Loading...
Agenda 05-21-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MAY 21, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David L. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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 505 1. OPENINGS EXECUTIVE SESSION TUESDAY, MAY 21, 2013 @ 5:00 P.M. (OR AS SOON THEREAFTER AS PRACTICABLE) OLEN PROPERTIES CORP., a Florida Corporation; SECURED HOLDINGS, INC., a 1. Foreign Corporation; QUANTUM LAKE VILLAS II CORP., a Foreign Corporation; VILLAS AT QUANTUM LAKES, INC., a Florida Corporation, Plaintiffs, (CASE NUMBER 502013CA007694XXXXMB) v. QUANTUM PARK PROPERTY OWNERS’ASSOCIATION, INC., a Florida Not-For-Profit Corporation; DOUGLAS MACDONALD, FIONZO BRESOLIN, EUGENE GERLICA, HEATHER RINTOUL, CANTERBURY AT QUANTUM VILLAGE PROPERTY OWNERS ASSOCIATION OF PALM BEACH, INC., QUANTUM PARK OVERLAY DEPENDENT DISTRICT, DUKE PGC AT QUANTUM 1-9, LLC., and PARKSIDE TOWNHOMES HOMEOWNERS ASSOCIATION, INC., 2. DAVID FLOERING, Petitioner vs. CITY OF BOYNTON BEACH, Respondent – Case No. 502012CA019202XXXXMB AN A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker D. Brand Promise Statement E. 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. Allow presentation by Florida State Representative Lori Berman District 90 to provide an update from the recent legislative session. B. Allow presentation by Florida State Senator Jeff Clemons District 27 to provide an update from the recent legislative session. 3 of 505 C. Present plaque to David Cordrey, Tennis Pro at Hunters Run, by a member of the Education & Youth Advisory Board, in appreciation for his contribution to the Tennis Carnival. D. Presentation of the Kinetic Art Organization (KAO) video production of the 2013 International Kinetic Art Exhibit and Symposium 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Historic Resource Preservation Board: 3 regulars and 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate 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 payment of $59,360.00 to the City of Boca Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre- process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. PROPOSED RESOLUTION NO. R13-041 B. - Assess the cost of nuisance abatement on properties within the City of Boynton Beach 4 of 505 C. Award the "Two Year Bid for Hydraulic Cylinders and Valves, Parts and Repairs, Bid#039-1412-13JMA to Construction Hydraulics of Lake Worth Inc., for an estimated expenditure of $60,000 to be used on an AS NEEDED BASIS. PROPOSED RESOLUTION NO. R13-042 D. - Approve the Service Agreement with Pictometry to provide web-based solution of high resolution aerial imagery with City GIS data to create a system that is accessible and interactive at a cost of $4,500 over the three year license agreement. E. Accept the written report to the Commission for purchases over $10,000 for the month of April 2013. F. Approve the minutes from the Joint City Commission and Community Redevelopment Agency Board meeting on April 4, 2013 and the Regular City Commission meeting held on May 7, 2013 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R13-043 A. - Approve a contract with Anzco, Inc. of Boca Raton, FL; Bid No. 042-2210-13/JMA in the amount of $104,107 as the lowest, most responsive, responsible bidder for the construction of new Bunk Rooms for Fire Station 3. Staff is requesting a 10% contingency in the amount of $10,411 for a total approved amount of $114,518. PROPOSED RESOLUTION NO. R13-044 B. - Approve Budget Amendment for the Fleet Maintenance Internal Service Fund for the Fiscal Year 2012-2013, amending the appropriated budget from $6,024,971 to $6,973,177. 2) Approve the purchase of 3 replacement vehicles and an additional vehicle for Recreation; for a total of 4 units in the amount of $948,206. The purchases will utilize the following contracts/bids and vendors; Florida State Contract #760-000-10-1 (Trekker Tractor), City of Gulf Shores FSC #12-085 (Thompson Pump & Manufacturing Co.), Florida Sheriff's Contract #11-10-1202 (Sutphen Corporation) and Florida Department of Education Bid #2013-01 (LBS South). 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. None 5 of 505 10. CITY MANAGER’S REPORT A. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation for the 1st Quarter 2013. B. Review options for broadcasting City Commission meetings. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-010 - SECOND READING - PUBLIC A. HEARING - Adopt the update to the Boynton Beach Administrative (REQUEST TABLING DUE Amendments to the 2010 Florida Building Code TO PUBLICATION ERROR BY NEWSPAPER) PROPOSED ORDINANCE NO. 13-011 - SECOND READING - PUBLIC B. HEARING - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the .(REQUEST TABLING DUE TO use of Park Impact Fee proceeds PUBLICATION ERROR BY NEWSPAPER) PROPOSED ORDINANCE NO. 13-012 - FIRST READING C. - Approve amendment to Land Development Regulations (LDR) that extend the trial period for temporary feather banners for a second 12-month period, and set a limit of two (2), 90-day display periods. PROPOSED ORDINANCE NO. 13-013 - FIRST READING D. - Amend the Land Development Regulations to: 1) Create Transit Oriented Development provisions & minimum standards within the mixed-use zoning district regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking requirements in support of adaptive reuse projects. City initiated. 14. FUTURE AGENDA ITEMS A. Request approval for an application being submitted by the Utilities Department for a Hazard Mitigation Grant Program (HMPG) grant that requires a City match - June 4, 2013 B. Consideration of fee amendments for Building and Planning & Zoning services - June 4, 2013. 6 of 505 C. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library D. Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 E. Update on Utilities CAP Fees - June 4, 2013 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 505 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Allow presentation by Florida State Representative EQUESTED CTION BY ITY OMMISSION Lori Berman District 90 to provide an update from the recent legislative session. ER: Informational only XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 8 of 505 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Allow presentation by Florida State Senator Jeff EQUESTED CTION BY ITY OMMISSION Clemons District 27 to provide an update from the recent legislative session. ER: Informational only XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 9 of 505 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present plaque to David Cordrey, Tennis Pro at EQUESTED CTION BY ITY OMMISSION Hunters Run, by a member of the Education & Youth Advisory Board, in appreciation for his contribution to the Tennis Carnival. ER: Since 2003, Hunters Run has donated its facilities and staff XPLANATION OF EQUEST to host a free tennis carnival for children. Co-sponsored by the Education & Youth Advisory Board, the event provides tennis lessons and games in a fun atmosphere. Head Tennis Pro David Cordrey has generously volunteered his time and talents to run this activity, which has allowed approximately 175 children to be introduced to the lifetime game of tennis. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 10 of 505 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the Kinetic Art Organization (KAO) EQUESTED CTION BY ITY OMMISSION video production of the 2013 International Kinetic Art Exhibit and Symposium ER: International organizations, like the Kinetic Art Organization, XPLANATION OF EQUEST have partnered and supported the 2013 International Kinetic Art Exhibit and Symposium planning and marketing efforts. These efforts contributed to the success of the year-long program and heightened the February 8-10, 2013 event. H? The video, along with KAO’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES support attracted international visitors and attention to Boynton Beach, and will be utilized for the 2015 International Kinetic Art Exhibit and Symposium. This video and others, are posted on the IntlKineticArtEvent.org website and Boynton Beach Art in Public Places Facebook page. FI: This video is one of the many marketing tools that will assist in acquiring ISCAL MPACT sponsor and partner opportunities for the 2015 International Kinetic Art Exhibit and Symposium. A: N/A LTERNATIVES 11 of 505 5. A ADMINISTRATIVE May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Historic Resource Preservation Board: 3 regulars and 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT 12 of 505 A: Allow vacancies to remain unfilled. LTERNATIVES 13 of 505 14 of 505 15 of 505 16 of 505 17 of 505 18 of 505 19 of 505 20 of 505 21 of 505 6. A CONSENT AGENDA May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 21 May 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve payment of $59,360.00 to the City of Boca EQUESTED CTION BY ITY OMMISSION Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. ER: The City of Boynton Beach entered into a Tri-Party Inter- XPLANATION OF EQUEST Local agreement with the cities of Boca Raton and Delray Beach in July 2010 (Resolution R10-092) for the operation of a pre-screening DNA Laboratory. As part of the agreement the City agreed to pay proportionate amount of the annual cost of the operational expenditures. The Boynton Beach Police Department investigates numerous crimes where forensic evidence in the form of DNA is recovered. The perpetrator of a crime may deposit bodily fluids or tissue of various types at the scene of a crime by simply touching an object or surface, or contact with a victim involving a sexual assault or battery. The bodily fluids and tissue often contain DNA which is a chemical identifier unique to every individual and considered a more accurate identifier than even fingerprints. The police department has utilized DNA evidence in over 200 successful prosecutions including a cold case homicide from 1986. Our officers and detectives submit approximately 700 laboratory testing requests to the Palm Beach County Sheriffs Office (PBSO) each year in an effort to identify those persons connected with the various crimes committed in our city. As more and more DNA profiles are collected from individuals pursuant to state statues requiring certain persons charged or convicted of major felonies to provide a DNA sample, identifications become more prevalent. The PBSO crime lab has the 22 of 505 capability to collect and analyze DNA samples; however, the process is expensive and labor intensive. Currently, PBSO does not charge us for DNA or any forensic analysis performed pursuant to a criminal investigation. However, the PBSO crime lab is overburdened with the number of testing requests from the various law enforcement agencies in the county resulting in a prioritization of cases with DNA samples and delays in testing for most cases that can last many months or over a year. Delays in processing of the DNA samples can negate a successful prosecution or allow those responsible for major crimes to leave the jurisdiction or the county before probable cause is established in order to make an arrest. The most labor intensive and time consuming process related to DNA testing is determining if a suitable sample is present and if so, extracting the sample and converting it to its testable form. The Chiefs of Police for Boynton Beach, Boca Raton and Delray Beach considered the problems with the PBSO Crime Lab backlog of cases and determined that a pre-screening laboratory would facilitate a timely resolution to our case submissions while providing relief to the PBSO lab. The City of Boca Raton proposed the establishment of a pre-screening lab at their facility with the cities of Delray Beach, Boynton Beach and eventually others, paying a proportion of the operational costs. The City of Boynton Beach’s share of the cost for year one was $59,360.00. The second year’s cost is the same amount. The interlocal agreement provides for a two year commitment. H? Since activation of the Boca Raton OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES prescreening lab, turn-around time on our major case DNA submissions has been reduced by approximately 50%. FI: Funds in the amount of $59.360.00 would be taken from the Federal ISCAL MPACT Law Enforcement Trust Fund account (691-5000-590-04-25) which currently shows a balance of $291,533.00. The LETF funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality . A: Payment required by interlocal agreement. LTERNATIVES 23 of 505 24 of 505 25 of 505 26 of 505 27 of 505 28 of 505 29 of 505 30 of 505 31 of 505 32 of 505 33 of 505 6. B CONSENT AGENDA May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-041 - EQUESTED CTION BY ITY OMMISSION Assess the cost of nuisance abatement on properties within the City of Boynton Beach ER: In accordance with the Municipal Lien Procedure on file in XPLANATION OF EQUEST the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. 34 of 505 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: This process allows us to place liens on the properties in order to ISCAL MPACT reimburse the City for the services that were provided when the nuisances were abated. A: The alternative would be to not place liens on the properties and not LTERNATIVES collect for the service provided. 35 of 505 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit “A”; and WHEREAS , the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS , all of the property owners listed in the attached Exhibit “A” were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS , the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and Now, therefore, be it resolved by the city commission of the city of boynton beach, Florida as follows: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT “A” Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2013, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In 36 of 505 the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________________ Commissioner – Joe Casello _____________________________ Janet M. Prainito, MMC City Clerk {Corporate Seal} 37 of 505 38 of 505 6. C CONSENT AGENDA May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the "Two Year Bid for Hydraulic Cylinders EQUESTED CTION BY ITY OMMISSION and Valves, Parts and Repairs, Bid#039-1412-13JMA to Construction Hydraulics of Lake Worth Inc., for an estimated expenditure of $60,000 to be used on an AS NEEDED BASIS. BIDPERIOD:M19,2013M18,2015, AY TO AY OPTION FOR TWO ADDITIONAL ONE YEAR . EXTENSIONS th ER: On March 20, 2013, Procurement Services opened and XPLANATION OF EQUEST tabulated one (1) proposal for the Two Year Bid for Hydraulic Cylinders and Valve Parts and Repairs. It has been determined by staff to award the bid to Construction Hydraulics of Lake Worth, Inc., Construction Hydraulics is our current vendor and we are satisfied with their work and their expedient service which is imperative to the Fleet Division. Expenses in the current year to date are $33,193.70 and expenses for FY 11/12 were $50,532.18. H? The Fleet Maintenance division will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FI: Estimated Fleet Maintenance annual expenditure is $60,000. ISCAL MPACT A: Utilize the use of confirming purchase orders for repairs. LTERNATIVES 39 of 505 40 of 505 41 of 505 42 of 505 43 of 505 44 of 505 45 of 505 46 of 505 47 of 505 48 of 505 49 of 505 50 of 505 51 of 505 52 of 505 6. D CONSENT AGENDA May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-042 - EQUESTED CTION BY ITY OMMISSION Approve the Service Agreement with Pictometry to provide web-based solution of high resolution aerial imagery with City GIS data to create a system that is accessible and interactive at a cost of $4,500 over the three year license agreement. ER: XPLANATION OF EQUEST With the web-based solution, Pictometry® Online, GIS users can quickly and easily access imagery online with just a username and a password. Pictometry® Online utilizes a new Pictometry technology designed to rapidly search and navigate through hundreds of terabytes of information. This technology enables GIS users to almost instantly locate, display and extract the image or portion of the image that is most relevant to them. For emergencies and disasters, additional imagery captured from surrounding counties is available to Pictometry® Online users to extend search and navigation capabilities. Pictometry® Connect is a secure, web-based solution that combines high resolution aerial imagery with City GIS data to create a powerful system that is easily accessible and interactive. Users can upload, view, and analyze their location-based data against the backdrop of the highest quality aerial imagery in the world. Since Pictometry® Connect is built on top of the Pictometry® Analytics platform, this solution goes way beyond just visualization with major benefits to the user including: Integration with current City GIS and CAD applications (ESRI)  Reduces the need for vast amounts of image storage.  53 of 505 Access to Pictometry measurement and analytics tools  Access to Pictometry image archive featuring over 10 years of imagery  Zero footprint installation  Access to parcel boundaries and ownership information  Reliable backup to onsite imagery and GIS data layers  H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES  Cloud-based resource provides “anywhere” access, as well as off-site backup and disaster recovery.  Visual updates to the City of Boynton Beach shown in color at high resolution giving measurement to what we see.  The ability to see everywhere, measure anything, and plan everything, using the most currently available data, images, and maps.  Provide Fire, Rescue, Police, 911 and homeland security efforts currently available data and information instead of outdated internal fly-overs.  A cost savings of $10,000 dollars to fly at this time with Boca Raton, and the Town of Palm Beach rather than on our own.  City departments and vehicles will have a better view and a current tool for use to perform their jobs as needed. FI: ISCAL MPACT Total amount: $4,500 funded by multiple departments based on number of users.  $1,500 at activation  $1,500 at 1 anniversary of activation st  $1,500 at 2 anniversary of activation nd A: LTERNATIVES Pictometry is the leader and progenitor of the aerial oblique image industry. As such, Pictometry is the sole source with other counties and cities. 54 of 505 RESOLUTION R13- 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 THREE YEAR SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PICTOMETRY INTERNATIONAL CORP., TO PROVIDE WEB-BASED SOLUTION OF HIGH RESOLUTION AERIAL IMAGERY WITH CITY GIS DATA TO CREATE A SYSTEM THAT IS ACCESSIBLE AND INTERACTIVE IN THE AMOUNT OF $4,500 OVER THE THREE YEAR LICENSE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Pictometry Online utilizes a new Pictometry technology designed to rapidly search and navigate through hundreds of terabytes of information; and WHEREAS , this technology enables GIS users to almost instantly locate, display and extract the image or portion of the image that is most relevant to them; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute a three (3) year Service Agreement with Pictometry International Corp., to provide web- based solution of high resolution aerial imagery with City GIS data to create a system that is accessible and interactive. 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 and direct the City Manager and City Clerk to execute a three (3) year Service Agreement between the City of Boynton Beach and Pictometry International Corp., to provide web-based solution of high resolution aerial imagery with City GIS data to create a 55 of 505 system that is accessible and interactive at a cost of $4,500 over the three year license agreement, a copy of the Service Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of May, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 56 of 505 57 of 505 58 of 505 59 of 505 60 of 505 6. E CONSENT AGENDA May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of April 2013. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for April 2013: Purchase Order Vendor Amount 130761 Xylem Water Solutions USA, Inc. $ 21,320.00 130764 Farmer & Irwin Corp. $ 24,228.00 130806 Lyle Sumek Associates, Inc. $ 14,000.00 130813 Fl. Bearings, Inc. $ 17,661.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. 61 of 505 FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 62 of 505 63 of 505 64 of 505 65 of 505 66 of 505 67 of 505 68 of 505 69 of 505 70 of 505 71 of 505 72 of 505 73 of 505 74 of 505 75 of 505 76 of 505 77 of 505 78 of 505 79 of 505 80 of 505 81 of 505 82 of 505 83 of 505 84 of 505 85 of 505 86 of 505 87 of 505 88 of 505 89 of 505 90 of 505 91 of 505 92 of 505 93 of 505 94 of 505 95 of 505 96 of 505 97 of 505 98 of 505 99 of 505 100 of 505 101 of 505 102 of 505 103 of 505 104 of 505 105 of 505 6. F CONSENT AGENDA May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Joint City EQUESTED CTION BY ITY OMMISSION Commission and Community Redevelopment Agency Board meeting on April 4, 2013 and the Regular City Commission meeting held on May 7, 2013 th The City Commission met on April 4 and May 7th, 2013 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 106 of 505 107 of 505 108 of 505 109 of 505 110 of 505 111 of 505 112 of 505 113 of 505 114 of 505 115 of 505 116 of 505 117 of 505 118 of 505 119 of 505 120 of 505 121 of 505 122 of 505 123 of 505 124 of 505 125 of 505 126 of 505 127 of 505 128 of 505 129 of 505 130 of 505 131 of 505 132 of 505 133 of 505 134 of 505 135 of 505 136 of 505 137 of 505 138 of 505 139 of 505 140 of 505 141 of 505 142 of 505 143 of 505 144 of 505 7. A BIDS AND PURCHASES OVER $100,000 May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-043 - EQUESTED CTION BY ITY OMMISSION Approve a contract with Anzco, Inc. of Boca Raton, FL; Bid No. 042-2210-13/JMA in the amount of $104,107.00 as the lowest, most responsive, responsible bidder for the construction of new Bunk Rooms for Fire Station 3. Staff is requesting a 10% contingency in the amount of $10, 411.00 for a total approved amount of $114,518.00. ER: On April 9, 2013, Procurement Services opened ten (10) XPLANATION OF EQUEST bids submitted in response to an Invitation to Bid for the construction of Nine New Bunk Rooms for Fire Station 3, Bid No. 042-2210-13/JMA. The Bid contained an “Add Alternate” for the removal of the existing fire alarm panel and to furnish and install a new Fire Alarm Control Panel. The Engineering Division has carefully reviewed all bids and recommends award of the project including the “Add Alternate”, to Anzco, Inc. of Boca Raton, FL as the lowest, most responsive, responsible bidder. H? Fire Rescue personnel assigned to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Fire Station 3 currently sleep in two open areas. Interior improvements will allow for privacy and quiet sleeping accommodations between emergency calls. FI: Funds are available in CIP Account no. 302-4118-580-62-01; Project no. ISCAL MPACT FA1002 A: Continue with the open area sleeping accommodations for the LTERNATIVES Firefighters. 145 of 505 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD AND AUTHORIZING EXECUTION BY THE CITY MANAGER OF A CONTRACT WITH ANZCO, INC., OF BOCA RATON, FLORIDA FOR BID #042-2210- 13/JMA FOR THE CONSTRUCTION OF NEW BUNK ROOMS FOR FIRE STATION #3 IN THE AMOUNT OF $104,107.00 PLUS A 10% CONTINGENCY OF $10,411.00 FOR A TOTAL PROJECT AMOUNT OF $114,518.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 9, 2013, Procurement Services received and opened ten (10) bids submitted in response to an Invitation to Bid #042-2210-13/JMA “New Bunk Rooms for Fire Station #3”; and WHEREAS, staff reviewed the bid proposals and it was determined that Anzco, Inc., of Boca Raton, Florida was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with Anzco, Inc., of Boca Raton Florida for Bid #055- 2210-13/JMA for the construction of New Bunk Rooms for Fire Station #3 in the amount of $104,107.00 plus a 10% contingency of $10,411.00 for a total project amount of $114,518.00. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award and authorizes the City Manager to execute a Contract with Anzco, Inc., of Boca Raton Florida for Bid #055-2210-13/JMA for the construction of New Bunk Rooms for Fire Station #3 in the amount of $104,107.00 plus a 10% contingency of $10,411.00 for a total project amount of $114,518.00, a copy of which Contract is attached hereto as Exhibit 146 of 505 “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of May, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 147 of 505 148 of 505 149 of 505 150 of 505 151 of 505 152 of 505 153 of 505 154 of 505 155 of 505 156 of 505 157 of 505 158 of 505 159 of 505 160 of 505 161 of 505 162 of 505 163 of 505 164 of 505 165 of 505 166 of 505 167 of 505 168 of 505 169 of 505 170 of 505 171 of 505 172 of 505 173 of 505 174 of 505 175 of 505 176 of 505 177 of 505 178 of 505 179 of 505 180 of 505 181 of 505 182 of 505 183 of 505 184 of 505 185 of 505 CONTRACT FOR CONSTRUCTION SERVICES THIS AGREEMENT, made and entered into this _______ day of ________________, 2013, by and between the , a municipal corporation of Florida, hereinafter called the CITY OF BOYNTON BEACH “City” and . ANZCO, INC a Florida Corporation (_XX_) Check One a Florida General Partnership (____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of submitted by the aforementioned CONTRACTOR was the best and most desirable bid $104,107.00 submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0AGREEMENT 1.1The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated , which is hereby APRIL 9, 2013 incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: NEW BUNK ROOMS FOR FIRE STATION 3 186 of 505 Bid Number: 042-2210-13/JMA City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR’S bid in the amount of: $104,107.00. 187 of 505 2.0SCOPE OF SERVICES 2.1CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 188 of 505 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under “authority of the engineer” shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0COMMENCEMENT OF WORK 3.1CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written “Notice to Proceed” of the CITY and to 120 fully complete the project within calendar days following the commencement date as specified in same. 189 of 505 3.2Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ an that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0LIQUIDATED DAMAGES 1,500.00 4.1The CONTRACTOR further agrees to pay $ per day as liquidated damages, for failure to begin within ten (10) days of “Notice to Proceed” or 120 failure to complete the work within calendar days from the commencement date to be indicated in the written “Notice to Proceed”. 5.0 PROTECTION OF EXISTING FACILITIES 5.1The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or 190 of 505 discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 191 of 505 5.2The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0INDEMNIFICATION 6.1The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and appellate attorney’s fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment “A” herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0PAYMENT BY CITY 7.1The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the 192 of 505 specifications. 8.0CHANGES IN THE WORK 8.1The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4Changes in the work directed in writing by the CITY’S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY’S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid 193 of 505 item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR’S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 194 of 505 8.4.3.5In no case shall the CONTRACTOR and Subcontractors’ general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6In no case shall the CONTRACTOR’S cost for administering subcontracts exceed five (5) percent of the subcontractors’ cost not including subcontractors’ profit. 8.4.3.7For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, “Rental Rates for Construction Equipment”. Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field change Directive or Change Order. 195 of 505 9.0PROJECT ARCHITECT 9.1The project Architect shall be Steven E. Myott with Steven Myott Architecture, 639 East Ocean Avenue, Suite 403, Boynton Beach, FL. 9.2The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0INSURANCE 10.1The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR’S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment “A”. 10.2Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 196 of 505 11.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0TERMINATION OF CONTRACT 12.1If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days’ written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY’S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1Complete the contract in accordance with its terms and conditions, or 12.1.2Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0CONTRACT CONTROLS 197 of 505 13.1The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0TIME OF ESSENCE 14.1Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0REMEDY FOR DELAY 15.1In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4For the purpose of this section the phrase “the CITY, its agents and employees” shall include but shall not be limited to the architect, project manager and consulting engineers. 198 of 505 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney CONTRACTOR Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ President or the Vice President _____________________________ ______________________________________ Attest as to Contractor State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me duly authorized to administer oaths ______________________________________________ to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. _____________________________________________________ Notary Public My Commission Expires: ________________________________ WARRANTY 199 of 505 The undersigned, ________________________________________________________________, hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the “City”), pursuant to that certain Bill of Sale or Plans dated ______________ which is result of a defect in the materials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completion by the undersigned of the project). Date: _____________________________ By: ________________________________ President ________________________________ Name of Company (CORPORATE SEAL) 200 of 505 STATE OF FLORIDA ) SS: COUNTY OF _____________) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared ______________________________________________, Florida Corporation and general partner of ____________________________________________. A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. __________________________________ Notary Public, State of Florida My Commission Expires: WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF___________________ __________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a ______________________ corporation which is named in Construction Contract dated the _______ day of _______________________, 2013, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated __________________, passes to the Owner at the time of payment free and clear of 201 of 505 all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 2013. ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) FINAL ESTIMATE RECONCILIATION AGREEMENT This Final Estimate Reconciliation Agreement covering the period from _________________, to _________________, supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated ______________ for construction of ___________________________ and all appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. ____ are correct and the amount of $_____________ constitutes final payment, including retainage, and Change Order No. ___________ for all materials furnished and work performed by _______________________________, Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach, as outlined in Paragraph C-15 of the original agreement. 202 of 505 By:_____________________________________ RECOMMENDED FOR APPROVAL: By: ____________________________ ACCEPTED:_____________________________ By:_____________________________________ Date:___________________________________ State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me duly authorized to administer oaths ______________________________________________ to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. _____________________________________________________ Notary Public My Commission Expires: ________________________________ 203 of 505 7. B BIDS AND PURCHASES OVER $100,000 May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-044 - EQUESTED CTION BY ITY OMMISSION Approve Budget Amendment for the Fleet Maintenance Internal Service Fund for the Fiscal Year 2012-2013, amending the appropriated budget from $6,024,971 to $6,973,177. 2) Approve the purchase of 3 replacement vehicles and an additional vehicle for Recreation; for a total of 4 units in the amount of $948,206.00. The purchases will utilize the following contracts/bids and vendors; Florida State Contract #760-000-10-1 (Trekker Tractor), City of Gulf Shores FSC #12-085 (Thompson Pump & Manufacturing Co.), Florida Sheriff's Contract #11-10- 1202 (Sutphen Corporation) and Florida Department of Education Bid #2013-01 (LBS South). ER: The Fleet Administrator recommends the purchase of 3 XPLANATION OF EQUEST replacement units ahead of schedule due to severe damage and the units not being cost effective to repair. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. All agencies have complied with public contract bid requirements that equal or exceed the City of Boynton Beach bid requirements The 3 replacement units are 8116 (Utilities Department), 8159 (Utilities Department) and 803 (Fire Rescue). The aforementioned units have been prefunded since their inception in to the fleet. Below is synopsis of condition of each vehicle issues and net cost to the prefunding program: 204 of 505  Unit 8159 - 2000 Caterpillar Backhoe/Loader combination. Its schedule replacement year is FY15-16. Thus since 2000 its annual prefunding charge amount has been roughly $4800. Hence the prefund will be shorted $9600 (prefunding deduction FY13-14 & FY14-15). Currently, the unit has extensive engine damage that will cost over $12,000 to repair.  Unit 8116 - 1996 Thompson Well-Point Pump. Its scheduled replacement is FY13/14. Its annual prefunding amount has been roughly $1,900. Due to its age and condition, the pump lacks power and air handling to sock dewater at a high capacity. This function is essential throughout Utilities operations. Repairing this unit will be over $5000.  Unit 803 - 1999 Pierce Arial Ladder. Its scheduled replacement year is FY13-14. Its annual prefunding amount has been $53,000. The unit has major pump issues and the ladder is inoperative. In order to have these unit fully functional, repairs for the ladder configuration and pump are over $30,000. Furthermore, many of the replacement parts are obsolete. The new vehicle is for Recreation based on the following:  Recreation has various programs for children, senior programs, and community activities in which they need transportation. Recreation requested a bus and commission approved for FY12-13 budget. Staff evaluated various options including but not limited to rentals and pre-owned. After evaluating, it would be cost effective to acquire a new bus. Recreation will contribute $30,000 towards the new bus and the Fleet Department will contribute $23,194. Recreation will prefund the new bus. The Fleet Maintenance is seeking approval to award the following vendors for the above purchases as follows: A. Trekker Tractor $81,209.64 off of the Florida State Contract 760-000-10-1 for Replacement for Unit 8159 1 unit, Case 580N Backhoe(). B. Thompson Pump & Manufacturing Co. $ 53,538.60 piggy back City of Gulf Shores FSC 12-085 contract for a Thompson Well Point Pump 8” trailer Replacement for Unit 8116 mounted (). C. Sutphen Corporation $759,974.57 piggy back Florida Sherriff’s Contract # 11- Replacement for Unit 10-1202 for 1 Sutphen mid-mount SL-75 Quint truck ( 803 ). D. LBS South 1 $53,483.00 piggy back Florida Department of Education 2013- 01 for a type A School bus. The sum for the aforementioned units equates to $948,205.81. H? The units being purchased will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES follow a lifecycle allowing maximum vehicle efficiency that minimizes annual maintenance charged to each of the operating departments and reducing downtime. Maintenance cost will be significantly lower due to the new equipment being purchases. Fuel usage will also be reduced due to the use of fuel efficient vehicles. 205 of 505 FI: The funding for these purchases will be added to the FY2012-2013 ISCAL MPACT budget and will be charged to the Fleet Maintenance Fund, account #501-2516-519-64- 33. A: To defer or not purchase selected replacement or new vehicles beyond LTERNATIVES those already deferred in the FY 2012/13 budget cycle. However, deferring purchases will increase departmental maintenance costs. 206 of 505 RESOLUTION R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 18, 2012, for the 2012-2013 fiscal year; and WHEREAS , the City manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2012-2013; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the amendment to the adopted budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2012, and ending September 30, 2013, by increasing the Fleet Maintenance Internal Service Fund for operating expenditures, transfers to other funds and necessary capital outlays in the amount of $948,206.00 which increases the previously appropriated sum of $6,024,971 to $6,973,177. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 amends the fiscal year 2012-2013 adopted budget, a copy of such amendments are attached hereto as Exhibit “A” and the appropriations set out therein for the fiscal year beginning October 1, 2012 and ending September 30, 2013, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated the sum of $6,973,177, increased from the original appropriated sum of $6,024,971, to the Fleet Maintenance Internal Service Fund operating expenditures, transfers to other funds and necessary capital outlays including the purchase of three (3) replacement and one additional vehicle. Section 4. All Resolution or parts of Resolution in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of May, 2013. 207 of 505 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor - Jerry Taylor _______________________________ Vice Mayor – Woodrow L, Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 208 of 505 209 of 505 210 of 505 211 of 505 212 of 505 213 of 505 214 of 505 215 of 505 216 of 505 217 of 505 218 of 505 219 of 505 220 of 505 221 of 505 222 of 505 223 of 505 224 of 505 225 of 505 226 of 505 227 of 505 228 of 505 229 of 505 230 of 505 231 of 505 232 of 505 233 of 505 234 of 505 235 of 505 236 of 505 237 of 505 238 of 505 239 of 505 240 of 505 241 of 505 242 of 505 243 of 505 244 of 505 245 of 505 246 of 505 247 of 505 248 of 505 249 of 505 250 of 505 251 of 505 252 of 505 253 of 505 254 of 505 255 of 505 256 of 505 257 of 505 258 of 505 259 of 505 260 of 505 261 of 505 262 of 505 263 of 505 264 of 505 265 of 505 266 of 505 267 of 505 268 of 505 269 of 505 270 of 505 271 of 505 272 of 505 273 of 505 274 of 505 275 of 505 276 of 505 277 of 505 278 of 505 279 of 505 280 of 505 281 of 505 282 of 505 283 of 505 284 of 505 285 of 505 286 of 505 287 of 505 288 of 505 289 of 505 290 of 505 291 of 505 292 of 505 293 of 505 294 of 505 295 of 505 296 of 505 297 of 505 298 of 505 299 of 505 300 of 505 301 of 505 302 of 505 303 of 505 304 of 505 305 of 505 306 of 505 307 of 505 308 of 505 309 of 505 310 of 505 311 of 505 312 of 505 313 of 505 314 of 505 315 of 505 316 of 505 317 of 505 318 of 505 319 of 505 320 of 505 321 of 505 322 of 505 323 of 505 324 of 505 325 of 505 326 of 505 327 of 505 328 of 505 329 of 505 330 of 505 331 of 505 332 of 505 333 of 505 334 of 505 335 of 505 336 of 505 337 of 505 338 of 505 339 of 505 340 of 505 341 of 505 342 of 505 343 of 505 344 of 505 345 of 505 346 of 505 347 of 505 10. A CITY MANAGER’S REPORT May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept quarterly status report of the City of EQUESTED CTION BY ITY OMMISSION st Boynton Beach Climate Action Plan Implementation for the 1 Quarter 2013. ER: The City Commission adoption of the Climate Action Plan XPLANATION OF EQUEST (CAP) through Resolution No. R10-150 empowered the City’s Sustainability Team with responsibility for implementation. The CAP serves as the Work Plan for the team. Staff continues to further the implementation strategies and meet on a quarterly basis to update the implementation status and share ideas, information and challenges. As a result of that meeting, every quarter a report will be provided to the City Commission on the status of implementation of the strategies listed in Section 4 of the CAP. (See Exhibit A – Staff Report). H? The City will continue to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES demonstrate its leadership and partnership with other communities in the efforts to achieve a sustainable future for its residents. Through increasing efficiencies in operations, conservation and energy consumption, we hope to help offset some of the social challenges and economic consequences such as rising energy costs associated with operating facilities, conveying water, transportation and health care. FI: Initiatives accomplished so far, and those that are in process, are ISCAL MPACT mainly items that could be accomplished through re-organization, policy changes and staff time. Other projects have been accomplished through grant funding. Some projects are in the CIP energy efficiency line item. A: Not to accept the report. LTERNATIVES 348 of 505 Climate Action Plan Implementation Strategy st 1 Quarter Status Report 2013 May 21, 2013 Department of Energy EECBG (Energy Efficiency & Conservation Block Grant): EECBG Allocation $658,900 Activity 1 comprised of hiring a technical consultant, CDM, to a.) Complete the EECBG grant forms and an Energy Efficiency and Conservation Strategy (EECS) for submittal to DOE; b.) Conduct a Greenhouse Gas Emissions inventory for municipal government facilities as well as the City of Boynton Beach at large; and c.) Develop a comprehensive long-term Climate Action Plan to advance the energy conservation and sustainability goals of both municipal government Activity 1 has been completed at a cost of $195,882.99 of grant and the City at large. funding. Activity 2 comprised the Hester Center facility retrofit consisting of switching out existing T-12 fluorescent fixtures with T-8 inside the Hester Center and 400W metal halide high-bay lights in the gymnasium were replaced with T-5 fluorescents. Motion sensors were installed throughout the Center and appliances inside the Center were replaced with Energy Star appliances. The Activity 2 has outdoor ball-field lighting was retrofitted with energy efficient MUSCO lights. been completed at a cost of $372,042.63 of grant funding . Activity 4 comprised of a citywide occupancy sensor retrofit. A total of 265 occupancy sensors were installed in the City Hall Complex, Public Works Complex, Fire Station #2, Fire Station #3, Activity 4 has been completed at a cost Fire Station #4, Fire Station #5 and the Art Center. of $23,320.00 of grant funding. Activity 5 is comprised of the installation of two (2) solar water heaters and solar array consisting of 30 photovoltaic panels at Fire Station #5. The project also includes net meter monitoring of the renewable energy generated on the City’s website and in the lobby of Fire Activity 5 is complete with a cost of $55,000.00 of grant funding, Station #5. Activity 6 is an Electric Vehicle Charging Station (EVCS) demonstration project which installed fie (5) stations throughout the city with two (2) located at the Boynton Beach City Library parking lot, one (1) at Oceanfront Park Beach parking lot, one (1) at the Amphitheater/Kid’s Kingdom Playground parking lot, and one (1) at Fire Station #5. The total project is $19,400.00 of which $12,654.00 was paid for by the EECBG. The city provided the difference in the project cost of $6,746.00 from account GG0901 - Municipal Building Energy/Environment Initiatives - 302- Activity 6 is complete at a cost of $12,654.00 of grant funding. 4101-531-62.01. Three (3) years administering the EECBG, the City of Boynton Beach has truly achieved the biggest bang for its buck. With the creation of the Climate Action plan that will continue to guide the city in its sustainability efforts for the next twenty years, to the energy efficiency and GHGE reduction demonstration projects, Boynton Beach continues to be a frontrunner in sustainability. nd The EECBG was closed out in the 2 Quarter of 2012. CAP Implementation Strategies: 349 of 505 4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation Evaluate energy efficiency of high-service pumps. Develop an energy efficiency strategy for 1. water utility operations to maximize efficiency of treatment, operations and equipment. High service pumps at the East Water Treatment Plant will be replaced as part of the Progressive Design Build project. An overall energy efficiency strategy could include an Energy Service Company (ESCO) contract and other City departments. Explore opportunities to incorporate renewable energy sources into the expansion or retrofit 2. of water infrastructure. In the planning process; two windmills have been installed in the Stormwater Pond for aeration, and a third windmill is planned for the Tennis Center/Barrier Free Park property on Congress Ave. 4. Maximize use of the East Lime Softening Plant and minimize use of the West Membrane Treatment Plant. In progress; Construction of Section “A” of the raw water main is complete. The design of Section “B” is complete. Section “C” is in permitting. Construction will be completed in 2014/2015. 10. Determine the effectiveness of reducing unaccounted for water losses from system leaks. COMPLETE. The City has one of the lowest unaccounted for water loss rates in the region at less than 2%. South Florida Water Management’s target for utilities is less than 10%. 12. Enhance the City’s water conservation education program and better utilize the City’s website and social media to communicate the program. COMPLETE. Website includes link to SRWMD website. Utilities are continuing the WaterWise education program. They have begun utilizing social media to inform residents of conservation initiatives. 13. Promote partnerships and consistent conservation policies with all users within the City’s water service area including homeowner’s and condominium associations. Outreach has begun regarding stormwater management during major rain events and hurricane season. Water conservation is being included as part of future outreach efforts in partnership with the LWDD and SFWMD. 4.1.3 City’s Vehicle Fleet and Employee Commuting 350 of 505 1. Evaluate the need for each vehicle in the fleet and eliminate those vehicles that do not fulfill a specific purpose. Consider setting a goal of eliminating 5 to 10 percent of the fleet vehicles through implementation or recommendations listed in 4.1.3. COMPLETE. This goal has been reached through reductions in operating department programs and budgets. 2. Develop a fleet retrofit schedule to either hybrids, electric or conversions to compressed natural gas vehicles. Assure adequate recharge or plug in facilities to service fleet. Develop return on investment and cost comparison analysis for same. Determine the feasibility of only purchasing vehicles to meet new vehicle greenhouse gas emissions standards promulgated by EPA. This remains an on-going objective of the Fleet Plan. The Fleet Administrator considers purchase of alternative fuel vehicles (AFV) but currently they are not cost effective compared with the initial high pricing of AFV’s and the low annual mileage usage for current fleet vehicles. 4.1.4 Emissions from Solid Waste . 2Meet or exceed the State’s recycling target for municipal solid waste of 75% by 2020. This would include meeting the annual reporting requirements to Section 403.7032, F.S. Staff is developing a new rate structure for commercial recycling which may potentially increase recycling with minimal cost to customer or City. Staff is also working with the SWA to create a permit process to allow commercial single stream recycling and will allow tracking for the amount of increased recycled commercial waste. In 2013 staff developed a program to track the amount of material recycled by LEED projects. 3. Adopt a similar voluntary reporting policy for businesses such as that are found in Section 403.7032, F.S. encouraging reporting the materials they recycle to the county. The evolving permit process referenced in 4.1.4.2 will satisfy this goal. 5. Develop appropriate composting policies consistent with Section 403.706, F.S. for organic materials or mulching organic materials that would otherwise be disposed of in a landfill. Determine additional opportunities for composting in partnership with the private sector. Staff recommends this item be deleted as it is no longer relevant. All landscape materials are transported to the SWA to be either composted or burned for electricity. The City is able to track the tonnage that is being recycled and reused. 6. Ensure new development projects on or after July 1, 2012 for multi-family residential or commercial purposes provide adequate space and receptacles for recycling by tenants and owners consistent with HB 7243 amending Section 403.706, F.S. Determine system for monitoring and tracking compliance with building permit process. COMPLETE. This is mandated in our City of Boynton Beach Code of Ordinances section 10-25 (5) & (6). Staff monitors and tracks compliance through the building permit and site review processes. 4.2 Community Engagement . 18Establish a local partnership to offer education, training and resources for contractors and design professionals. The City has hosted several training and educational meetings and seminars with the International Code Council, Gold Coast Builders Association and the PBC Planning Congress. The City partners with the Florida Green Energy Works (PACE) who has conducted workshops and one-on-one training to educate and encourage vendors to participate in the City’s PACE program. And staff is developing a workshop to educate and integrate Contractors, Design Professionals and Public Artists on the City’s Green Building Program. This has become an on-going initiative as staff continues to look for educational partnership opportunities. 4.4 Transportation 351 of 505 1. The City should establish an integrated network of non-motorized transportation corridors by including and utilizing existing rights of way that connect parks, linear parks, greenways, canals and waterways to increase the non-motorized transportation network.  Identify any missing links in the network to ensure all City streets have sidewalks.  Improve pedestrian continuity on downtown streets to decrease short trip automobile use and iterative parking, increase transit viability and require less parking.  Provide or require bicycle and pedestrian ways for connecting residential areas to recreational areas, schools, shopping areas and employment areas.  Promote bicycling and pedestrian facilities and incorporate the “complete streets” concepts to accommodate the needs of different transportation modes and users into the City’s transportation plans. Accommodate automobiles, transit vehicles and non- motorized forms of transportation.  Ensure a safe and comfortable environment for diverse users.  Aesthetically pleasing.  Place special emphasis on streets located in the downtown area and in single family neighborhoods These strategies are part of a single non-motorized transportation plan for the City. An interdepartmental team is working on connectivity mapping for an overall greenway, blueway, bikeway, pedestrianway masterplan. We are looking at the potential for a Transportation Enhancement Program Grant. And the Florida Paddling Trails Association (FPTA) recently designated the E-4 canal as a blueway. The City is an active member of the FPTA with 2 designated kayak launches in the City along the Intercoastal waterway. 5. Implement traffic engineering improvements or enhancements. Prioritize the area along Congress Avenue between Gateway Boulevard and Woolbright Road. COMPLETE. Palm Beach County controls all signal timing. All arterials in the City of Boynton Beach have signal systems coordinated to platooning traffic. Signal coordination is one direction only and is based on peak hour demands. The County modifies signal timing to respond to changing traffic conditions. 4.5.1 Land Use 1-18. Implementation of the 4.5.1 (Land Use) will be affected by the overhaul of the growth management laws that took place in 2011. All provisions pertaining to energy efficiency requirements in planning codified in 2008 (HB 697) were deleted. These included energy conservation, energy-efficiency language in items. CAP initiatives 4.5.1.1-8 are no longer mandatory. This means that we ourselves can determine which provisions of our CAP should find their way into the Comprehensive Plan. The plan remains unchanged; we will add the short Energy Conservation Element to the Comp Plan and depending on provisions included in the new element, additional policies will be added to remaining elements as necessary. The CAP will be part of the Comp Plan’s Support Document. *Note: We are currently working with TCRPC on Comp Plan language for downtown Transit Oriented Development (TOD) which is an important strategy to reduce GHGE in the transportation sector. The TOD amendments will come before the Commission in 2013. Intergovernmental Coordination Element: 21. Add a policy that promotes coordination with the efforts of the Southeast Florida Regional Climate Change Compact. COMPLETE. On December 4, 2012 the City Commission signed a Resolution No. R12-127 (Mayor’s Pledge) affirming support for the Southeast Florida Regional Climate Change Compact, agreeing to consider implementing the Regional Climate Action Plan in whole or in part as appropriate for the City of Boynton Beach. The City of Boynton Beach is 352 of 505 the voting municipal representative for Palm Beach County on the Compact’s Staff Steering Committee. 4.5.2 Sustainable Construction 3. Identify land use categories and zoning districts where alternative energy projects are an allowable use. Ensure land development regulations comply with Section 163.04, F.S. in that property owners cannot be denied (nor can condominium associations restrict or prohibit) solar collectors, clotheslines or other energy efficient devices from renewable resources. Similarly, Section 718.113(6) F.S. allows the board of administration of a condominium the authority to install upon or within the common elements or association property of a condominium solar collector, clotheslines, or other energy efficient devices based on renewable resources for the benefit of owners. COMPLETE. LDR is compliant with this item. In the near future staff will introduce new language that allows energy-producing windmills within certain zoning districts. 7. Address sustainable construction principles on City Facilities: - Pursuant to Chapter 255, F.S. all City of Boynton Beach buildings shall be constructed to meet:  The USGBC LEED rating system.  The Green Building Initiative’s Green Globes rating system.  The Florida Green Building Coalition standards, or  A nationally recognized, high-performance green building rating system as approved by the Florida Department of Management Services. Develop sustainable building criteria for capital improvements that are less than whole buildings. The City should track its own level of greenhouse reductions at facilities and include these in the City’s Annual Report on GHG emissions. The Green Building Code is applicable to this recommendation. It allows for LEE and other green rating systems. The City has embarked on the EPA Portfolio Manager to track our own levels of GHGE at the City facilities. Staff is currently in the data entry phase of this project. 353 of 505 CITY OF BOYNTON BEACH CLIMATE ACTION PLAN IMPLEMENTATION STATUS REPORT st 1 Quarter 2013 May 21, 2013 ON-GOING IN PROCESS COMPLETE IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date 4.1.1 Buildings and Facilities Objective: Reduce GHG emissions from City operations 3 percent by 2012, 13 percent by 2025 and 18 percent by 2035 as compared to 2006 levels. 1. Develop an HVAC and lighting retrofitting strategy and timetable. Public 2008 On-Many fluorescent City capital lights in city budget line Works going facilities have item for been replaced by Energy comprehensive Efficiency. facility planning. Other PW Now part of operating routing funds. maintenance. Also HVAC systems & air handlers will be replaced with more efficient systems where feasible. 2. Eliminate or reduce use of refrigerant gases (Hydrofluorocarbons (HFC), Public 2005 On-As mechanical City CIP equipment is funds. Works Hydrochlorofluorocarbons (HCFC), and Chlorofluorocarbon (CFC)), which have going replaced, units Global Warming Potentials (GWP) that are thousands of times greater than CO2 in have new 354 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date HVAC systems and replace them with more ozone and climate-friendly refrigerant refrigerant. All will be complete by gases (such as propane, butane, and cyclopentane, water, ammonia and air). 2020. 3. As older computer equipment and appliances must be replaced, ensure that new ITS 10/10 COMP ITS has taken Any ENERGY STAR approved equipment meets Energy Star or equitable ratings LETE Low Carbon IT future Power funding will Management come from Pledge. Policy the I.T.S. in place for all Computer replacement Equipment equipment to be Account Energy Star (001-1510- rated. 513-64-15) 4. When planning public infrastructure investments, consider the physical, Public 2005 COMP This is now a City CIP standard design project Works environmental and economic impacts of increasing the energy and water efficiency LETE consideration in funds. of the projects. Examine the Capital Improvements Element of the Comprehensive all capital Plan to identify potential opportunities to increase the efficiency of these projects projects. over their lifespan 4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation Objective: Conduct energy audits to determine improvements to reduce electrical costs at the City’s water and wastewater facilities 1. Evaluate energy efficiency of high-service pumps. Develop an energy efficiency Utilities 2011 TBD High service Utilities CIP pumps at the strategy for water utility operations to maximize efficiency of treatment, operations East Water and equipment. Treatment Plant will be replaced as part of the Progressive Design Build project. An overall energy efficiency 355 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date strategy could include an Energy Service Company (ESCO) contract and other City departments 2. Explore opportunities to incorporate renewable energy sources into the Utilities 2011 TBD In planning Utilities CIP process, two expansion or retrofit of water infrastructure windmills have been installed in Stormwater Pond for aeration, and a third windmill is planned for the Tennis Center property on Congress Avenue. 3. Increase use of aquifer storage and recovery of excess water that would Utilities 2006 2011 COMPLETE – CIP - ASR wells #1 & $3.43M ultimately be discharged to the ocean during the wet season. #2 operational. 4. Maximize use of the East Lime Softening Plant and minimize use of the West Utilities 2010 2014 In progress. Utilities CIP Construction of $3.42M Membrane Treatment Plant. complete project Section “A” of the Section “A” raw water main is of the raw complete. The water main design of Section “B” is complete, and Section “C” is in permitting. Bidding of both projects will be nd completed by 2 Quarter 2013. Construction will be completed in 356 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date early 2014. An RFP for Progressive Design Build will nd be issued by 2 Quarter 2013 for improvements at the East and West Water Treatment Plants. Construction will be completed in 2015. 5. As co-owner of the South County Regional Wastewater Treatment Facility, the Utilities TBD TBD This initiative TBD would require a City is increasing the use of wastewater by existing customers and working to partnership with expand the wastewater treatment capacity by 8 million gallons per day. Explore the Treatment partnerships with the City of Delray Beach to complete energy audits at the Facility. Plant Board and Benchmark current energy usage and efficiencies. Evaluate the potential benefits of City of Delray turbo blowers for wastewater aeration, as well as the use of variable frequency Beach. drives (VFD). Evaluate the treatment process to determine efficiency. 6. Develop a rebate and incentive program for low-flow toilets and fixtures. 7. Explore using an energy management program such as Energy Star’s “Portfolio Utilities 12/11 On-An intern Portfolio evaluated the Manager Manager” for water and wastewater plants to track, measure and reduce energy going energy savings at Software – use. See section on Monitoring. the Ezell Hester Free. Center. An itern Intern - will also assist Free with updating the City’s Greenhouse Gas Emissions Inventory and Climate Action Plan by December 2013. Objective: Reduce GHG emissions from City operations 3 percent by 2012, 13 357 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date percent by 2025 and 18 percent by 2035 as compared to 2006 levels. 8. Use regulatory methods to limit water use. While the City is only required to limit Utilities TBD TBD This initiative TBD would require outside landscape irrigation to 3 days per week, other communities within the 16 modification of counties of the South Florida Water Management District are only allowing 2 day the City’s per week watering. CDM recommends exploring the feasibility of reducing the ordinance and number of days or hours of landscape irrigation allowed under the City’s water the assistance of conservation ordinance as compared to the relevant requirements in Chapter 40E- Code 24, F.A.C. The City may consider encouraging low-volume irrigation that may be Enforcement. used without restriction on days irrigated. Utilities and Public Works/ Engineering currently encourage low- volume irrigation for new and retrofit projects. 9. Adopt Florida Friendly landscaping principles in the land development code P&Z 2011 Aug. COMPLETE N/A. Staff hours. including identification of permitted and prohibited species. Establish landscape 2011 General requirements in the City’s Land Development Regulations with a target of greater Fund than 50 percent for new landscaping consisting of Florida Friendly species including lawn grass. 10. Determine the effectiveness of reducing unaccounted for water losses from Utilities 2011 2013 COMPLETE. N/A The City has one system leaks. of the lowest unaccounted for water loss rates in the region at less than 2%. South Florida Water Management’s target for utilities is less than 10%. 11. Consider adoption of the Model Ordinance for Installation, Maintenance, and P&Z Dec TBD P&Z staff N/A. reviewing the Staff hours. Operation of Sensing Devices on Automatic Landscape Irrigation Systems created 2011 Model Ordinance General 358 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date by DEP. Require irrigation systems to be designed and installed to prevent spray to determine if Fund this is something on structures we want to insert into the LDR. 12. Enhance the City’s water conservation education program and better utilize the CM Fall COMP Website includes N/A link to SFWMD Staff hours. City’s website and social media to communicate the program. 2012 LETE website. Utilities General continuing Fund WaterWise education program. Will utilize social media to inform residents of conservation initiatives. 13. Promote partnerships and consistent conservation policies with all users within Utilities TBD TBD Outreach has TBD begun regarding the City’s water service area including homeowner’s and condominium stormwater associations. management during major rain events/hurricane season. Water conservation could be included as part of future outreach efforts. 14. Establish aggressive water efficiency standards for City and non-City new Dev. 2011 2011 Part of the Green N/A. Staff Building Program hours. Dept. construction and major renovations which exceed the Florida Building Code2 based on non-General standards in the Sustainable Construction section and based upon appropriate mandatory Fund standards such as U.S. Environmental participation Protection Agency’s (EPA) WaterSense or Energy Star. See further recommendations related to water efficiency 15. Establish landscape requirements for single family infill that can support creation of an urban forest with energy conserving benefits 16. Establish an urban forestry program to develop a city-wide tree canopy survey P&Z 2011 Dec. In process TBD 359 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date with the eventual goal of reducing the “heat island” effect due to dark or asphalt 2012 surfaces. 4.1.3 City’s Vehicle Fleet and Employee Commuting Objective: Identify opportunities to reduce the City’s vehicle fleet emissions through decreasing the size of the fleet and/or increasing the fuel efficiency of the vehicles with a goal of 10 percent fleet emissions reductions by 2035. 1. Evaluate the need for each vehicle in the fleet and eliminate those vehicles that Public 2008 2013 COMPLETE Fleet Plan This goal has Works do not fulfill a specific purpose. Consider setting a goal of eliminating 5 to 10 been reached percent of the fleet vehicles through implementation of recommendations listed through below. reductions in operating department programs and budgets. 2. Develop a fleet retrofit schedule to either hybrids, electric or conversions to Public 2008 On-Remains an on-Fleet Plan going objective. Works compressed natural gas vehicles. Assure adequate recharge or plug in facilities to going Fleet service fleet. Develop return on investment and cost comparison analysis of same. Administrator Determine the feasibility of only purchasing vehicles to meet new vehicle considers greenhouse gas emissions standards promulgated by EPA. purchase of alternative fuel vehicles but are currently not cost effective compared with the initial high pricing and low annual mileage usage for fleet. 3. Implement GIS-based employee rideshare program and electronic bulletin board. ITS/HR 2011 Fall ITS & HR to N/A create a Staff hours Adopt a City rideshare policy manual. 2012 rideshare General program to Fund include data base 360 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date of employees willing to ride- share & policy to help regulate the program. Employees can find alternative commuting information through the City’s intranet, “I- Boynton” at http://www.18002 34ride.com/bbfl/ 4. Develop and adopt a high-occupancy vehicle incentive program through preferred employee parking incentives 5. Adopt a City policy for all City operations to reduce miles traveled and hours traveled by considering efficiencies in scheduled meeting times and locations. 6. Enhance a vehicle idling policy for all applicable City vehicles that furthers the Public 2010 July 1, COMPLETE – N/A # 08.01.02 Staff hours Works APM objectives of the vehicle idling reduction requirements in Chapter 62-285, F.A.C. 2011 General including the five minute limitation on idling from heavy-duty diesel engine powered Fund motor vehicles 7. Evaluate (and implement if feasible) provision of alternate and/or fuel efficient Public 2010 On-Segways, Electric Staff hours for People Movers or Works vehicles (such as Segways, electric or hybrid vehicles) for short-distance trips going R/D low speed made by City employees. electric vehicles would require investment & engineering studies for travel. Revisions to existing ordinances need to allow for travel on our roadway system. 361 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date 8. Research and provide recommendations regarding bicycle amenities for City PW & 2012 COMPLETE Staff hours Installed 2 bike General Eng. staff as part of facilities planning and capital budget processes. stands at City Fund Hall and adding bike amenities to all future city facility construction & rehab projects through CIP process. 9. Further research and make a recommendation regarding a “fuel-efficient shuttle” between the Boynton Tri-Rail Station and City offices. 10. Further research and provide future report on potential feasibility of workforce housing, on-site day-care, in-house cafes and other trip-saving/time-saving capital amenities. 11. Adopt employee scheduling and other measures to reduce energy use: H.R. 2010 9/12 Upcoming TBD  Adopt a City telecommuting policy manual including provisions such as those found in Section 110.171, F.S. for state agency employees. The provisions should include documenting measurable financial benefits associated with reduced office space requirements, reductions in energy consumption, VMT, and associated GHG resulting from telecommuting.  Evaluate (and adopt if the Commission believes this to be a reasonable and financially prudent action) a furlough policy to close City offices for one full week a year as an energy cost and general cost reduction strategy TBD TBD consistent with the furlough policy in effect for state agencies (Section Upcoming Unknown 100.1225, F.S.) identifying all affected positions and ensure that all affected employees are subject to the same reduction of hours for the same number of pay periods with a commensurate reduction in pay. This will result in associated reductions in VMT and GHG emissions. Due to Federal Labor Law limitations and to achieve maximum savings in both VMT and GHG emissions, it is recommended that the furlough occur over consecutive work days.  4/09 6/09 COMPLETE No cost Implement compressed 4-day workweek for City employees (already implemented by City). This has resulted in a reduction in VMT and GHG 362 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date emissions due to reduced vehicle usage as well as reduced electrical consumption by the City. 4.1.4 Emissions from Solid Waste Objective: Explore opportunities to meet and exceed the following recycling standards (for recyclable solid waste) required for counties: 40 percent recycled solid waste by December 31, 2012, 50 percent recycled solid waste by December 31, 2014, 60 percent recycled solid waste by December 31, 2016, 70 percent recycled solid waste by December 31, 2018 and 75 percent recycled solid waste by December 31, 2020. 1. Maximize the City’s E-government access and develop a paperwork reduction CM/ITS 2012 In ITS created Staff hours Process internal city General policy. Intranet for info Fund. and data sharing among city Replace employees. In existing planning phase to software at incorporate social cost media for citizen savings issue tracking & when all depts. have current scanning/data contract management expires. capabilities with new copy machines. Working on Green Office policy for addt’l paperwork reduction. 2. Meet or exceed the State’s recycling target for municipal solid waste of 75 % by Public 2010 In Staff developing Solid new rate Waste Works 2020. This would include meeting the annual reporting requirements pursuant to Proces structure for Fund Section 403.7032, F.S s commercial 363 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date recycling may potentially increase recycling with minimal cost to customer or City. Also working with SWA to create permit process to allow single commercial single stream recycling & will allow tracking amount of increase of recycled commercial waste. 2013 developed program to track amount of material recycled by LEED projects. 3. Adopt a similar voluntary reporting policy for businesses such as that are found Public 2013 Anticip Evolving permit process as Works in Section 403.7032, F.S. encouraging reporting the materials they recycle to the ated referenced in county. 2013 4.1.4.2 will satisfy this goal. 4. Review and adopt as feasible, recycling procurement policies formulated by the new Recycling Business Assistance Center in DEP. 5. Develop appropriate composting policies consistent with Section 403.706, F.S. Public Staff recommends this Works for organic materials or mulching organic materials that would otherwise be item be deleted. disposed of in a landfill. Determine additional opportunities for composting in All landscape partnership with the private sector. materials are 364 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date transported to the SWA to be composted or burned for electricity. City is able to track tonnage being recycled and reused. 6. Ensure new development projects, on or after July 1, 2012, for multifamily Public ON-GOING N/A As referenced in Staff hours Works residential or commercial purposes provide adequate space and receptacles for City Code of General recycling by tenants and owners consistent with HB 7243 amending Section Ordinances 10-Fund 403.706, F.S. Determine system for monitoring and tracking compliance with 25 (5) & (6). building permit process. 7. Publish the City’s rate of recycling on its website. Public ON-GOING N/A Staff hours Rates are Works General published Fund annually in the newspaper as part of Annual Full Cost Accounting. The data will also be placed on our newly revised web pages by March 30 each year. 4.1.5 Actions to Administer the City’s Climate Action Plan Objective: The City Sustainability Team should be responsible for implementing the Climate Action Plan, monitoring and tracking its success and developing consistent policy recommendations for the City to achieve its GHG reduction goals. 1. The City should maintain its inter-departmental Sustainability Team to meet CM Ofc 10/10 On-Team meets N/A 365 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date quarterly to evaluate the effectiveness of the City’s operations and policies on going quarterly. Staff hours General energy conservation and sustainability. Fund 2. The Team should develop office and administrative procedures “green manual” Dev. 10/10 TBD Green Manual in N/A process utilizing Staff hours Dept. with milestones, goals and timelines to meet the City’s goals. best practices General from several Fund “test” departments. 3. The Team should coordinate with Palm Beach County, the Compact, TCRPC, CM Ofc 10/10 On-Have staff N/A representatives Staff hours & MPO and SFWMD on grant funding and obtaining technical expertise on regional going on Compact, & General Grants climate change that would otherwise not be available. The Team should also reach MPO BPAC. Fund Team out to Florida Atlantic University as a source of scientific information on climate Applied for change and its projections. several grants. Have engaged FAU students in scrub project. Potential partnership with Center for Environmental Studies @ FAU. 4. The Team should develop a template and data management system to monitor CM Ofc 10/10 On-Have developed Tracking & and implemented monitoring- and track progress towards reaching GHG reduction goals. Monitoring of energy going internal tracking Staff hours. reductions should be coordinated by the City’s Sustainability Team by use of free & monitoring Free software such as EPA’s Energy Star Portfolio Manager and through the system for software. implementation of an Energy Management System which provides real-time energy projects using Currently usage (see section on Monitoring). This could be used to produce the City’s Annual ICLEI templates. no budget Report, another area of responsibility for the Sustainability Team. Energy Star for hard Portfolio Manager copy being used for Annual tracking energy Report. reductions. In Will utilize process of linking electronic into system. media to 366 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date Real-time energy publish. usage monitoring scheduled to be used for Fire Station # 5 solar project. 5. Develop an Environmentally Preferred Procurement Policy Manual/Central Finance Not started Procurement System to be used by all appropriate departments and divisions. While this may not reduce GHG emissions for the City, there are benefits at the point of production. Preference should be given to products that have a lesser or reduced effect on human health and the environment as compared to other products such as low-toxicity, recycled content, low-waste and renewable materials (unless costs are prohibitive or other environmental considerations are more important). This preference should consider all phases of the product’s life cycle, including raw materials acquisition, production, manufacturing, packaging, distribution, operation, maintenance, and disposal, including potential for reuse or ability to be recycled. The Manual/System would include the following types of products:  Biobased, biodegradable, carcinogen-free, chlorofluorocarbon-free, compostable, durable, energy efficient, heavy metal free (e.g., no lead, mercury, cadmium), less hazardous, locally manufactured, low volatile organic compound content, low-toxicity, made from rapidly renewable materials, persistent/ bioaccumulative toxic free, recyclable, recycled content, reduced greenhouse gas emissions, reduced packaging, refurbished, resource efficiency, reusable, upgradeable and water efficient. 6. Related to the Environmentally Preferred Procurement Policy as far as the GHG Finance Not started. This will be looked at impact to the City, the Sustainability Team should complete a review of the City’s as part of the purchases of commodities and based on anticipated purchasing needs and Green Office volumes, prioritize its efforts to integrate environmental considerations into their Program for purchases. This should include determination of an appropriate and reputable office supplies. standard to avoid concerns of greenwashing. Such products could include the Other purchase following: categories at a  The more than 50 recycled content products designated by the US later date. Environmental Protection Agency (www.epa.gov/cpg). 367 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date  The more than 35 energy-efficient products listed by the Energy Star program (www.energystar.gov).  The biobased products designated by the US Department of Agriculture (www.ars.usda.gov/bbcc).  Furniture purchases such as those with foam components that do not contain CFC’s or HCFCs and/or wood products certified by the Forest Stewardship Council whenever possible.  Hybrid electric or alternative fuel vehicles.  Landscaping products and services that are energy efficient and do not utilize harmful pesticides.  Paint and painting services that utilize volatile organic compounds standards such as Green Seal.  Paper (beyond the initial recycled-content requirements) such as binders, flip charts, printer cartridges, envelopes, tissue/towel products, etc.  Pest management products and services.  Vehicle maintenance products and services.  Ability or a policy to recycle electronic waste.  Green Housekeeping policy that includes environmentally preferred cleaning products/services requirements for internal or contracted janitorial services.  Require contractors to meet certain energy efficiency standards in their fleet where appropriate.  Develop criteria for evaluation of governmental services contracts that provide points to “green certified” businesses with documented programs and criteria.  Determine the feasibility of pursuing a “green” certification for City offices.  Establish guidelines for businesses submitting proposals to do work with the City such as preferred off-peak travel drop-off times for responses.  Develop a financial implementation strategy including grants, financing districts and revolving loan funds for commercial and residential properties. 4.2 Community Engagement Objective: Motivate all Boynton Beach residents and businesses to adopt beneficial habits that reduce GHG emissions. 368 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date 1. Place the CAP, and highlight its adoption, on the City’s website, BBTV and in the ITS/CM 4/11 Fall Complete N/A Staff hours media. 2012 General Fund 2. Design a marketing program to educate the public on the benefits of energy & CM 3 PSA’s N/A Staff developed 7 hours water efficiency and improved air quality. (BBTV PSA-type message to be aired. Marketing General developed and aired.) program in Fund development process. 3. Utilize existing programs such as “Commit2BFit” and “Bike to Work” week to H.R. 1/11 On-Have become N/A annual events Staff hours highlight the relationships between these initiatives and goals of the CAP such as going General reduced greenhouse gas emissions related to less vehicle use. Fund 4. Use of City facilities, newsletters, the website, library programs, social media and Team 4/11 On-Educational N/A sessions for Staff hours providing information through utility bills should all be considered in the cost-going youth & adults General effective development of the program. held at Library Fund during Earth Week in April 2013. City website has section devoted to best practices for individuals & businesses under the Green Practices section of Go Green Boynton! 5. Demonstrations and signage in City Hall and partnerships with the library and Team 4/11 On-On-going schools district will disseminate the messages to a greater audience. going 6. Continue to support assistance programs to low income households such as the Comm. On-On-CDBG rehabs Federal have upgraded funding Improve Federal Weatherization Assistance Program to increase educational opportunities going going energy efficient ment such as energy conservation at existing homes. materials. Will 369 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date continue to education public on available programs. 7. Analyze and increase utilization of existing communications opportunities such Team 6/12 On-In planning Staff process. Will use as newsletters, mailers, the City’s marquee, utility bills, new resident packages, City going hours. city energy Services Institute and flyers/posters to communicate the City’s CAP concepts. In improvements as particular, communicate the City’s water conservation goals in its utility bills. In demo projects to particular, use the City’s buildings as a mechanism to increase awareness of the increase City’s CAP and accomplishment of goals as well as an opportunity to educate home awareness. Also and business owners about the benefits of going green. working on community outreach program. 8. Increase the information on the City’s “Go Green Boynton!” portion of the website Dev. 02/11 Fall Go Green N/A Boynton web Staff hours. Dept. including educational materials about citizen and business led initiatives to 2013 pages updated. General incorporate sustainability principles into everyday decisions. Communicate the Working on Fund City’s energy savings due to implementation of the CAP. Additional establishing links. recommendations include: Considering  Feature a “Green Home Makeover” once a month on the City’s Green alternatives to Section of its website. Green Home  Create links on website to information on tax and rebate incentives for Makeover for homeowner and business energy retrofits. featured section.  Create a link to a personal GHG emissions calculator and include tips to personally reduce GHG emissions. 9. Use press releases to highlight the City’s accomplishments including retrofits at CM 10/10 On-Staff will continue N/A to issue press Staff hours buildings, green events or renewable energy projects on buildings such as the going and social media General retrofits being completed pursuant to the City’s EECBG. releases as Fund needed. 10. Examine how to increase the visibility and reach of the City’s CAP message, ITS/CM 10/10 On-Public outreach N/A templates will Staff hours strategy and goals with its younger, older, minority and ethnic citizens. going assist in creating General an overall Fund communications 370 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date plan. Currently staff has been visiting schools and organizations to talk about the CAP message. The GO GREEN BOYNTON webpage is being revised for interactivity and currently use FaceBook and Blog to inform citizens. 11. Develop an initiative to focus on increasing awareness of the City’s recycling ITS/PW 2011 2012 An entire page on N/A the city website is Staff hours program and successes. This initiative should also focus on home and business be devoted to General owner tips and strategies for increasing recycling. recycling with Fund information about *Note: This will be an on-going initiative as facets of recycling change in the coming the City’s years, this goal will further evolve. recycling program, how to participate, and many web-links to resource information for homes and businesses wanting to begin recycling, or improve their efforts. 12. Determine the feasibility of using transit facilities/stops to increase awareness related to transportation-related GHG reduction strategies. 13. Promote state’s recycling target of 75 percent. Expand the current recycling Public On-Same as 4.1.4.2 371 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date program through consideration of alternative methods and increasing public Works going awareness. 14. Publish monthly energy use in local City newsletter and on website. ITS/CM/TBD TBD Not yet started. Software Waiting to free. Utilities implement Staff hours Energy Star General Portfolio Manager Fund Monitoring Software 15. Energy and water efficiency strategies incorporated into monthly water utilities Utilities On-On-Have been N/A notifying citizens Staff hours billing. going going of water General restriction Fund information. Will expand info to incorporate efficiency & conservation tips. Info in annual water report. Objective: The City should form partnerships between other local governments, Chambers of Commerce, the business community and engage all its citizens, from the very young to seniors, to assure it achieves a “cultural shift” embracing the concepts of sustainability. 16. Consider organizing individually or in partnerships with other local governments. CM & Aug On-Will begin N/A Staff process with hours Dev. Models include the Florida Chamber of Commerce and the growth and climate 2012 going PACE marketing General Dept. related events that they hold each year or the Palms West Chamber of Commerce campaign for Fund and their Florida Green, Energy & Climate Conference/Expo. This could increase energy efficient awareness of the CAP’s implementation, increase exposure for vendors of local retrofits for green products and services and other common areas of interest. commercial property owners. Also part of BP Marketing Plan 17. Develop a partnership with the Greater Boynton Beach Chamber of Commerce CM & Aug On-Will be working N/A Staff with Chamber for hours Dev. to formulate a “green” certification program or “leadership council” to promote the 2012 going business green General 372 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date concepts of cost savings and reductions in GHG emissions from the business Dept. certification Fund program as part community. Examples include Manatee County and the Green Business of PACE Leadership Council or Green Business Partners programs in Sarasota County. Develop a training program for local businesses in conjunction with this initiative. 18. Establish a local partnership to offer education, training and resources for Dev. 06/11 On-Hosted several Green training & Building Dept. contractors and design professionals. going educational Fee meetings & Building seminars with the Division *Note: This has become an on-going initiative as staff continues to look for International Training educational partnership opportunities. Code Council; Account Gold Coast Interlocal Builders cost Association; and sharing PBC Planning congress. Developing workshop to educate and integrate Contractors, Design Professionals and Public Artists on the City’s Green Building Program. 4.3 Fuel and Energy Use Objective: Reduce energy use in existing and new construction and incentivize the use of renewable/alternative energy sources. Develop a feasible target for renewable energy production within the City for City operations and facilities by a certain date. 1. Develop financial, regulatory and policy incentives, and explore partnerships, for Dev. 2011 On-Partnership with N/A. Staff the County on hours. Dept. development of energy efficiency and renewable energy projects and programs, going their Energy General training and incentivizing green jobs and assisting local business through retention 373 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date and expansion. Revolving Loan Fund Fund. 2. Identify City buildings and facilities appropriate for renewable energy projects Public 2010 On-Several projects Grant have been funding Works including street and parking lighting. Ensure involvement of the water and going successfully and other wastewater utilities facilities in this effort. Seek grants and other funding completed, operating opportunities to implement renewable energy projects on City buildings or at City including the budget facilities. Use retrofitted City facility projects as “demonstrations” to increase most recent funds. awareness in the community. extension of reclaimed water to the new Galaxy elementary school. Continue to identify projects and look for funding. 3. Assess vacant lands or other parcels appropriate to encourage the development Dev. 2011 TBD Renewable N/A. Staff energy will be the hours. Dept. of alternative energy projects. Verify that code provisions do not inadvertently last phase of the General discourage alternative energy projects. Seek partnerships with electric utilities for Green Building Fund siting renewable energy projects. Identify opportunities, such as solar photovoltaic Program. Codes panels (PV), where a demand for manufacturing exists and develop an economic do not prohibit incentive program to attract green businesses. alternative energy installations 4. Create incentives for renewable energy use in new construction. Define City and Dev. 10/12 9/13 Adoption of IGCC TBD is initial phase of Dept. Community standards for energy efficiency and renewable-energy criteria when the Green assessing the housing, commercial and transportation sectors. Determine the Building feasibility of achieving low or zero net GHG emissions in all new buildings and Program, homes. Such standards could include a renewable energy target for homes and Renewable businesses or use of renewable energy in a certain amount of public facilities. energy is phase 3 of the implementation. Phase 2 will constitute the 374 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date residential implementation of the Green Building Program. Anticipated 5. Develop policies to ensure that new buildings and major remodels can adapt to Dev. TBD TBD On hold pending N/A adoption of Staff hours Dept. the changing climate with concepts including building floor elevation or requiring revised Palm General electrical infrastructure is located at a higher level in the building. Beach County Fund flood plain maps and the upcoming revisions to the Florida Building Code. 6. Explore an ESCO partnership as a possible opportunity for establishing a CM/PW/4/11 TBD Have begun N/A conversations Staff hours Utilities measurement and verification system for existing energy use management in the with departments General City and CRA buildings. re; potential Fund projects for ESCO partnerships 7. Develop an ESCO energy performance contract (PC) request for proposal (RFP) to avoid allocating capital dollars for energy retrofits on buildings and facilities. 8. Support initiatives to increase the amount of, and access to, alternatively fueled Public 2010 On- Natural gas Evaluation stations no longer being done Works vehicle infrastructure such as fueling stations. going considered. Initial by staff. infrastructure too Staff hours costly. City has General installed 5 free-Fund to-public EV Charging Stations. City continues to explore use and expansion of 375 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date EVCS’s. 4.4 Transportation Objective: Reduce per capita daily VMT each year for the next 20 years. 1. The City should establish an integrated network of non-motorized transportation P&Z 2011 TBD Greenway, At this blueway, time, only Rec corridors by including and utilizing existing rights of way that connect parks, linear bikeway, staff hours. PW parks, greenways, canals and waterways to increase the non-motorized pedestrian plan General transportation network. will address Fund  Identify any missing links in the network to ensure all City streets have some of these sidewalks. issues.  Improve pedestrian continuity on downtown streets to decrease short trip Interdepartmental automobile use and iterative parking, increase transit viability and require team working on less parking. connectivity  mapping. Provide or require bicycle and pedestrian ways for connecting residential Looking at areas to recreational areas, schools, shopping areas and employment potential for areas. Transportation  Promote bicycling and pedestrian facilities and incorporate the “complete Enhancement streets” concepts to accommodate the needs of different transportation Program Grant . modes and users into the City’s transportation plans. Accommodate FPTA recently automobiles, transit vehicles and non-motorized forms of transportation. designated E-4  Ensure a safe and comfortable environment for diverse users. canal as  Blueway. COBB Aesthetically pleasing. listed with 2  Place special emphasis on streets located in the downtown area and in kayak launches. single family neighborhoods. 2. Evaluate and Improve City-Wide Bicycle Facilities Network and adopt a P&Z Begun TBD Part of the N/A Greenway, Staff hours pedestrian and bicycle master plan by (a commission-determined date). blueway, General bikeway, Fund pedestrian way masterplan 3. Require a minimum amount of long-term bicycle parking areas for multi-family P&Z N/A N/A COMPLETE N/A Staff hours housing and mixed use developments in areas other than the actual dwelling unit. General Fund 376 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date 4. Create Transportation Management Association (or Alliance) of Commercial Interests along the Corridor to Develop a Trip Linkage Strategy. 5. Implement traffic engineering improvements or enhancements. Prioritize the area Public 2010 COMPLETE N/A County controls Works along Congress Avenue between Gateway Boulevard and Woolbright Road. all signal timing. All arterials in COBB have signal systems coordinated to allow platooning traffic. Signal coordination is one direction only based on peak hour demands. County modifies signal timing to respond to changing traffic conditions. 6. Identify and create a GIS map of any existing locations for alternatively fueled ITS/PW Begun On-City has 5 EV ARRA Charging funding for vehicle charging stations. Determine future opportunities for expansion of the going Stations depicted initial 5 network. on various EVCG’s. websites. Staff hours Marketing needs General expansion Fund (outside goal). Expansion of stations will depend on usage/demand. Currently EVCS’s have consumed no electricity. 7. Include development approval incentives to encourage prioritized parking and P&Z 2011 TBD Staff has created N/A. EV Infrastructure Staff hours. charging stations for alternatively fueled vehicles in redevelopment projects. 377 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date ordinance. General Approved by Fund P&D and coming before Commission in May 2013. Objective: Determine current levels of citywide transit use and increase ridership. 8. The City should monitor the South Florida East Coast Corridor Study focusing on Public 2007 On-Engineering and N/A Planning staff Staff hours Works the eastern portions of the three counties, mainly along I-95, U.S. 1 and Old going continue to General Dixie/Federal Highway. The Study objective is to relieve roadway congestion along attend meetings Fund the roadways while providing the needed freight transport to the area. The Study is and monitor. also reviewing the potential for additional transit service along the corridor that Boynton would provide connectivity to existing and proposed transit (Tri-Rail, Metrorail, designated for Miami streetcar, East-West Line in Broward). train stop on future Tri-Rail Coastal Link. 9. The City should create incentives to be implemented in the development approval process for commercial projects that link directly to public transit alternatives such as Tri-Rail. 10. Develop City-Wide Multi-Modal Map that illustrates deficiencies and P&Z TBD Dec. Upcoming N/A. Staff hours opportunities related to transportation and land use integration. The City should 2011 General work with Palm Tran and private developers in increasing the transit modal split for Fund all trips and also work trips in the City of Boynton Beach 11. City should coordinate with Palm Tran and other transit providers on the provision and/or enhancement of transit services that connect the City’s western communities with downtown. 12. City should increase opportunities for park and ride facilities as a means to encourage greater use of transit and to increase opportunities for ridesharing. 13. Continue work with the MPO, TCRPC and Boynton Beach Community P&Z / 2010 TBD ON-GOING N/A. Staff sits on Staff hours CRA Redevelopment Agency on the Intracoastal Waterway (ICW) plan to expand all planning General forms of water-based transportation. committee for Fund PBC Water Taxi 378 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date 4.5 Land Use and Development 4.5.1 Land Use Objective: Develop and transmit Comprehensive Plan amendments to implement the CAP and meet new Chapter 163, F.S. requirements to incorporate greenhouse gas reduction strategies into specific elements. 1. The future land use plan shall be based upon surveys, studies and data P&Z 2011 Dec. 4.5.1 (1-22) N/A. Amendments to Staff hours regarding the area, including the discouragement of urban sprawl; energy efficient 2013 Comp Plan General land use patterns accounting for existing and future electric power generation and mandated by Fund transmission systems; and greenhouse gas reduction strategies. This will require Chapter 163, F.S. some level of coordination with power providers on future facilities. & additional 2. Transportation strategies to address reduction in greenhouse gas emissions from implementing the transportation sector, Section 163.3177(6)(b) F.S. There is no explicit measures requirement for supporting data and analysis regarding GHG emissions. included in the 3. In the Conservation Element of the Comprehensive Plan, Section CAP. 163.3177(6)(d), F.S. factors that affect energy conservation must be included and the Section requires the land use map or map series contained in the future land Implementation of the 4.5.1 (Land use element to generally identify and depict “energy conservation”. Use) will be 4. The housing element shall consist of standards, plans, and principles to be affected by the followed in energy efficiency in the design and construction of new housing and the overhaul of the use of renewable energy sources. In Sections 163.3177(6)(f)h. and i., F.S. there growth are no definition of standards, and principles for energy efficiency in new management construction or use of renewable energy sources. laws that took Recommendations to Comply with HB 697 Future Land Use Element: place in 2011. All 5. The land use map or map series contained in the future land use element should provisions be amended to generally identify and depict energy conservation. pertaining to 6. Update the data and analysis discussion to include information from the GHG energy efficiency requirements in Inventory related to emissions data from various sectors. planning codified 7. Include efficient use of energy conservation as one of the resources and services in 2008 (HB697) to address in Objective 1.8 were deleted. 8. Update the Support Document to reflect additional aspects of strategies These included pertaining to compact, walkable neighborhoods, incentives for infill redevelopment, energy transit-oriented development and/or production and use of renewable energy 379 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date sources from the CAP. conservation, energy-efficiency 9. In policies related to energy efficient land use patterns, reduction of greenhouse language in items gas emissions and the efficient use and conservation of energy, required by HB 1-8 is no longer 697, include provisions such as increasing connectivity with the master pedestrian- mandatory. This bikeway-greenway-blueway plan and implementation of “qualifying improvements” means that we district or other incentives to promote retrofitting of commercial and/or residential ourselves can properties as well as City facilities. determine which Transportation Element: provisions of our 10. Update the data and analysis in the Support Document to include data related CAP should find to transportation sector GHG emissions data at the Communitywide and City fleet their way into the levels.Comprehensive Plan. 11. Update the data and analysis in the Support Document to include the CAP recommendation pertaining to identification of missing links in sidewalk networks The plan remains and establishing an integrated network of non-motorized transportation corridors unchanged. We such as rights of way, linear parks, greenways, canals and waterways. will add the short 12. Include a policy to implement recommendations in the CAP related to Energy increasing opportunities for park and ride facilities and alternatively fueled vehicle Conservation charging stations. For instance this policy could be added under Objective 2.8 Element to the relating to reduction of energy consumption. CP and Conservation Element: depending on 13. Include an Objective and Policies to address implementation of strategies for provisions included in the conserving natural-area features. This could be done be creating a new Objective new element, and Policy section or updating Objectives 4.5 and 4.6 to address these strategies. additional policies 15. Establish an urban forestry program to develop City-wide tree canopy survey will be added to with the eventual goal of reducing the “heat island” effect due to dark or asphalt the remaining surfaces. elements as Housing Element: necessary. The 16. Include discussion of the City’s Green Building Program for energy efficiency in CAP will be part the design and construction of new housing and the use of renewable energy of the CP’s sources. Support 17. Include a policy to promote partnerships with the City of Boynton Beach Document. Community Redevelopment Agency (CRA) in programs to retrofit and upgrade *Note; We are properties. currently working 18. Include a policy pertaining to development of a residential energy retrofitting with TCRPC on 380 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date (“qualifying improvements”) program. Comp Plan language for Additional Potential Amendments to the Comprehensive Plan Based on the downtown TOD CAP (important Utilities Element: strategy to 19. Amend the Sanitary Sewer Sub-Element to include concepts under Objective reduce GHGE in 3A.6 related to consideration of energy audits for wastewater facilities and transportation integrating renewable energy resources where appropriate. sector. TOD Coastal Element: amendments will 20. Revise Policy 7.1.4 to require construction in accordance with the 2007 version come before of the Florida Building Code. Commission in Intergovernmental Coordination Element: 2013. 21.  Add a policy promoting the City’s partnerships with other municipalities, TCRPC, MPO, Palm Beach County and other local governments related to the CAP’s recommendations. The City adopted  Add a policy that promotes coordination with the efforts of the Southeast by Resolution the Florida Regional Climate Change Compact. RCAP in whole or  The City should continue and enhance partnerships with the TCRPC on in part as feasible regional land use plans incorporating climate change adaptation, VMT and in Dec. 2012. increased energy efficiency. For instance, coordinate the City’s Comprehensive Plan review and revision to incorporate the CAP consistent with the TCRPC’s document “Energy Planning in the Twenty- First Century, A Guide for Florida Communities,” December 2009 (www.tcrpc.org/departments/energy.html). Capital Improvements Element: 22. Add a policy that requires the City to coordinate the annual review of the CAP with the Capital Improvements planning process to capture new opportunities for funding the CAP’s energy saving recommendations. Optional Element of Comprehensive Plan 23. The City should consider adoption of a new element of the Comprehensive Plan, pursuant to Section 163.3177, F.S., an “Energy Conservation Element” to capture most of the remaining CAP recommendations. Many local governments across the state are addressing energy conservation, including related issues pertaining to climate change and the resulting impacts, in an optional element of 381 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date their respective Comprehensive Plans. The City’s Sustainability Team will provide recommendations as to the scope of material to be covered in this optional element and its Support Document. 4.5.2 Sustainable Construction Objective: Revise the LDR as needed for policy and short term land development decision-making that supports the Climate Action Plan. 1. Govern the City by “green” or “sustainable” Land Development Regulations with Dev. 10/10 August Green Building TBD 2012 Program, Phase I Dept. different “tiers” (for example, for single family, multi-family, commercial) of design for commercial criteria to provide a variety of incentives to landowners/developers. More “intense” buildings, incentives are reserved only for parts of the City that are designated for high adopted in May density and intense redevelopment. 2011 with incentives. Phase 2 – residential buildings anticipated for Commission presentation in August 2013; Phase 3 - renewable energy – TBD 2. Review its land development regulations to determine the feasibility of using land use and parking strategies that reduce reliance on automobiles including but not limited to strategic reductions in parking supply, encouraging short term over long term parking, promotion of park-and-ride and bike-and-ride areas and shared parking facilities. 3. Identify land use categories and zoning districts where alternative energy P&Z 2011 2013 COMPLETE N?A LDR is compliant Staff time projects are an allowable use. Ensure land development regulations comply with 382 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date Section 163.04, F.S. in that property owners cannot be denied (nor can with this item…in near future staff condominium associations restrictors prohibit) solar collectors, clotheslines or other will introduce new energy devices from renewable resources. Similarly, Section 718.113(6) F.S. language that allows the board of administration of a condominium the authority to install upon or allows energy- within the common elements or association property of a condominium solar producing collector, clotheslines, or other energy efficient devices based on renewable windmills within resources for the benefit of owners. certain zoning districts 4. Create an incentive for projects that includes a “20-Minute Complete P&Z 2013 TBD Staff will explore this item during Neighborhoods” approach whereby residents can safely walk a relatively short the time the TOD distance from home to most of the destinations and services they use every day. district or overlay This could require development applicants to submit a list of neighborhood services zone is created. within a 20 Minute walking distance from their project such as:  Neighborhood oriented commercial  Restaurants  Drug stores  Convenience stores  Transit stops  Schools  Parks 5. Develop process and land development standards: Dev. 2012 TBD In process. N/A. Staff hours. Dept. Establish a recognition program for new construction and renovation, General feature on website and social networking including signage for projects Fund achieving rating.  Applications for buildings over a commission-determined square footage threshold shall include a building design and construction commissioning plan and shall be commissioned by a qualified commissioning agent to meet the owner’s project requirements.  All new commercial and multi-family construction shall include recycling facilities for non-hazardous materials including paper, glass, metal and plastic products. 6. The following design principles should be applied to residences of three stories Dev. 10/10 COMPLETE Dept. or less, additions, and renovations: 383 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date − Include standard building code provisions in the land development regulations encouraging green roof or “white roof” incentives and targets, shading of parking lots with native vegetation, pervious pavement, flat roofing with reflective standards and providing more insulation than the minimum to existing residential buildings; new heating, cooling, and water heating systems in existing buildings; and site- added components of manufactured homes and buildings. − Ensure land development regulations facilitate and promote site design criteria allowing for the easy and cost-effective installation of solar energy systems with techniques such as:  Optimum roof orientation.  Clear access without obstructions.  Designing the roof framing to support the addition of solar projects.  Installation of electrical conduits to accept solar electric system wiring.  Installation of plumbing to support an energy efficient water heating systems (tankless or solar).  Ensure new buildings incorporate passive solar design features such as daylighting. − Review the development regulations and assess need to develop any special green building criteria for historic structures. − Establish criteria for new construction or major renovations requiring hot water heating systems to achieve an Energy Factor >0.82 or a thermal efficiency of at least 90 percent (same target as Federal tax rebates). − Certified wood products and bio-based materials (engineered wood, bamboo, cork, natural fiber or other bio-based materials with at least 50 percent biobased content) shall be encouraged. − Develop land development code criteria for composting as appropriate. − Reused and recycled materials shall be encouraged in the construction process. − As a building site permits, orient and shade buildings such that:  Exterior shade is provided for south-facing windows during the peak cooling season.  Provide shading against direct sun due to low sun angles for east and west facing windows.  Protect the building from thermal loss, drafts and degradation of the building envelope caused by wind and wind-drive materials such as dust, 384 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date sand, and leaves with building orientation and landscape features.  Use landscaping to provide natural shading when feasible. − Define Florida Friendly and native landscaping species and establish planting thresholds. − Establish requirements for indoor-fixture water conservation. Select appropriate performance characteristics from the following programs: Water Sense®, Florida Building Code, Federal Energy Management Program (FEMP), Florida Water Star, and US Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED). A comparison chart of all the programs is contained in Appendix B. − Review existing landscape provisions and revise with a goal of reducing heat island effects. − Investigate the feasibility of building design guidelines and criteria to minimize the amount of non-roof pervious surfaces around buildings.  Investigate provisions and requirements for building energy efficiency improvements in leased spaces.  Coordinate with CRA to require energy efficiency to obtain funding.  Establish energy efficient outdoor lighting requirements.  Review the viability of an ordinance requiring certain upgrades that save energy and conserve water are completed at the time a property is sold. 7. Address sustainable construction principles on City facilities: Dev. 2011 COMPLETE N/A. Staff The Green hours. −Dept. Pursuant to Chapter 255, F.S. all City of Boynton Beach buildings shall be Building Code is General constructed to meet: applicable to this Fund. EPA  The USGBC LEED rating system. recommendation.  The Green Building Initiative's Green Globes rating system. It allows for  The Florida Green Building Coalition standards, or LEED and other  A nationally recognized, high-performance green building rating system as green rating approved by the Florida Department of Management Services. systems. The City has Develop sustainable building criteria for capital improvements that are less than embarked on the whole buildings. The City should track its own level of green house reductions at EPA Portfolio facilities and include these in the City’s Annual Report on GHG emissions. Develop Manager to track sustainable building criteria for capital improvements that are less than whole our own levels of buildings. green house gas emission at city 385 of 505 IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date facilities. Staff is in the data entry phase of this project 8. Offer incentives to development applicants to meet or exceed the City’s green Dev. 10/10 COMPLETE Green Building Dept. building program (see Appendix B) as appropriate such as building height, density Fund bonuses and flexible floor area ratios. Incentives should be based on the merits of the project. The incentives should be codified in the developer’s agreement between the City and the Applicant. − Market projects that achieve “certification” to real estate industry. − Determine viability of reduced cost Energy Audit for existing buildings − Investigate low interest revolving loan funds or establishment of a Property Assessed Clean Energy (“PACE”) to help finance retrofits. Ensure the program includes commercial, residential and industrial projects to maximize energy retrofit benefits among the highest energy consumers. − Research future grant opportunities to provide transportation, land use, or energy efficiency retrofit programs. In particular pursue low income weatherization assistance funds through the Department of Energy. − Support legislative initiatives to formulate a uniform state tax credit for private green buildings that meet a minimum level of green certification through a recognized green building program. − Enhance CRA Residential Improvement Program Grant ($20,000) to require CRA 10/11 9/12 Was not approved by CRA energy efficient renovations. Board for FY 11/12 386 of 505 10. B CITY MANAGER’S REPORT May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review options for broadcasting City Commission EQUESTED CTION BY ITY OMMISSION meetings. ER: XPLANATION OF EQUEST Pursuant to the request from City Commissioners for information pertaining to the cost/benefit analysis for televising our City Commission meetings, ITS staff has prepared the following information to review. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Broadcasting Options: There are two basic options for broadcasting our meetings: live and pre-recorded. Live Features Can provide “as-it-happens” coverage Increases public trust through transparency Can also be recorded for later broadcasting or other use Unpredictable events will be aired Technical issues will be exposed Increased A/V staff and equipment will be required Pre-Recorded Features Can be post-produced with graphics, overlays, and presentation material not readily available during the live broadcast 387 of 505 Allows for removal of undesired content (obscenities) Lowers A/V staff and equipment requirements Levels of Complexity: Although the configuration options available to us are significant, we will discuss three levels of complexity in regards to equipment, staffing, and process. Basic Configuration: Equipment Staff Process  Single camera with a Single camera operator The event is not  tripod broadcast live, but Second camera locked  recorded by the camera Optional second camera down; additional camera operator could be locked down operator not needed   for a wide shot Footage is digitized and Video editor (may or  edited after the event Audio would feed from may not be the same as  control room to camera camera operator) Resulting video file is for clear sound prepared for broadcast reproduction and online streaming Intermediate Configuration: Equipment Staff Process  Two to three cameras Camera operator/Video Events can be either  director (will control broadcast live, recorded Video switch/remote cameras via remote and broadcast later, or camera operation board control) both  Audio would feed from control room audio board to video switcher board  Broadcast delay switch for spot censorship Basic Configuration: Equipment Staff Process  Two to three cameras Two to three camera Events can be either  operators broadcast live, recorded Headset communication  and broadcast later, or system to camera Video director/switcher both operators (will control camera   takes and instructs the The event is broadcast Video switcher board camera operators) live with graphics,  Audio would feed from  overlays, and Optional staff member control room audio presentation materials to load any board to video switcher shown at the time of the presentations, graphics, board broadcast or overlays into the  Broadcast delay switch  video feed Only video encoding for spot censorship necessary during post- production, since everything was recorded 388 of 505 as complete during live broadcast In-House versus Out-Sourced: Two other options open for consideration is whether to provide the video broadcast service ourselves, or rely on external vendors for this service: In-House Features: Maintain control over timing use and availability of staff and equipment Capital investment in equipment and other infrastructure enhancements Addition of staff to record and produce video content Out-Sourced Features: Operating expense instead of capital expense Increased level of broadcast expertise from vendor Possible higher cost versus in-house option Permanent versus Portable: Another aspect to consider is the ability to move the recording equipment to other venues, or for use at other events. History has shown that Commission meetings are not always held in the City Hall Commission Chambers (i.e. Library Program Room, Intracoastal Park Clubhouse, Sims Center, etc.). If a future Commission meeting will be held in a location other than the Chambers, portable equipment might be an option for consideration. What we have now: The camera equipment currently installed within the Commission Chambers is over 10 years old and is not capable of recording Chamber meetings. The City of Boynton Beach owns a separate (portable) MiniDV tape video camera (non- HD) and a Manfrotto fluid-head tripod. They are in excellent working condition and would be sufficient to use in the Basic scenario. The tape-based nature of this system increases the post-production time, since the footage will need to be digitized in real- time. A hard-drive, or SD-card based camera would decrease this production time by a significant factor, vastly lowering the time-to-edit and the time-to-air. Either additional staff or staff overtime would be required for the Basic scenario. The Intermediate and Advanced options will require an infrastructure investment of varying cost, depending on the final complexity of the configuration. Changes to staffing in order to manage this function would also need to be identified. Other Considerations: Section 611 of the Federal Communications Act What is broadcast on the City of Boynton Beach PEG channel is decided by City officials: Excerpt: “…cable operators may not control the content of programming on public access channels with the exception that the cable operator may refuse to transmit a 389 of 505 public access program, or a portion of the program, which the cable operator reasonably believes contains obscenity.” Prior Effort: This project was previously reviewed in FY2008, at which time several bids were entertained. The recommended bid was valued at $71,420. An additional $15,000 was the amount recommended by our Facilities Management department to provide infrastructure improvements (lighting, electrical, window coverings, etc.) in the Chambers. Closing Summary: The ITS Department is seeking additional direction from the Commission to determine which configuration options they are interested in pursuing (live versus recorded; basic, intermediate or advanced configuration; in-house versus out-sourced; permanent versus portable). Depending on the direction chosen, additional research will be performed by ITS staff in order to further project costs and impact. FI: ISCAL MPACT  Fiscal impact has not been determined, and will be based on direction given from Commission. A: LTERNATIVES  Proceed with gathering more information (configuration, costs of equipment, staffing, etc.) and discuss during Budget Workshops in July for any consideration in the operating or capital project budgets.  Do nothing, possibly reviewing this topic at some time in the future. 390 of 505 13. A LEGAL May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-010 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code (REQUEST TABLING DUE TO PUBLICATION ERROR BY NEWSPAPER) ER: Based on Florida Statute 553.73 4(a), “Building Construction XPLANATION OF EQUEST Standards”, the State Legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. th On March 6, 2012 the City Commission adopted the Boynton Beach Amendments to the 2010 Florida Building Code. The update to the Boynton Beach Amendments to the 2010 Florida Building Code allowed staff to perform a complete review and analysis of each requirement, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and changes to the amendments for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 391 of 505 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed request would further item #1, Business and economic development initiative and item #3, internal consistency. As it currently exists, freeboard requirements associated with new construction or substantial improvements are located in two places within the City codes. The first place is the Boynton Beach Amendments to the 2010 Florida Building Code and the second place is Chapter 4, Article X, “Flood Prevention Requirements” of the City of Boynton Beach Land Development Regulations. Staff is proposing to consign the freeboard provisions to the LDR only and to remove them from the Boynton Beach Amendments to the 2010 FBC. This will help alleviate confusion and provide clarity to the public. In addition to the removal of the freeboard requirements staff has also included minor edits to clean up language affecting the management of unsafe structures, adding a previous permitting exemption for sheds less than 100 square feet, and removing fee specific language to maintain consistency with other areas of the amendments. H? The recommended clarifications OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and amendments to the code will result in better public understanding of regulations, associated permitting costs, and reduce the negative economic impact. FI: None ISCAL MPACT A: Do not approve the update to the Administrative Amendments and LTERNATIVES retain the Boynton Beach Amendments to the 2010 Florida Building Code as originally th adopted on March 6, 2012. 392 of 505 ORDINANCE NO. 13-010 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF AN UPDATE TO THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to the 2010 Florida Building Code on March 6, 2012; and WHEREAS, the City Commission hereby adopts an update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code; and WHEREAS , such amendments must be transmitted to the State within 30 days after enactment of the amendments. 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 the Update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the administration of the building codes, existing administrative laws or rules of the City shall control. 393 of 505 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. th FIRST READING this 7 day of May, 2013. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 394 of 505 395 of 505 396 of 505 397 of 505 398 of 505 399 of 505 400 of 505 401 of 505 402 of 505 403 of 505 404 of 505 405 of 505 406 of 505 407 of 505 408 of 505 409 of 505 410 of 505 411 of 505 412 of 505 413 of 505 414 of 505 415 of 505 416 of 505 417 of 505 418 of 505 419 of 505 420 of 505 421 of 505 422 of 505 423 of 505 424 of 505 425 of 505 426 of 505 427 of 505 428 of 505 429 of 505 430 of 505 431 of 505 432 of 505 433 of 505 434 of 505 435 of 505 436 of 505 437 of 505 438 of 505 439 of 505 440 of 505 441 of 505 442 of 505 443 of 505 444 of 505 13. B LEGAL May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-011 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the use of Park Impact Fee proceeds.(REQUEST TABLING DUE TO PUBLICATION ERROR BY NEWSPAPER) ER: The City Commission passed and adopted Ordinance No. XPLANATION OF EQUEST 10-025, and Ordinance No. 11-032, which established a park and recreation facilities impact fee to provide a source of revenue to fund the construction or improvement of the city park system necessitated by growth, as delineated in the Capital Improvement Element of the Comprehensive Plan. The City Attorney’s Office recommends amending the City’s Code of Ordinances to update and clarify the provisions pertaining to the use and expenditure of Park Impact Fee proceeds. The proposed amendments provide for definitions and will provide clarification to staff related to the permitted uses of Park Impact Fee proceeds. Additionally, the proposed amendments provide for the investment of Park Impact Fee funds that are not immediately expended. H? Provide additional direction to staff OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES regarding the authorized use and expenditures of Park Impact Fee funds. FI: N/A ISCAL MPACT A: Do not adopt the Ordinance. LTERNATIVES 445 of 505 446 of 505 447 of 505 448 of 505 449 of 505 450 of 505 451 of 505 13. C LEGAL May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-012 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendment to Land Development Regulations (LDR) that extend the trial period for temporary feather banners for a second 12-month period, and set a limit of two (2), 90- day display periods. ER: On May 7, 2013 the Commission received an update report XPLANATION OF EQUEST from staff regarding temporary feather banners and agreed to extend the temporary provisions for a second 12-month time period. The accompanying ordinance extends these temporary provisions from June 6, 2013 to June 6, 2014. Further, staff recommends that the regulations be amended to limit the number of display periods. The regulations, as established by Ordinance #11-030 and amended by Ordinance #12- 013, allow for unlimited 90-day display periods, with a 1-week renewal holding period to provide priority treatment of first-time applicants (recall that the regulations limit properties to 1 banner per business and 1 banner along the street front per 300 feet of linear frontage). Staff recommends that the LDR be amended to limit the maximum number of display periods to two (2) per year. This amendment would be to the Article IV, Section 4.B.10.e. The proposed change is shown in the attached ordinance. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Continued contribution to permit revenues if banner regulations are ISCAL MPACT maintained. 452 of 505 A: Not modify regulations and continue allowing additional display periods, LTERNATIVES or make alternative or additional amendments to regulations. 453 of 505 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 4 ARTICLE IV “SIGN STANDARDS” BY AMENDING SEC. 4 “STANDARDS”, SUBSECTION B.10e TO SET A LIMIT OF TWO (2) 90 DAY DISPLAY PERIODS; EXTENDING THE TRIAL PERIOD FOR A SECOND TWELVE MONTH PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , on May 7, 2013, the City Commission received an updated report from staff regarding temporary feather banners and agreed to extend the temporary provisions for a second 12-month time period; and WHEREAS, the regulations as established by Ordinance 11-030 and amended by Ordinance 12-013 allow for unlimited 90-day display periods, however staff is recommending that the LDR be amended to limit the maximum number of display periods to two (2) per year; and WHEREAS , it is the intent of the City Commission to modify the sign code to limit the maximum number of display periods to two (2) per year and extend the trial basis for a 12-month period after which time the City Commission will evaluate if the use of temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Article IV “Sign Standards”, Sec. 4 “Standards”, subsection B.10e shall be amended as follows: … 454 of 505 e. Duration. The maximum display period shall be ninety (90) days per 12-month period, except that feather banner permits may be issued for one (1) additional display periods contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of first-time applicants, a permit for an additional 90-day display period may be requested after seven (7) working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first-time applicant for a feather banner, applications shall be held by the City in queue for the next available display period based on the expiration dates of existing permits. Complete, first-time applications will be processed and held on a first-come, first-served basis. The duration period shall run for consecutive days. … Section 3. 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 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall be deemed effective as of June 6, 2013 for a period of twelve (12) months and shall automatically be repealed after twelve (12) months. 455 of 505 FIRST READING this ____ day of ____________, 2013. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 456 of 505 13. D LEGAL May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-013 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations to: 1) Create Transit Oriented Development provisions & minimum standards within the mixed-use zoning district regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking requirements in support of adaptive reuse projects. City initiated. ER: As explained in the accompanying staff report, this set of XPLANATION OF EQUEST amendments includes the initial introduction of transit-oriented development (TOD) provisions and minimum standards into the LDR, a modification of the flood prevention standards to limit applicability of the higher finished floor elevation to only new construction, and expansion of the parking provisions intended to benefit adaptive reuse projects to areas along US-1 and Boynton Beach Boulevard that have been applicable to Ocean Avenue. The proposed T.O.D. provisions have been drafted with the assistance of Kim Delaney, P.D, Strategic Planning Coordinator for the Treasure H Coast Regional Planning Council. Ms. Delaney has been involved in T.O.D. design planning on a local level involving charrettes and development standards, and has been involved with planning efforts of the FDOT and SFRTA intended to add passenger service to the FEC Rail Road corridor. Transit-Oriented Development provisions These initial provisions are intended to establish the T.O.D framework in the LDR to promote more compact development and redevelopment that supports the plans for a th rail station on NE 4 Street, between Boynton Beach Boulevard and Ocean Avenue. The emphasis of these initial provisions is on the adoption of minimum development standards to maximize dwelling units and commercial square footage in the area 457 of 505 immediately surrounding the planned train station which is called the “Transit Core”. Lastly, to allow greater design flexibility and promote traditional architecture, staff recommends that the sky exposure plane requirements in the LDR be replaced with more general, performance-based standards. Instead of requiring a quantifiable “step- back” in building design based on setback and overall height, staff proposes a series of design standards based on basic building anatomy or “hierarchy” represented by the three components of a building: the “base”, the “middle”, and the “top”. The visual value (and functional value with respect to the streetscape) of a building is measured and achieved through proper design of each component through human scale and “friendliness”, appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness (see accompanying staff report further explanation). Future amendments that continue furthering this T.O.D. framework may include, in part, incentives involving project density and T.O.D. parking standards. Floor Prevention and “free board” For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP standards and requirements. While not required by the NFIP, each community is encouraged by FEMA to adopt higher regulatory standards, such as the freeboard requirement. The “Freeboard” standard is simply requiring structures to be elevated above the minimum base flood elevation (BFE). FEMA recommends a freeboard requirement of at least 12 inches to account for the one-foot rise built into the concept of designating a floodway and the encroachment requirements where floodways have not been designated. The proposed amendment simply changes the applicability of the freeboard requirement to only new construction, leaving existing, unaltered portions of buildings to meet the minimum BFE set by the NFIP. The City adopted the one (1)-foot freeboard provisions and codified it in 1) the Boynton Beach Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article X Flood Prevention Requirements. The corresponding amendments to the local amendments to the 2010 Florida Building Code are also being proposed by staff within a separate agenda item. The proposed amendment is not anticipated to jeopardize the City’s flood rating, but instead will likely increase the cost-feasibility of expanding existing structures. Parking requirements for adaptive reuse projects Staff is proposing amendments to the Land Development Regulations (LDR) that include the reduction of required parking in association with the adaptive reuse of vacant and under-utilized buildings in the downtown area, as an interim measure, to support current CRA initiatives until such time as the future vision contained within the Downtown Master Plan is realized through planned redevelopment of these parcels. These provisions that have been in effect for the Ocean Avenue corridor are proposed to apply to selected areas along US 1 and Boynton Beach Boulevard. Such provisions are generally described as a reduction in required parking, more flexibility in off-site parking regulations and expansion of the area in which the payment-in-lieu-of-parking is allowed. 458 of 505 H? Proposed amendments will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES encourage redevelopment and development in accordance with adopted redevelopment plans and the City’s Comprehensive Plan. FI: All three sets of amendments will promote redevelopment, development ISCAL MPACT and adaptive reuse of existing properties, which have both direct and indirect benefits to property values and the City’s tax base. A: No alternatives recommended. LTERNATIVES 459 of 505 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO CREATE TRANSIT ORIENTED DEVELOPMENT PROVISIONS AND MINIMUM STANDARDS WITHIN THE MIXED-USE ZONING DISTRICT REGULATIONS; AMENDING APPLICABILITY OF FLOOD ELEVATION AND FREEBOARD STANDARDS; AMENDING PARKING REQUIREMENTS IN SUPPORT OF ADAPTIVE REUSE PROJECTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to add provisions that includes the initial introduction of transit-oriented development (TOD) provisions and minimum standards, a modification of the flood prevention standards to limit applicability of the higher finished floor elevation to only new construction, and expansion of the parking provisions intended to benefit adaptive reuse projects to areas along US-1 and Boynton Beach Boulevard that have been applicable to Ocean Avenue; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations as proposed to encourage compact, Transit Oriented Development and adaptive reuse of buildings downtown; promote both residential and non-residential expansion through reasonable application of the finished floor elevation regulations; promote business/economic development and simplify regulations thereby making the code more user-friendly. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended by adding the words and figures in underlined type and deleting the words struck through in the attached Exhibit “A” 460 of 505 Section 3. 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 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2013. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 461 of 505 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-009 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: March 20, 2013 RE: Economic Development and Interim LDR Amendments (CDRV 13- 001) – Approve amendments to the LDR to 1) create Transit Oriented Development Provisions & Minimum Standards; 2) revise applicability of Flood Elevation & Freeboard Standards; and 3) further amend parking requirements in support of Adaptive Reuse projects. OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1, Business and economic development initiatives, #2, Sustainability initiatives, and #5, by adjusting existing regulations to achieve original or current objectives. BACKGROUND AND EXPLANATION 1. TOD Provisions and Minimum Standards (also see Exhibits “A” and “B”) Overview: Florida’s coastal communities, including the City of Boynton Beach, tend to have historic 462 of 505 downtowns located along the FEC rail corridor, which historically operated as a passenger route through the state. The FEC Railroad’s historic passenger service was terminated in the 1960s, and since that time, Florida’s rapid growth has been characterized by a low-density, sprawling pattern of land development that has produced transportation inefficiencies, constrained mobility, and limited transportation choices. There is a clear relationship between land use and transportation that is evidenced in all patterns of development. Given the high levels of roadway congestion, increasing population, climate change, and constrained financial resources, the state has increased its focus on improving the land use/transportation relationship to improve efficiency and more closely coordinate land development patterns with transportation systems. Transit, especially passenger rail service, has become a high priority in the southeast Florida region. The FEC rail corridor is a defining infrastructure feature of southeast Florida. Although the rail line only carries freight today, there is increasing demand for it to carry passengers as well, especially given the constraint of the state roadway network in the region. Accordingly, for the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri-Rail commuter system to include new service on the FEC. Tri-Rail currently operates on the CSX rail corridor (west of I-95), with a Boynton Beach station at Gateway Boulevard. The expanded service, named the “Tri-Rail Coastal Link,” would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and Miami-Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. FDOT and its transportation partners, including the South Florida Regional Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast Regional Planning Council (TCRPC), and other local governments and organizations, have all prioritized the need to improve land development patterns in advance of station development for several reasons: (1) transit-oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park-once environment, which reduces vehicular demand on the roadway network, further improving efficiency and reducing carbon emissions. Further, Federal funding for transit projects such as the Tri-Rail Coastal Link are highly contingent upon existing and projected TOD patterns around station areas such as the City’s planned rail station. Cities that adopt TOD plans and codes ahead of the planned service help improve the competitiveness of the City and region. What is TOD: Transit-Oriented Development (TOD) is a land development pattern located within one-quarter to one-half-mile of an existing or planned transit station. Such developments are recognized by Florida Statues, and specifically defined to consist of “compact, moderate to high density developments, of mixed-use character, interconnected with other land uses, bicycle and pedestrian friendly” and is designed to support frequent transit service. (Chapter 163, F.S.). The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. TOD Code Amendments: 463 of 505 The City’s land development code already contains several mixed-use zoning districts that provide the appropriate mix of uses and development design standards for TOD; however, they do not provide sufficient minimum densities and intensities consistent with the state’s recommendations. To begin phasing in such provisions, the proposed code amendments include new terms and definitions, supportive descriptions including necessary wording added to the Purpose and Intent sections, and most importantly, minimum density and intensity standards consistent with state guidance for the quarter-mile TOD district in which the City’s future passenger rail station will be located. As the City conducts its ongoing review of the Comprehensive Plan and changing land development conditions, staff will prepare appropriate TOD amendments to further reinforce this desired and necessary development pattern in conjunction with the City’s future station. For example, subsequent amendments may include additional TOD provisions applicable to parking requirements. Lastly, to allow greater design flexibility, staff recommends that the sky exposure plane requirements of Chapter 4, Article III, Section 5.C.1 be replaced with more general and performance-based standards emphasizing traditional building architecture. Such traditional design includes a hierarchy represented by three components of a building, including the “base”, the “middle”, and the “top”. The visual value (and functional value with respect to the streetscape) of a building is measured and achieved through proper design of each component through human scale and “friendliness”, appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness. The “base” should be characterized by having all elements compliment the pedestrian environment to which it is exposed, including windows (allowing internal views), entries, porte- cocheres, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. The height of the base is typically proportionate to the overall height of the streetwall, and in taller streetwalls may typically include two floors (three floors in the MU-H District) to five floors. The “middle” of the building should include the expression of the primary building uses. The “middle” of the building should include multiple architectural rhythms derived through step- backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing.Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and/or deeply colored glass should be avoided, as well as horizontal banding of windows and/or a regular horizontal expression of floor slabs. The “top” of a building tower terminates the building at the sky, and defines a skyline. Towers should be placed to allow views between towers and allow sunshine to penetrate to the lower building levels and the street below. The building top achieves its character though the design of cornices, step backs, changes in scale, geometric elements and materials or textures. These traditional design characteristics will be used to create the appropriate code text and inserted into Article III prior to adoption. 2. Flood Elevation and Freeboard Requirements (also see Exhibit “C”) For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP 464 of 505 standards and requirements. These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. Chapter 44 of the Code of Federal Regulations (44 CFR) requires that all new construction and substantial improvements of residential structures located within the floodplain (e.g., Special Flood Hazard Area) shall be elevated to the base flood elevation (BFE), which is the point in elevation that surface water resulting from a flood has a one (1) percent chance of equaling or exceeding that level in any given year. The BFE is the national standard used by the NFIP and all federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. The City of Boynton Beach participates in the NFIP and regulates structures in the floodplain in accordance with 44 CFR. While not required by the NFIP, each community is encouraged by FEMA to adopt higher regulatory standards, such as the freeboard requirement. Freeboard is simply requiring structures to be elevated above the BFE. FEMA recommends a freeboard requirement of at least 12 inches to account for the one-foot rise built into the concept of designating a floodway and the encroachment requirements where floodways have not been designated. The City adopted one (1)-foot freeboard provisions and codified it in the 1) Boynton Beach Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article X Flood Prevention Requirements. The LDR was rewritten in 2010, in part, to be more intuitive and user-friendly for property owners and their design professionals and contractors when planning to make building and site improvements. Freeboard requirements often play a significant role in site development, and to avoid confusion and future conflict between the LDR and Administrative Amendments to the Florida Building Code (FBC), staff is looking to consign the freeboard provisions to the LDR only and to remove them from the Boynton Beach Amendments to the 2010 FBC. In addition to this code consolidation effort, staff is initiating a change to the freeboard requirements with respect to how proposed building additions and/or substantial improvements are regulated. It is the opinion of staff that the current provisions are too onerous and have placed a financial hardship on property owners who desire to make substantial improvements. For example, staff has recently experienced a situation where a property owner wanted to expand the floor area of an existing home located in a flood zone. Any new building addition is required to comply with the freeboard provisions, and the cost of construction was such that the project would have been categorized as a substantial improvement. As a substantial improvement, the freeboard requirements compel the property owner to not only elevate the proposed building addition one (1)-foot above the BFE, but the existing home as well. With a down economy in recent years, the cost of construction has not decreased commensurate with the decrease in home values, so the likelihood of being classified as a substantial improvement increases. While requiring the building addition alone to be elevated one (1)-foot above the BFE would have resulted in a unique and unorthodox floor plan (and undoubtedly less desirable for the resident), elevating the finished floor of the existing home proved to be too costly and the property owner eventually abandoned the proposal. Like with this case, many home owners abandon plans for planned home expansions/additions, because compliance with the freeboard requirements may be impractical, or is cost-prohibitive. To help alleviate this type of situation from occurring in the future, staff is recommending the freeboard requirements for additions and/or substantial improvements be changed to require the existing building to be elevated to the base flood elevation only, which would still be compliance with 44 CFR. New building construction however, would still be required to meet the freeboard provisions and be elevated at least one (1) foot above the BFE. 465 of 505 This proposed freeboard amendment is an example of the delicate balancing act that government plays in regulating the manner in which real property is efficiently used and enjoyed as compared with increasing the potential for future risks to life/property. Preparation of these documents has involved the comprehensive and detailed review of the associated land development processes, the applicable standards, and the city department responsible for the administration of such regulations and standards. 3. Parking Requirements Applicable to Adaptive Reuse Projects (also see Exhibit “D”) Staff is proposing amendments to the Land Development Regulations (LDR) involving the reduction of required parking in association with the adaptive reuse of vacant and under-utilized buildings in the downtown area, as an interim measure, to support current CRA initiatives and until such time as the future vision contained within the Downtown Master Plan is realized through planned redevelopment of these parcels. A staff team, including CRA staff, previously collaborated to establish a list of appropriate uses and development regulations intended to implement the vision contained within the Downtown Master Plan. The vision, in part, involves the creation of a Public Art and Cultural Corridor between the marina/waterfront attractions to the east and the cultural/civic activities to the west on Ocean Avenue. This effort resulted in the adoption of the Ocean Avenue Overlay Zone, which envisions the adaptive reuse of existing buildings and the relocation of historic structures to vacant parcels along Ocean Avenue, in order to create a mix of uses which create a sense of place with small shops and restaurants, arts related businesses and residential uses, all at a pedestrian scale, and contributing to a pedestrian friendly atmosphere. A part of these regulations reduce the parking requirements in an effort to spur reuse of the existing building inventory along the avenue. The former Jones Cottage was relocated downtown and is now The Little House restaurant, the CRA is working with interested parties to bring a tenant to the Magnuson House and plans are being developed for a new public parking lot on the former Jones Cottage site. Staff is now suggesting that some of these same regulations, namely a reduction in required parking, more flexibility in off-site parking regulations and expansion of the area in which the payment-in-lieu-of-parking is allowed, may serve to spur the adaptive reuse of existing buildings along Federal Highway as well as along Boynton Beach Boulevard. These regulations would be rd applicable to CBD- and C-4-zoned properties from approximately SE 3 Avenue to the C-16 Canal fronting on Federal Highway, and those located between Federal Highway and the FEC RR; the C-2-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard and Interstate 95; and the C-3-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR. Lastly, this amendment is intended to correct an unforeseen error in the previous adoption of the adaptive reuse regulations which inadvertently eliminated the requirement for parking for any building expansions up to 100% within the CBD zoning district or subsequent zoning districts established to supplement or replace the CBD. The proposed amendments would allow for reduced parking requirements more in line with staff’s intent and locational criteria. CONCLUSION / RECOMENDATION 466 of 505 Staff is recommending approval of the proposed code amendments. Overall, these amendments encourage compact, Transit Oriented Development and adaptive reuse of buildings downtown; promote both residential and non-residential expansion through reasonable application of the finished floor elevation regulations; promote business/economic development; and simplify regulations thereby making the code more user-friendly. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-001 ED & Interim Amendments\CDRV 13-001 Staff Report.doc 467 of 505 PROPOSED LDR AMENDMENTS 1. Transit Oriented Development (TOD) Provisions and Minimum Standards Part III. Land Development Regulations, Part 1, Art. II. Definitions A development or development pattern COMPACT DEVELOPMENT – consisting of a varied mix of land uses, including but not limited to residential, commercial, office, and public/civic spaces. The central characteristic of compact development is discouraging urban sprawl and reducing the number of vehicular miles traveled by accommodating living, employment, shopping, entertainment, recreation, and outdoor gathering areas, all of which are located within walking distance of each other. Typical design elements include minimal building setbacks, wide pedestrian areas and public spaces, a grid pattern street network with short and interconnected block and alley lengths, and innovative/flexible approaches to off-street parking requirements. Emphasis is placed on the proximity and access of a subject development to public transit and alternate modes of transportation, with priority given to creating safe and pleasant pedestrian/bicycle circulation patterns and linkages. STATION AREA – A geographic area established for planning and regulatory purposes, and which is characterized by “Compact Development” within a one- half mile radius around a transit station. Within the framework of TOD and transit station planning, this area includes the “Transit Core.” See TRANSIT CORE. TRANSIT-ORIENTED DEVELOPMENT (TOD) – A component of “Compact Development” characterized by moderate to high intensity and density, mixed use development within one-half mile of a transit stop or station designed to maximize walking trips and access to transit and the various uses within the area devoted to “Compact Development”. TRANSIT CORE – The first one-quarter mile radius, or approximately 125 acres around a transit station characterized by the most intense/dense development and urban design that promotes efficient and pleasurable pedestrian routes to the transit station and to surrounding resources and nearby destinations. Part III. Land Development Regulations, Chapter 3, Art. III. Zoning Districts and Overlay Zones Section 5. Mixed-Use (Urban) Districts. A. General. 1. Purpose and Intent . The Mixed-Use (urban) zoning districts are intended to implement the Community Redevelopment Plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These 468 of 505 districts are also intended to support transit ridership and in particular, the development of transit-oriented developments near planned passenger train stations along the FEC Railroad corridor, th such as the designated location along Northeast 4 Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the Transit Core, which is defined as the area extending one-quarter (1/4) mile from the train station (see Map # to be determined). To ensure compliance with these regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a Mixed-Use (urban) district. Also see Chapter 4, Article III, Section 6.H for design and compatibility standards, as well as the Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area (Urban Design Guidelines). The objectives of the Mixed-Use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and appropriate separation from, and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development within the development area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. 469 of 505 a. Mixed Use-Low Intensity 1 (MU-L1). The MU-L1 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 20 dwelling units per acre, and a minimum density of 11 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L1 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). b. Mixed Use-Low Intensity 2 (MU-L2). The MU-L2 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 30 dwelling units per acre. and a minimum density of 20 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L2 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). c.Mixed Use-Low Intensity 3 (MU-L3). The MU-L3 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 40 dwelling units per acre. and a minimum density of 30 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L3 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). d.Mixed Use-High Intensity (MU-H). The MU-H district implements the Mixed Use-Core (MX-C) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 80 dwelling unit per acre., and a minimum density of 40 dwelling units per acre if located within the Transit Core. This minimum density requirement shall be applicable to any such project regardless of whether the site 470 of 505 is partially or entirely located within the Transit Core. A lesser density may be imposed on the MU-L1H district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Chapter 3, Section 5.C below - (Building and Site Regulations) The intent of this district is to supplant the Central Business District (CBD) in the historic downtown and marina district. 3. Location and Mixed General Use Design Standards Requirements. a. General. The Mixed Use (urban) districts are intended for projects that optimum when there are opportunities to promote sustainable design sustainability with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas, east of I-95, where a mixture of uses and building densities intensities is intended to implement to carry out elements of the City's Comprehensive Plan, redevelopment plans, and Urban Design Guidelines including goals involving compact design, transit-oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through four (4) zoning districts: Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Maximum heights, densities, and intensities of development are regulated according to the classification of the roadway that abuts the project the frontage, and based on of the property, and proximity to the transit core and existing single-family zoning districts. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component 471 of 505 shall be reviewed for contribution to employment targets in accordance with FDOT standards for a Community Center TOD. b. All Mixed Use-Low Intensity Districts. Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). (1) In order to complement the revitalization efforts in the downtown area, the MU-L Zoning Districts shall only be applied to lands consistent with the Comprehensive Plan and respective redevelopment plans peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. Such areas are generally described as Woolbright Road between I-95 and the FEC Railroad, Boynton Beach Boulevard between st I-95 and Northwest 1 Street, Martin Luther King th Jr. Boulevard, Southeast 4 Street south to th Southeast 5 Avenue, and Ocean Avenue between thst Southeast 4 Street and Southeast 1 Street. See the respective redevelopment plan for specific recommendations on locations and boundaries. (2) The MU-L Districts are appropriate for low- to mid-rise developments that provide for medium density residential uses and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21, all All new developments within the this MU-L1 and MU- L2 districts that contain a non-residential use mix of uses shall front on streets designated as "arterial", or "collector", or "local collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. All projects within the MU-L3 District and proposed within the TRANSIT CORE must contain a residential component, and all projects proposed within the Mixed Use-Low Intensity Districts that front on an arterial road must have space on the first floor devoted to commercial use. 472 of 505 (5) Maximum height Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintains compatibility with an abutting single-family district. c. Mixed Use-High Intensity (MU-H). (1) The Mixed-Use High Intensity (MU-H) district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the Marina District, and which extends out from the planned train station by approximately three (3) to 4 blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the entire Station area must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. (3) All new developments within this district shall front on streets designated as "arterial" or "collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail, office and / or residential uses arranged either vertically or horizontally. Single- use projects fronting on streets other than “arterial” or “collector” shall require conditional use approval. d.Rezoning of Single-Family Districts . All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1)Height, density and intensity of development based on the roadway frontage; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); 473 of 505 (3)Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4)Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See “Use Matrix, Table 3-28” in Chapter 3, Article IV, Section 3.D. In addition, the following use regulations shall apply with respect to mixed-use developments: 1. Required Frontage. Buildings combining both residential and nonresidential uses are required within the MU-H Zoning District on all properties fronting on arterial roadways. The same shall be permitted and encouraged within the Mixed Use-Low districts. 2. Residential Uses. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses 3.Compatibility. Mixed-use projects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. See Chapter 4, Article III, Section 3.H for additional community design standards regarding compatibility. 474 of 505 C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453, 14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0 333,15 100 100 3.5 125 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 30 3.0 55 60 3.5 4 Local Street: 45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 12 Rear abutting: 7 8777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12 Side abutting: 7 7, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. ht on any street frontage is 40 45 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. ht. reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no father than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 (except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build- to line requirement of Note #10 above, portions of 475 of 505 buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed 15 feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay Zone. Major deviations from the build-to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B). 3. Additional Standards. See Chapter 4, Article III, Section 6.H for additional standards related to urban design and building location for properties located within the Transit Core of a Station Area. Sky Exposure Plane. (1) No building shall exceed the maximum height limits or the Sky Exposure Plan except as delineated below in Section (3). (2) All buildings abutting a public right-of-way or peripheral to the development shall be built within the Sky Exposure Plane based on the ratio and street classification as follows; Zoning District Maximun height of Arterial or Collector Other Streets or frontage wall Street peripheral Vertical Horizontal Vertical Horizontal Distance Distance Distance Distance MU-H 40’ 5.7 to 1 11.4 to 1 MU-L3 40’ 4 to 1 8 to 1 MUL-2 40’ 3 to 1 6 to 1 MU-L1 35 1 to 1 2 to 1 (3) The following shall be deemed as allowable exceptions to the maximum height limits and Sky Exposure Plane requirements: 476 of 505 (a) Balcon(a) Balconies, unenclosed; (b) Elevator or stair bulkheads, screened HVAC equipment; (c) Ornamental towers having no floor area in any portion above the maximum height limit or Sky Exposure Plane; (d) Parapet wall, not more than five (5) feet in height. Part III. LDR, Chapter 4, Art. III, Section 6. Section 6. Design Standards for Development in Urban Areas. A. General… B.Building Location . Standards 1. General. The revitalization of urban places depends on safety and security, with building/street design having a symbiotic relationship. The location of a building and its proximity/interaction with the public realm is paramount when trying to create urban areas that have a “sense of place” that is consistent with smart growth principles and neo-traditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas. 2. Standards. a. Each building shall meet the build-to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of off-street parking areas is strongly discouraged between buildings and rights-of-way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build-to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. b. Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street 477 of 505 frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation areas set aside for side corner yard setbacks and driveways needed to access the rear of the property. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5 for additional streetscape design requirements. c. For properties fronting on arterial and collector roadways within the Station Area, building location and design shall contribute to a “streetwall” of pedestrian scale, so as to prevent any interruptions to building massing, except in limited circumstances to promote project functionality as determined by the Director of Planning & Zoning. Interruptions in the streetwall shall be limited to those necessary to accommodate pedestrian pass-throughs, public plazas, entry forecourts, and permitted vehicular access driveways when access is not available from a local street. C. Shade and Shelter Standards. 1. General. This region’s climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity between sites and allow for a more continuous and walkable network of buildings. 2. Standards. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adjacent to or facing an arterial or collector roadway or adjacent off-street parking area. When abutting off-street parking areas, the shaded sidewalk shall be raised above the level of the parking by way of a defined edge. Ramps for wheelchairs alongside the building must also be shaded. Building entrances shall be located under a shade device such as an awning or portico. D. Standards for Windows. Windows shall be located at pedestrian scale. E. Compatibility Standards. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing, and materials. F.Off-Street Parking Area Standards. 478 of 505 1. Types of Off-Street Parking Facilities. The four (4) types of off-street parking facilities regulated herein are as follows: Surface parking, understory parking, freestanding parking garages, and integrated parking garages. They are generally described as follows: a. Surface Parking. A parking area where there is no gross building area below or above the parking stalls, except for ancillary structures such as shade canopies or similar structures. b. Understory Parking Garage. An off-street parking area located below gross building area. Parking stalls are typically located on or below ground level. c. Freestanding Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the principal use of the building. Freestanding parking garages may include accessory habitable or non-habitable building areas located at ground level. d. Integrated Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the accessory use of the premises. Integrated parking garages are located within mixed-use developments and habitable gross building area is wrapped around the facility on all levels. 2. Standards for Mixed Use (Urban) Districts and Central Business District (CBD). This subsection shall be applicable to all new projects and major modifications to existing developments. Within “Urban Mixed-Use” districts, off-street parking areas shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific setback for a garage for a residential dwelling unit. The intent of these regulations is to emphasize buildings and pedestrian features within the streetscape and minimize the visual impacts of parking facilities. Where possible, parking areas should be located to the rear of a project. Also where possible, access to parking areas shall be from side streets, in order to minimize driveways and vehicular / pedestrian conflicts. The following standards shall apply to all properties located within Urban Mixed-Use districts as described in Section 6.B.2.a.(2) above: a. Surface Parking. Within the “Mixed-Use (Urban)” districts, surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed-use development. 479 of 505 b. Understory Parking Garage. Understory parking (on the first floor of a structure) is allowed throughout all “Mixed-Use (Urban)” districts. c. Freestanding Parking Garages. Freestanding parking garages are allowed within the “Mixed-Use (Urban)” districts provided that they do not have frontage on any arterial or collector roadway. The height of the freestanding parking garage may not exceed 75 feet in the MU-H district. All parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in subparagraph “d” below. d. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within every “Mixed-Use (Urban)” district. Habitable floor area must wrap all upper-levels of the parking structure where the structure has frontage along a public right-of- way or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated façade features in order to soften its impact. 3. Standards for the “Overlay Zones” and Boynton Beach Boulevard. The purpose and intent of this subsection is to prevent the placement of off-street parking areas between the front of the building and the rights-of-way, particularly in areas where build-to line and reduced setback areas are applicable. Within redevelopment areas, the location of off-street parking areas is strongly discouraged between building and rights-of-way. However, when a project is proposed in such a manner that building location(s) would deviate from respective build-to line 480 of 505 and reduced setback area requirements, resulting in a design that is contrary to the purpose and intent of Section 6.B above and this subsection, then that project shall be required to make upgrades to public realm and streetscape with simple but innovative urban design enhancements such as additional landscaping; pergolas/trellis-work/decorative structures; surface improvements to the pavement across driveways; short walls designed with benches and/or seating areas; public art; and the like, particularly in areas along the right-of-way where such deviations occur. 4. Standards for the Suburban Mixed-Use (SMU) District. a. Understory Garages. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestanding Garages. Freestanding parking garages are not allowed within the SMU district. All parking structures, excluding understory garages, shall be designed as an integrated garage as provided for in subparagraph “c” below. c. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within the SMU district. Habitable floor area must wrap all upper- levels of the parking structure where the structure has frontage along an arterial roadway or is abutting a single- family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated façade features in order to soften its impact. 5. Miscellaneous Standards. 481 of 505 a. Number of Required Parking Spaces. Required parking for all uses shall be as set forth by Chapter 4, Article V, Section 2. b. Off-Site Parking. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4, Article VI, Section 4.D.2. c. Interconnectivity. Interconnectivity between off-street parking areas, including drive aisles and pedestrian connections shall be planned for and designed in accordance with Chapter 4, Article VI, Section 4.D.3. d. Off-Street Parking for Large Non-Residential Development (Big Box). See Section 7.J below for additional regulations regarding off-street parking lot locations for large non-residential (big box) developments. e. Trash Collection Points. (1) Screening. See Chapter 4, Article VI, Section 4.C for additional regulations regarding the appropriate location and screening of trash collection areas. (2) Landscaping. See Chapter 4, Article II, Section 6.G for additional regulations regarding the landscaping of trash collection areas. f.Off-Street Parking for Station Area. See Section 6.H below for additional standards regarding off- street parking areas located within the Station Area. G. Sidewalks. The following regulations shall apply to sidewalks: 1. “Urban Mixed Use” Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a(2) above: a.Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b.Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. 482 of 505 In all cases, pedestrian access shall be provided to public walkways. 2.Mixed Use-High Intensity (MU-H) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments . Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. H. Design and Architectural Requirements for Mixed Use (Urban) and Central Business Districts. 1. Purpose and Intent. The purpose of this subsection is to encourage traditional building architecture and urban design through both standards and guidelines that are based on the principal that a building is composed of the following three distinct parts: the “base”; the “middle”; and the “top.” The functional and visual values of a building are measured and achieved through proper design of each component through human scale and “friendliness,” appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness. 2. Applicability. The standards of this subsection shall be applicable to properties located within the Mixed Use and Central Business Districts as defined in Chapter 1, Article II Definitions. 3. Generally. a. Project design shall not be an independent component in the downtown, but instead designed as an integral component linking seamlessly pedestrian and vehicular circulation with other developments, adjacent neighborhoods, nearby amenities and infrastructure. b. Appropriate transitions between new and existing buildings shall be provided. c. Architectural design shall incorporate multiple architectural rhythms in the building facades, appropriate “traditional,” “solid-void ratio,” classical vertical proportions, and step-backs in tower components. d. Projects shall contribute to “placemaking” with enhanced building corners, defining components to building tops, and diversity in the use of materials, building 483 of 505 articulation, and building colors that contribute and accentuate the building hierarchy and different components. 4. Building Anatomy. Design buildings/projects based on traditional architecture, recognizing the “Base/Middle/Top Building Hierarchy.” a. Base. The “base” is the most important part of the building design, which is that component that represents the streetscape or “streetwall.” (1) The base should be characterized by having all elements enhance the pedestrian environment to which it is exposed, with high transparency, including windows, entries, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. (2) The height of the base is a factor of overall building height and scale of the streetscape environment. The base will vary between approximately 30 feet and 45 feet depending on the zoning district, overall project height and scale of the abutting roadway. b. Middle. The “middle” of the building should include the expression of the primary building uses. The “middle” of the building shall include multiple architectural rhythms derived through step-backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing. Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and/or deeply colored glass should be avoided, as well as horizontal banding of windows and/or a regular horizontal expression of floor slabs. c. Top. The “top” of a building tower terminates the building at the sky, and defines a skyline. (1) Towers shall be placed to allow views between towers and allow natural light to penetrate the lower building levels and the street below. The building top achieves its character through the design of cornices, step backs, and changes in scale, geometric elements and materials or textures. 484 of 505 (2) Projects with tower elements shall be designed to maximize separation between project towers and between towers on abutting projects to ensure protection of views and privacy, and minimize the negative effects of shadowing. 5. Public Pedestrian Entrances. The main public entrance into a building shall be located on facades that front on arterial and collector roadways. Vehicular driveways/openings and curb cuts shall be relegated to local streets. 6. Off-Street Parking. Except for on-street parking, off- street parking areas shall not be visible from abutting arterial or collector roadways. 485 of 505 486 of 505 PROPOSED LDR AMENDMENTS 2.Flood Prevention Requirements – Finished Floor Elevation and Freeboard Standards Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas. 1. Objectives. The specific objectives of this article are: a. To protect human life and health; b. To minimize expenditure of public money for costly flood-control projects; c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. To minimize prolonged business interruptions; e. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; f. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas; and, g. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 487 of 505 c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. C. Administration. 1. Administrator. The Building Official shall have the authority to interpret and administer this article. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to assure that the permit requirements of this article have been satisfied. b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. c. Notify adjacent communities and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. e. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Chapter 2, Article IV, Section 2. f. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed, in accordance with Chapter 2, Article IV, Section 2. g. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. h. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with Section 3.C.8. below. i. When flood proofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. j. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VII, Section 1.D.2. 488 of 505 k. When base flood elevation data has not been provided in accordance with Section 1.D. below, the administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of Section 3 below. The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the crown of any adjacent roadway. l. All records pertaining to the provisions of this article shall be maintained in the Department of Development and shall be open for public inspection. D. Applicability. This article applies to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this section. E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. H. Relief from Requirements. Unless described otherwise, any deviation from the flood prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully 489 of 505 made thereunder. Sec. 2. City Approval Required. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. 490 of 505 Sec. 3. Requireme nts. A. Areas of Special Flood Hazard. In all areas of special flood hazard the following provisions are required: 1. Anchors. a. New Construction and Substantial Improvements. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. Manufactured Homes. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. 2. Materials. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. Design. a. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. d. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 4. On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 491 of 505 5. Miscellaneous. Any alteration, repair, reconstruction or improvements to a structure which are in compliance with the provision of this article, shall meet the requirements of "new construction" as contained in this article. 6. Flood Elevation Data Provided. Higher Regulatory Standards/Freeboard Requirements. In all areas of special flood hazard where base flood elevation data has been provided as set forth in this article, the following provisions are required: a. Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or twelve inches above the base flood elevation. Additions and/or substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 3.A.6.c. below. b. Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated to the level of twelve inches above the base flood elevation. Additions and/or substantial improvements of any commercial, industrial, or other non- residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Structures located in all A-zones may be flood proofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Chapter 2, Article IV, Section 2.B. The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space in additions and/or substantial improvements, not located in a flood zone, shall be no lower than the existing finished floor elevation. c. Elevated Buildings. (1) New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all openings shall be no higher than one (1) foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. d. Electrical, plumbing and other utility connections are prohibited below the base 492 of 505 flood elevation; e. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and f. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. B. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: 1. Prohibit encroachments including fill, new construction, substantial improvements, and other development unless certification (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 2. If Section 3.B.1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. 3. Prohibit the placement of any manufactured homes (mobile homes) except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. C. Coastal High Hazard Area (V Zones). Located within the areas of special flood hazard established herein are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash; therefore, the following provisions shall apply: 1. All buildings or structures shall be located landward of the reach of the mean high tide and the Coastal Construction Line. 2. All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. 3. All buildings or structures shall be securely anchored on pilings or columns. 4. All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the one hundred (100)-year mean recurrence interval (one percent (1%) annual chance flood). 5. A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sections 3.C.2. through 4. above. 6. No fill shall be used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The Department of Development 493 of 505 shall review design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. 7. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. 8. Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed; and b. Material shall consist of wood or mesh screening only. 9. If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation. 10. Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. 11. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met. 12. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening, as provided for in Section 3.C.8. and 9. above. D. Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood hazard established in Section 1.F D. are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1. Residential Structures. All new construction and substantial improvements of residential structures, and services systems shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and/or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. 2. Non-residential Structures. All new construction and substantial improvements of 494 of 505 non-residential structures shall: a.Have the lowest floor, including basement and services systems elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and/or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. b.Be completely flood proofed to or above that level so that any space below that level has watertight walls substantially impermeable to the passage of water; structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely flood proofed. E. Subdivision Standards. The following provisions shall apply for all subdivision proposals: 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50) lots or is larger than five (5) acres. F. Small Streams. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply: 1. Encroachments. No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction and Improvements. New construction or substantial improvements of structures shall be elevated or flood proofed in accordance with elevations established in accordance with Section 1.C.2.k. above. 495 of 505 Sec. 4. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. 496 of 505 PROPOSED LDR AMENDMENTS 3. Parking requirements applicable to adaptive reuse projects Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements Sec. 2. Standards, A. 3. Location of Off-Street parking Areas. b. Amend to read – Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, as measured along the nearest pedestrian walkway unless the property is located within those areas defined within the Adaptive Re-use section of the code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. V, Sec. 2. C (Minimum Off-Street Parking Requirements) Table 4-3. Commercial and Health Care/Office Uses Amend footnote #2 – Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats associated with a standalone business provided that the number of outdoor seats is twenty percent (20%) fifty percent (50%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. For multi-tenant and shopping center developments, no additional parking shall be required for outdoor seating. Part III. LDR, Ch. 4, Art. V, Sec. 3. Special Reductions in Req’d Off-Street Parking. E.Payment in Lieu of Parking . The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard and those areas described under Section 4. “Exceptions to Providing Required Off-Street Parking”, A. “Adaptive Re-Use”, below. 1.Applicability. Within this these areas, at the time of any new building construction, off- street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up toten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the Adaptive Re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provisions of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: 497 of 505 The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the City to review the applicant’s cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the City’s consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of 110% of the estimate shall be paid to the City in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of the City’s a trolley or shuttle system or the construction of bicycle lane facilities. F.Ocean Avenue Overlay Zone. See Chapter 3, Article III, Section 8.D for specific additional off-street parking provisions regarding the Ocean Avenue Overlay Zone. Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements Section 4.Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use 1. Applicability . The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: For existing structures within the Central Business District (CBD) or subsequent zoning districts established to supplement or replace the CBD, and any parcel or parcels of land assembled by unity of title located within the Ocean Avenue Overlay Zone (OAOZ), no additional parking shall be required where: a. Ocean Avenue Overlay Zone (OAOZ), as defined in Chapter 3, Article III, Section 8.D. No additional parking shall be required where: 498 of 505 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop, or seats; or 3. The use of a structure is changed.; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. b. CBD andC-4 parcels fronting on Federal Highway and those located between Federal Highway and the FEC RR right-of-way, C-2 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and I-95 and C-3 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right- of-way. A reduction of 50% of the required parking, up to a maximum of ten (10) parking spaces, may be granted where: 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop; or 3. The use of a structure is changed; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. 2. Exemptions. The provisions of this subsection do not apply to the following uses: a. Multi-family residential uses and structures and Group Homes. b. Churches, temples and other places or worship. c. Theaters, auditoriums, meeting halls, and other places of assembly. d. Clubs, lodges and fraternal organizations. e. Hotels and Motels f. Schools and Daycare 499 of 505 3.Additional Requirements/Restrictions. The following requirements and restrictions are applicable to all properties considered under the Adaptive Re-use provisions above: a.Required parking spaces may not be eliminated to accommodate building expansions. b. Parking spaces that back out onto collector or arterial roadways shall be removed as part of any site improvements utilizing these Adaptive Re-use provisions. c. Required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. VI. Parking Lot, Vehicle Use Areas, and Loading Standards, Sec. 4. Community Design, D. 2 c. Amend to read – Lease Arrangements. Lease arrangements to provide required parking spaces shall be subject to approval by the applicable advisory board after review and recommendation by staff. Within the areas defined in the Adaptive Re-use section of the code (Chapter 4, Article 5, Section 4), required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. 500 of 505 14. A FUTURE AGENDA ITEMS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request approval for an application being EQUESTED CTION BY ITY OMMISSION submitted by the Utilities Department for a Hazard Mitigation Grant Program (HMPG) grant that requires a City match. - June 4, 2013 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 501 of 505 14. B FUTURE AGENDA ITEMS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of fee amendments for Building and EQUESTED CTION BY ITY OMMISSION Planning & Zoning services - June 4, 2013. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 502 of 505 14. C FUTURE AGENDA ITEMS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Special City Commission Budget Meetings, EQUESTED CTION BY ITY OMMISSION Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 503 of 505 14. D FUTURE AGENDA ITEMS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss the feasibility of constructing a dog park. - EQUESTED CTION BY ITY OMMISSION This item has been tabled to the Budget Workshops in July 2013 ER: XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not discuss the feasibility of building a dog park. LTERNATIVES 504 of 505 14. E FUTURE AGENDA ITEMS May 21, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 21, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on Utilities CAP Fees - June 4, 2013 EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 505 of 505