shall automatically be increase to match the revenues of the Eligible Agreement and shall commence to be paid within 60 calendar days after written notice from the CITY of any such increase due was mailed by the CITY to the CONTRACTOR. SECTION 5• INSURANCE AND INDEMINIFICATION POLICY 5.1 INSURANCE 9 Page 650 of 667 CONTRACTOR shall at all times during the agreement, maintain a comprehensive general liability policy as set forth: CONTRACTOR agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverages,limits, including endorsements described herein. The requirements contained herein, as well as CITY's review or acceptance of insurance maintained by CONTRACTOR is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CONTRACTOR under this contract. Commercial General Liability CONTRACTOR agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Coverage shall not contain any endorsements) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Worker's Compensation Insurance & Employers Liability CONTRACTOR agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. Additional Insured CONTRACTOR agrees to endorse CITY as an Additional Insured with a CG 2026 07 04 Additional - Insured -Designated Person or Organization endorsement or CG 20 1 0 19 0 1 Additional Insured- Owners, Lessees, or Contractors-Scheduled Person or Organization or CG 2010 07 04 Additional Insured - Owners, Lessees, or Contractors - Scheduled Person or organization in combination with CO 2037 07 04 Additional Insured - Owners. Lessees Contractors- Completed Operations, or similar endorsements, to the Commercial General Liability.The Additional Insured shall read"City of Boynton Beach." Waiver of Subrogation CONTRACTOR agrees by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit CONTRACTOR to enter into an pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. Certificate(s) of Insurance CONTRACTOR agrees to provide CITY a Certificate(s) of Insurance evidencing that all coverages, limits,and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal coverage.The Certificate Halder address shall read: City of Boynton Beach HR Risk Manager P.O. Box 310 10 Page 651 of 667 Boynton Beach, FL 33425 Umbrella or Excess Liability. CONTRACTOR may satisfy the minimum liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest"Each Occurrence"limit for either Commercial General Liability or Business Auto Liability. CONTRACTOR agrees to endorse CITY as an "Additional Insured"on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a"Follow-Form" basis. Right to Revise or Reject. CITY reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein.Additionally,CITY reserves the right,but not the obligation,to review and reject any insurer providing coverage due to its poor financial condition or failure to operating legally. Business Automobile Liability Insurance. CONTRACTOR agrees to provide minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy,without restrictive endorsement,as filed bythe Insurance Services Office and must include: • Owned vehicles • Hired and non-owned vehicles • Employers' non-ownership if no automobiles are owned by the CONTRACTOR,a statement to that extent will be provided to the CITY. Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide CITY with thirty (30) days' notice of cancellation and/or restriction. 5.2 PROPERTY DAMAGE The CONTRACTOR shall be responsible for the repair or replacement,if repair is not adequate of any damages to public or private property during the provision of Textile Recycling collection service caused by the CONTRACTOR or the CONTRACTOR's representative. The CONTRACTOR shall notify the City Manager or his/her designee of any reports by CITY citizens or CONTRACTOR employees of property damage within twenty-four (24) hours of occurrence or report. 5.3 INDEMNIFICATION To the extent of its negligence or other fault, the CONTRACTOR shall indemnify, 11 Page 652 of 667 defend and hold harmless the CITY and its elected officials, appointed officials, employees and other agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the CONTRACTOR or its employees,agents or sub-contractors(collectively referred to as "CONTRACTOR"), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence(whether active or passive)of the Indemnities,or any of them or (ii) the failure of the CONTRACTOR to comply with any of the paragraphs herein or the failure of the CONTRACTOR to conform to statutes, ordinances,or other regulations or requirements of any governmental authority, federal, state, or local, in connection with the performance of this Contract. The CONTRACTOR expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of the CONTRACTOR, as provided above,for which the CONTRACTOR's liability to such employee would otl;erwise be limited to payments under State Worker's Compensation or similar laws. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY or any party entitled thereto nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this agreement or any other contract.The City of Boynton Beach is a State political subdivision as defined in Chapter 765.28 F.S. and is entitled to the immunity afforded therein.(See Exhibit C) SECTION 6:TERMINATION This Agreement may be terminated with or without cause by the City Commission upon ninety(90) days' prior written notice to the CONTRACTOR, provided however, that for the first sixty(60) days of this Agreement,the CITY may only terminate this Agreement for cause. Thereafter, the CITY may terminate with or without cause. Upon termination,CONTRACTOR shall be obligated to removal of any and all textile collection bins within the CITY. The Agreement may be terminated for cause by the aggrieved party if the party in material breach has not corrected the breach within thirty(30)calendar days after written notice from the aggrieved party identifying the breach and the parties agree that a breach has occurred.All Articles in this contract are material and a breach of any Article shall be grounds for termination for cause. Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager,which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES"section of this agreement. 12 Page 653 of 667 SECTION 7: PUBLIC ENTITY CRIME ACT CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a CONTRACTOR, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. violation of this section shall result in termination of this Agreement and recovery of all monies paid by CITY pursuant to this Agreement, and may result in debarment from CITY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination., based on an audit,that it committed an act defined by Section 287.133; Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime' regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. SECTION 8: INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its subcontractors or agents shall act as officers, employees, or agents of CITY. No partnership, joint venture, or other joint relationship is created hereby. CITY does not extend to CONTRACTOR or CONTRACTOR's subcontractors or agents any authority of any kind to bind CITY in any respect whatsoever. SECTION 9•THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. SECTION 10.ASSIGNMENT AND PERFORMANCE 13 Page 654 of 667 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. CITY may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by CONTRACTOR of this Agreement or any right or interest herein without CITY's written consent, irrespective of any termination procedures identified herein. CONTRACTOR represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner.The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. SECTION 11: CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. In the event CONTRACTOR is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as CONTRACTOR. SECTION 12• MATERIALITY AND WAIVER OF BREACH CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is,therefore, a material term hereof. CITY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. SECTION 13• COMPLIANCE WITH LAWS CONTRACTOR shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and 14 Page 655 of 667 obligations pursuant to this Agreement. SECTION 14:SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. SECTION 15• IOINT PREPARATION Each party and its respective legal counsel(s) have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort.The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. SECTION 16: IURISDICTION VENUE WAIVER OF IURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the CITY pursuant to Section 768.28 Florida Statutes. SECTION 17 REQUISITE FORMALITY OF FUTURE MODIFICATIONS_FTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the CITY and CONTRACTOR or others delegated authority to or otherwise authorized to execute same on their behalf. 15 Page 656 of 667 SECTION 18•PRIOR AGREEMENTS SUPERSEDED This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment,agreement,or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. SECTION 19;INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits and whereas clauses are hereby incorporated into and made a part of this Agreement. SECTION 20•REPRESENTATION OF AUTHORITY Each individual executing this Agreement 'on behalf of a party hereto hereby represents and warrants that he or she is,on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. SECTION 21: NOTICE Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission to the receiving party, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this Section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: As to CITY: Lori LaVerriere, City Manager City of Boynton Beach PO Box 310. Boynton Beach, Florida 33425 Copy to: 16 Page 657 of 667 Jim Cherof CITY Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 As to CONTRACTOR: Marc Douglas Manager FLSC,LLC 3911 SW 47 Ave. Suite 903 Davie, FL 33314 Andre S. Parke Sachs Sax Caplan 6111 Broken Sound Parkway NW Boca Raton, FL 33487 IN WITNESS WHEREOF,the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed hereon,the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA Attest: j' � f Judi A P le, CMC', City Clerk Lori LaVerriere, City Manager J y 60 day of OL- 2018 Approved a to f r and legality by Office of CI ttorney By: --- -------- ------ ---------- Ja es A. Ch rof Attorney 17 el Page 658 of 667 ( CON ACTOR WITNESSES: FLSC, LLC Signature Print Name Lang -title rint Name and Title day o> -j --- ----- 2018 /&day of---���----- 2018 --= ---- ------------------- S' ature —1-----�------------=---------------- Print Name and Title day of--J`_,-- ------, 2018 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to ad mi ter oaths and take ackftledgments, personally appeared AiVK _ as - ---- of __ � _ and organization authoWized to do busi_ ness in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of ------------------ for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me, or has produced ----------------- as identification. IN WITNESS OF THE FOREGOING, I avZ;p icial seal in the State his _ _ da018. NotaryPuWic-State ofFlw' n=GGt3tt45 Mycomm.Fxoues2021 —NOTAR My Com�missio�n Expires ss Page 659 of 667 i I 1 RESOLUTION NO. R18-058 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLSC, 6 LLC., DBA FLORIDA TEXTILE RECYCLING 7 PROGRAMS, OF DAVIE, FLORIDA FOR A TEXTILE 8 RECYCLING FRANCHISE CITY-WIDE, RFP NO. 009- 9 1210-181IT FOR AN INITIAL THREE (3)YEAR TERM; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS,on March 12,2018 the City opened and tabulated two(2)proposals in 14 response to RFP No.009-1210-18/IT'for Textile Recycling Franchise;and 15 WHEREAS,the proposals were presented to the City Commission on April 3,2018; 16 and 17 WHEREAS, the City Commission approved Option A — Exclusive City-wide 18 Franchise for a textile recycling program;and 19 WHEREAS,the Agreement is a revenue generating Agreement whereby FLSC, 20 LLC.,will pay to the City a fixed monthly fee of$2,000.00 per bin or$100,000.00 annually, 21 whichever is greater,for the exclusive right to implement a Textile Recycling Program City- 22 wide(Option A of the RFP)for a period of three years from the date of execution with an 23 option for an additional three(3)year renewal if deemed in the City's best interest. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 26 27 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to :\Users\Stanzionet\AppdataUL al\Microsot..Windows?Temporary Internet Files\Content.[E5\52FYTEOE1Agreement_With FLSC For_Textile_Recyciing_-_Reso.Doe Page 660 of 667 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign an Agreement with FLSC.LLC.,dlb/a Florida Textile Recycling Programs of Davie, 33 Florida for a Textile Recycling Franchise in response to RFP No. 009-1210-18/IT for an 34 initial three (3)year term whereby FLSC shall pay to the City a fixed monthly fee of 35 $2,000.00 per bin or$100,000.00 annually,whichever is greater,for the exclusive right to 36 implement a Textile Recycling Program City-wide(Option A of the RFP)with an option for 37 an additional three (3)year renewal if deemed in the City's best interest, a copy of the 38 Agreement is attached hereto as Exhibit"A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 17`h day of July,2018. 41 CITY OF BOYNTON BEACH,FLORIDA 42 43 YES NO 44 45 Mayor—Steven B.Grant 46 47 Vice Mayor—Christina L.Romelus v 48 49 Commissioner—Mack McCray 50 51 Commissioner--Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE 57 ATTEST: 58 59 60 - 61 Judith; Pyle,CMC 62 City,Clerk 63 64 65 (Corporate Seal) :BUsenStanzionet\Appdata\Loml\Microsoft\Windows\Temporary Internet iles\Cwwiit.IL5\TQFSZ5NCvlgreement_W ith_FLSC_For_Textile_Recyeiin�_Reso.Doc Page 661 of 667 13.A. FUTURE AGENDA ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: ILA between the City and CRA for the BB Blvd. Extension Project Construction - $500,000- June 2, 2020 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 662 of 667 13.B. FUTURE AGENDA ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: I LA between the City and CRA for funding of the BB Blvd. Streetscape improvements- $205,000- June 2, 2020 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 663 of 667 13.C. FUTURE AGENDA ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Funding agreement with FDOT for Complete Streets design of BB Blvd. improvement project- June 2, 2020 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 664 of 667 13.D. FUTURE AGENDA ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Provide update on potential sale of the Nichol's property to Pulte Homes- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 665 of 667 13.E. FUTURE AGENDA ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 666 of 667 13.F. FUTURE AGENDA ITEMS 5/19/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 5/19/2020 Requested Action by Commission: Request by Mayor Grant to discuss Wellington's home based business regulations. - June 16, 2020 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 667 of 667