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Agenda 06-01-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JUNE 1, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 519 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Marlene Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the upcoming Movies on the Ave. event. B. Presentation by Criminal Justice Commission members, Barbara Cheives, CJC Chair; Max Davis, Youth Violence Prevention Steering Committee Chair; Mike Rodriguez, Executive Director; and Becky Walker, Program Manager regarding the Youth Violence Prevention Project (YVPP). A brief PowerPoint presentation will be included. C. Proclaim the week of June 7-11, 2010 as Code Enforcement Appreciation Week. Receiving the proclamation on behalf of the Code Compliance Division is Diane Springer, Code Compliance Coordinator who will be introducing the Code Compliance staff. D. Announce the Happy 90th Birthday to the Charter of the City of Boynton Beach Celebration at the Boynton Beach City Library to be held on Thursday, June 10th at 2:00 pm. E. Presentation on PACE program authorized by HB 7179. 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. TABLED 5/18/10 B. -Appoint members to the Financial Advisory Committee. 3 of 519 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on May 18, 2010. B. Accept monthly report on the major projects being completed by the Recreation and Parks Department. PROPOSED RESOLUTION NO. R10-063 C. - Approve an Agreement for Water Service outside the city limits with Doc’s Realty –Yves Semeah for the property at 7795 Terrace Road & 7805 Terrace Road, Lantana, FL. PROPOSED RESOLUTION NO. R10-064 D. - Approve the service agreement between the City of Boynton Beach and Sister's and Sista's Life Enrichment program, authorizing the City to enter into an agreement to sub-grant funding in the amount of $13,500 to Sandra Watson (Sister's and Sista's Life Enrichment) as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) PROPOSED RESOLUTION NO. R10-065 E. - Approve the service agreement between the City of Boynton Beach and Tevis Gardenhire (Art is Motivation) authorizing the City to enter into an agreement to sub-grant funding in the amount of $10,600 to the Art as Motivation program as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP). PROPOSED RESOLUTION NO. R10-066 F. - Approve the service agreement between the City of Boynton Beach and Greg Russ (Russo Consulting Group, Inc.) authorizing the City to enter into an agreement to sub-grant funding in the amount of $10,600 to Mr. Russ's Computer Concepts program as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . PROPOSED RESOLUTION NO. R10-067 G. - Approve the service agreement between the City of Boynton Beach and Gary Davis (Art of Film-Making Audio/Visual Life Skills) authorizing the City to enter into an agreement to sub-grant funding in the amount of $28,000 to the Art of Film-Making Audio/Visual Life Skills as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) PROPOSED RESOLUTION NO. R10-068 H. - Approve the service agreement between the City of Boynton Beach and Richard Brochu authorizing the City to enter into an agreement to sub-grant funding in the amount of $13,300 to Richard Brochu (Hooked on Fishing, Not on Drugs) as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) PROPOSED RESOLUTION NO. R10-069 I. - Approve the service agreement between the City of Boynton Beach and R. M. Lee Community Development Center authorizing 4 of 519 the City to enter into an agreement to sub-grant funding in the amount of $30,000 to the Center as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) PROPOSED RESOLUTION NO. R10-070 J. - Approve the service agreement between the City of Boynton Beach and Kayla Lundy authorizing the City to enter into an agreement to sub-grant funding in the amount of $5,000 to the Ms. Lundy's Success Teen program as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) PROPOSED RESOLUTION NO. R10-071 K. - Approve an award of the RFP # 044- 2821-10/CJD for the Harvesting of Private & Public Canal Systems at Specific Locations to SANTEE MODULAR HOMES, INC. of Santee, SC being the lowest most responsive bidder having met all the specifications in the sum of $44,000.00 and to authorize the contractor and Utilities personnel to gain access to private canals based upon the receipt of access licenses from the majority of residents. L. Approve the fourth (4th) reduction of a performance bond in the amount of $1,105,633.12 for improvements to Old Boynton Road by Boynton Town Center and Boynton Village from $1,325,633.12, leaving an amount of $220,000. 7. BIDS AND PURCHASES OVER $100,000 A. Award Bid #033-2821-10/JA, for the "TWO-YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION" to Line-Tec of Delray Beach, with an anticipated expenditure of approximately $700,000.00 over the next two years. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.H.16.a.(8) allowing for a reduction in the number of required parking spaces from 53 to 46, resulting in a variance of 7 spaces for Timeless Life Care (ZNCV 10-005) located at 623 South Federal Highway. Applicant: THE ITEM WAS TABLED TO JUNE 1ST SO Eastside Lofts Development, LLC. THAT FINAL ACTION COINCIDES WITH 2ND READING OF CORRESPONDING REZONING ITEM. B. Approve Timeless Life Care Conditional Use (COUS 10-001) and New Site Plan (NWSP 10-004), for an assisted living facility providing 144 beds within 87 units and ancillary retail, located at 623 South Federal Highway (west side of Federal Highway between SE 5th Avenue and SE 6th Avenue). Applicant: Eastside Lofts 5 of 519 THIS ITEM WAS TABLED TO JUNE 1ST FOR FINAL ACTION Development, LLC. TO COINCIDE WITH 2ND READING OF CORRESPONDING REZONING ITEM. 10. CITY MANAGER’S REPORT A. Review update on Pain Management Clinic Regulations being explored following issuance of the Notice of Intent and commencement of a temporary moratorium, and accept staff recommendation to draft regulations for consideration based on findings to date. PROPOSED RESOLUTION NO. R10-072 B. - Approve the implementation of the Land Swap Agreement for property in the Martin Luther King, Jr. Blvd. corridor between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA). C. City staff requests City Commission review and comment on the draft FY 2010 / 2011 General Government and Utility Capital Improvement Plans. 11. FUTURE AGENDA ITEMS A . Report and Recommendation for Interlocal Agreement with Palm Beach County Fire- Rescue – Sales Tax Program (June 15, 2010) – Note: The Palm Beach County Board of Commissioners has moved this item to the November 2010 ballot. Their current deadline is mid-July for a November ballot. B. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (June 15, 2010) - Note: Staff has had preliminary discussions with FPL on this project. Currently, there are no statutory provisions that would guide FPL’s involvement in the project. Research continues. C . Staff report on public comment policy/procedures for City Commission meetings – (June 15, 2010) D . Second draft review of Climate Action Plan (June 15, 2010) E . Report and presentation from Waters-Pelton, Inc. - Update on formation of 501c3 foundation (June 15, 2010) F . Art in Public Places (AIPP) Annual Presentation – Overview of Program Year 09/10 with preview of 2010/11 – (June 15, 2010) G. Technical Review Committee Recommendations on 2010-2011 Community Development Block Grant (CDBG) Sub-Recipient Applications (June 15, 2010) H. Staff update on City Commission request for formal policy statement by Town of Gulfstream Town Commission on future annexation plans of coastal enclaves (July 6, 2010) I. Final approval of Climate Action Plan (July 20, 2010) 6 of 519 J. Budget Workshops – July 19-21; Library Program Room; 1 pm – 5 pm daily; including adoption of Tentative Millage Rate for FY 2010/11 and Preliminary Fire Assessment Resolution for FY 2010/11 K. Appoint members to 7 member independent Community Redevelopment Agency Board (August 3, 2010) L . Police Complex – Discussion of project timing, scope, location and funding alternatives available. (TBA) 12. NEW BUSINESS A. Consider request for the City Commission to conduct a preliminary review of a proposed amendment to the Land Development Regulations intended to implement the Heart of Boynton Redevelopment Plan and further redevelopment efforts through the expansion of areas eligible for rezoning to the Infill Planned Unit Development (IPUD) zoning district. 13. LEGAL PROPOSED ORDINANCE NO. 10-011 - SECOND READING A. - Approve rezoning of the property from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU- L2), (Timeless Life Care, REZN 10-001) located at 623 South Federal Highway (west side of Federal Highway between SE 5th Avenue and SE 6th Avenue. PROPOSED ORDINANCE NO. 10-012 - SECOND READING B. - Amend the Land Development Regulations (LDR) to allow Indoor Athletic Instruction/Training, (CDRV 10-003), including Gymnastics, Dance/Jazzercise/Pilates Instruction, Cheerleading Instruction, Karate Instruction, Indoor Batting/Golf Facilities, as a Conditional Use in the (M-1) Industrial District and as a permitted use in the Planned Industrial Development (PID) zoning districts. Applicant: City-initiated. 14. UNFINISHED BUSINESS TABLED on 5/4/10 A. - Consideration of meeting time change for Regular City Commission meetings. 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 519 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the upcoming Movies on the Ave. event. EQUESTED CTION BY ITY OMMISSION ER: Friday, June 4, 2010 On , the Boynton Beach CRA, the City of Boynton XPLANATION OF EQUEST Beach and The Palm Beach Post will present a “Movies on the Ave” film screening, featuring the Oscar THE BLIND SIDE . and Golden Globe award winning filmrated PG-13 This FREE event will take place from 8:00 to 10:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s PM PM Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: Not to allow announcement LTERNATIVES 8 of 519 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation by Criminal Justice Commission members, EQUESTED CTION BY ITY OMMISSION Barbara Cheives, CJC Chair; Max Davis, Youth Violence Prevention Steering Committee Chair; Mike Rodriguez, Executive Director; and Becky Walker, Program Manager regarding the Youth Violence Prevention Project (YVPP). A brief PowerPoint presentation will be included. ER: The Criminal Justice Commission wants to discuss the history of XPLANATION OF EQUEST the YVPP, the needs of the program, and the current status in relation to funding. There is no funding for the YVPP for fiscal year 2010/11 in the Board of County Commissioners or Criminal Justice Commission budgets. The Criminal Justice Commission will be seeking a commitment from the City Commission to continue all aspects of the Project. H? Cannot be determined at this time, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES pending grant applications. The current budget approved by FDLE is for $279,000 which includes: Personnel $120,250 Contractual Services 136,000 Program Supplies 7,500 Office Supplies 2,250 Food/Snacks 3,000 Printing 2,000 Training 5,000 Equipment Rental 3,400 Since the program was transferred to the Recreation and Parks Department, numerous changes have been made including: 9 of 519 The number of providers has increased from 6 to 11 providers and the program now has 140 registered participants. There are no off site programs. Providers who worked offsite are now held accountable for working on-site to validate the number of hours worked per month. Participants must register for a program before he/she is allowed to participate. Participants are not allowed to sign in using nicknames. Providers now work with the assistance of Recreation staff. Reports are scanned into the eCivis grant system monthly. The marketing of the program has increased with flyers and posters, media releases, BBTV, a program brochure, marquee advertisement, twitter, Face Book, City website information and e-mails. Providers are evaluated every 90 days to ensure quality of services. They were also trained how to complete paperwork correctly. Providers are held responsible for program recruitment and hosting a monthly teen meeting. The number of program volunteers has increase from 1 to 3 committed volunteers. FI: Cannot be determined at this time, pending grant applications.There is no ISCAL MPACT funding for YVPP for FY 2011 in the Palm Beach County or Criminal Justice Commission budgets. Brenda Oakes is researching possible grants that will allow the program to continue to function with all associated costs. She has identified a Palm Beach County grant through the Department of Community Services. The Recreation and Parks Department staff submitted the grant application on May 14, 2010 for the amount of $279,900 which, if received, will continue the existing services. A: Do not allow the presentation. LTERNATIVES 10 of 519 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the week of June 7-11, 2010 as Code EQUESTED CTION BY ITY OMMISSION Enforcement Appreciation Week. Receiving the proclamation on behalf of the Code Compliance Division is Diane Springer, Code Compliance Coordinator who will be introducing the Code Compliance staff. ER: The purpose of this Proclamation is to recognize your Code XPLANATION OF EQUEST Compliance Division for the work they perform in making sure our community is the best it can be not only from an aesthetic perspective, but from a health and safety perspective as well. Their work includes, but isn’t limited to the demolition of unsafe structures, identifying properties in foreclosure with expedited compliance, enforcement of appearance standards, enforcement of the Land Development Regulations, licensing/inspection of rental properties, permit and license enforcement, community education, etc. H? Raise awareness of the importance of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Code Compliance and recognition for staff. FI: N/A ISCAL MPACT A: Not to give the proclamation. LTERNATIVES 11 of 519 PROCLAMATION WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and. WHEREAS , the Florida Association of Code Enforcement (F.A.C.E.) has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of June 7-11, 2010 as CODE ENFORCEMENT OFFICERS’ APPRECIATION WEEK in Boynton Beach in accordance with the state-wide observance of the same and encourage citizens of Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton st Beach, Florida, to be affixed at Boynton Beach, Florida, this 1 day of June 2010. CITY OF BOYNTON BEACH _________________________________________ Jose Rodriguez, Mayor ATTEST ____________________________ Janet M. Prainito, MMC City Clerk Corporate Seal 12 of 519 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS th RACC: Announce the Happy 90 Birthday to the Charter of the EQUESTED CTION BY ITY OMMISSION th City of Boynton Beach Celebration at the Boynton Beach City Library to be held on Thursday, June 10 at 2:00 pm. ER: The Boynton Beach City Library will host a happy birthday party to XPLANATION OF EQUEST thth celebrate the 90 birthday of the Charter of the City of Boynton Beach on Thursday, June 10 at 2:00 pm in the Library’s Program Room. Mayor Jose Rodriguez will announce the We the People Bookshelf Award: A More Perfect Union. Each year the National Endowment for the Humanities (NEH) identifies a theme important to the nation's heritage and selects books that embody that theme. This collection of theme-related books is the Bookshelf. In addition to introducing young readers to good literature, the Bookshelf promotes understanding of abstract or general ideas through the power of particular stories. The Library is a recipient of this grant through the American Library Association (ALA) and the NEH. Mayor Rodriguez will read from one of the books received as part of the award. There will also be a magic show and a birthday cake to celebrate the occasion. This free program is for all ages and is open to the public. H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: Do not announce the program. LTERNATIVES 13 of 519 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation on PACE program authorized by HB 7179 EQUESTED CTION BY ITY OMMISSION . ER: At the request of Commissioner Holzman, Mr. Paul D’Arelli will be XPLANATION OF EQUEST making a short presentation on the PACE program that has been authorized by state statute in the 2010 legislative session. Here is a brief synopsis of the PACE as outlined in HB 7179. As of today, there is still no word on whether it has been signed by Governor Crist or not. The Property Assessed Clean Energy (PACE) Program is a model that has recently become popular as an innovative way for local governments to encourage property owners to reduce energy consumption and increase energy efficiency. The PACE model allows individual residential, commercial, or industrial property owners to contract directly with qualified contractors for energy efficiency and renewable energy projects, and the local government provides the upfront funding for the project through proceeds of a revenue bond issuance, which is repaid through an assessment on participating property owners’ tax bills. There are no provisions in the Florida Statutes expressly providing for a program whereby local governments issue bonds to finance energy projects for property owners and repay the bonds through special assessments on participating property owners’ property tax bills. This presentation is for information only. There will be other parties interested in providing services to municipalities. On June 15, 2010, the City Commission will hear an update on the City’s Climate Action Plan. As part of that report, an update on the status of the PACE program will also be provided by members of the City’s Sustainability Team. 14 of 519 H? Information Only OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. Information only ISCAL MPACT A: Do not allow the presentation. LTERNATIVES 15 of 519 Executive Summary of HB 7179 As local governments across the country increasingly look for ways to achieve their energy conservation and greenhouse gas reduction goals or mandates while stimulating their local economies, it is becoming increasingly apparent to many that an energy efficiency retrofit program for privately owned buildings in their communities and more extensive uptake of renewable energy improvements need to be integral components of their comprehensive energy conservation and economic stimulus plans. However, it is also increasingly apparent that in order to reap the benefits of a successful local government energy efficiency retrofit program or renewable energy program, adequate sources of funding are required to achieve any meaningful results in terms of extensive deployment and long-term sustainability of the program. While federal stimulus dollars, other grant sources and limited general funds may be available to jumpstart or pilot test local retrofit and renewable energy programs or provide some limited retrofit program funding, other financing sources must be explored to develop sustainable energy efficiency retrofit and renewable energy programs. In other words, the long-term success of a sustainable retrofit or renewable energy program will depend in part on continuing access to capital to finance the program. One such financing mechanism for energy efficiency retrofits and renewable energy systems that was pioneered in California may soon be explicitly available in Florida based on the Legislature’s recent enactment of House Bill 7179 (currently on the Governor’s desk awaiting signature). HB 7179 provides for a tool that a local government may find appropriate to support its retrofit and renewable energy initiatives in the form of the property assessed energy efficiency/renewable energy financing, commonly referred to as Property Assessed Clean Energy (PACE) financing. In a nutshell, PACE programs generally involve a local government raising capital from public or private financing sources and loaning funds to willing property owners within the program area or “district” to finance the installation of distributed generation renewable energy sources (e.g., solar photovoltaic systems) and energy efficiency improvements (e.g., insulation, high performance HVAC and windows, etc.) that are permanently affixed to their real property. The loan is then typically repaid by the property owner over a long term (e.g., 10-20 years) as an item on the property owner's ad valorem tax bill. It is important to clarify that only willing property owners who voluntarily enter into assessment agreements with the local government will be subject to the payment of assessments. Property assessed financing offers several benefits to both local governments and property owners, which has resulted in over 15 states following California’s lead with implementing legislation (including, among others, Colorado, Illinois, Louisiana, Maryland, Nevada, New Mexico, Ohio, Oklahoma, Oregon, Texas, Vermont, Virginia, and Wisconsin). These benefits can include: Property Owner Benefits 16 of 519  A means to pay for energy efficiency improvements or renewable system with no upfront cost  A loan for energy efficiency improvements or renewable system with no credit qualification  A loan for energy efficiency improvements or renewable system not necessarily dependent on amount of equity in the property  A long term payback  A loan that runs with the property and does not need to be repaid by the property owner on sale of the property  A hedge against rising energy prices Local Government Benefits  A means to effectively implement energy conservation/GHG reduction policies  A stimulus for local economies (jobs and product sales)  A process for overcoming the 5-7 year ownership turnover barrier to making longer-term improvements  A means of supporting a retrofit or renewable energy program without commitment of general fund dollars 17 of 519 18 of 519 19 of 519 20 of 519 21 of 519 22 of 519 23 of 519 24 of 519 25 of 519 26 of 519 27 of 519 28 of 519 29 of 519 30 of 519 31 of 519 32 of 519 33 of 519 34 of 519 35 of 519 36 of 519 37 of 519 38 of 519 39 of 519 40 of 519 41 of 519 42 of 519 43 of 519 44 of 519 45 of 519 46 of 519 47 of 519 48 of 519 49 of 519 50 of 519 51 of 519 52 of 519 53 of 519 54 of 519 55 of 519 56 of 519 57 of 519 58 of 519 59 of 519 60 of 519 61 of 519 5. A ADMINISTRATIVE June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 62 of 519 63 of 519 64 of 519 5. B ADMINISTRATIVE June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: TABLED 5/18/10-Appoint members to the Financial EQUESTED CTION BY ITY OMMISSION Advisory Committee. ER: This item was tabled to allow additional time for applications to be XPLANATION OF EQUEST submitted. One additional application has been received. Attached you will find an analysis of the eligibility of the applicants submitted. In summary, of the ten applications submitted, it appears only five are eligible. At the April 20, 2010 City Commission Meeting the City Commission adopted Ordinance 10- 009 (copy attached) forming a Financial Advisory Committee. The purpose of the Committee is to serve in an advisory capacity to the City Commission and the Commission’s oversight of expenditures which require budgetary appropriation. It is anticipated that the initial task of the Committee would be to oversee the development of the fiscal year 2010-2011 City budget and make recommendations regarding anticipated revenues and anticipated expenditures. Attached please find applications received to date for consideration and appointment. H? The establishment of a Financial Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Committee may result in additional cost saving measures not identified by administration or Commission oversight. FI: Administrative staff support for support services to the Committee. ISCAL MPACT A: LTERNATIVES 1) Do not appoint members to the Committee; 2) Extend application period. 65 of 519 TH CMU:26 ITY ANAGER PDATE CONTACTED THE CHAMBER OF COMMERCE ON MAY TO INQUIRE IF THEY . HAD OTHER CANDIDATES FOR THE FINANCIAL ADVISORY COMMITTEE THIS MATTER WILL BE DISCUSSED TH 27. AT THEIR BOARD MEETING OF MAY 66 of 519 ORDINANCE NO. 10-009 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART II, CHAPTER TWO ENTITLED "ADMINISTRATION," OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES TO CREATE A NEW ARTICLE XVIII; PROVIDING FOR THE CREATION OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR THE PURPOSE AND SCOPE OF DUTIES OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR FORMATION, APPOINTMENT AND ORGANIZATION OF THE COMMITTEE; PROVIDING FOR APPOINTMENT OF THE CHAIR AND VICE CHAIR OF THE COMMITTEE; PROVIDING FOR CLARIFICATION OF POWERS DELEGATED AND RESERVATION OF POWERS BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida desires to establish a Finance Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget, revenue sources and operational expenditures and make recommendations that may favorably impact the City budget and overall financial condition; and WHEREAS , the City Commission of the City of Boynton Beach, acting in the interest of the citizens and taxpayers of the City amends the Code of Ordinances, Part II, Chapter 2, to provide for a creation of a Financial Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Part II, Chapter 2, of the Boynton Beach Code of Ordinances is hereby amended by creating Article XVIII, entitled "Financial Advisory Committee" to read as follows: ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE Sec. 2-240 Creation of Committee The City Commission hereby creates and establishes the Financial Advisory Committee. 67 of 519 Sec. 2-241 Purpose and Duties That Financial Advisory Committee shall have the general responsibility of reviewing the impact of existing or proposed legislative and administrative decisions on the City budget, revenue sources, and operational expenditures and make recommendations that may favorably impact the City budget and overall financial condition of the City. By way of example, but not limitation, the Financial Advisory Committee will be responsible for reviewing and making recommendation on: 1.The City’s proposed annual operating and capital budget. 2.Budget development systems and procedures. 3.Analyzing and recommending sources of revenues. 4.Employee salaries and benefits. 5.Pension and retirement benefits for City employees. 6.Operating expenses and controls. 7.Reducing or controlling debt service expenses. 8.Intra-fund transfers and loans. The foregoing examples are not intended to limit the scope of financial review that the City Commission may assign to the Committee from time to time. Specific tasks shall be delineated by the City Commission by majority vote. Sec. 2-242 Organization The Financial Advisory Committee shall consist of a total of seven (7) regular members and two (2) alternate members each appointed by majority vote of the City Commission. Sec. 2-243 Committee Appointment and Membership (a) All members shall be residents of or own property in the City own a business within the City or be an officer director or manager of a business located within the City. No member of the Committee shall serve on any other City Board or Committee. (b) At least five 5 of the regular members on the task force shall have one 1 of the following qualifications 68 of 519 1. Certified Public Accountant 2. Accounting Professional 3. Finance Professional 4. Certified Financial Planner 5. Investment Advisor 6. Insurance Professional (property/casualty or health 7. Business Owner/Manager 8. MBA or MPA degree (with high levels of accountability/responsibilities with budget and organizational oversight) The remaining four (4) members may be at large. (c) Staggered Terms for Committee Membership. The initial regular members appointed will serve as follows: three (3) members shall be for a term of three (3) years, two (2) members shall be for a term of two (2) years, and two (2) members shall be for a term of one (1) year. Their successors shall be appointed for a term of three (3) years. (d) Reappointment, Removal, Vacancy. All members may be reappointed, without limitation as to the number of terms served. Members may, at the discretion of the City Commission, be removed with or without cause. A member shall be removed without action of the City Commission for missing more than four (4) meetings per year. Members that have been removed for cause may not be reappointed for a period of thirty-six (36) months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy. (e) Privileges, Duties and Responsibilities. (i) Privileges. Members will have voting privileges as set forth herein. Members shall create and implement rules, policies and procedures necessary to carry out the Financial Advisory Committee's purpose, in conformance with the provisions of the City’s Code of Ordinances and State Law. (ii) The City Commission shall vote to appoint a Chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote to appoint a Vice-Chair who shall serve in the absence of the Chair. 69 of 519 (f) Alternate Members. Pursuant the City of Boynton Beach Code of Ordinances, the City Commission shall appoint two alternate members. Alternate members will serve to fill a temporary vacancy or permanent removal in the Financial Advisory Committee. Alternate members shall be appointed in the same manner as regular members, and shall meet the qualifications set forth for regular members. When serving in their capacity as a alternate member, alternate members shall have the same privileges, duties and responsibilities as a regular member, with the exception that no alternate member may serve in a capacity as Chair or Vice- Chair, nor may any alternate member be moved to a regular member unless appointed by the City Commission pursuant to the procedure set forth herein. The alternate member's term of membership shall run only through the term of the vacancy they have filled. Sec. 2-244 Meetings The Financial Advisory Committee shall arrange for an appropriate time and place meetings. Sec. 2-245 Procedure for enactment and voting . All actions subject to a vote shall be enacted as set forth below. (a) Quorum. The Financial Advisory Committee may not take any action unless a quorum is present. A quorum shall consist of the physical presence of no less than four (4) voting members of the Financial Advisory Committee. (b) Voting. An affirmative vote of a majority of the voting members present shall be required in order for the Financial Advisory Committee to take any official action. No voting by proxy is allowed. On final passage, the vote of each member of the Financial Advisory Committee shall be entered on the official record kept for the meeting. Sec. 2-246 Powers Nothing in this article shall be construed as restricting, curtailing any of the powers of the City Commission, or the Charter powers of the City Manager, or as a delegation to the Financial Advisory Committee of any of the authority or express or discretionary powers vested and imposed by law in the City Commission. The City Commission declares that the public interest, 70 of 519 convenience and welfare required by the appointment of the Financial Advisory Committee to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any power delegated here to the Financial Advisory Committee to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of administrative authority. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 71 of 519 FIRST READING this ___ day of ______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 72 of 519 CITY CLERK'S DEPARMENT FINA NCIA L A DVISORY COMMITTEE A PPLICA NTS May 26, 2010 CITYCITY CON- NAME RES. BUS.FLICTCOMMENTSEligibility Blitz, Marvin NathanNo No No No application provided NO Chodkowski, RaymondNo No No Licensed Realtor& Independent Adjuster NO Feldman, George AllenYes Yes No Business OwnerManagerYES Jergensen, Glenn No Yes No Chamberof Commerce Executive Director YES Leavitt, JohnNo No No Business consultantNO Madigan, David R.Yes No No Retired - Banking & Regulatory Executive YES Scantlan, Donald Lee Yes No Yes Contract with City & on Vets Advisory Comm.YES Shulman, William Yes No No YES Smollon, Michael G.No No No*Retired COBB FD/EMS Battalion ChiefNO Vest, Steven E.No No Yes**Company provides cost reduction services NO * Inherent conflict with retired employee reviewing financial matters including pension benefits. ** Applicant states his company offers cost reduction services that the City and/orhis company may want to consider RM/Financial Advisory Comm Apps.doc 73 of 519 74 of 519 75 of 519 76 of 519 77 of 519 78 of 519 79 of 519 80 of 519 81 of 519 82 of 519 83 of 519 84 of 519 85 of 519 86 of 519 87 of 519 88 of 519 89 of 519 90 of 519 91 of 519 92 of 519 93 of 519 94 of 519 95 of 519 96 of 519 97 of 519 98 of 519 99 of 519 100 of 519 101 of 519 102 of 519 103 of 519 104 of 519 105 of 519 106 of 519 107 of 519 108 of 519 109 of 519 110 of 519 111 of 519 112 of 519 113 of 519 114 of 519 115 of 519 116 of 519 117 of 519 118 of 519 119 of 519 120 of 519 121 of 519 122 of 519 123 of 519 124 of 519 125 of 519 126 of 519 127 of 519 6. A CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on May 18, 2010. ER: The City Commission met on May 18, 2010 and minutes were XPLANATION OF EQUEST prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 128 of 519 129 of 519 130 of 519 131 of 519 132 of 519 133 of 519 134 of 519 135 of 519 136 of 519 137 of 519 138 of 519 139 of 519 140 of 519 141 of 519 142 of 519 143 of 519 144 of 519 145 of 519 146 of 519 147 of 519 148 of 519 149 of 519 150 of 519 151 of 519 152 of 519 6. B CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept monthly report on the major projects being EQUESTED CTION BY ITY OMMISSION completed by the Recreation and Parks Department. ER: XPLANATION OF EQUEST (NOTE: THIS WILL BE THE LAST MONTHLY REPORT. THE RECREATION CAPITAL IMPROVEMENT REPORT WILL BE INCLUDED IN A QUARTERLY CITY-WIDE CAPITAL PROJECTS REPORT.) PARK BUDGET STATUS AMOUNT Barton Greenway $116,070 Bid opened on April 27. Waiting on Notice to Proceed from FDOT. 100% funded by FDOT. No City funds required. Boat Club $417,500 Project underway. There will be a delay on the Renovation installation of the shade structures over the picnic areas due to additional engineering requirements. They are expected to be completed by the end of June. The estimated completion of the restroom is anticipated by June10, 2010. A call-to-artists has been issued for a mural to be painted on the retaining wall to the west of the restroom. The City is asking for a marine-themed mural in keeping with the boating facility. Hester Park and $388,000 Energy retrofit using grant from Department of Center Energy Energy. No City funds will be expended. Will be Retrofit getting quotes and advertising bids in May and June. Oceanfront $1,640,000 Project began on February 22, 2010. The project is Boardwalk being built in three phases. The south phase will be 153 of 519 completed by the end of May. The center phase will be complete by the end of July. The north end will be completed by the end of the year. Currently the snack bar is serving from the back of the concession building on Friday, Saturday and Sunday only until the center portion of the decking is completed. Restrooms are open. The decking will be a combination of Ipe wood and stamped concrete. Benches and trash receptacles will be made of Ipe wood to match the deck. A number of cloth shade structure will line the deck and the large deck area around the concession building will be covered with shade cloth. Palmetto $400,000 Bid opened on April 27. Waiting on Notice to Proceed Greenway Ext. from FDOT. 100% funded by FDOT. No City funds required. Jaycee Park 154,090 50% Matching grant from Florida Inland Navigation Environmental Art District (FIND). Project is being designed. Estimated Markers completion date is October 2010. H? For purposes of this report, N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: For purposes of this report, N/A ISCAL MPACT A: Not to accept report LTERNATIVES 154 of 519 6. C CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-063 - Approve an EQUESTED CTION BY ITY OMMISSION Agreement for Water Service outside the city limits with Doc’s Realty –Yves Semeah for the property at 7795 Terrace Road & 7805 Terrace Road, Lantana, FL. ER: The parcel covered by this agreement includes a two unit facility located XPLANATION OF EQUEST in the unincorporated Palm Beach county area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by the county a few years ago. (See location map). Water service areas have been designated between the county and the various local utilities. We are required to provide water to anyone with in our service area when requested. Customers outside the city limits pay an additional 25% surcharge. H? A Water Distribution main has recently been OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FI: None ISCAL MPACT A: None. This parcel is within the Utilities service areas. LTERNATIVES 155 of 519 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND DOC’S REALTY - YVES SEMEAH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 7795 Terrace Road & 7805 Terrace Road, Lantana, Florida (PCN: 00-43- 45-10-07-000-0800); and WHEREAS , the parcel covered by this agreement includes a two unit facility located in the unincorporated Palm Beach County; and WHEREAS , water service has been designated between the county and the various local utilities; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Doc’s Realty - Yves Semeah, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA 156 of 519 ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________ Janet M. Prainito, M MC City Clerk (Corporate Seal) 157 of 519 158 of 519 159 of 519 160 of 519 161 of 519 162 of 519 163 of 519 164 of 519 165 of 519 166 of 519 167 of 519 168 of 519 169 of 519 170 of 519 171 of 519 6. D CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-064 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Sister's and Sista's Life Enrichment program, authorizing the City to enter into an agreement to sub-grant funding in the amount of $13,500 to Sandra Watson (Sister's and Sista's Life Enrichment) as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the Sister’s and Sista’s Life Enrichment Program application and granted them $13,500 for their program. Sister’s and Sista’s will empower teen girls in Boynton Beach through mentoring by teaching the importance of taking care of the mind, body and spirit while helping them to appreciate and embrace their unique beauty, inside and out, building confidence and a strong sense of self worth. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth; gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 172 of 519 FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. Sister’s and Sista’s Life Enrichment Program submitted a budget of $13,500 with the RFP and the Executive Committee approve said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in Account # 107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 173 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND SANDRA WATSON, FACILITATOR FOR SISTER’S TO SISTA’S YOUNG LADIES MENTORING AND ENRICHMENT PROGRAM FOR SUB- GRANT FUNDING IN THE AMOUNT OF $13,500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Sandra Watson, Facilitator for Sister’s to Sista’s Young Ladies Mentoring and Enrichment Program’s application and has granted them $13,500.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Sandra Watson, Facilitator for Sister’s to Sista’s Young Ladies Mentoring and Enrichment Program, including a sub-grant in the amount of $13,500.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. 174 of 519 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 175 of 519 176 of 519 177 of 519 178 of 519 179 of 519 180 of 519 181 of 519 182 of 519 183 of 519 184 of 519 185 of 519 186 of 519 187 of 519 188 of 519 189 of 519 190 of 519 191 of 519 6. E CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-065 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Tevis Gardenhire (Art is Motivation) authorizing the City to enter into an agreement to sub-grant funding in the amount of $10,600 to the Art as Motivation program as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the Art is Motivation program application and granted them $10,600 for their program. The Art is Motivation program will provide middle and high school students in Boynton Beach art as a way to express themselves mentally and visually. Students will learn what is needed to draw, paint and design graphics and will allow them to develop comprehensive skills comparable industry standards. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth; gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 192 of 519 FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. The Art is Motivation program submitted a budget of $10,600 with the RFP and the Executive Committee approve said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in Account #107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 193 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND TEVIS GARDENHIRE, FACILITATOR FOR ART IS MOTIVATION FOR SUB-GRANT FUNDING IN THE AMOUNT OF $10,600.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Tevis Gardenhire, Facilitator for Art Is Motivation’s application and has granted them $10,600.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Tevis Gardenhire, Facilitator for Art Is Motivation, including a sub-grant in the amount of $10,600.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA 194 of 519 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 195 of 519 196 of 519 197 of 519 198 of 519 199 of 519 200 of 519 201 of 519 202 of 519 203 of 519 204 of 519 205 of 519 206 of 519 207 of 519 208 of 519 209 of 519 210 of 519 211 of 519 6. F CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-066 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Greg Russ (Russo Consulting Group, Inc.) authorizing the City to enter into an agreement to sub-grant funding in the amount of $10,600 to Mr. Russ's Computer Concepts program as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the Computer Concepts program application and granted them $10,600 for their program. Greg Russ will provide a comprehensive integrated and accessible computer training program that meets the needs and desires of middle school and high school aged teens. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. The Computer Concepts program submitted a budget of $10,600 with the RFP and the 212 of 519 Executive Committee approve said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account # 107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 213 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RUSSO CONSULTING GROUP, INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $10,600.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Russo Consulting Group, Inc’s application and has granted them $10,600.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Russo Consulting Group, Inc., including a sub-grant in the amount of $10,600.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ 214 of 519 Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 215 of 519 216 of 519 217 of 519 218 of 519 219 of 519 220 of 519 221 of 519 222 of 519 223 of 519 224 of 519 225 of 519 226 of 519 227 of 519 228 of 519 229 of 519 230 of 519 231 of 519 232 of 519 6. G CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-067 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Gary Davis (Art of Film-Making Audio/Visual Life Skills) authorizing the City to enter into an agreement to sub-grant funding in the amount of $28,000 to the Art of Film-Making Audio/Visual Life Skills as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the Art of Film-Making Audio/Visual Life Skills program application and granted them $28,000 for their program. The Art of Film-Making is a structured year-round program to youth ages 12 to 18 through the Encouraging Students through Audio and Visual programming. The program consists of various audio/visual training to produce professional medium to meet industry standards. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth; gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 233 of 519 FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. The Art of Film-Making Audio/Visual Life Skills program submitted a budget of $28,000 with the RFP and the Executive Committee approve said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account # 107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 234 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND GARY DAVIS, DIRECTOR, ART OF FILM-MAKING AUDIO/VISUAL LIFE SKILLS, FOR SUB-GRANT FUNDING IN THE AMOUNT OF $28,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Gary Davis, Director of Art of Film-making Audio/Visual Life Skills’ application and has granted them $28,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Gary Davis, Director for Art of Film-making Audio/Visual Life Skills, including a sub- grant in the amount of $28,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA 235 of 519 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 236 of 519 237 of 519 238 of 519 239 of 519 240 of 519 241 of 519 242 of 519 243 of 519 244 of 519 245 of 519 246 of 519 247 of 519 248 of 519 249 of 519 250 of 519 251 of 519 252 of 519 6. H CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-068 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Richard Brochu authorizing the City to enter into an agreement to sub-grant funding in the amount of $13,300 to Richard Brochu (Hooked on Fishing, Not on Drugs) as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grant opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the Hooked on Fishing, Not on Drugs program application and granted them $13,300 for their program. Hooked on Fishing, Not on Drugs is a structured year-round program to youth ages 12 to 18 in which they will learn the skills necessary to fish safely on their own in a variety of settings and will give them the ability to teach others. They gain confidence and find a new sense of respect and responsibility for themselves. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth; gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 253 of 519 FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. The Hooked on fishing, Not on Drugs program submitted a budget of $13,300 with the RFP and the Executive Committee approve said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account # 107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 254 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RICHARD BROCHU, FACILITATOR, HOOK ON FISHING, NOT ON DRUGS, FOR SUB-GRANT FUNDING IN THE AMOUNT OF $13,300.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Richard Brochu, Facilitator for Hooked on Fishing, Not on Drugs’ application and has granted them $13,300.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Richard Brochu, Facilitator for Hooked on Fishing, Not on Drugs, including a sub-grant in the amount of $13,300.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA 255 of 519 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 256 of 519 257 of 519 258 of 519 259 of 519 260 of 519 261 of 519 262 of 519 263 of 519 264 of 519 265 of 519 266 of 519 267 of 519 268 of 519 269 of 519 270 of 519 271 of 519 272 of 519 6. I CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-069 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and R. M. Lee Community Development Center authorizing the City to enter into an agreement to sub-grant funding in the amount of $30,000 to the Center as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grand opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the R. M. Lee Community Development Center application and granted them $30,000 for their program. The Center will provide programs in various areas of mentoring, life and employment skills to teens from ages 12 to 18 through educational, cultural, social, emotional and psychological activities designed to provide good life skills and prepare them to become wholesome, successful, productive and contributing members or our community. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth, gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 273 of 519 FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. The Center submitted a budget of $30,000 with the RFP and the Executive Committee approved said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account # 107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 274 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RM LEE, COMMUNITY DEVELOPMENT CENTER, INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $30,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved RM Lee, Community Development Center’s application and has granted them $30,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with RM Lee, Community Development Center including a sub-grant in the amount of $30,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 275 of 519 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 276 of 519 277 of 519 278 of 519 279 of 519 280 of 519 281 of 519 282 of 519 283 of 519 284 of 519 285 of 519 286 of 519 287 of 519 288 of 519 289 of 519 290 of 519 291 of 519 292 of 519 293 of 519 6. J CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-070 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Kayla Lundy authorizing the City to enter into an agreement to sub-grant funding in the amount of $5,000 to the Ms. Lundy's Success Teen program as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) . ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grant opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. The YVPP Executive Committee approved the Success Teen application and granted them $5,000 for their program. The program will provide a structured mentoring program to youth ages 12 to 18 and will help support and develop leadership, social and educational skills. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth; gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 294 of 519 FI: The County has approved the funding for the YVPP program for this funding ISCAL MPACT cycle. Ms. Lundy submitted a budget of $5,000 with the RFP and the Executive Committee approved said budget. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account # 107-3606-521-49-17 in the amount of $136,000 to cover all service agreements for the YVPP program. A: Not to approve the service agreement. LTERNATIVES 295 of 519 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND KAYLA LUNDY, FACILITATOR FOR SUCCESS TEEN, FOR SUB-GRANT FUNDING IN THE AMOUNT OF $5,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Kayla Lundy, Facilitator for Success Teen’s application and has granted them $5,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Kayla Lundy, Facilitator for Success Teen including a sub-grant in the amount of $5,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 296 of 519 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 297 of 519 298 of 519 299 of 519 300 of 519 301 of 519 302 of 519 303 of 519 304 of 519 305 of 519 306 of 519 307 of 519 308 of 519 309 of 519 310 of 519 311 of 519 312 of 519 313 of 519 314 of 519 6. K CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-071 - Approve an EQUESTED CTION BY ITY OMMISSION award of the RFP # 044-2821-10/CJD for the Harvesting of Private & Public Canal Systems at Specific Locations to SANTEE MODULAR HOMES, INC. of Santee, SC being the lowest most responsive bidder having met all the specifications in the sum of $44,000.00 and to authorize the contractor and Utilities personnel to gain access to private canals based upon the receipt of access licenses from the majority of residents. ER: On May 11, 2010, Procurement Services opened and tabulated XPLANATION OF EQUEST three (3) proposals for the Harvesting of Private & Public Canal Systems at specific locations. All proposals were reviewed by the Utilities Department and references were checked. It was determined that Santee Modular Homes, Inc. was the lowest, most responsive, responsible proposer who met all specifications. They have extensive experience in several states including Florida, which includes recent work for the Florida Fish and Wildlife Conservation Commission. In January 2010 the Stormwater division of the Utility Department assumed responsibility for the management of the aquatic vegetation in the various canals within the city. The canal systems at Venetian Isles, Chapel Hill, Lazy Lake and Big Bass Waterway were harvested as far as practicable and spraying operations have already commenced in order to eliminate any remaining vegetation and keep the waterways clear of further infestation. Manual removal of dead plants has been necessary in the shallower parts of Venetian Isles. We were unable to undertake the work in Treasure Isles due to access difficulties and therefore included that work in the RFP for the private canal systems. The Utility Department wrote to the property owners at the private canal systems in Lake Eden and Lake Shore Haven requesting them to sign an access license of fixed duration giving 315 of 519 consent for the Utility Department to have access for the purpose of controlling any aquatic vegetation. The department sent out two letters to home owners and has received positive responses from the vast majority, they have also received considerable help from a number of local residents. In the area of Lake Shore Haven there is only 1 property out of 38 that has not responded. This property is in foreclosure. In the area to be treated in the Lake Eden canals there are only 2 residents who have not responded positively out of 33. It should be noted that the southernmost two canals in the Lake Eden area are free of vegetation. Previously, the City has required 100% approval from property owners along the canals. Anything less than 100% approval increases the City’s risk of a claim by a property owner who does not consent which could arise from damage to their property. In light of these results the Utility Department is seeking the guidance of the Commission as to whether to proceed with the harvesting and subsequent control of the vegetation in the private canal systems. In April 2010 the city posted RFP # 044-2821-10/CJD seeking proposals to harvest the two private canal systems plus the area known as Treasure Isle. A mandatory pre-bid meeting was held, which included a tour of the proposed work area so that the bidders could observe and plan for obtaining the necessary access. Responses to the RFP were limited to 3 organizations and Santee Modular Homes, Inc. has been identified as the lowest cost most responsive bidder. This organization has done recent work in the state and has received excellent references. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This will have no impact on existing city services but there will be an ongoing requirement to utilize spraying on an intermittent basis to prevent a return to the extreme conditions currently in existence. The Utility Department will be maintaining all canals for vegetation control henceforth as directed by Commission. FI: ISCAL MPACT The total cost for the harvesting is $44,000 which will be met from account 401-2824-536-49- 17. A: LTERNATIVES The only alternative to harvesting for the initial clean-up is spraying. Since the respondent has indicated their ability to perform harvesting as requested this option has been rejected in favor of harvesting. 316 of 519 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #044-2821-10/CJD TO SANTEE MODULAR HOMES, INC., FOR THE HARVESTING OF PRIVATE AND PUBLIC CANAL SYSTEMS AT SPECIFIC LOCATIONS; AUTHORIZING THE CONTRACTOR AND UTILITIES PERSONNEL TO GAIN ACCESS TO PRIVATE CANALS BASED UPON THE RECEIPT OF ACCESS LICENSES FROM THE MAJORITY OF RESIDENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 11, 2010, Procurement Services opened and tabulated three (3) proposals to the RFP “Harvesting of Private & Public Canal Systems at Specific Locations”; and WHEREAS , after review and evaluation by the Utilities Department staff it has been determined to recommend award of this RFP to Santee Modular Homes, Inc., of Santee, South Carolina whose RFP was the lowest, most responsive and responsible proposer who met all specifications; and WHEREAS , upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFP #044-2821-10/CJD to Santee Modular Homes, Inc., of Santee, South Carolina. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of RFP #044-2821-10/CJD to Santee Modular Homes, Inc., of Santee, South Carolina for Harvesting of Private & Public Canal Systems at Specific Locations. Section 3. That the Contractor and City staff are authorized to proceed and gain access to private canals based upon receipt of access licenses from the majority of residents. Section 4. That this Resolution shall become effective immediately. 317 of 519 PASSED AND ADOPTED this ______ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 318 of 519 319 of 519 320 of 519 321 of 519 322 of 519 323 of 519 324 of 519 325 of 519 326 of 519 327 of 519 328 of 519 329 of 519 330 of 519 331 of 519 332 of 519 333 of 519 334 of 519 335 of 519 336 of 519 337 of 519 338 of 519 339 of 519 340 of 519 341 of 519 342 of 519 343 of 519 344 of 519 345 of 519 346 of 519 347 of 519 348 of 519 349 of 519 350 of 519 351 of 519 352 of 519 353 of 519 354 of 519 355 of 519 356 of 519 357 of 519 358 of 519 359 of 519 6. L CONSENT AGENDA June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the fourth (4th) reduction of a performance bond EQUESTED CTION BY ITY OMMISSION in the amount of $1,105,633.12 for improvements to Old Boynton Road by Boynton Town Center and Boynton Village from $1,325,633.12, leaving an amount of $220,000. ER: The reduction represents the continuing progress completion of the on- XPLANATION OF EQUEST going construction of the required improvements to support the widening of Old Boynton Road, from Congress Avenue to Boynton Beach Boulevard. Although sight distance issues identified on the east half of Old Boynton Road (east of the LWDD E-4 Canal bridge) have now been corrected, restriping of traffic lane delineation was recently accomplished to resolve that issue. The remaining Letter of Credit amount will be held for the one (1) year warranty period, which commenced on Friday, May 14, 2010. Refer to attached letter copy for explanation of retainage for warranty period. Palm Beach County’s Department of Engineering & Public Works (Roadway Division) has been monitoring the daily construction progress of this project and has concurred with the requested surety reduction. H? Contractor had advised the City that they OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES originally expected to open the roadway to local traffic in January, 2010 and finish the “punch list” items by the end of February, 2010. However, Palm Beach County began evaluating the restriping of the three-lane curve area to increase the visibility in the eastward direction. The solution was recently implemented and the roadway is now open to traffic. FI: N/A ISCAL MPACT A: None LTERNATIVES 360 of 519 361 of 519 362 of 519 7. A BIDS AND PURCHASES OVER $100,000 June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award Bid #033-2821-10/JA, for the "TWO-YEAR BID EQUESTED CTION BY ITY OMMISSION FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION" to Line-Tec of Delray Beach, with an anticipated expenditure of approximately $700,000.00 over the next two years. EXPLANATION OF REQUEST: On April 15, 2010, Procurement Services opened and tabulated three (3) bids. Utilities staff reviewed the bids and are recommending Line Tec as the lowest, most responsive, responsible bidder who met all specifications. This bid is utilized by the Utility Department to undertake repairs in the water distribution system with emphasis on the replacement of water service connections either as a part of a neighborhood project or on a case by case basis. The contractor also has a Plumber’s license which qualifies them to move service connections from rear easements to the front of the property. In the past we have utilized their services for the Golfview Harbour lateral replacement program, which replaced old and corroded galvanized connections improving water quality and pressure to the customer and reducing water loss through leaks. Utilities Department would like to continue with this company for future neighborhood projects that will utilize this, such as Rolling Green, Lake Boynton Estates and Central Seacrest. Expenditures in prior years are as follows: 2007-2008 $ 35,595 2008-2009 $386,603 (includes the Golfview Harbour project) 2009-2010 $ 69,742 to date (currently utilize this contract in Rolling Green) An anticipated annual expenditure for the next two years is up to $350,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? 363 of 519 The City is required to provide a quality water service to its customers and also to reduce hidden losses in the water distribution system as a requirement under its current Consumptive Use Permit from the South Florida Water Management District. This contract is an important part in meeting this requirement. CONTRACT PERIOD: JUNE 2, 2010 TO JUNE 1, 2011 The provisions of this Bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: Funds for these projects will be expended on an as needed basis from the Utility CIP. ALTERNATIVES: Utility personnel can be used when available to work on service line replacement to the front of the property but are not licensed to work beyond the meter and on a customer’s property. 364 of 519 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING BID #033-2821-10/JA “TWO-YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION” TO LINE- TEC, INC., OF DELRAY BEACH, FLORIDA IN THE APPROXIMATE AMOUNT OF $700,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 15, 2010, Procurement Services opened and tabulated three (3) bids in response to Bid #033-2821-10/JA; and WHEREAS, after staff reviewed the proposals submitted it was determined that Line-Tec, Inc., of Delray Beach, Florida was the lowest, most responsive responsible bidder who met all specifications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of Bid #033-2821-10/JA to Line-Tec, Inc., of Delray Beach, Florida for the Two Year Bid for the Supply and Installation of Water Service Connections and Restoration in the approximate amount of $700,000.00 over the two year period. Section 3. That this Resolution shall become effective immediately. 365 of 519 PASSED AND ADOPTED this ______ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 366 of 519 367 of 519 368 of 519 369 of 519 370 of 519 371 of 519 372 of 519 373 of 519 374 of 519 375 of 519 376 of 519 377 of 519 378 of 519 379 of 519 380 of 519 381 of 519 382 of 519 383 of 519 384 of 519 385 of 519 386 of 519 387 of 519 388 of 519 9. A PUBLIC HEARING June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a variance from the City of Boynton Beach Land EQUESTED CTION BY ITY OMMISSION Development Regulations, Chapter 2, Zoning, Section 11.H.16.a.(8) allowing for a reduction in the number of required parking spaces from 53 to 46, resulting in a variance of 7 spaces for Timeless Life Care (ZNCV 10-005) located at 623 South Federal Highway. Applicant: Eastside Lofts Development, STND LLC. THE ITEM WAS TABLED TO JUNE 1 SO THAT FINAL ACTION COINCIDES WITH 2 READING OF CORRESPONDING REZONING ITEM. ER: This request is for a variance to reduce the required 53 parking XPLANATION OF EQUEST spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces. Upon further review, staff determined the retail space is actually ancillary to the principal use and not subject to a separate parking ratio standard and as a result, the deficiency (and variance) would be reduced from 7 spaces to 2 spaces. The subject variance (ZNCV 10-005) is contingent upon the approval of the corresponding th rezoning request (REZN 10-001) which was approved on First Reading on May 18. The proposed use is for an assisted living facility totaling 92,897 square feet. Staff recommends approval of the variance based upon the following: 1. The granting of the variance involved should not confer on the applicant any special privileges denied to others within the City as a whole, as evidenced by the previous approval of similar variance requests. Staff has recommended, and the City Commission approved, several parking variances when the applicant is able to justify that a lesser amount of parking is warranted through the operational characteristics of the business (Boynton Beach Cancer Center), formal and informal parking counts at existing sites (Pylon Office Building and Boynton Bay), and preservation of landscaping 389 of 519 (Sunshine Square and Seacrest Surgical Center). As stated previously, such relief also furthers green initiatives such as the preservation of mature trees. 2. It can be argued that the relief being requested represents the minimum variance that will make possible the reasonable use of the land, building, or structure. The building is proposed to be constructed within the appropriate setback and height limitations, and does not appear to be overbuilding the site, given the space that remains for surface parking, open spaces and a public plaza. Furthermore, based upon staff’s research, the number of beds being proposed appears to be in line with the newer, more upscale, amenity-filled facilities located within the City. For example, the proposed facility is smaller than the average size of the three (3) comparable existing assisted living facilities that were reviewed by staff, which contain between 107 beds and 296 beds. 3. Staff finds the request will be in harmony with the general intent of the code and not injurious to the area involved. This position is based upon the information provided by the applicant and staff’s review of comparable assisted living facilities within the City. only In conclusion, staff recommends that the parking variance be for the two (2) spaces as explained above, and that the request be approved, subject to the conditions of approval and any conditions recommended by the Board and required by the City Commission accordingly. This item was TABLED to June 1, 2010 so that final action coincides with second reading of the corresponding rezoning item (REZN 10-001) to attain a single approval date for both requests. The Planning and Development Board reviewed the request on April 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny the variance request. LTERNATIVES 390 of 519 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-028 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: April 5, 2010 PROJECT NAME/NO: Timeless Life Care Reduction in Parking (ZNCV 10-005) REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11. H.16.a.(8), requiring 53 parking spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces; and PROJECT DESCRIPTION Property Owner: Eastside Lofts Development, LLC Applicant/Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Location: 623 South Federal Highway (see Exhibit “A” – Location Map) Acreage: 1.21 acres Proposed Use: Assisted Living Facility (92,870 sf) Existing Zoning District: Mixed Use Low (MU-L) Proposed Zoning District: Mixed Use Low 2 (MU-L2) Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 391 of 519 South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C- 3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R- 3); and th West: Right-of-way for Southeast 4 Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). BACKGROUND The subject property is currently vacant and extends from Federal Highway to th Southeast 4 Street. Along with the subject variance, the applicant is seeking concurrent approval to rezone the property to Mixed Use Low 2 (MU-L2) under application REZN 10-001, to accommodate a 144 bed assisted living facility (NWSP 10-004/COUS 10- 001). The site was previously approved for a development called Boynton Lofts, which was designed as a six (6) story building with 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space. Subsequently, a Minor Site Plan Modification was approved, which retained the proposed 48 dwelling units, eliminated the office space and reduced the retail space to 3,096 square feet. Site plan time extensions were then granted in April of 2006, June of 2007, July of 2008, and April of 2009, as the applicant was unable to secure a permit, due to the economic downturn in the housing market. Mr. Bradley Miller, agent for the applicant, is now proposing a six (6) story, 144 bed, 92,897 square foot assisted living facility on the 1.21 acre parcel located at623 South Federal Highway.As noted above, the applicant is requesting a concurrent zoning code variance, for relief from the parking regulations for an assisted living facility, which requires one (1) parking space for every three (3) beds. The applicant is proposing 144 beds, requiring 48 parking spaces, and approximately 1,000 square feet of retail space as part of the mixed use development requirement, which would demand five (5) additional parking spaces, for a total of 53 parking spaces. The proposed site plan indicates the provision of 46 parking spaces, prompting the filing of a variance application for seven (7) parking spaces. ANALYSIS a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The project, as designed, would typically require a total of 53 parking spaces, and the proposed site plan indicates the provision of 46 parking spaces, resulting in a variance request for seven (7) spaces. Although not part of the applicant’s original business plan, 392 of 519 staff has worked diligently to create a mixed use component to this project. As a result, the applicant has created an approximately 1,000 square foot retail space, with frontage on, and access from, the sidewalk along Federal Highway. In addition, the applicant has designed medical office space on the first floor, for use by both the facility and the general public. The applicant indicates in the justification statement, that the retail space is intended for the use by the residents and staff of the facility as a gift shop, coffee shop, hair salon/barber, sundry shop, and these types of ancillary retail spaces are customarily incidental in most adult living facilities and are typically accounted for in the respective parking requirement for the principal use. After closer review, staff finds that the retail/office space should be construed as being accessory to the principal use, and by removing the requirement of the five (5) parking spaces for the retail/office component, the project would only be left with a deficit of two (2) parking spaces. The applicant notes that the parking lot is designed around two (2) mature oak trees, which could be removed, and relocated elsewhere on site with a series of smaller oaks, thereby freeing up room for the two (2) deficient parking spaces. The applicant further states, that in addition to the retail space being customarily incidental to the use and the preservation of the mature oak trees, the following reasons are further justification to support the parking variance: 1) the typical resident of an assisted living facility is in her 80’s, can no longer care for herself without assistance and has typically forfeited her ability to drive, relying upon others for transportation; 2) The assisted living facility will provide transportation of its residents to doctor appointments, shopping and other engagements; 3) the largest shift of employees will not exceed 20 staff members; and 4) newly designed on-street parking is currently th being constructed on Southeast 4 Street. The applicant understands that this parking cannot be counted towards satisfying the parking requirement, but notes it would be available. b. That the special conditions and circumstances do not result from the actions of the applicant. In a traditional review, in the absence of any unique site characteristics relative to adjacent properties, the need for a variance is typically created by some aspect of a given project which is attributable to the actions of the applicant. Therefore, given that project size (i.e. the number of beds) has caused the need for the variance, and the two (2) deficient parking spaces could be provided if the two (2) mature oak trees were removed, the necessity for the parking variance appears to be self created. However, staff supports the retention of the mature oak trees in the proposed parking area, which could otherwise be removed to accommodate the two (2) parking spaces. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The applicant states that, “The granting of the variance requested will not confer on Timeless Life Care any special privilege. Every property and its intended use is unique and has to be evaluated on a case-by-case basis”. In reviewing this request against this particlar criteria, it should be noted that this site is 393 of 519 the only property zoned MU – L2 in the entire City. Therefore, it is difficult to respond to whether the granting of the variance will confer any special privilege denied to others in the same zoning district. The granting of the variance involved should not confer on the applicant any special privileges denied to others within the City as a whole, given the number of similar variance approvals. Staff has recommended, and the City Commission approved, several parking variances, when the applicant is able to justify that a lesser amount of parking is warranted through either the operational characteristics of the business (Boynton Beach Cancer Center), formal and informal parking counts at existing sites (Pylon Office Building and Boynton Bay), and preservation of landscaping (Sunshine Square and Seacrest Surgical Center). As stated previously, such relief also furthers green initiatives such as the preservation of mature trees and staff attempts to support tree preservation when such action is deemed not to contribute to a parking problem. In one of the examples provided above, Seacrest Surgical Center, the City Commission approved a variance request for three (3) parking spaces associated with the medical office building expansion, and in effect preserved a very large banyan tree in the parking area. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The applicant desires to retain the two (2) mature oak trees to enhance the site and preserve a part of nature, as opposed to removing the trees for two (2) additional parking spaces. The applicant has provided a number of justifications as to the reasons the absence of these two (2) parking spaces will not have an adverse impact on the business operation or surrounding properties, including staffing levels, resident profile, and the provision of transportation service for the residents. As previously stated, there are no other MU–L2 properties existing for comparison purposes. While it is logical to consider that a reduction of six (6) beds would eliminate the need for a variance and ensure the preservation of existing native trees, the applicant has indicated that the number of beds proposed is the minimum number of beds necessary to make the project economically viable. Alternatively, staff also recognizes the applicant’s ability to provide the two (2) deficient parking spaces through the removal of the oak trees, should the variance be denied. As part of staff’s research, visual inspections were conducted at several of the City’s comparable assisted living facilities, which were approved under the same parking standards this project is subject to (1 parking space per 3 beds), and found that they operated within the allotted parking, without overflowing onto landscape areas or other parcels. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. There does not exist within City code a definition of “reasonable use”. The applicant believes he has justified the proposed parking counts and retention of the two (2) mature oak trees, based upon the operational characteristics of the assisted living facility, as well the typical resident profile expected to reside at the facility. 394 of 519 The applicant is proposing to construct a 144 bed assisted living facility and believes, based upon location, land price and constructability, that this is the minimum size facility to make the project economically feasible. The building is proposed to be constructed within the appropriate setback and height limitations, and does not appear to be overbuilding the site, based upon open spaces and other amenities. Based upon staff’s review, the number of beds being proposed appears to be in line with the newer, more upscale, amenity-filled facilities located within the City. For example, the proposed facility is smaller than the average size of the three (3) comparable existing assisted living facilities that were studied by staff, which contain between 107 beds and 296 beds. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant states, “The facility will be operated on a 24/7 basis with an anticipated 20 employees on the largest shift. Employees will have the option and will be encouraged to use public transportation; however, should all 20 employees drive separately, there will still be 26 parking spaces available for the residents and any guests”. The intent of the City’s parking regulations is to ensure adequate facilities are provided on the property creating the need, and that the number of spaces will be sufficient so as not to adversely affect neighboring or public property. Based upon the information provided by the applicant and staff’s review of comparable assisted living facilities within the City, staff finds the request will be in harmony with the general intent of the code and not injurious to the area involved. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the requests are for relief from the minimum parking requirements, this criteria does not apply. CONCLUSIONS Staff has reviewed the variance application against the intent of the Federal Highway Corridor Redevelopment Plan and standards of the Mixed Use Low 2 zoning district. In analyzing the applicant’s responses to the above criteria, staff is in agreement that these types of ancillary uses are customarily incidential retail operations within an assisted living facility, and are therefore exempt from separate parking space standards. Additionally, staff agrees with and supports the applicant’s efforts to preserve the two (2) mature oak trees within the proposed parking area as a sustainable and green initiative. It is estimated that it would take 15 to 20 years for smaller replacement trees to provide the same reduction in ground-level absorption of solar radiation within the parking lot, as provided by the existing mature trees. As part of staff’s research, visual inspections were conducted at several of the City’s comparable assisted living facilities, which were approved under the same parking standards as this project (1 parking space per 3 beds), and found that they operated within the allotted parking, without overflowing onto landscape areas or adjacent parcels. On average, during several visits, at varying different times of day, the parking lots were 70 – 80% occupied. And unlike these 395 of 519 previously approved assisted living facilities reviewed by staff, this particular property has th access to on-street parking (on Southeast 4 Street), should the need arise for occasional overflow. RECOMMENDATION Nearly all variances would likely be denied if based solely on all criteria (hardship) as stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, staff notes that past variances have been approved based on satisfying a portion of the above-referenced criteria, and / or with emphasis on potential impacts, precedence, and the furthering of City objectives. Staff recommends approval of the variance based upon the following: 4. The granting of the variance involved should not confer on the applicant any special privileges denied to others within the City as a whole, as evidenced by the previous approval of similar variance requests. Staff has recommended, and the City Commission approved, several parking variances when the applicant is able to justify that a lesser amount of parking is warranted through the operational characteristics of the business (Boynton Beach Cancer Center), formal and informal parking counts at existing sites (Pylon Office Building and Boynton Bay), and preservation of landscaping (Sunshine Square and Seacrest Surgical Center). As stated previously, such relief also furthers green initiatives such as the preservation of mature trees and staff attempts to support tree preservation when such action is deemed not to create parking problems due to a lack of code required spaces. 5. It can be argued that the relief being requested represents the minimum variance that will make possible the reasonable use of the land, building, or structure. The building is proposed to be constructed within the appropriate setback and height limitations, and does not appear to be overbuilding the site, given the space that remains for surface parking, open spaces and a public plaza. Furthermore, based upon staff’s research, the number of beds being proposed appears to be in line with the newer, more upscale, amenity-filled facilities located within the City. For example, the proposed facility is smaller than the average size of the three (3) comparable existing assisted living facilities that were reviewed by staff, which contain between 107 beds and 296 beds. The request to eliminate two (2) parking spaces appears to be the minimum necessary to retain mature trees on site. Lastly, the applicant has provided a number of logical and acceptable reasons why the loss of these parking spaces will not have an adverse impact on the business operation or surrounding properties, including staffing levels, resident profile, and the provision of transportation service for the residents. With that said, staff is recommending a condition of approval that any changes in the manner of operation of the facility which were part of the justification for granting the variance, i.e. regular transportation service provided by the facility, changes in the type of resident served, increased staffing, etc., will require the subject parking spaces to be provided by the owner. 6. Staff finds the request will be in harmony with the general intent of the code and not injurious to the area involved. This position is based upon the information provided by the applicant and staff’s review of comparable assisted living facilities within the City. 396 of 519 In conclusion, staff recommends that the parking variance only be for the two (2) spaces, as explained above, and that the request be approved, subject to the conditions of approval contained in Exhibit “D”. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “D” accordingly. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care \ZNCV 10-005.doc 397 of 519 398 of 519 399 of 519 400 of 519 401 of 519 402 of 519 403 of 519 EXHIBIT "D" Conditions of Approval Project name: Timeless Life Care File number: ZNCV 10-005 nd Reference: 2 review plans identified as a Conditional Use / New Site Plan with an April 1, 2010 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Approval of this project is contingent upon the approval of the X accompanying requests for rezoning and conditional use/new site plan approval.. 2. Any changes in the manner of operation of the facility which were part of X the justification for granting the variance, i.e. regular transportation service provided by the facility, changes in the type of resident served, increased staffing, etc., will require the subject parking spaces to be provided by the 404 of 519 DEPARTMENTS INCLUDE REJECT owner. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\ZNCV 10-005 Parking Spaces\COA.doc 405 of 519 S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 406 of 519 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care APPLICANT’S AGENT: Bradley Miller – Miller Land Planning Consultants, Inc. APPLICANT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11. H.16.a. (8), requiring 53 parking spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces. LOCATION OF PROPERTY: 623 S. Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ 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 ____________________________________________________________ 407 of 519 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\ZNCV 10-005 Parking Spaces\DO.doc 408 of 519 9. B PUBLIC HEARING June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Timeless Life Care Conditional Use (COUS 10- EQUESTED CTION BY ITY OMMISSION 001) and New Site Plan (NWSP 10-004), for an assisted living facility providing 144 beds within 87 units and ancillary retail, located at 623 South Federal Highway (west side of Federal Highway between SE thth 5 Avenue and SE 6 Avenue). Applicant: Eastside Lofts Development, LLC. THIS ITEM WAS STND TABLED TO JUNE 1 FOR FINAL ACTION TO COINCIDE WITH 2 READING OF CORRESPONDING REZONING ITEM. ER: Timeless Life Care is a proposed assisted living facility with 144 XPLANATION OF EQUEST beds within 87 units and ancillary retail space on a 1.21 acre parcel to be rezoned from ± Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2). This proposal is for a six (6) story facility, 92,897 square feet and a concurrent zoning code variance for partial relief from required parking. Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and new site plan, subject to satisfying all conditions of approval recommended by staff and the approval of the rezoning and zoning code variance. Furthermore, pursuant to Chapter 2 – Zoning, Section 11.2 “Conditional Uses”, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be established for the project to be a minimum of 25% complete. This item was TABLED to June 1, 2010 so that final action coincides with second reading of the corresponding rezoning item (REZN 10-001) to attain a single approval date for both requests. The Planning and Development Board reviewed this request on April 27, 2010 and forwards it with a recommendation for approval. 409 of 519 th In response to questions raised by the Commission during the May 18 hearing, staff researched existing facilities within the City’s boundaries. The research indicates that the City has 13 assisted living facilities, for a total of 634 beds, and 5 nursing/rehabilitation facilities, for a total of 616 beds (one of the facilities is a hybrid). Occupancy rates are 91% and 89%, respectively for each facility type. With respect to the company’s reputation and the quality of care it provides: assisted living facilities are not rated by state or private agencies or associations. However, staff contacted the State of Florida Agency for Healthcare Administration, which is responsible for the licensure and regulation of such facilities, to find that they are routinely inspected to ensure the provider is operating in compliance with applicable Florida Statutes, Florida Administrative Code and applicable federal regulations, in a manner that protects the health and safety of their residents or patients. During typical inspection, Agency surveyors review a sampling of clinical records, policies and procedures, staffing reports and other relevant documents. They also conduct interviews with patients/residents, family members, staff, visitors, and/or volunteers. The Agency may also perform an investigation in response to a complaint. Staff was directed to a FloridaHealthFinder.gov website to review standard annual and complaint reports for two Florida facilities owned and operated by Timeless Life Care. No deficiencies or complaints were found in either facility. With respect to economic impact, no economic impact study was done for the proposed facility. There was insufficient time to review the possible methodologies, but staff may be able to provide some basic facts pertaining to economic impact at the Commission meeting on June st 1. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny request for conditional use and new site plan. LTERNATIVES 410 of 519 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Ed Breese Principal Planner DATE:April 12, 2010 PROJECT NAME/NO: Timeless Life Care / NWSP 10-004, COUS 10-001 REQUESTS: New Site Plan and Conditional Use PROJECT DESCRIPTION Property Owner: Eastside Lofts Development, LLC Applicant/Agent Bradley Miller, Miller Land Planning Consultants, Inc. Location: 623 South Federal Highway (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Mixed Use (MX) / Mixed Use Low (MU-L) Proposed Land Use/Zoning: Mixed Use (MX) / Mixed Use Low 2 (MU-L2) Proposed Uses: Assisted Living Facility (92,897 sf) Acreage: 1.21 acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi- family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and th West: Right-of-way for Southeast 4 Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). 411 of 519 PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND th The subject property is currently vacant and extends from Federal Highway through to Southeast 4 Street. The applicant is seeking concurrent approval to rezone the property to Mixed Use Low 2 (MU-L2) under application REZN 10-001, approval of a 144 bed assisted living facility (NWSP 10-004/COUS 10- 001), and approval of a variance to the minimum required parking (ZNCV 10-005). The site was previously approved for a development called Boynton Lofts, which was designed as a six (6) story building, with 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space. Subsequently, a Minor Site Plan Modification was approved, which retained the proposed 48 dwelling units, eliminated the office space and reduced the retail space to 3,096 square feet. Site plan time extensions were then granted in April of 2006, June of 2007, July of 2008, and April of 2009, as the applicant was unable to secure a permit, due to the economic downturn in the housing market. PROPOSAL Mr. Bradley Miller, agent for the owner, is now proposing a six (6) story, 144 bed, 92,897 square foot 623 South Federal Highway. assisted living facility on the 1.21 acre parcel located atAs noted above, the applicant is requesting a concurrent zoning code variance for relief from the parking regulations for an assisted living facility, which requires one (1) parking space for every three (3) beds. The applicant is proposing 144 beds, requiring 48 parking spaces. The applicant is also proposing approximately 1,000 square feet of retail space as part of the mixed use development requirements, which would demand five (5) additional parking spaces, for a total of 53 parking spaces. The proposed site plan indicates the provision of 46 parking spaces, resulting in a variance of seven (7) parking spaces. 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. 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 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 as 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. 412 of 519 As noted previously, the subject property extends from North Federal Highway, through to thth Southeast 4 Street. The project proposes only one (1) point of ingress/egress from Southeast 4 Street. This proposed driveway connection is 24 feet in width, and is placed on the secondary street front in order to comply with the Federal Highway Redevelopment Plan guidelines and to minimize the impact of vehicular turning movements on Federal Highway traffic flow. The driveway accesses the 46 on-site parking spaces and a covered drop-off along the west building façade and main entry. The proposed on-site traffic flow allows for ease of movement for visitors as well as emergency personnel and waste removal vehicles. The site design also provides continuous th pedestrian access from the Southeast 4 Street sidewalk, to the covered entry, through a pair of walkways along the center of the site, in a landscaped area between parking bays. Pedestrian access to the Federal Highway building entrance is provided directly from the public sidewalk, through either a handicap ramp or through stair steps up to a small public plaza. The applicant has submitted a traffic analysis, which has been reviewed and approved by the Traffic Division of Palm Beach County to ensure compliance with the Traffic Performance Standards of Palm Beach County. The analysis indicates an anticipation of 21 AM peak hour trips and 44 PM peak hour trips. 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. Although not part of the applicant’s original business plan, staff has worked diligently in an attempt to create a mixed use component to this project. As a result, the applicant has created an approximately 1,000 square foot retail space, with frontage on, and access from, the sidewalk along Federal Highway. In addition, the applicant has designed medical office space on the first floor, for the use of the facility, as well as the general public. The applicant indicates in the variance justification statement as part of the concurrent parking variance request (ZNCV 10-005), that the retail space is intended for the use of the residents and staff of the facility, through internal access to the rest of the facility. It is anticipated the space will be utilized as a gift shop, coffee shop, hair salon/barber or sundry shop, and the applicant notes that these types of ancillary retail spaces are customarily incidental to most adult living facilities and are typically accounted for in the parking requirement of the entire operation, rather than singled out. Subsequent to filing the corresponding variance application, and after closer review, staff finds that the retail/office space should be construed to be accessory to the principal use. With such interpretation of the ancillary space, the parking required for the small retail component (5 spaces) is eliminated. As a result, the project proposes a total of 144 beds, and based on the requirement of one (1) parking space per three (3) beds, 48 parking spaces would be required. The site plan indicates a total of 46 parking spaces are to be provided (a deficiency of 2 spaces). The applicant notes that the engineer has designed the parking lot around two (2) mature oak trees, which could be removed, mitigated elsewhere on site with a series of smaller oaks, freeing up space for the two (2) deficient parking spaces. Staff concurs with the applicant’s course of action to retain these mature tree specimens. The applicant further states, that in addition to the preservation of the mature oak trees, the following reasons are further justification for the reduced parking count: 1) the typical resident of an assisted living facility is in her 80’s, can no longer care for herself without assistance and has typically forfeited her ability to drive, relying upon others for transportation; 2) the assisted living facility will provide transportation of its residents to doctor appointments, shopping and other engagements; 3) the largest shift of employees will not exceed 20 staff members; and 4) there is newly designed on-street parking currently being constructed on th Southeast 4 Street, should the need arise for the occasional overflow. The applicant understands that this parking cannot be counted towards satisfying the parking requirement, but notes it would be available. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length and include continuous curbing. All proposed parking stalls, including 413 of 519 the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and permanent markings will be provided to clearly delineate areas on site and direction of circulation. No glare is expected from the proposed development. Freestanding light poles throughout the parking areas are proposed to be 15 feet in height, to ensure no light spillage or glare. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The dumpster is proposed to be stored within the building façade, in a trash room, behind double doors, to better conceal the waste operation, eliminate potential odors and better align the dumpster th for ease of the waste removal division. The waste truck will enter the site from Southeast 4 Street and pull forward in a straight-in alignment for pick up, then continue around the loop and exit. 4. Utilities, with reference to locations, availability, and compatibility. Due to the property’s location on South Federal Highway, utilities are already available. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The building is proposed to be situated as close as three (3) feet from the property line abutting Federal Highway, with various stepbacks along the front facade, including a twenty-one (21) foot deep public plaza at the retail entrance. This urban edge provides limited areas for landscaping along this façade. However, the site plan depicts the provision of four (4) Royal Palm trees, four (4) Bougainvillea Standard trees, and a small variety of shrubs and grouncovers. Again, due to the steps leading up to the building entrances and the handicap ramp, the landscape plan along the Fedral Highway frontage is designed more with an urban feel than the other three (3) facades. The remaining three (3) property boundaries include more standard landscape buffers, consisting of both canopy and palm trees as well as hedges and ground cover. The north and south building facades average approximately 65 feet in height. The landscape plan depicts the use of 35 foot tall Washingtonia Palms to help soften the mass of the building, as well as Sabal Palm trees staggered in height from 12 feet to 22 feet and a series of shrubs and groundcovers. The buffer around the parking lot on the west side of the building ranges between 6.5 feet and 7 feet in width and consists of existing Oak trees and proposed 14 foot tall Live Oak trees and Cocplum hedge. Additional landscape materials utilized in the buffer include Indian Hawthorne, Firebush, Liriope, Lantana, White Stopper and Fakahatchee Grass. In response to staff’s request to eliminate sod in and around the parking lot, the applicant has substituted Perennial Peanut, which grows to a height of approximately 18 inches. The large planting bed dividing the rows of th parking and containing the pedestrian walkway from Southeast 4 Street is planted with Royal Palm trees and Ixora shrubs. The site plan tabular data indicates 28% of the subject site would be pervious landscaped area. The landscape data on sheets L -1 indicates that the project would have a total of 31 canopy trees of which 24, or 77% are native species; 50 palm trees of which 33, or 66% are native species; and 50% of the shrubs and groundcover plants are native species. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. th A monument sign is proposed on the north side of the entrance drive from Southeast 4 Street. The sign is proposed at 4 feet in height and will mirror the architecture and colors proposed for the building. In addition, wall signage is proposed on the front (Federal Highway) side of the building, over the doors of the retail space. 414 of 519 The site lighting will be accomplished through the use of 15 foot tall light poles. Both the pole and fixture will be white in color and the fixture will be recessed and shielded on all sides to direct light down and away from adjacent properties and rights-of-way to prevent glare and illumination spillage onto adjacent properties. The applicant also proposes to uplight two large oak trees on the site to accent the landscaping and site and provide a soft effect in the parking lot. Additionally, the applicant will provide bollard lighting to illuminate the resident courtyard area and associated pathways. The applicant has not determined at this time, the location or the type of artwork intended to satisfy the art in public places requirement. 7. Required setbacks and other open spaces. According to the site plan (Sheet SP-1), the building footprint will be 16,847 square feet which is 32.1% of the total site area. The pervious or green area totals 28% of the site, with a large centralized courtyard, wrapped by the building on the east, west and south sides. The courtyard will have a paver brick pathway through a landscaped area which includes a small pond. The site plan indicates the building is proposed to be placed within three (3) feet of South Federal Highway at the closest point, with the majority of the Federal Highway façade within 10 feet of the east property line, in compliance with the Mixed Use – Low 2 (MU-L2) requirements. Additionally, the applicant has provided a public plaza approximately 20 feet deep off of Federal Highway, by 30 feet in length, again in compliance with MU-L2 regulations. The site plan indicates the provision of a 10.3 foot setback from the south property line and 18.1 foot setback from the north property line, again in compliance with code requirements. The building is positioned forward on the site, along Federal Highway, to provide the urban edge contemplated in the Mixed Use districts. However, the th rear setback from the property line adjacent to Southeast 4 Street is approximately 133 feet, to accommodate the parking area. th The Federal Highway Corridor Redevelopment Plan contemplates Southeast 4 Street as having a greater pedestrian and commercial presence in the future. As part of that concept, it is envisioned th that buildings fronting on Southeast 4 Street would be positioned close to the street to promote the urban edge and pedestrian-friendly corridor. This site extends from Federal Highway west, th through to Southeast 4 Street. The requirement for parking to be placed behind the front building line and the discouragement of curb cut entrance to sites on Federal Highway in the redevelopment plan, increases the difficulty in locating the parking, providing needed access and turning movement for service providers (waste removal and fire rescue). The only opportunity to th bring the building further back on the site, abutting Southeast 4 Street, is to elongate the proposed building and placing the parking field in the area designed as the secluded courtyard, which would make service delivery movements more difficult, decrease the secluded nature of the courtyard amenity, change the view of the interior units from a courtyard to a parking lot and create longer hallways within the structure, placing residents further from the common areas and nursing stations on each floor. As a result, staff proposes to amend the MU-L2 district standards to allow flexibility for those projects with dual frontage and to include appropriate design standards, which in part, would address service access, building design and public access. Staff proposes to bring forward a code amendment to appropriately address these types of issues in the future. 8. General compatibility with adjacent properties, and other property in the zoning district. This will be the first project in this vicinity of South Federal Highway to be developed under the MU- L2 regulations, as the previous project designed for this site (Boynton Lofts) would have been the first under the MU-L regulations. The project is designed following all of the guidelines for development in this section of Federal Highway, it will just be the first project proposed to be constructed. The property to the north is vacant. The properties to the south contain small, one- story commercial buildings. As noted previously, the proposed building will meet the required setbacks and open space requirements, and will also comply with the Sky Exposure Plane 415 of 519 regulations, which are new since the approval of the previous Boynton Lofts project. The Sky Exposure Plane (SEP) requires stepbacks in the building or greater setbacks from property lines for taller structures, to ensure that buildings do not tower over other buildings, cast overly large shadows, and to eliminate sheer walls lacking architectural interest. The SEP regulations require all buildings to be constructed with a ratio of six (6) vertical feet to one (1) horizontal foot. The applicant has designed the building in compliance with these regulations and to create visual interest. The building elevations on sheets AB2.1 and AB2.2 include architectural features such as windows with awnings, two (2) different styles of decorative window awnings, two (2) different styles of balconies and balconettes, decorative accent tiles and cornices, storefront glass and doors with awnings along the Federal Highway façade and a covered drop off area on the west façade. The applicant has chosen a palette of soft earth tone colors, including three body colors to accent or highlight building features and assist in reduction of perceived mass of the building. These three colors include a beige color “Concord Bluff”, a tan color “Stonebriar” and a soft green color “Lemongrass”. The low band of color around the base of the building will be painted a reddish brown “Spiced Cider” and the trim/accent color will be a cream color “Creamy”. The fabric awnings will be soft blue grey in color. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The height of the proposed six-story building is depicted at 63 feet to the roof deck, with a height of 66 feet – 6 inches at the typical parapet roof line and 72 feet to the top of the elevator/stair tower. The additional height over the 65 foot maximum allowable height is an allowable exception under the Mixed Use regulations. As discussed above, the building complies with the Sky Exposure Plane (SEP) requirements and includes stepbacks at varying points to eliminate the appearance of sheer walls. Relative to the harmony and compatibility with surrounding properties and the City as a whole, the project is being designed in accordance with the guidelines for development along this portion of Federal Highway. Though it may seem out of scale with the small commercial buildings immediately to the south, the redevelopment plan envisions buildings with the height and mass as proposed by the subject project. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The development of this project should not have any adverse effect on property values within the area. The proposed development may be the first step in revitalizing this stretch of Fedral Highway. Although the limited mobility of the proposed facility’s residents would clearly limit their contribution to the critical mass of population found in many successful downtown areas, there should be primary and secondary impacts associated with job creation for commercial establishments in and near downtown, as well as a potential demand for residential dwellings. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City’s Land Development Regulations. With incorporation of staff comments noted within Exhibit “D” – Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 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. With incorporation of all conditions and staff recommendations contained 416 of 519 herein, the proposed building and use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 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 new site plan, 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 – Zoning, Section 11.2 Conditional Uses, a 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 initiate this project. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\ COUS 10-001 NWSP 10-004\Staff Report.doc 417 of 519 418 of 519 419 of 519 420 of 519 421 of 519 422 of 519 423 of 519 424 of 519 425 of 519 426 of 519 427 of 519 428 of 519 429 of 519 430 of 519 431 of 519 EXHIBIT "D" Conditions of Approval Project name: Timeless Life Care File number: COUS 10-001/NWSP 10-004 nd Reference: 2 review plans identified as a Conditional Use/ New Site Plan with an April 1, 2010 Planning and Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: X 1. At time of permit, provide FDOT approval for outfall to US-1. BUILDING DIVISION Comments: X 2. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. X 3. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. X 4. At time of permit review, submit signed and sealed working drawings of the proposed construction. X 5. This project falls under the guidelines of the Florida and Federal Fair Housing Acts. The dwelling units shall comply with the following requirements: A) An accessible building entrance on an accessible route shall be provided. B) Public and common use areas shall be readily accessible to and usable by people with disabilities. C) An accessible route into and through the covered dwelling unit shall be provided. X 6. At the time of permit review, submit details of reinforcement of 432 of 519 DEPARTMENTS INCLUDE REJECT walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. X 7. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. X 8. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. X 9. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26- 34) X 10. At time of permit review, submit separate surveys of each lot, parcel, or tract. X 11. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. X 12. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information must be submitted at the time of permit application: A) The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. B) All shoring and re-shoring procedures, plans and details shall be submitted. C) All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. X 13. If this project is located within the Downtown Stormwater Improvement Watershed, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. 433 of 519 DEPARTMENTS INCLUDE REJECT X 14. The hardscaped area (gazebo, fountain, etc.) shall be fully accessible for persons with disabilities to maneuver within the area. X 15. Each laundry room must be accessible per the Fair Housing Act. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 16. Approval of this project is contingent upon the approval of the accompanying requests for rezoning and variance approval. X 17. The applicant is responsible for compliance with Ordinance 05-060, the “Art in Public Places” program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\COUS 10-001 NWSP 10-004\COA.doc 434 of 519 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care APPLICANT’S AGENT: Bradley Miller - Miller Land Planning Consultants, Inc. APPLICANT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2010 TYPE OF RELIEF SOUGHT: Request Conditional Use / New Site Plan approval for a six-story, 144 bed, 92,897 square foot assisted living facility on a 1.21 acre parcel, zoned MU-L2. LOCATION OF PROPERTY: 623 S. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ 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 ____________________________________________________________ 435 of 519 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\COUS 10-001 NWSP 10-004\DO.doc 436 of 519 Assisted Living Beds Assisted Living Facilities/Beds NAMEADDRESS Number Occupied 127 120 CYPRESS GARDENS1935 S FEDERAL HWY 104 98 BOYNTON BEACH ASSISTEDLIVING FACILITY1708 NE 4TH ST 110 110 BARRINGTON TERRACE OF BOYNTON BEACH1425 S CONGRESS AVE 6 5 DOREEN'S ASSISTEDLIVING HOME3045 S SEACREST BLVD 9393 HOMEWOODRESIDENCE AT BOYNTON2400 S CONGRESS AVE 3835 PARKSIDE INN1613 SW 3RDST 9370 POINTE AT NEWPORT PLACE4735 NW 7TH CT 6 4 A HAPPIER HOME317 S SEACREST BLVD 3026 RUSTIC RETREAT1120 N FEDERAL HWY 103 SIMPSON ADULT CARE FACILITY1641 NW 5TH ST 6 5 SUNRISE ADULT CARE INC.1083 SW24TH AVE A NEW BEGINNING105 NE 11TH AVE6 4 THE ANCHORAGE2652 SE 2NDST 5 5 TOTAL 634 578 Overall Occupancy rate 91.2% Nursing Beds Nursing Homes/Beds NAMEADDRESS Number Occupied 2929 BARRINGTON TERRACE OF BOYNTON BEACH1425 S CONGRESS AVE HAMLIN PLACE2180 HYPOLUXO RD120100 MANORCARE HEALTH SERVICES (NURSING/REHAB)3001 S.CONGRESS AVE180153 BOULEVARDMANOR NURSING & REHAB2839 S. SEACRESTBLVD167154 HEARTLANDHEALTH CARE CENTER3600 OLDBOYNTON RD120110 TOTAL 616 546 Overall Occupancy rate 89% 437 of 519 438 of 519 10. A CITY MANAGER’S REPORT June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review update on Pain Management Clinic Regulations EQUESTED CTION BY ITY OMMISSION being explored following issuance of the Notice of Intent and commencement of a temporary moratorium, and accept staff recommendation to draft regulations for consideration based on findings to date. ER: The City Commission approved Resolution No. R10-020 on XPLANATION OF EQUEST February 2, 2010 thereby issuing a Notice of Intent (NOI) to consider the need for, and adopt pending development regulations under a 180-day moratorium period applicable to pain clinics, pain management clinics and other uses that dispense prescription pain medications. The evaluation or study would target the performance and operation of such uses, and their impacts upon adjacent businesses and land uses. If additional time is needed to study the subject uses and their impacts, and adopt any necessary amendments to the Land Development Regulations, the Commission may extend the NOI. However, if the moratorium is not extended, it would expire on August 1, 2010. This NOI and moratorium is in response to findings, announcements, and other information generated at national, state and county levels regarding the negative aspects of such uses which ultimately lead to, or support additions to, or deaths from, prescription pain medications. Such businesses are understood to have very limited treatment services and medical oversight, but primarily distribute addictive pain medications without appropriate, professional and ethical medical care. Specific documented findings include the U. S. Department of Health and Human Services releasing of data showing that prescription drug deaths are now the fourth leading cause of death in the United States. Further, the Florida Board of Medicine (the Board), at their meeting in December, 2008, cited the “rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances,” and concluded “there may be a need to develop rules and regulations for these clinics to provide oversight related to 439 of 519 evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;” The Board further notes that “an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use;”. Such events and information may have lead Florida’s Governor to sign a bill in July creating a statewide database that monitors prescription drug purchases by patients, with the intent to curtail “drug shopping” by patients which involves the patient visiting multiple pain clinics to obtain numerous prescriptions. Palm Beach County has reported an influx of “pain clinics and “pain management clinics”, and there is current legal action taken on one or more physicians suspected of the unethical and illegal dispensing of prescription pain medications. The County and many municipalities in the County as well as throughout the State have enacted similar moratoriums to begin addressing this problem. Subsequent to issuance of the NOI in February, Staff has 1) maintained contact with the County and other cities to stay abreast of their related actions; 2) observed the progress of the state legislature as they considered applicable state-wide regulations; 3) collected and reviewed Police Department reports on local incidences involving pain clinics within the City; and 4) collected and reviewed municipal regulations adopted within the area. This progress, along with a description of subsequent tasks to be accomplished, is described below: 1) County and County-wide efforts To date, Palm Beach County has not progressed toward completing a zoning study or drafting applicable regulations. Since issuing Boynton’s NOI, The Town of Lantana and Pompano Beach have adopted regulations to control pain clinics, both modeled after the ordinance adopted in Delray Beach in late 2009. The Intergovernmental Plan Amendment Review th Committee (IPARC) will discuss this topic at its next regular meeting scheduled for May 27. City staff will attend to continue looking for new findings, data, and proposed regulations from other jurisdictions that can contribute to our effort. 2) 2010 State Legislative session Staff understands that the final bill written to address pain clinics, if signed, will require such uses to register with the Florida Department of Health (which will help facilitate the conducting of background checks and annual inspections), and require the clinics to be owned by a licensed physician or be licensed as a “health care clinic” (as defined by State Law). The bill also prohibits the clinics from advertising the actual controlled substance. Further, when insurance is not used to purchase specified controlled substances, the dose prescribed cannot exceed a 72 hour supply (which totals 18 pills using a liberal prescription rate of 1 pill per 4 hours). Lastly, the bill would require that all physicians practicing in such clinics to essentially have special training in the field of pain treatment. 3) Incidents and crime at local clinics Police Department incident reports were collected for the past several years on known pain clinics and management centers located within the City. Of the nine (9) known businesses, five (5) of them have had repeated calls involving suspicious activity or vehicles, or break in and theft. Of those five (5) businesses, two of them have had five (5) calls each, again involving a combination of fraud, break-in/theft, or uncooperative patrons. The most critical aspect of this dilemma involving pain clinics is emphasized by information collected during the police investigation of a call to 1325 S. Congress Avenue (Southeast Pain and Rejuvenation) on th March 5. One of four (4) individuals traveling together from Kentucky described that certain individuals will travel such distances to obtain nearly 300 pills of Roxycodone for resale back in 440 of 519 Kentucky. This is a significant amount of medication compared to the typical dose prescribed by a doctor, and the prescription limit currently proposed by the State Legislature. This aspect of the pain clinic research is the most significant, relating to crime, drug addiction, and fatality, and was the impetus behind the many moratoriums enacted by local and county governments in Florida, as well as the cause of the recent attention given it by the State Legislature. As for subsequent action by staff, staff will request Police incident reports on adjacent and other medical businesses for comparison purposes, and is contemplating interviewing operators of adjacent businesses to determine if such businesses are negatively impacted by a neighboring pain clinic. 4) New zoning ordinances by other local municipalities As indicated above, staff has obtained and reviewed regulations recently adopted by others to regulate pain clinics. The two ordinances obtained for review are from Delray Beach and Lantana. They are generally similar, with the exception that whereas the Delray Beach ordinance centers on their new definition of a “Medical Office”, the heart of Lantana’s ordinance is in their amended definition for a “Clinic”. The ordinance adopted by the City of Pompano Beach has not been obtained for review, as it is understood to have been written based on the content of Delray’s ordinance. Both ordinances reviewed by staff target the action of direct dispensing of controlled substances, and specifically prohibit such service at either “Medical Offices” or “Clinics” with exceptions that include (consolidated and paraphrased): A. When the amount of the dispensed substance is only for that particular treatment session including care at an emergency room of a licensed hospital; B. When the substance is administered for in-patient care at a hospital, nursing home, etc.; C. When prescribed by a health care professional in connection with the treatment of a person under the age of 16; and D. When dispensing a one-time, 72-hour emergency resupply to a patient. It is obvious that such regulations would significantly impact the ability of such businesses to dispense large quantities of controlled pain medications, which otherwise attracts those individuals motivated by addictions and criminal intent, and who are circumventing the laws established by the Federal Government and health care industry. With respect to subsequent tasks, staff will continue to review and consider any ordinances adopted by other cities or counties as part of this project. Given the lack of current advancement by the County toward adopting relevant regulations, who had originally hoped for a consolidated effort with the County’s municipalities, Staff ultimately recommends that the Commission direct staff to draft an ordinance similar to Delray’s and Lantana’s, but tailored to match the City’s zoning structure. Notwithstanding the impact of any applicable public notification requirements, a first draft of this ordinance could be prepared for consideration by the Commission within 30 days. If generally approved by the Commission, the final wording would be prepared and forwarded to the Planning and Development Board before returning to the Commission for First Reading. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Direct staff to obtain and forward specific additional information not described LTERNATIVES herein prior to preparation of an ordinance. 441 of 519 442 of 519 443 of 519 444 of 519 445 of 519 446 of 519 447 of 519 448 of 519 10. B CITY MANAGER’S REPORT June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-072 - Approve the EQUESTED CTION BY ITY OMMISSION implementation of the Land Swap Agreement for property in the Martin Luther King, Jr. Blvd. corridor between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA). ER: For more than 20 years, the City of Boynton Beach has been engaged XPLANATION OF EQUEST in acquiring property in the MLK Blvd. corridor, either through tax forfeiture or for the purpose of removing unsafe and blighted structures. Following the adoption of the Heart of Boynton Community Redevelopment Plan in 2001, the CRA also became involved in property acquisition in the vicinity of MLK and Seacrest, with the intent of assembling a developable parcel that would allow for the implementation of the first phase of the Heart of Boynton Plan. To this end, it was agreed that the City would focus its land assembly efforts in the MLK Corridor west of Seacrest, an area where the Heart of Boynton Plan called for the development of new single family housing. The CRA, on the other hand, would concentrate on the east side of Seacrest where the Plan called for multi-family and mixed use development. At it meeting of May 11, 2010 the CRA Board approved the enclosed Land Swap Agreement. The parcels to be traded are numbered and shown on attachment “A”, the individual property information is provided on attachment “B” and the parcel ownership, once the Land Swap Agreement is completed, is shown on attachment “C”. H? The purpose of this land swap is to carry out OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the intent of the Heart of Boynton Plan by concentrating and creating, to the extent possible, larger parcels under single ownership that would increase the likelihood of securing feasible redevelopment proposals. 449 of 519 FI: The standard land transfer costs will be borne by each party. ISCAL MPACT A: Do not implement the Land Swap Agreement and allow each entity to continue to hold LTERNATIVES . on to its present property City Manager Note: There may be an additional procedural step that may require the CRA to publish a legal notice. This should not affect the timeline for the transfer of property. It is recommended that the City Commission proceed with authorizing the land swap and staff will follow-up with the CRA to address notice requirements that is specified in Section 163.380 Florida Statutes. 450 of 519 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LAND SWAP AGREEMENT, INCLUDING ITS ATTACHMENTS, BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROPERTY IN THE MARTIN LUTHER KING JR BLVD CORRIDOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton beach has been engaged in acquiring property in the MLK Blvd corridor either through tax forfeiture or for the purpose of removing unsafe and blighted structures; and WHEREAS , the CRA has also become involved in property acquisition in the MLK and Seacrest vicinity following the adoption of the Heart of Boynton Community Redevelopment Plan in 2001; and WHEREAS, it was agreed that the City would focus its land assembly efforts in the MLK corridor west of Seacrest and the CRA would concentrate on the east side of Seacrest; and WHEREAS, in order to carry out the intent of the Heart of Boynton Plan it is necessary to swap land between the City and the CRA; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize execution of the Land Swap Agreement and its attachments between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for property in the Martin Luther King Jr Blvd corridor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. 451 of 519 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor and City Clerk to execute a Land Swap Agreement, including its attachments, between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the property identified therein in the Martin Luther Ling Jr Blvd corridor, a copy of said Land Swap Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 452 of 519 LAND SWAP AGREEMENT BY AND BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THIS LAND SWAP AGREEMENT (the “Agreement”) is made on this ____ day of ________, 2010, by City of Boynton Beach and between the , a Florida municipal corporation (hereinafter referred to as the “CITY”), Boynton Beach Community Redevelopment Agency and the , a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter referred to as the “CRA”). Exhibit A WHEREAS, the CITY owns six (6) parcels of real property, more particularly described in (hereinafter the “City Parcels”) and the CRA owns seven (7) parcels of real property, more particularly described Exhibit B in (hereinafter the “CRA Parcels”), within the City limits and in Palm Beach County, Florida. WHEREAS, pursuant to the Florida Interlocal Cooperation Act of 1969, §§163.01 – 163.07, Florida Statutes, the CRA and the CITY are allowed to make the most efficient use of their powers to cooperate with each other on a basis of mutual advantage for the benefit and development of local communities. WHEREAS, the development of the Martin Luther King Corridor Project Area is in the collective public interest of the CITY and the CRA, the CITY and the CRA have mutually agreed to the exchange of the City Parcels with the CRA Parcels. THEREFORE, in consideration of the premises, the mutual covenants and promises herein contained, the parties hereby covenant and agree as follows: 1. CONVEYANCE AND CONSIDERATION: The CRA shall convey its title in the CRA Parcels, together with all rights and appurtenances pertaining to the real properties, including any right, title, and interest of the CRA in and to adjacent streets, alleys, or rights-of- way together with any improvements, fixtures, and personal property situated on and attached to said parcels, in exchange for the conveyance by the CITY to the CRA of the City Parcels, together with all rights and appurtenances pertaining to the real properties, including any right, title, and interest of the CITY in and to adjacent streets, alleys, or rights-of-way, together with any improvements, fixtures, and personal property situated on and attached to said parcels. The CITY and the CRA hereby waive any and all warranties, express or implied, and understand and accept that the City Parcels and the CRA Parcels are being transferred in AS IS condition. The transfer of title of the City Parcels and the CRA Parcels shall be effectuated by Quit Claim Deed in Exhibit C Exhibit D substantial compliance of approved form attached hereto in and . 2. REPRESENTATIONS AND WARRANTIES: The CRA and the CITY hereby represent and warrant to each other as follows: a) There are no parties in possession as lessees, tenants at sufferance, or trespassers of any portion of the CRA Parcels and the City Parcels, except as disclosed below: - Commercial Lease Agreement by and between the CRA and Glaston Sims d/b/a Alex Sims Barber Shop. Month to Month Lease with a total monthly rent amount of $710.36 dollars for Unit A of building located at 909 N Seacrest Boulevard, Boynton Beach, Florida 33435 (CRA Parcel 5). - Commercial Lease Agreement by and between the CRA and Solomon Mack and Evangeline Mack d/b/a Ruby’s Beauty Center. Month to Month Lease with a total monthly rent amount of 453 of 519 $515.46 dollars for Unit B of building located at 909 N Seacrest Boulevard, Boynton Beach, Florida 33435 (CRA Parcel 5). b) There is no pending or threatened condemnation or similar proceeding or assessments affecting the CRA Parcels and the City Parcels, or any part thereof. c) There are no unpaid assessments or unpaid taxes relating to the CRA Parcels and the City Parcels, except for the following: - Tax Certificate No. 2003-012683 affecting property located at 137 Martin Luther King Boulevard, Boynton Beach, Florida (CITY Parcel 5) which shall be paid at closing. th - Municipal Liens imposed by Resolution No. 01-45 affecting property located at NW 11 Avenue, Boynton Beach Florida (CRA Parcel 1) which shall be paid at closing. d) The CRA Parcels and the City Parcels have full and free access to and from public highways, streets, or roads and, there is no pending or threatened governmental proceeding which would impair or result in the termination of such legal access. 3. CONDITIONS PRECEDENT TO CLOSING: The conditions precedent to consummate the exchange as contemplated by the terms and provisions of this Agreement are subject to the satisfaction of each of the following closing conditions (any of which may be waived in whole or in part by the CITY and CRA): a) Acceptability of Title. The CITY and the CRA shall obtain a title search report on each of the City Parcels and CRA Parcels, respectively. Each party shall give written notice to the other party on or before the expiration of ten (10) days after receiving such results of title that the condition of title as set forth therein is or is not satisfactory. On receipt thereof the CITY or the CRA shall promptly undertake to eliminate or modify all objections to the reasonable satisfaction of the other party. In the event the CITY or the CRA is unable to respond to objections within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, said condition shall be deemed to be acceptable, and any objection thereto shall be deemed to have been waived for all purposes. b) Survey. The CITY and CRA shall furnish a current boundary survey of each of the City Parcels and the CRA Parcels, prepared by a licensed and registered surveyor. The CITY and the CRA will have ten (10) days after receipt of such survey to review and approve same. In the event such survey discloses encroachments or other issues that are unacceptable to the CITY or to the CRA, then said party shall notify the other of such fact. If the CITY or the CRA chooses not to take actions to correct unacceptable portions of the survey or is unable to do so, then the CITY or the CRA may terminate this Agreement. c) Lien Search. The CITY and the CRA shall deliver a clear lien search report on each of the City Parcels and the CRA Parcels, respectively. d) Board Approval. The CITY and the CRA shall obtain approval from its governing body on or before ________________, 2010. 4. CLOSING DATE AND COSTS: The closing of the land swap transaction shall be conducted by the law firm of GOREN, CHEROF, DOODY & EZROL, P.A. within fifteen (15) days of execution of this Agreement. a) CITY’s Closing Costs: The CITY shall pay for the costs of title search reports and surveys for each of the City Parcels; nominal documentary stamps on the deed; costs of unpaid taxes or assessments of City’s 454 of 519 parcels, attorney’s fees and the recording costs of the deed from the CRA in the public records of Palm Beach County, Florida. b) CRA’s Closing Costs: The CRA shall pay for the costs of title search reports and surveys for each of the CRA Parcels; nominal documentary stamps on the deed; costs of unpaid taxes or assessments of CRA’s parcels, attorney’s fees and the recording cost of the deed from the CITY in the public records of Palm Beach County, Florida. Additionally, the CRA shall assign its interest in the Commercial Lease Agreements for Units A and B of CRA Parcel 5 to the CITY pursuant to an Assignment of Rent and Leases executed by the parties at closing. 5. MISCELLANEOUS PROVISIONS: a) Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the Federal or State Courts in Palm Beach County, Florida. b) Entire Agreement. All prior understandings and agreements between the CITY and the CRA with regard to any subject matter contained herein are merged in this Agreement. This Agreement completely expresses their full agreement. Any modification of this Agreement shall be in writing and executed by the parties. c) Effective Date. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties and the Escrow Agent. d) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals e) Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. f) Severability. In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first mentioned above. CITY OF BOYNTON BEACH, a Florida Municipal corporation ATTEST BY: __________________________________ By: José Rodriguez, Mayor ___________________________ City Clerk Date executed: ____________ 455 of 519 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY _______________________________ __________________________________ Witness By: _________________________ Title: ________________________ _______________________________ Witness Date executed: ____________ 456 of 519 EXHIBIT A CITY PARCELS LEGAL DESCRIPTION 1. PCN 08-43-45-21-10-005-0090 / Martin Luther King Boulevard Lot 9, Block 5 of PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County, Florida. 2. PCN 08-43-45-21-10-005-0100 / Martin Luther King Boulevard Lot 10, 11, 12 and 13, Block 5, of Palm Beach Country Club Estates, according to the map or plat thereof as recorded in Book 11, Page 43, Public Records of Palm Beach County, Florida; 3. PCN 08-43-45-21-04-000-0202 / 206 Martin Luther King Boulevard South 100 feet of the West 5 feet of Lot 20, and Lots 21 and 22 of ROBERT WELLS’ SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida, LESS the North 10 feet for road right-of-way purposes. th 4. PCN 08-43-45-21-10-004-0130 / 151 NE 9 Avenue Lot 13, Block 4 of PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County, Florida. 5. PCN 08-43-45-21-25-001-0040 / 137 Martin Luther King Boulevard Lots 4 and 5, Block 1 of FRANK WEBBER ADDITION TO BOYNTON, according to the plat thereof, as recorded in Plat Book 9, Page 3 of the Public Records of Palm Beach County, Florida, LESS and EXCEPT the South 10 feet thereof. th 6. PCN 08-43-45-21-27-001-0260 / NE 10 Avenue The East ½ of Lot 26, Block 1 of E. ROBERTS ADDITION, according to the Plat thereof, as recorded in Plat Book 1, Page 123 of the Public Records of Palm Beach, County, Florida. 457 of 519 EXHIBIT B CRA PARCELS LEGAL DESCRIPTION th 1. PCN 08-43-45-21-24-000-0101 / NW 11 Avenue The North 100 feet of Lot 10 of MEEKS ADDITION TO BOYNTON, according to the plat thereof, as recorded in Plat Book 9, Page 54, LESS and EXCEPT that portion of the East 50 feet of the North 100 feet lying East of the proposed Westerly right-of-way line of Seacrest Boulevard, as conveyed to the State of Florida by deed recorded in Official Records Book 2840, Page 1870 of the Public Records of Palm Beach County, Florida. 2. PCN 08-43-45-21-24-000-0103 / North Seacrest The South 50 feet of Lot 10 of MEEKS ADDITION TO BOYNTON, according to the plat thereof, as recorded in Plat Book 9, Page 54, LESS and EXCEPT the East 20 feet conveyed to the State of Florida by deed recorded in Official Records Book 2840, Page 1874 of the Public Records of Palm Beach County, Florida. th 3. PCN 08-43-45-21-19-000-0130 / 124 NW 11 Avenue The East 50 feet of the West 456.03 feet of Lot 7 of WM. M. LANEHARTS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 1, Page 35 of the Public Records of Palm Beach County, Florida. th 4. PCN 08-43-45-21-09-000-0012 / 112 NW 10 Avenue Lot 1, LESS the West 7.5 feet thereof, HILLTOP VILLAGE, according to the plat thereof, as recorded in Plat Book 24, Page 70 of the Public Records of Palm Beach County, Florida. 5. PCN 08-43-45-21-07-004-1450 / 909 North Seacrest Lot 145, Block D of BOYNTON HILLS, according to the plat thereof, as recorded in Plat Book 4, Page 51, LESS and EXCEPT that part of Lot 145, Block D which is included in the external area formed by a 20 foot radius arc which is tangent to the Northerly line of said Lot 145 and tangent to the East line of said Lot 145, of the Public Records of Palm Beach County, Florida; 6. PCN 08-43-45-21-07-004-1460 / 905 North Seacrest Lot 146, Block D of BOYNTON HILLS, according to the plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. th 7. PCN 08-43-45-21-07-004-1470 / 103 NW 8 Avenue Lot 147, Block D of BOYNTON HILLS, according to the plat thereof, as recorded in Plat Book 4, Page 51, LESS and EXCEPT that part of Lot 147, Block D which is included in the external area formed by a 20 foot radius arc which is tangent to the East line of said Lot 147 and tangent to the South line of said Lot 147, as conveyed to the State of Florida by deed recorded in Official Records Book 2840, Page 1850 of the Public Records of Palm Beach County, Florida. 458 of 519 EXHIBIT C QUIT CLAIM DEED FROM CITY TO CRA PNC: 08-43-45-21-10-005-0090 08-43-45-21-10-005-0100 08-43-45-21-04-000-0202 08-43-45-21-10-004-0130 08-43-45-21-25-001-0040 08-43-45-21-27-001-0260 QUIT CLAIM DEED City ofBoynton THIS QUIT CLAIM DEED made on this ____ day of ____________, 2010 by and between the Beach, a Florida municipal corporation , whose post office address is 100 E Boynton Beach Boulevard, Boynton Beach, Florida Boynton Beach Community Redevelopment Agency, a Florida public 33435 (hereinafter referred to as "Grantor") and the body corporate and politic created pursuant to Section 163.356 F.S , whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33435 (hereinafter referred to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires. W I T N E S S E T H: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and quit-claimed to said Grantee and Grantee’s successors and assigns forever the following described real property situate, lying and being in PALM BEACH County, Florida, to wit: SEE ATTACHED LEGAL DESCRIPTION IN EXHIBIT A SUBJECT TO: Taxes for current year and subsequent years, restrictions, reservations, easements and other matters of record. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of said Grantee forever. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written. CITY OF BOYNTON BEACH Signed, sealed, and delivered in the presence of: Witness By: José Rodriguez, Mayor (Print Name) Witness (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH José Rodriguez, as Mayor of The foregoing instrument was acknowledged before me this _____ day of ___________, 2010 by the City of Boynton Beach, a Florida municipal corporation , on behalf of the City, who is personally known to me or has produced a Florida Driver’s License as identification. 459 of 519 NOTARY PUBLIC 460 of 519 EXHIBIT D QUIT CLAIM DEED FROM CRA TO CITY PNC: 08-43-45-21-24-000-0101 08-43-45-21-24-000-0130 08-43-45-21-19-000-0130 08-43-45-21-09-000-0012 08-43-45-21-07-004-1450 08-43-45-21-07-004-1460 08-43-45-21-07-004-1470 QUIT CLAIM DEED Boynton Beach Community THIS QUIT CLAIM DEED made this ____ day of July, 2008 between the Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S , whose post City of office address is 915 South Federal Highway, Boynton Beach, Florida 33435 (hereinafter referred to as "Grantor") and the Boynton Beach, a Florida municipal corporation whose post office address 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425(hereinafter referred to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires. W I T N E S S E T H: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and quit-claimed to said Grantee and Grantee’s successors and/or assigns forever the following described real property situate, lying and being in PALM BEACH County, Florida, to wit: SEE ATTACHED LEGAL DESCRIPTION IN EXHIBIT A SUBJECT TO Grantor’s reversionary interest as more definitively described in that certain Development Agreement entered into by and between Grantor and Grantee dated June 10, 2008, being simultaneously recorded with this deed in the Public Records of Palm Beach County, Florida. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of said Grantee forever. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written. BOYNTON BEACH COMMUNITY Signed, sealed, and delivered REDEVELOPMENT AGENCY in the presence of: Witness By: _____________________________ Title: ___________________________ (Print Name) Witness (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _____ day of ______________, 2010 by _____________________________, as _____________ of the Boynton Beach Community Redevelopment Agency, on behalf of the Agency, who is personally known to me or has produced a Florida Driver’s License as identification. 461 of 519 NOTARY PUBLIC H:\2010\100219\Land Swap Agreement.doc 462 of 519 463 of 519 464 of 519 465 of 519 466 of 519 467 of 519 468 of 519 469 of 519 470 of 519 471 of 519 10. C CITY MANAGER’S REPORT June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: City staff requests City Commission review and comment EQUESTED CTION BY ITY OMMISSION on the draft FY 2010 / 2011 General Government and Utility Capital Improvement Plans. ER: During Budget review each year, the City Commission reviews the XPLANATION OF EQUEST Capital Improvement Plan (CIP). The funding sources and expenditures in the CIP have a direct impact on the City’s ability to finance general operating expenditures. Therefore, the CIP is not only a roadmap for infrastructure construction and repair; it also is an integral component in the overall financial portfolio of the City. It has been the custom in the last six years to provide the City Commission a sneak peek of the working draft of the CIP prior to actual budget review and final budget adoption in September. This early preview affords the Commission an opportunity to ensure that the CIP is addressing the overall needs of the public based upon information that may be given directly to the Commission members and not necessarily to City staff. It is the consolidation of all needs, perspectives, desires and opinions that helps to formulate a capital plan that truly reflects the wishes of the community. The CIP must present realistic funding sources and expenditures so that our implementation pledge to the public can be fulfilled. GENERAL GOVERNMENT CIP The general government CIP considers all improvements that are not utility related. This CIP includes general government, parks/recreation and streets/transportation systems. New this year is a CIP component specifically to identify sustainable projects and other significant grant funded projects such as the Seacrest streetscape project. The plan breaks each of these components into their own cost centers so that one can easily identify the public investment in each area. 472 of 519 As noted, staff is presenting a working draft of the CIP that will be presented in final form for Commission review in July. The CIP is always a living document because needs obviously change over time based upon changing needs and priorities. The CIP will also change based upon varying revenues such as gas taxes and public service taxes. For example, staff is projecting a transfer of 100% of the public service tax revenue in FY 2010/11 to the City’s general fund to support operating expenses. Although this is one component of the CIP, it illustrates how declining sources of funds are affecting many aspects of our ability to provide public services. It is anticipated that this CIP revenue source will not be available for construction needs for two years (FY 2010-2011 and FY 2011-2012). It is important to note that the CIP contemplates only projects that support the maintenance of our existing infrastructure, with the exception of Congress Community Park whose funding source is remaining developer contributions for Park Impact Fees. There are no new initiatives and all other new Parks projects, for example, have been completely removed from the future five year plan until such time that revenues improve. As a further example, construction of new sidewalk has been eliminated in deference to funding maintenance of existing failed sidewalk. Lastly, this Plan does not consider construction of a new Police Facility nor does it include funding for renovation of the old high school. Planning for these facilities can be considered only if new revenues are identified for repayment of debt. Last year, the City deferred a number of capital projects in order to allow a transfer for two years from the capital fund to the general fund in the amount of $3.144M each year, including FY2010011. Furthermore, as noted above, the public service tax contribution to the CIP will be deleted in the next five years yielding a total reduction in CIP funding of $3.6M., $1.0M of which will be used to balance the operating budget in FY2010/11. The Draft FY 20010/11 Budget CIP and the Adopted 2009/10 CIP are both attached for comparison purposes. A minimal number of small projects have been added, deleted or amended and because these projects are typically low cost and related to maintenance, staff will not be commenting specifically herein about these elements. However, a few notable changes have been made to the proposed plan compared to the approved 2007/08 CIP. Discussion of these change, and funding impacts, are as follows: Project or Issue Discussion of Change CP0323 - Security This project allocates annual funding for capital change out or additions of proximity card panel, large scale changes to lock hardware, and video systems. Of note is the increase to $50k in 2012/13 when staff plans to re-key the entire City door system. CP0703 – Carpet Staff has deleted carpet replacement in 2010 and 2011 in order Replacement to save funding for operating expenses. Total savings/deferral is $155k. CP0801 – ADA This project was planned over several years and is intended to Compliance/City Hall address a number of minor deficiencies and provide upgrades Complex Evaluation to existing ADA issues in our buildings. The project will be deferred and begin in 2012/13. Total deferral is $800k. CP0812 – General This line item provides funding for small scale capital projects Building Infrastructure such as plumbing, electrical, etc. The work is being reduced upgrades by $40k total the next two years. GG1006 – School This project includes hurricane windows and repair to wood Museum Renovation floors. Project is being funded by HUD in the amount of $294k. GG1203 – City Hall Goal of this project was to improve lighting. The larger 473 of 519 Parking Lot landscaping project will be deferred until 2014/15 when revenues improve. and lighting Short term, staff will place new wall pack lighting over entry doors to City Hall in FY 2010/11. GG NEW – City Hall Staff had been deferring work on the City Hall chiller tower Chiller pending final disposition of City Hall and the Police Facility. This chiller project must move forward. GG NEW – Misc Line item provided to paint building exteriors throughout the Exterior Painting City. CP0617 – Congress Staff will make recommendation on this project in June 2010. Community Park Recommendation to include use of Park Impact Fee funds and grant funds. Gap funding will be sought through the newly formed Foundation (501.c3). RP1102 – FPL Park Project deferred from 2013/14 to FY 2014/15 pending funding. RP1103 – Hester Ctr This Police Athletic League project being deferred until Dugouts 2014/15 pending funding. RP1302 – Boat Club This project deferred from FY12/13 to FY14/15 pending Park Bait Shop repairs funding. RP1401/2 – Art Center This project is being deleted in its entirety from the Plan. nd 2 Floor RP1201 – Oceanfront This project is being accelerated to FY 2010/11. It is staff’s Park Automated Parking opinion that a new parking fee collection process will allow System for better compliance and increased revenues, particularly given the intensive use of this park. RP1305 – Meadows This project is being deferred to FY2014/15 pending funding. Park Oceanfront Park This project involves replacement of the lifeguard, snack shop Building Replacement and shower buildings. All are aging rapidly and need replacement. Design planned for FY2010/11. Construction beginning late 2012 pending funding. Pioneer Canal Boat This project is being deleted in its entirety from the Plan Ramp NEW – Civic Center Project entails replacement of old ceiling tile and inefficient Ceiling lighting in the program room. Planned for FY 1013/14. CP0264 – Sidewalk New sidewalk construction will be deferred until funding Construction improves. This will allow resources to still be applied to failed existing sidewalk. UTILITIES CIP The Utilities CIP encompasses five (5) broad areas of the Utility. They include the Regional Wastewater Treatment Plant, Neighborhood Utility Improvements, Water Supply and Plant Improvements, Wastewater System Improvements, and Studies/Analyses/Miscellaneous. The Utility includes water, wastewater and stormwater related issues. The Utility works within a consumptive use permit issued by the South Florida Water Management District (SFWMD) which dictates the amount of natural resource that can be withdrawn for treatment and distribution. We have a 20-year permit from SFWMD. The Utility works within regulations that set the parameters for the quality of water that is distributed to the customers. The Utility has guidelines and regulations for treatment and disposal of wastewater to ensure protection of the environment. The 474 of 519 Utility has guidelines and regulations for the handling of stormwater to, again, protect the environment and to replenish the natural resource. The CIP reflects improvements to meet regulatory requirements, rehabilitation needs, and improvements based on studies or reports from staff and citizen or customer information, which demonstrate needs in the system. Like the General Fund CIP, the Utility CIP is a living document that lays out the plan for improvements, rehabilitations and expansions to meet the demands of both the regulators and customers. Listed below are immediate changes to the CIP plan for the coming year. NE3rd Street stormwater To allow for stormwater study and design of improvements to improvements solve drainage problems in the area east of Seacrest, N. of B.B. Blvd, and south of MLK Blvd. Sewer pipeline rehab Reduced from $3.5 million to $2.5 million, based upon analysis of sewer inspection televising records East Plant Rehabilitation Increased from $4 million to $21.064 million based upon scope of improvements required due to new Groundwater Rule requirements and to achieve upgrade to 24 MGD Water Plant building Added due to condition of A/C units and other mechanical repairs systems. Floridan Wells and raw Deleted due to regulatory restrictions preventing use of water main Floridan aquifer prior to 2028 ($2 million) Master lift station Deferred until 2012, based upon analysis of electrical mechanical and components electrical rehabilitation (LS 316 & 319) Renew LS 412 Increased by $100,000 due to additional scope of work necessary for moving station and installing additional pipeline Electrical upgrades and Deferred until 2012 due to lack of need at this time. VFD’s for master lift Additional growth may warrant some of these changes in the stations 356, 317, 309, future ($500,000) 801 Water Meter reading Wireless tower – fixed base reading to improve reading, this improvements adds $121,000 and also times the improvements with warranty meter replacement Purchase 5 emergency Reduced from $140,000 to $26,000. Current coverage generators requires only one additional unit at this time. Various water These projects were scheduled to commence in FY 2011/12, distribution but have been deferred beyond the 5-year planning period due enhancements to to the reduction in growth potential prompted by the increase hydraulic economic slowdown. capacity Note: Given the increase in project scope for the East Water Plant Refurbishment, the following is a more detailed description of the components in this particular project: CIP East Water Plant Refurbishment As part of the Consumptive Use Permit we intend to pump surplus water from the western well field to the East Plant and upgrade the capacity of that plant to 24MGD. The results of a recent engineering 475 of 519 study has prepared an estimate for both required and recommended improvements to achieve this and also meet the needs of the Groundwater Rule. The required improvements include upgrading and re- commissioning the east softening basin, modifications to accommodate the Groundwater Rule, additional lime storage and replacement of the electrical switchgear and a new emergency generator. The recommended improvements include a new 3-4MG storage tank and new more efficient high service pumps. The estimates have been added to the projected needs for the plant over the next three years and total $16M. Both recommendations will have operational costs benefits including reduced energy consumption. Wellfield interconnect project with Ion Exchange unit at West Plant This project has been included in the CIP since it was developed through a Business Case Evaluation completed in 2006. It involves constructing approximately 6 miles of new piping, a new pumping station to pump the water from the west wellfield to the East Plant, and an Ion Exchange unit located at the West Plant to pre-treat the water, preparing it for final treatment at the East Plant. The Utility CIP is planned over a multiyear time-line. This demonstrates the time when funds are needed for expenditure. Funds are not “re-budgeted” each year, if a project is delayed for any reason, funds in future years may be revised or spread out in a longer term. An example of this scenario is the Lake Boynton Estate Neighborhood project, there are no current or future funds visible on the CIP, but this project is still listed, previously planned funds are noted and this project has been delayed due to actual funding available. Seacrest Corridor Neighborhood project is also an example. If a project is cancelled funds are “zeroed” out, all of this is accomplished in coordination with the Finance Department. PROGRAM IMPACT: All projects have unique impacts on various programs and services in the City. FISCAL IMPACT: In these tough financial times, it is necessary to scale back on capital improvements in order to support other essential operating division functions throughout the City. Any significant additions to the CIP at this time will require an offsetting increase in the property tax millage rate or corresponding cost reduction in a City operating department. General Government, Parks and Transportation Projects As noted, this portion of the CIP contemplates principally those projects that are related to maintenance of existing infrastructure. Expenditures for capital projects, exclusive of the Congress Avenue Park funded by Impact Fees, by years are as follows: 2010/11 $2,873,000 2011/12 $1,554,000 2012/13 $4,008,000 2013/14 $2,307,000 2014/15 $2,090,000 Total $12,832,000 This total expense of nearly $13,000,000 over the next five years assumes that $4,000,000 will be borrowed in 2012/13. Absent these borrowed funds, a commensurate amount of maintenance projects must be eliminated. This action could cause buildings and/or parks to be in disrepair and perhaps unavailable for public use. Utilities CIP 476 of 519 The Utilities CIP is funded by net revenues over operations, and capital facilities charges for system expansion projects. The Utility borrows “construction funds” to accomplish projects, the utility uses future revenues as a basis to borrow debt. Within the operating budget there is a debt service component (this is the obligation to pay back debt). A debt service coverage requirement is stated in “borrowing documents” to guarantee to lenders that the Utility is stable and has the ability to pay back debt. The Utility also utilizes grant programs where ever possible, typically this requires matching funds and services. Along with the General Fund the Utility is experiencing financial constraints however, the Utility is benefiting from very good contract pricing to accomplish needed improvements. ALTERNATIVES: Staff welcomes City Commission comments and creativity regarding the proposed FY 10/11 Budget and Five Year Plan. Based upon comments received, the final CIP will be developed for review during the July budget meetings 477 of 519 478 of 519 479 of 519 480 of 519 481 of 519 482 of 519 483 of 519 484 of 519 485 of 519 486 of 519 487 of 519 488 of 519 489 of 519 490 of 519 491 of 519 492 of 519 493 of 519 12. A NEW BUSINESS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider request for the City Commission to conduct a EQUESTED CTION BY ITY OMMISSION preliminary review of a proposed amendment to the Land Development Regulations intended to implement the Heart of Boynton Redevelopment Plan and further redevelopment efforts through the expansion of areas eligible for rezoning to the Infill Planned Unit Development (IPUD) zoning district. ER: Planning and Zoning staff have been meeting with CRA staff to XPLANATION OF EQUEST discuss opportunities to utilize the Infill Planned Unit Development (IPUD) zoning regulations to further efforts to revitalize areas within other redevelopment areas outside the Federal Highway Corridor Community Redevelopment Plan. One such opportunity lies within the Heart of Boynton (HOB) Redevelopment Area on the properties formerly occupied by the Boynton Terrace apartment buildings along North Seacrest Boulevard. The CRA is in the process of seeking a viable development plan for the above-mentioned parcels and would like appropriate zoning regulations to match the vision contained within the Heart of Boynton Redevelopment Plan. The IPUD zoning regulations allow the flexibility of design and commensurate density regulations envisioned. Currently however, the IPUD regulations are only designated for Study Areas I and V, which are limited to the north and south portions of Federal Highway. Staff is recommending a modification of the existing IPUD zoning regulations to allow the district within the Heart of Boynton Redevelopment Plan. Should the City Commission wish to move forward with the amendment, staff will draft the requisite report and forward the information to the Planning and Development Board before returning it to the commission in ordinance form. Please see attached map from Federal Highway Plan showing the Study Areas. Note that this proposal would allow the IPUD zoning classification into an area outside the Federal Highway Corridor area. Staff should note in their report to the Planning and Development Board, the projected impact of IPUD zoning on adjacent single-family areas. 494 of 519 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not amend existing regulations thereby preventing application of the IPUD LTERNATIVES zoning district to the Heart of Boynton Redevelopment Area. 495 of 519 496 of 519 13. A LEGAL June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-011 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve rezoning of the property from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2), (Timeless Life Care, REZN 10-001) located at 623 South Federal Highway (west side of Federal Highway between SE 5th Avenue and SE 6th Avenue. ER: The request to rezone the above property is consistent with XPLANATION OF EQUEST the goals and objectives of the Comprehensive Plan, the intent of the Federal Highway Corridor Community Redevelopment, and is prompted by a Condition of Approval for the 2009 site plan time extension for the property, requiring the rezoning of the property from MU-L to MU-L2 for any major modifications to the site plan. The MU-L zoning district is being phased out and replaced by three new planned districts, MU-L1, MU-L2 and MU-L3, in order to allow for more flexibility in the implementation of the city’s redevelopment plans. Compared with the existing MU-L zoning district, the proposed MU-L2 district has a lower maximum height (65 feet versus 75 feet) and lower development density (30 versus 40 dwelling units per acre). The proposed use is for Timeless Life Care, an assisted living facility of 87 units/144 beds and retail space (1,000 square feet) on 1.21 acres. The application for a new site plan/conditional use is being processed concurrently. The Planning and Development Board, reviewed the request on April 27, 2010 and forwards it with a recommendation for approval. For information and conclusions from staffs research on local ALFs and the Timeless Life Care company, see the corresponding conditional use item (COUS 10-001). 497 of 519 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny the rezoning. LTERNATIVES 498 of 519 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF EASTSIDE LOFTS DEVELOPMENT, LLC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 623 SOUTH FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN, FROM MIXED USE-LOW INTENSITY (MU-L) TO MIXED USE-LOW INTENSITY 2 (MU-L2); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Bradley Miller, of Miller Land Planning Consultants has filed a petition on behalf of the owner to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located at 623 South Federal Highway, is hereby rezoned from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2): LOTS 5, 6, 7, AND 8, LESS THAT PORTION CONVEYED TO THE STATE OF FLORIDA FOR ROAD RIGHT OF WAY IN OFFICIAL RECORD BOOK 123, PAGE 263 AND OFFICIAL RECORD BOOK 615, PAGE 479, BLOCK C, PENCE SUBDIVISION NO. 1, ACCORDING TO 499 of 519 THE PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 33. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2010. 500 of 519 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 501 of 519 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-029 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras Senior Planner DATE: March 11, 2010 PROJECT NAME/NO: Timeless Life Care / REZN 10-001 REQUEST: Rezone the property from Mixed Use-Low Intensity (MU-L) to Mixed Use- Low Intensity 2 (MU-L2) PROJECT DESCRIPTION Property Owner/Applicant: Eastside Lofts Development , LLC Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Location: 623 South Federal Highway (see Exhibit “A” – Location Map) Existing Land Use: Mixed Use (MX) Existing Zoning: Mixed Use-Low Intensity (MU-L) Proposed Land Use: No change proposed to land use classification Proposed Zoning: Mixed Use-Low Intensity 2 (MU-L2) Proposed Use: Assisted Living Facility: 87 units/144 beds and Retail (1,000 square feet) Acreage: 1.21 acres Adjacent Uses: Vacant commercial property classified Local Retail Commercial (LRC) North: land use and zoned Community Commercial (C-3); Developed commercial properties (offices) classified Local Retail South: Commercial (LRC) land use and zoned Community Commercial (C-3); Developed multi-family residential (Sterling Village) classified High East: Density Residential (HDR) land use and zoned Multi-family Residential (R-3); 502 of 519 Recreation area (Pence Park) classified Recreational (R) land use and West: zoned Recreation (REC). EXECUTIVE SUMMARY Staff recommends that the requested land use amendment and rezoning be approved for the following reasons: 1. The request is consistent with the goals and objectives of the Comprehensive Plan; 2. The request is consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; 3. The request complies with Conditions of Approval for the 2009 site plan time extension for the property, making the rezoning of the property from MU-L to MU-L2 a condition for any major modifications to the site plan; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by existing capacities ; and, 5. The proposed use will meet the increasing demand of aging population for assisted living care. BACKGROUND In 2005, the subject property was approved for a mixed-use project (Boynton Beach Lofts), consisting of 48 multi-family dwelling units, 13,354 square feet of ofice space and 5,364 square feet of retail use. The approvals comprised a land use amendment from Local Retail Commercial (LRC) to Mixed Use (MX), a rezoning from C-3 Community Commercial to Mixed Use - Low (MU-L), and a height exception. In 2007, an approval of a minor site plan modification involved the elimination of office space and substantial reduction of retail square footage. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, increasingly undermining the financial feasibility of the project. Since the original approval, the property owner applied for and obtained four (4) site plan time extensions – in 2006, 2007, 2008 and 2009. The 2009 time extension expired on April 19, 2010, but an application for yet another extension to retain the current approvals has been submitted. While applying for a retention of the current approvals, the applicant has turned to another option for the development of the property and is requesting an approval for rezoning to Mixed Use Low 2, accompanied by a new site plan for an assisted living facility. The property is presently zoned Mixed Use-Low; however, this zoning district is being phased out and replaced by three new planned districts, MU-L1, MU-L2 and MU-L3, in order to allow for more flexibility in the implementation of the city’s redevelopment plans. This rezoning request complies with the Conditions of Approval for the 2009 site plan time extension (SPTE 09-006) for the project, as condition #3 states that “an application for major modification of the site plan shall be processed only after, or in conjunction with, the rezoning of the property from MU-L to MU-L2, consistent with the redevelopment vision of the City”. Assisted Living facility falls under the major heading of “Nursing/Convalescent Home” and is a conditional use in the MU-L2 zoning district. The application for a new site plan/conditional use is being processed concurrently. SITE PLAN DESCRIPTION 503 of 519 The site plan proposes a 92,897 square foot, 87 unit/144 bed assisted living facility with approximately 1,000 square feet of ancillary retail space in a six-story building. The building roof height is indicated as 63 feet, with a height of 66 feet – 6 inches at the typical parapet roof line and 72 feet to the top of the elevator/stair tower. The additional height over the 65 foot maximum allowable height is an allowable exception under the Mixed Use regulations. The ground floor contains common areas such as offices, therapy and activity rooms, kitchen and dining room, and the retail space which has access both from within the building and from the sidewalk along Federal Highway. Floors 2 through 6 provide living quarters for the occupants of the facility, consisting of residential units varying in size from 542 to 1,236 square feet. The site has been designed to provide an interior landscaped courtyard with sitting areas and a fountain. An outdoor plaza at the front of the building at the Federal Highway will be accessible to th general public. Parking for the facility is accessed from Southeast 4 Street and is located at the rear (west) side of the building. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map or a rezoning. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling units exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City’s risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Generally, the Comprehensive Plan discourages facilities housing persons with special needs from locating within the hurricane evacuation area (the Coastal High Hazard Area). Even though, technically, the subject property is not located within Coastal High Hazard Area (defined as the area below the elevation of the category 1 storm surge line), it is located approximately 50 feet west of the Coastal High Hazard Area boundary. The proposed use creates particular issues in terms of hurricane evacuation, as the residents of the facility would certainly require some type of assistance. The development of the evacuation plan, coordinated with the city’s emergency management staff, will be a condition of approval for the site plan/conditional use approval. The subject request is generally consistent with the intent of objectives and policies of the Comprehensive Plan, including the following: From the Housing Element: Objective 6.10 Adequate measures should be taken by 2013 to address the housing problems of persons with special needs. From the Future Land Use Element: Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the City’s neighborhoods and community character. 504 of 519 Objective 1.8 The City shall discourage the proliferation of urban sprawl and shall facilitate a compact urban development pattern that provides opportunities to more efficiently use and develop infrastructure, land, and other resources and services by concentrating more intensive growth within the City and the City’s utility service area. The site has a Mixed Use (MX) land use classification, consistent with recommendations of the Federal Highway Corridor Redevelopment Plan for Planning Area IV (the proposed use will contain some street-level retail). Although the limited mobility of the proposed facility’s residents would clearly limit their contribution to the building of “the critical mass of population necessary for a successful downtown area”, there would be primary and secondary impacts of job creation on commercial establishments in and near downtown, as well as a potential demand for residential dwellings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not be contrary to the established land use pattern, create an isolated district or constitute a grant of special privilege to an individual property owner. The 2005 rezoning of the property to MU-L was found in compliance with this criterion. The proposed MU-L2 zoning would replace the current MU-L zoning, a district which is being phased out. c. Whether changed or changing conditions make the proposed rezoning desirable. As discussed in the Background section, the previously approved project is one of the many casualties of the residential market collapse. Even though an application for yet another extension to retain the current approvals has been submitted, it is highly unlikely that the project will be financially feasible in the near future. The proposed use, an assisted living facility, is generally less sensitive to market conditions; moreover, a demand for such facilities will continue to increase consistently with the projected aging of the community. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: Potable Water and Sewer The City’s water, sewer and wastewater treatment capacity is available to serve the project (see the table below). Water Plants’ installed capacity 29 MGD peak daily flow SFWMD permitted withdrawals 20.9 MGD annual average daily flow Contracted amount to purchase from County 5 MGD peak daily flow Committed or allocated capacity 19.8 MGD annual average daily flow System’s remaining capacity 9.2 MGD annual average daily flow Expiration date of water use permit December 2029 Sewer Plant capacity 24 MGD annual average daily flow Committed or allocated capacity* 18.8 MGD annual average daily flow 505 of 519 System’s remaining capacity 5.2 MGD annual average daily flow * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Traffic Since no change to the land use classification of the property is requested, no long-range capacity availability study is required. Proposed rezoning to MU-L2, a planned zoning district, is processed concurrently with a master plan/site plan, which is subject to a concurrency review. The traffic impact study for the site plan/conditional use application was submitted and found in compliance with the Palm Beach County Traffic Performance Standards Ordinance by the county’s Traffic Division. Solid waste On January, 2010, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2024. Drainage Drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. In 2005, the subject property was reclassified to Mixed Use land use and rezoned to MU-L zoning district, in compliance with the recommendations of the Federal Highway Corridor Redevelopment Plan for Planning Area IV, based on the extensive analysis of the current conditions and preferable redevelopment scenarios. Pursuant to the Land Development Regulations, the proposed new site plan/conditional use request must be processed as a part of rezoning to a mixed use district. As discussed in the Background section, the proposed rezoning request complies with comment #3 of the Conditions of Approval for the 2009 site plan time extension for the project, stating that “an application for major modification of the site plan shall be processed only after, or in conjunction with, the rezoning of the property from MU-L to MU-L2, consistent with the redevelopment vision of the City”. f. Whether the property is physically and economically developable under the existing zoning. Under the existing zoning, the approved Boynton Beach Lofts project is physically developable, but, in current market conditions, financially unfeasible. No major modifications to the project can be made within the existing Mixed Use Low zoning district, as this district has now been replaced by three new districts, MU-L1, MU-L2 and MU-L3. The proposed MU-L2 district is consistent with recommendations of the Federal Highway Corridor Redevelopment Plan for Planning Area IV. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning is of a scale which is reasonably related to the needs of both the neighborhood and the city, both in terms of development density and intensity permitted in the MU-L2 district (as already discussed under items “a”, “e” and “f”), and also in terms of the proposed use, as aging population will generate increasing demand for assisted living services. 506 of 519 h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are probably adequate sites elsewhere in the City for the proposed use; however, the issue for the applicant is the best use under the current market conditions for the property he owns. It is a “property looking for a use” issue rather than “a use looking for a location” issue. An assisted living facility is considered a conditional use in a MU-L2 district. A site plan/conditional use application is being processed concurrently. RECOMMENDATION Staff has reviewed the proposed rezoning and found it consistent with the Comprehensive Plan objectives and policies. The subject request complies with Conditions of Approval for the 2009 site plan time extension for the property, making the rezoning of the property from MU-L to MU- L2 a condition for any major modifications to the site plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\REZN 10-001\REZN 10-001 Staff Report.doc 507 of 519 508 of 519 13. B LEGAL June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-012 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations (LDR) to allow Indoor Athletic Instruction/Training, (CDRV 10-003), including Gymnastics, Dance/Jazzercise/Pilates Instruction, Cheerleading Instruction, Karate Instruction, Indoor Batting/Golf Facilities, as a Conditional Use in the (M-1) Industial District and as a permitted use in the Planned Industrial Development (PID) zoning districts. Applicant: City-initiated. ER: Currently gymnastics, dance instruction, cheerleading and other XPLANATION OF EQUEST athletic instruction type uses are treated differently by the City’s industrial zoning districts, including the different Planned Industrial Development districts. To clean up the result of the incremental code amendments processed over the past several years, staff proposes to create a blended use category containing many of these uses with similar characteristics under one heading within the M-1 (Industrial) district and the three (3) PID (Planned Industrial Development) districts to increase the consistency and user-friendliness of the code. Staff has undertaken a comprehensive look at these similar types of uses, which rely upon higher ceilings and larger spaces commonly found in industrial areas, and believes the appropriate action would be to create the use group “Indoor Athletic Instruction/Training”, and include gymnastics, dance/jazzercise/pilates instruction, cheerleading instruction, karate instruction, indoor batting/golf facilities, and other similar uses having the same characteristics and special needs, and allow them all under one use heading in the M-1 zoning district and within all three (3) PID zoning districts. Staff recommends this use group be allowed as a conditional use in the M-1 (Industrial) zoning district to allow for a case-by-case review of such requests to ensure compatibility with 509 of 519 surrounding uses and safety of the public. Staff also recommends these uses be allowed by right in each of the PID districts. Compared to most M-1 zoned properties, the PIDs typically have conforming buildings, site and infrastructure; contain less intense industrial businesses; and have better traffic and circulation patterns. In both scenarios, staff will still be required to determine if adequate parking exists for these non-industrial type businesses, since they require greater parking than typical industrial uses. Lastly, if approved, this amendment will ultimately be inserted into the use matrix of the proposed LDR. The Planning and Development Board reviewed the request on April 27, 2010 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Deny the request to amend the Land Use Regulations (LDR). LTERNATIVES 510 of 519 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 “ZONING”, SECTION 8A “M-1 INDUSTRIAL DISTRICT” TO ALLOW INDOOR ATHLETIC INSTRUCTION/TRAINING AS A CONDITIONAL USE IN THE M- 1 INDUSTRIAL DISTRICT AND AS A PERMITTED USE IN THE PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , currently gymnastics, dance instruction, cheerleading and other athletic instruction type uses are treated differently by the City’s industrial zoning districts, including the different Planned Industrial Development districts; and WHEREAS , staff is proposing to create a blended use category containing many of these uses with similar characteristics under one heading within the M-1 (Industrial) district and the three (3) Planned Industrial Development (PID) districts to increase the consistency and user-friendliness of the code; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that the creation of a blended use category which contains such uses with similar characteristics under one heading within the M-1 (Industrial) district and the three (3) Planned Industrial Development (PID) districts will benefit the M-1 zoning district and PID districts and will not adversely impact adjacent communities. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2. “Zoning”, Section 8A, M-1 Industrial District, sub-section (1d) of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 511 of 519 A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: … d. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. (7) Ambulance dispatch service. (8) Community centers, operated by non-profit organizations, provided that no more than 40% of the floor space is devoted to office use. (9) Gymnastic centers. Section 3. Chapter 2. “Zoning”, Section 8A, M-1 Industrial District, sub-section 4f of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: A. M-1 INDUSTRIAL DISTRICT. 512 of 519 … 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2. or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of pre-cut product. f. Dance instruction. “Indoor Athletic Instruction/Training, including the following uses: Gymnastic Centers; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same characteristics and special needs, as confirmed by staff”. g. Medical or scientific research which involves the use, treatment, storage or processing of human or animal bodies or body parts. h. Carwashes. Section 4. The three (3) individual use lists for the Planned Industrial Development districts contained in the Planning and Zoning Office shall be amended so that each contains the following language: “Indoor Athletic Instruction/Training, including the following uses: Gymnastics; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same operational characteristics and spatial needs, as confirmed by staff”. 513 of 519 Section 5. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. 514 of 519 FIRST READING this ___ day of ___________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 515 of 519 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-024 TO: Mayor and City Commission FROM: Ed Breese Principal Planner THROUGH: Michael Rumpf Planning and Zoning Director DATE: April 12, 2010 RE: Indoor Athletic Instruction/Training (CDRV 10-003) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is considering interim amendments to the Land Development Regulations (LDR) to appropriately group and increase consistency in regulating the above-described uses. Currently gymnastics, dance instruction, cheerleading and other athletic instruction type uses are treated differently by the City’s industrial zoning districts, including the three (3) different Planned Industrial Development districts. To clean up the result of the incremental code amendments processed over the past several years, staff proposes to create a blended use category containing many of these uses with similar characteristics under one heading and amend the M-1 (Industrial) district regulations and the three (3) PID (Planned Industrial Development) districts to increase consistency and the user-friendliness of the code. BACKGROUND There are the following three (3) Planned Industrial Development districts in the City: Quantum Park PID; Boynton Commerce Center PID; and High Ridge PID. Each PID has a corresponding list of allowable uses, unique to the other 2 PIDs and separate from and different than the list of allowable and conditional uses of the M-1 zoning district. One example of the internal inconsistency includes “Dance Instruction”, which is currently an allowable use in the C-3 (Community Commercial), C-4 (General Commercial) and PCD (Planned Commercial Development) zoning districts. However, the use is a “conditional” use in the M-1 (Industrial) district, and is a permitted use on one specific lot within the Boynton Commerce Center PID. Recently the City Commission interpreted “Dance Instruction” to include “Jazzercise”, which therefore added this use to the M-1 and Boynton Commerce Center PID districts. A second example involves Gymnastics. “Gymnastics Centers” are allowed in the M-1 and in the Quantum Park PID districts only. Furthermore, “Cheerleading Schools” are permitted in the Quantum Park PID only, but are limited to a single lot. These discrepancies, although minimizing the impact of non-industrial uses on the availability of industrial lands, represents an inconsistency in the zoning regulations which is not user-friendly, is 516 of 519 challenging to staff to quickly interpret and apply, and may increase the chances of errors by staff, business operators, realtors, or land owners. There is a great deal of confusion on the public’s part as to where these types of uses can locate and the rationale behind those zoning decisions. As a result, staff has taken a close look at these types of uses, to find that they all typically rely upon higher ceilings and larger spaces commonly found in industrial areas rather than commercial centers, in order to accommodate their specific training apparatus and physical routines. Staff believes the appropriate action would be to group these like uses together and allow them all under one use heading in the M-1 zoning district and within all three PID districts. Staff proposes to title the use group as “Indoor Athletic Instruction/Training”, and include the following uses: “Gymnastics”; “Dance/Jazzercise/Pilates Instruction”; “Cheerleading Instruction”; “Karate Instruction”; “Indoor Batting/Golf Facilities”; and other similar type uses having the same characteristics and spatial needs, as confirmed by staff. Staff recommends this use group be allowed as a conditional use in the M-1 (Industrial) zoning district to allow for a case-by-case review of such requests to ensure compatibility with surrounding uses and safety of the public. Staff also recommends these uses be allowed by right in each of the PID districts, due to the more modern site and building designs, less intense type of industrial users, and better traffic and circulation patterns in the newer, planned districts. In both scenarios, staff will still be required to determine if adequate parking exists for these non-industrial type uses, since they require greater parking than typical industrial uses. PROPOSED AMENDMENTS Existing regulations:  In the M-1 district, Part III, Chapter 2, Section 8.A.1.d (9), “Gymnastic Centers”.  In the M-1 district, Part III, Chapter 2, Section 8.A.4.f., “Dance Instruction”. Proposed regulations:  In the M-1 district, Part III, Chapter 2, Section 8.A.1.d (9), delete “Gymnastic Centers”  f. In the M-1 district, Part III, Chapter 2, Section 8.A.4.f., replace “Dance Instruction” with, “Indoor Athletic Instruction/Training, including the following uses: Gymnastic Centers; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same characteristics and special needs, as confirmed by staff”.  Amend the three (3) individual use lists for the Planned Industrial Development districts so that “Indoor Athletic Instruction/Training, including the each contains the following language: following uses: Gymnastics; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf Instruction; and other similar type uses having the same operational characteristics and spatial needs, as confirmed by staff”. RECOMMENDATION Staff recommends that the proposed interim amendments to Land Development Regulations be approved, and that the use lists for the Quantum Park PID, Boynton Commerce Center PID, and High Ridge PID be amended as noted above. Additionally, staff recommends the proposed future zoning use matrix be amended to correspond with the Commission’s action. 517 of 519 S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 10-003 Athletic Instruction.doc 518 of 519 14. A UNFINISHED BUSINESS June 1, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: TABLED on 5/4/10 - Consideration of meeting time EQUESTED CTION BY ITY OMMISSION change for Regular City Commission meetings. ER: Per the request of Commissioner Orlove, the City Commission is XPLANATION OF EQUEST asked to consider changing the meeting time of the Regular City Commission meetings from 6:30 p.m. to 5:30 p.m. In order to allow the Commission time to consider their schedules and any impact of the time change, the Commission tabled this item until the June 1, 2010 meeting. H? This will have no discernable affect on city OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services. FI: This will have no fiscal impact. ISCAL MPACT A: Not to consider changing the meeting time of the Regular City Commission LTERNATIVES meetings. 519 of 519