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Agenda 06-18-13 Searchable
The City of Boynton Beach 100 E. Boynton Beach Boulevard • (561) 742 -6000 TUESDAY, JUNE 18, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor —At Large Woodrow L. Hay Vice Mayor — District I I David T. 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 Gullstream 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 643 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Father Richard Floreck from St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick 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 None 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. Consider 1) Appointment of City Commissioner liaison to Boynton Beach Sister Cities Committee, and 2) Funding assistance in the amount of $741.25 for annual dues to the International Association ($680) and State filing fee ($61.25) B. 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 Golf Course Advisory Committee: 1 regular Historic Resource Preservation Board: 1 alternate Library Board: 1 regular and 1 alternate Recreation and Parks Board: 1 regular and 2 alternates 3 of 643 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. PROPOSED RESOLUTION NO. R13 -047 - Approve CROM Engineering and Construction Services (CROM), the original engineer /builder of the City of Boynton Beach's water storage tanks, to conduct related repairs to the Elevated Storage Tank at the East Water Treatment Plant in accordance with Florida Administrative Code (F.A.C) requirements at an estimated expenditure of $48,570. B. (1) Approve the list of top ranking qualifiers identified by the evaluation committee from the responses received to the Request for Qualifications RFQ No.: 029 - 2821- 13 /DJL for Hydrogeological Consulting Services, and (2) Authorize City staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. C. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2013/2014. The anticipated Community Development Block Grant allocation is $462,182. D. PROPOSED RESOLUTION NO. R13 -048 - Amending five (5) existing fees and creating twelve (12) new fees under the Building Division fee schedule for building and construction related activities in the City of Boynton Beach, changes to become effective immediately. E. PROPOSED RESOLUTION NO. R13 -049 - Amending Planning and Zoning Fee Schedule, changes to become effective immediately. F. Accept the written report to the Commission for purchases over $10,000 for the month of May 2013. G. Approve the minutes from the Regular City Commission meeting held on June 4, 2013 H. PROPOSED RESOLUTION NO. R13 -050 - Approve and ratify the Collective Bargaining Agreement for the Police Officers and Detectives unit of the Palm Beach County Police Benevolent Association and the City; PROPOSED RESOLUTION NO. R13 -051 - Approve and ratify the Collective Bargaining Agreement for the Police Sergeants unit of the Palm Beach County Police Benevolent Association and the City; 4 of 643 PROPOSED RESOLUTION NO. R13 -052 - Approve and ratify the Collective Bargaining Agreement for the Police Lieutenants unit of the Palm Beach County Police Benevolent Association and the City 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R13 -053 - Approve an annual service Agreement with Motorola, Inc. in the amount of $107,775.24 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the Agreement. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Settlement of the David Floering demand for Special Election law suit B. Approve negotiated settlement in case of Sylvia Negron v. City of Boynton Beach. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 13 -020 - FIRST READING - Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial /warehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer's representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. Staff initiated. B. PROPOSED ORDINANCE NO. 13 -014 - SECOND READING - PUBLIC HEARING - Approve The Boynton High School Commercial Center (LUAR 13- 002) reclassifying subject property from Public and Private Governmental /Institutional (PPGI) to Mixed Use (MX)); and PROPOSED ORDINANCE NO 13 -015 - SECOND READING - PUBLIC HEARING - Approve The Boynton High School Commercial Center (LUAR 13- 002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU -1-1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City initiated. 5 of 643 C. Approve Major Site Plan Modification for building renovations, site improvements and construction of two (2), two- story, 3,150 square foot additions to an existing 31,234 square foot building for a total of 37,534 square feet, on a 1.95 -acre parcel proposed to be rezoned MU -L1 (Mixed Use -Low 1). Applicant: Juan Contin, Boynton Old School Partnership LLC. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consider renaming Ocean Avenue Park - per request of Commissioner Casello B. Discuss the potential of conducting City Commission Workshops - per the request of Commissioner Merker 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -016 - SECOND READING - PUBLIC HEARING - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. B. PROPOSED ORDINANCE NO. 13 -017 - SECOND READING - PUBLIC HEARING - Approve an Ordinance removing unnecessary language on voting by board members C. PROPOSED ORDINANCE NO. 13 -018 - SECOND READING - PUBLIC HEARING - Approve an Ordinance regarding rules of construction D. PROPOSED ORDINANCE NO. 13 -019 - SECOND READING - PUBLIC HEARING - Approve Ordinance establishing the City's local hearing process for Red Light Camera citations E. PROPOSED ORDINANCE NO. 13 -021 - FIRST READING - Approve Section, 10 -32: Disaster - Generated Debris Removal Management Plan; Authority, Priorities and Limitations. F. PROPOSED ORDINANCE NO. 13 -022 - FIRST READING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13 -4, Classification and Fee Schedule to provide for a five percent (5 %) increase in Business Tax fees G. PROPOSED ORDINANCE NO. 13 -023 - FIRST READING - Approving a one - year suspension of Garage Sale Permit requirement 6 of 643 14. FUTURE AGENDA ITEMS A. 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 B. Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 C. Presentation of Legislative Update by State Representative Bill Hager District 89 - 07/02/13 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 643 5.A ADMINISTRATIVE June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ® ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consider 1) Appointment of City Commissioner liaison to Boynton Beach Sister Cities Committee, and 2) Funding assistance in the amount of $741.25 for annual dues to the International Association ($680) and State filing fee ($61.25) EXPLANATION OF REQUEST: Attached please find an email communication from Ms. Jeanne Heavilin regarding a city appointed liaison to the Sister Cities Committee. In the past a City Commissioner served in this position. Additionally, the email includes a request for funding assistance for the Committee's dues to the International Association and the State Filing Fee. This current fiscal year budget includes funding in the amount of $1500 to support Sister Cities initiatives. The intent of this funding was to assist with these fees and possible travel by a Commissioner to a sister city (ex. LeCaye). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: $741.25 — Funding provided in account 001 - 1211 - 512 -48 -01 ALTERNATIVES: Not consider appointment or funding assistance. 8 of 643 LaVerriere, Lori From: Jeanne Heavilin ajheavilin @bellsouth.net> Sent: Monday, May 13, 2013 10:42 PM To: LaVerriere, Lori Cc: Taylor, Jerry; crfrancois; Jude Avril Subject: Boynton Beach Sister Cities Good Evening Lori, In talking with Mayor Taylor yesterday, I mentioned that we have not had a liaision from the City Commission assigned to Sister Cities since Marlene Ross resigned. I seem to recall that this was approved by the City (or may have been in the original ordinance creating our Sister Cities affiliation) some time ago. I don't know if a Iiaision could be staff or needs to be a Commissioner. In the past we have found it helpful to have that direct contact and would appreciate this being done again. Also in the past, we had received some financial assistance from the City for our annual dues to Sister Cities International, our State Annual Report filing fee, our Young Artists /Young Authors program and Conference expenses. Although we have been reminded (on several occasions) by a former Commissioner that there is no financial obligation on the part of the City, we feel it would be appropriate for the City to provide some assistance if possible. Would /can the City provide the annual dues and State filing fees? Annual dues to SCI $680 State of Florida Annual Report filing $61.25 $741.25 Any assistance that can be provided would be very much appreciated. Thanks so much for your continued support. If you have any questions or need any additional information, please call me. Jeanne Heavilin Greater Boynton Beach Sister Cities (561) 901 -8714 9 of 643 5.B ADMINISTRATIVE June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ® ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: 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 Golf Course Advisory Committee: 1 regular Historic Resource Preservation Board: 1 alternate Library Board: 1 regular and 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 EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. 10 of 643 FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. 11 of 643 APPOINTMENTS AND APPLICANTS FOR JUNE 18, 2013 Arts Commission I Merker Reg 3 yr term to 12/14 Tabled (3) III Fitzpatrick Alt 1 yr term to 12/13 II Hay Alt 1 yr term to 12/13 Tabled (3) Applicants Barbara Ready — Regular /Alternate (SEE EMAIL REQUEST) Building Boar II Hay IV Casello Mayor Taylor III Fitzpatrick I Merker d of Adjl Reg Reg Reg Alt Alt istment & Appeals 3 yr term to 12/13 Tabled (2) 3 yr term to 12/15 3 yr term to 12/15 1 yr term to 12/13 Tabled (2) 1 yr term to 12/13 Applicants None Code Compliance Board II Hay Reg 3 yr term to 12/13 I Merker Alt 1 yr term to 12/13 Tabled (2) Mayor Taylor Alt 1 yr term to 12/13 Tabled (2) Applicants William Cywnar - Regular Community Relations Board I Merker Alt 1 yr term to 12/13 Tabled (2) Applicants None 12 of 643 Education and Youth Advisory Board II Hay Alt 1 yr term to 12/13 Applicants None Financial Advisory Committee II Hay Alt 1 yr term to 6112 Tabled (2) III Fitzpatrick Alt 1 yr term to 6/13 Tabled (2) IV Casello Reg 3 yr term to 6/14 Tabled (2) Applicants None Golf Course Advisory Committee Mayor Taylor Reg 5 yr term to 6/18 Tabled (2) Applicants Terry Aperavich -- Regular Jack Ekelchik - Regular Historic Resource Preservation Board Mayor Taylor Alt 2 yr term to 4/15 Applicants None Library Board II Hay Reg 3 yr term to 12/13 Tabled (2) III Fitzpatrick Alt 1 yr term to 12/13 Applicants Barbara Wineberg - Current Alternate who wants to be a regular. 13 of 643 Recreation and Parks Board III Fitzpatrick Reg 3 yr term to 12/15 IV Casello Alt 1 yr term to 12/13 Mayor Taylor Alt 1 yr term to 12/13 Applicants None Senior Advisory Board IV Casello Reg 2 yr term to 12/13 Mayor Taylor Reg 2 yr term to 12/14 I Merker Reg 2 yr term to 12/14 II Hay Alt 1 yr term to 12/13 Applicants None Special Events Ad Hoc Committee III Fitzpatrick Reg 2 yr term to 12/13 II Hay Alt 1 yr term to 12/13 Tabled (3) Applicants None 14 of 643 Page l of 2 Stanzione, Tammy From: bill [noreply @123contactform.com] Sent: Wednesday, April 03, 2013 4:25 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 04/03/2013 Title Mr. Name William Cwynar Address 2701 SW 8th Street Boynton Beach FL 33435 United States Phone number 561- 685 -7335 Email bill @instasign.com Current occupation or, if Business Owner retired, prior occupation Education Some College Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own /manage a No business within City limits? If "yes ", name of business: If "yes ", name of business: Are you currently serving on No a City board? Have you served on a City Yes board in the past? If "yes ", which board(s) and " es , which board and Development If " y (s � and when ?Plannin g p when? Have you ever been No convicted of a crime? If "yes ", when and where? If "yes ", when and where? Do you wish to serve on No more than one board? 1st choice: Code Compliance Board member type: Regular 2nd choice: None member type: 4/3/2013 15 of 643 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name TZrrZRf 11 --Ae V 1Cl/ Telephone # 56 / 73 -S4 Address 2 96 'a S U/ /5/ Zip Code 3 3 5 - Other E - mail Address: 7 Ti>'Z A d Phone: -7,0 V 5 , FA' Current occupation or, if retired, prior occupation P srz XEa c Z s .l Education &e, ?4l j444 ShbeL t /Ce f/7 /Nll� GP ,, G ��jj A �UCeo �oN Are you a registered voter? X Yes V �f No Do you reside within the Boynton Beach City limits? X Yes � No Do you own /manage a business within the City limits: — Yes No If "yes', name of business Are you currently serving on a City board? Yes _ _ No Have you served on a City board in the past? Yes a No If so, which board(s) and when? Have you ever been convicted of a crime? i If so, when Where_ You may serve on only one board. Please indicate which advisory board(s) you are seeking appointment AND whether as a regular member, alternate, or no preference. Prioritize up to three choices with number 1 being the most desired and 3 being the least preferable. For board listing, requirements, responsibilities and meeting times and dates see pages 3 and 4 attached. Arts Commission <0 Golf Course Advisory Committee Building Board of Adjustment & Appeals Library Board Cemetery Board Planning & Development Board Code Compliance Board Police Officers' Retirement Trust Fund Community Relations Board Recreation & Parks Board Education and Youth Advisory Board Senior Advisory Board Employees' Pension Board Veterans Advisory Commission Firefighters' Pension Trust Fund Board Preferences: 1�Choice: _�e��C oucrf�/pd'SveY - 'o - -In . member type: �E�✓L�he mvng t�' Z Choice (optional) member type: , memberItype. b S- Nnr C1 V choice (optional) ti 3JIi30 S,M310 All0 H3V3a NOINA08 !0 AllL 16 of 643 CITY OF BOYNTON BEA CLERM SON BEA ADVISORY BOARD APPOINTMENT APPP��C�4T Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name �Acdt ���LG�// Gender:z Telephone # - f'/ ;1- Address h J7 F�T7/> 13 a H Zip Code 'e �/ /� Other E -mail Address: T c/l���LG jl f� [i C�/7 « c T- Al e 7 Phone: 7 SOL. a o7 Zz� 6 Current occupation or prior occupation: Education "—'; J He G v G L E 6d /V J ✓J j 7i 1J0 S,m310 ,1110 S: \CC \WP \BOARDS\Applications \Master Form - Talent Bank Form - REVISED SAMPLE.doc HOV38 NO1"O8 d0 All, 4/24/2013 12 :07 PM 17 of 643 Are you a registered voter. Cl / Yes No Do you reside within the Boynton ach City limits? // Yes No Do you own /manage a business within the City limits: Yes ✓ No If "yes ", name of business Are you currently serving on a City board? Have you served on a City board in the past? Yes - - No Yes ✓ fVo If so, which board(s) and when? Have you ever been convicted of a crime? If so, when Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Golf Course Advisory Committee Building Board of Adjustment & Appeals Historic Resources Preservation Board Cemetery Board _ Library Board Code Compliance Board _ Planning & Development Board Community Relations Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board _ Senior Advisory Board Firefighters' Pension Trust Fund Veterans Advisory Commission j 7i 1J0 S,m310 ,1110 S: \CC \WP \BOARDS\Applications \Master Form - Talent Bank Form - REVISED SAMPLE.doc HOV38 NO1"O8 d0 All, 4/24/2013 12 :07 PM 17 of 643 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. d utz. 17y e-K e'xo� 9'7,f -,4 pZ D�h�cT>.rs fly f/dpTEe1 Y/ cf T, v7 TT�� Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425 -0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby c ify that the statements and answers provided herein are true and accurate. I understand that, if appoint ny false statements a be au a for removal from a board. Signature: 5: \CC\WP \BOARDS\Applications \Master Form - Talent Bank Form - REVISED SAMPLE.doc 4/24/2013 12:07 PM 18 of 643 Page 1 of 2 Stanzione, Tammy From: winebergb [noreply @123contactform.comi Sent: Sunday, June 09, 2013 11:46 AM To: City Clerk Are you a registered voter? Subject: Advisory Board Appointment application Today's date 06/09/2013 Name Barbara Wineberg Gender Female Phone number 561 -523 -7870 Address 625 Casa Loma Blvd. Unit 1403 Yes Boynton Beach Florida 33435 United States Email winebergb@gmail.corn Current occupation or, if et d io o atio Retired/Treasurer & Chief Financial Officer (State College) r ire n , p r ccup n Education BA (Psychology) & BS (Accounting) Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own /manage a No business within City limits? If "yes ", name of business: If "yes ", name of business: Are you currently serving on Yes a City board? Have you served on a City board in the past? If "yes ", which board(s) and If "yes ", which board(s) and when? when? Library Board (altemate)2012 to present Have you ever been No convicted of a crime? If "yes ", when and where? If "yes ", when and where? Advisory Board Library Board Do you wish to serve on No more than one board? Personal Qualifications Experience serving on Library Board as alternate for the past year and would like to be considered to fill the current member vacancy. I understand the operations and issues of the Library and have had extensive experience in working with representatives from government and regulatory agencies in 6/12/2013 19 of 643 Page 2 of 2 the past. Professional Memberships Treasurer of the Boynton's Woman's Club Member of the Crossroads Advisory Board at Palm Beach State College. Feel free to attach /upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 184.32.3.40 (United States) at 2013 -06 -09 10:45:34 on Internet Explorer 10.0 Entry ID: 23 Referrer: http: / /w , "- w.boynton- beach.org /officials /library board.php 6/12/2013 20 of 643 6.A CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R13 -047 - Approve CROM Engineering and Construction Services (CROM), the original engineer /builder of the City of Boynton Beach's water storage tanks, to conduct related repairs to the Elevated Storage Tank at the East Water Treatment Plant in accordance with Florida Administrative Code (F.A.C) requirements at an estimated expenditure of $48,570. EXPLANATION OF REQUEST: In accordance with 62- 555.350(2), F.A.C. the water storage tanks within the City of Boynton Beach's (City) distribution system must be inspected and cleaned at least once every 5 years. Cleanings and inspections are required to verify structural and coating integrity, and must be performed by personnel under the responsible charge of a professional engineer licensed in Florida as per said Code. Thus, the City utilized CROM Engineering and Construction Services, being the original engineer and builder of both structures, to perform the initial inspections of the water storage tanks. Said cleaning and inspection of the storage tanks were already performed. Subsequently, CROM issued a report on each tank noting several items that should be addressed to avoid the possibility of future problems. As a result, the City requires repair services to address the items outlined in the report that will help to preserve the integrity of each structure while ensuring the reliability and safety of the distribution system. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The elevated storage tank Is a unique form of construction due to the combination of materials and construction methods used. Therefore, it is vital that the City retain the original designer /builder, who retains intricate details to repair and maintain the Elevated Storage Tank at the East 21 of 643 Water Treatment Plant, in order to protect the integrity of the structure and ensure continuity of services that could potentially cause economic backlash to the City. FISCAL IMPACT: Tank Description Date Inspected & Cleaned Required Repairs Cost repair cracks on exterior wall; repair crack on exterior dome; 1.5 MG -GST (Elevated tank: East WTP) June 25, 2012 remove interior coating and apply cementitious $48,570 waterproofing; sandblast and epoxy coat interior pipin MG -GST: million gallon ground storage tank WTP: water treatment plant Funds are available in CIP account: 403 - 5000 - 533- 65 -02, Project: WTR075. ALTERNATIVES: There is no alternative at this time as the City risks violation of the Florida Administrative Code that carries penalties. Due to the complexity relating to the elevated storage tank, issuance of a bid to a random contractor could conceivably result in higher repair costs due to unfamiliarity with these structures causing delays in the completion. 22 of 643 I A 1f.Y13 11111 Y Us] ►I►0]■:iNJ! A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING CROM ENGINEERING AND CONSTRUCTIONS SERVICES TO CONDUCT RELATED REPAIRS TO THE ELEVATED STORAGE TANK AT THE EAST WATER TREATMENT PLANT IN ACCORDANCE WITH THE FLORIDA ADMINISTRATIVE CODE REQUIREMENTS WITH AN ESTIMATED EXPENDITURE OF $48,570.00; AND AN EFFECTIVE DATE. WHEREAS, in accordance with 62- 555.350(2), F.A.C., the water storage tanks within the Citv of Bovnton Beach's distribution system must be inspected and cleaned at least once every five (5) rears; and WHEREAS, CROM performed the cleaning and inspections and issued a report on each tank noting several items that should be addressed to avoid the possibility of future problems; and WHEREAS, the City Commission of the City of Boynton Beach desires to approve CROM Engineering and Construction Services, the original engineer /builder of the City's water storage tanks, to conduct related repairs to the Elevated Storage Tank at the East Water Treatment Plant in accordance with Florida Administrative Code requirements at an estimated expenditure of $48,570.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. That the City Commission of the City of Boynton Beach approves CROM Engineering and Construction Services, the original engineer /builder of the City's water storage tanks, to conduct related repairs to the Elevated Storage Tank at the East Water Treatment Plant in accordance with Florida Administrative Code requirements at an estimated expenditure of $48,570.00. 23 of 643 Section 3. That this Resolution Nvill become effective inunediately upon passage. PASSED AND ADOPTED this dad- of June, 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) 24 of 643 CECS August 17, 2012 Revised April 18, 2013 PR'12 NO. 157 -D REPAIRS BASED ON INSPECTION 1.5 MG ELEVATED TANK MAIN WTP CITY OF BOYNTON BEACH, FLORIDA Crom Engineering and Construction Services (CECS) proposes to provide labor, material and equipment for the repair of the prestressed concrete tank in accordance with all applicable codes and standards including OSHA and AWWA, ACI and standard prestressed concrete tank design. 1. DRAWINGS, SPECIFICATIONS, AND OTHER REQUIRED DATA Prior to starting work, CECS will gather all data required for submittal purposes for the repair to the aforementioned storage tank including any available computations, detailed drawings, and specifications. 2. COMMENCEMENT AND COMPLETION Upon your execution of this proposal and after a notice to proceed is issued, we will proceed according to a mutually agreed upon schedule determined between the client and CECS, and will undertake to furnish sufficient labor, materials, and equipment to complete the work within approximately three weeks working time thereafter. In the event that we cannot start the job by October 1, 2013 because of delays of any nature which are caused by the client or other contractor employed by him or other circumstances over which we have no control, the contract price may then be renegotiated to reflect any increased costs. 3. INSURANCE We hereby certify that we have complete Workers' Compensation Insurance, and that we carry adequate Liability and Property Damage Insurance as well as Builders' Risk Insurance. A certificate will be furnished by our insuring agency upon request. CROM ENGINEERING C CON STRLICTI[IN SERVICES 6801 SW Archer Road • Gainesvi I I e, Florida 32608. 352 -548 -3349 • Fax: 352 -548 -3449 25 of 643 12 -157 —D Repairs Based on Inspections April 18, 2013 City of Boynton Beach, Florida Page 2 SERVICES TO BE FURNISHED BY CROM ENGINEERING AND CONSTRUCTION SERVICES We propose to furnish all supervision, labor, material, and equipment required to complete the work, except as noted in Paragraph 5. The services to be furnished by CECS are specifically: A. Repair the cracks on the exterior tank wall by mechanically removing the efflorescence deposits and sealing the cracks in these areas to prevent continued water migration. B. Repair the cracks on the exterior dome by removing all loose deteriorated concrete, chipping completely behind and exposing any corroded steel mesh, chasing the corroded mesh until 4" minimum of clean steel is exposed, sandblasting or mechanically cleaning of the exposed steel and concrete surface, and applying a polymer modified cementitious surface repair material in conjunction with a bonding epoxy. Cracks with no exposed reinforcing will be routed by chasing the crack with a crack chasing bit and sealed with a polymer modified cementitious repair mortar and, apply a cementitious waterproofing as Thoroseal on the entire exterior dome. C. Remove interior coating by pressure washing at 3,500 (psi) minimum pressure to remove any loose or delaminating paint. D. Remove corrosion on the interior piping by sandblasting the pipes in accordance with SSPC- SP7 /NACE 4 Brush -off blast cleaning followed by an application of Ospho metal treatment. The pipe should then be coated with a protective epoxy coating suitable for use in potable water tanks such as Tnemec Series N140 or equal. This work shall be performed on the following tank: 1.5 MG Elevated Storage Tank 113.33 ID X 155.00 SWD Old Crom Job No. 1994 -M -024 5. MATERIALS AND SERVICES FURNISHED BY OTHERS It is understood that the following services shall be provided by others without expense to CECS: A. Adequate access to each tank site including open storage space for our vehicles, equipment and materials, conveniently located near the tank to be repaired. 26 of 643 12 -157 —D Repairs Based on Inspections April 18, 2013 City of Boynton Beach, Florida Page 3 B. A continuous supply of potable water under minimum pressure for the use of the CECS crew within 100 feet of each tank site. C. A continuous supply of electricity during the period of work: one 30 -AMP, 110 - volt service for the operation of our power tools and accessories, located not more than 100 feet from each tank. Please be sure that all circuit breakers are ground -fault protected. D. Any permit or other governmental fees as may be required for the work. E. Drainage and disposal of each tank's contents. F. Testing or disinfection of the tank including a supply of water for refilling each tank. G. Cleaning the interior and exterior of each tank and accessories. H. Complete lock out and tag out of the subject tank prior to personnel entering the tank. Client will be required to provide all materials for this process. CECS will review the procedures before entering the tank. BACK CHARGES AND CLAIMS FOR EXTRAS No claim for extra services rendered or materials furnished will be valid by either party unless written notice thereof is given during the first ten days of the calendar month following that in which the claim originated. CECS' claims for extras shall carry 30% for overhead and 10% for profit. DELAYS It is agreed that we shall be permitted to prosecute our work without interruption. If delayed at any time for a period of 24 hours or more by an act or neglect of the client, his representative, or other contractor employed by him, or by reason of any changes ordered in the work, we shall be reimbursed for our actual additional expense caused by such delay, including loss of use of our equipment, plus 30% for overhead. LABOR This proposal is predicated on open -shop labor conditions, using our own personnel. If we are required to employ persons of an affiliation desirable to the client or other contractor employed by him or the general contractor thereby resulting in increased costs to us, the contract price shall be adjusted accordingly. Such requirement shall not provide that CECS sign a contract with any labor organization. In the event of a 27 of 643 12 -157 —D Repairs Based on Inspections April 18, 2013 City of Boynton Beach, Florida Page 4 labor stoppage, we shall not be in default or be deemed responsible for delay of the progress of this contract or damage to the client or the contractor so long as CECS has sufficient qualified employees available to perform the work. QUOTATION We are prepared to carry out this work in accordance with the foregoing for the lump sum price of: Repairs Based on Inspection $48,570.00 Final payment, including any retention, shall be made within 30 days of the completion of the work. Final payment shall not be held up because of delays in testing. Client shall pay CECS interest at 12% per annum on any overdue amounts. 10. CONSULTATION AND LIMITATIONS If the client wishes to have CECS to perform any additional repairs or remediation of the tank or accessories, it shall authorize such work in writing and pay CECS its standard charges for such work. It is agreed that CECS shall not be responsible for any consequential, special or delay damages. It is agreed that the venue for any litigation under this Agreement shall be in Alachua County, Florida. If CECS engages an attorney for the collection of the amounts due from the client, the client shall pay CECS its reasonable attorney's fees and costs through any appeal. 11. GUARANTEE CECS will guarantee its workmanship and materials on its work covered in this Proposal for a period of one year after completion of its work. Prior to leaving the location, CECS personnel will perform a walk through with the responsible party overseeing our work for the client or contractor. In case any defects in CECS' workmanship or materials appear within the one -year period after completion of CECS' work, CECS shall promptly make repairs at its own expense upon written notice by the client or contractor that such defects have been found. CECS' guaranty is limited to defects in CECS' workmanship and materials and CECS is not 28 of 643 12 -157 —D Repairs Based on Inspections April 18, 2013 City of Boynton Beach, Florida Page 5 responsible for ordinary wear and tear or for damage resulting from negligent or inappropriate use. 12. ACCEPTANCE This proposal is offered for your acceptance within 45 days from the proposal date. We reserve the right after that period to amend our bid to reflect our changing construction schedules and materials and labor rate changes. The return to this company of a copy of this proposal with your acceptance endorsed thereon within the time aforesaid will constitute a contract between us. This proposal shall be made a part of any subcontract agreement or purchase order. Sincerely, CROM ENGINEERING & CONSTRUCTION SERVICES F Joe A. Johns Jeffrey D. Malpass, P.E Project Manager CECS President /asg ACCEPTED BY: TITLE: DATE: 29 of 643 6.B CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: (1) Approve the list of top ranking qualifiers identified by the evaluation committee from the responses received to the Request for Qualifications RFQ No.: 029 - 2821 -13 /DJL for Hydrogeological Consulting Services, and (2) Authorize City staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. EXPLANATION OF REQUEST: The City issued RFQ No.: 029 - 2821 -13 /DJL on April 19, 2013 for Hyrdrogeological Services to support the operations of their Aquifer Storage and Recovery and deep injection wells and the Landfill permit. The RFQ was published on Demandstar.com and by newspaper advertisement, and in addition companies from our exisitng vendor list were contacted. A total of 7 submissions were received and evaluated. The results of the evaluation are as follows:- Film Score ( Maximum-300 ) Ranldng CH21\1Hi11 298 1. Arcadis 289 2. 111WH 280 3. It was decided by the Selection Committee members at the Evaluation meeting that no oral presentations /interviews for further clarification was necessary. They were confident with all the information provided within the proposals. 30 of 643 Based on the above ranking, staff is requesting authorization to negotiate a contract with CH2MHill at this time. If staff cannot successfully negotiate a contract with CH2MHill they will cease negotiations and commence negotiations with the second ranked firm and then the third if necessary. Once a contract has been successfully negotiated it will be brought back to the City Commission for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is in need of these services to handle permitting issues with both the Florida Department of Environmental Protection (FDEP) and the Palm Beach County Health Department (PBCHD). FISCAL IMPACT: Costs associated with this work are already budgeted within the various departments. ALTERNATIVES: Not approve the ranking by staff and direct them to re- advertise. 31 of 643 0 CITY OF BOYNTON BEACH INTEROFFICE MEMORANDUM TO: Michael Low DATE: May 30, 2013 Deputy Director FROM: Diane LeRay, Cli CPPB, FCPM SUBJECT: RFO No.: 029 - 2821 -13 /DJL Contract Administrator Hydrogeological Consulting Services Please review the following purchasing process for your use in the Agenda package. Based on your request to Procurement Services Division to source the above captioned service, providing supporting information on the scope of services; Request for Qualifications (RFQ) # 029 - 2821 -13 /DJL was issued on April 19, 2013. There was no pre - proposal conference scheduled as the qualifications and requirements were not complex. The deadline for proposal submissions was May 8, 2013 at 2:30pm. As you are aware, the purpose of the solicitation is to contract with a qualified consulting firm with required personnel to provide Hydrogeological Services for support in the following areas: Aquifer Storage and Recovery (ASR) Wells, Deep Injection Well, Landfill, and Ground Water Monitoring. The solicitation was uploaded to the City's e- Procurement system, Demandstar.com to ensure that a broader vendor base would be invited to participate. In addition, this method provides for savings administratively due to the reduction of human resources. All potential Proposers were advised to retrieve the documents from Demandstar.com to ensure that the correct documents were in their possession. No addendums were issued. In addition to the newspaper advertisement; six - hundred and twelve (612) firms were invited to submit proposals which included eleven (11) supplemental companies derived from the City's vendor database. Sixty -nine (69) solicitation packages were issued as plan holders, which included five (5) firms that fell under minority or small business categories. There was no local business representation. On the date for submissions, seven (7) firms responded for consideration as follows: '.. Firm Location;. AECOM Technical Services, Inc. West Palm Beach, Florida Arcadis West Palm Beach, Florida CH2MHill Fort Lauderdale, Florida JLA Geosciences, Inc. Jupiter, Florida Leggette, Brashears and Graham, Inc. Tampa, Florida MWH West Palm Beach, Florida UPS Boca Raton, Florida Each proposal was reviewed to ensure that the preliminary submittals were received. As a result, all proposals were rendered as responsive to the RFQ requirements. The proposals were subsequently submitted to the Selection Committee members to evaluate and score accordingly. The said team composed of the following City staff: Bevis Piclott I Jose Huertas Christine Roberts Page 1 32 of 643 WRITTEN PROPOSALS The criteria used in evaluating the proposals from each firm include: 1. Firm's Qualifications to include past performance 2. Assigned Staff Qualifications and Experience 3. Current Workload to determine if the firm is staffed adequately to move the project along as quickly as our timetables calls for, or do they have more work than they can handle. 4. Project Approach 5. Demonstrated Knowledge of Hydrogeological Services 6. Responsiveness — overall value of the information contained in each proposal An Evaluation Committee meeting was held on May 22, 2013 at 10:00a.m., open to the public, with all Selection Committee members to reveal and discuss the scores should there be any disparities in each criterion evaluated. There were no discussions as the overall scores showed consistency. The members were attuned to the salient components of the proposals. As a result, below is the summary of the written evaluations. Firm Score (Maximum -300) Ranking (Written Only) CH2MHill 298 1. Arcadis 289 2. MWH 280 3. AECOM Technical Services 271 4. URS Corporation 269 5. Leggette, Brashears and Graham 264 6. JLA Geosciences 263 7. It was decided by the Selection Committee members at the said Evaluation meeting that no oral presentations /interviews for further clarification was necessary. They were confident with all the information provided within the proposals. Based on the evaluations that were conducted in accordance with the Purchasing policies and procedures and certain Florida statutes, the Procurement Services Division recommends award of the contract to CH2MHill as the highest ranked and most responsive, responsible proposer to gain approval from the City Commission for the requisite services. The tally sheet, scoring sheets from each Selection Committee member and the summary of scores will be provided to you as separate documents to substantiate details within this memorandum. Please advise should you have any questions or concerns relating to these procurement matters. Page 2 33 of 643 SUMMARY OF REVIEWERS' SCORES PER PROPOSAL "HYDROGEOLOGICAL CONSULTING SERVICES" RFP NO.: 029 - 2821- 13 /DJL May 22, 2013 AECOM Technical Services ARCADIS CH2MHILL JLA Geosciences Legette, Brashears and Graham MWH URS Corporation Chris Jose Bevis Figott Roberts Huertas I TOTAL I RANKING 88.00 89.00 94.00 271.00 95.00 98.00 96.00 289.00 2 99.00 100.00 99.00 298.00 1 86.00 85.00 92.00 263.00 87.00 83.00 94.00 264.00 94.00 88.00 98.00 280.00 3 89.001 87.001 93.001 269.00 34 of 643 CH2M HILL 1 4 550 W Cypress Creek Rd. Suite 400 Fort Lauderdale, FL 33309 Tel 954.351.9256 Fax 954.772.2621 May 2, 2013 City of Boynton Beach Procurement Services P.O. Box 310, Boynton Beach, FL 33425 -0310 Subject: RFC! for Hydrogeological Consulting Services, RFQ#029- 2821- 13 /DJL Legal Name: CH2M HILL Engineers, Inc. Address: 550 W. Cypress Creek Road Suite 400, Fort Lauderdale, FL 33309 Phone: 954.351.9256 Federal I.D. Number: 32- 0100027 Dear Members of the Evaluation Committee: CH2M HILL is pleased to submit this Statement of Qualifications to provide Hydrogeological Consulting Services for the City of Boynton Beach (City). We have enjoyed a long relationship providing injection well, ASR and landfill groundwater professional services for the City, and are sincerely looking forward to continuing our partnership. Our success assisting the City with hydrogeological services is predicated on several factors, including: • A dedicated core team familiar with the City's Class I injection well system, aquifer storage and recovery (ASR) wells 1 and 2, and post - closure groundwater monitoring at the landfill; • A demonstrated ability to work with City Department managers and staff in developing concise, scaled proposals and work plans providing the technical support the City needs; • Strong professional relationships with the regulatory agencies responsible for landfill, ASR and Class I injection well permitting and compliance— specifically, the Florida Department of Environmental Protection Underground Injection Control division and the Palm Beach County Health Department Air and Waste Section; • In -house technical resources with expertise in Class I injection wells, ASR systems, groundwater monitoring and geochemical studies. CH2M HILL has performed numerous projects for the City similar to those which may be requested under the proposed agreement: • Selected FDEP UIC Class l injection well and Class V ASH well services for the City of Boynton Beach — 1990, Preliminary aquifer storage and recovery (ASR) feasibility study; — 1991/92: Professional services, designed, permitted and certified construction of the Class I injection well system; — 1992: Professional services, Phase I, design, permitting, construction, and cycle testing of a 16 -inch diameter ASR well (ASR 1); 2001: Professional services, relining of the Class I injection well; — 2004: Professional services, Interim Mechanical Integrity Testing (MIT), Class I Injection Well; — 2005 -07: Professional Services, ASR -2 was permitted, designed and constructed; 35 of 643 City of Boynton Beach, Procurement Services Page 2 May 2, 2013 — 2007: Professional services, 5-Year MIT, Class I Injection Well; — 2010: Professional services, Interim MIT, Class I Injection Well; — 2010: Professional services, Operation Permit Renewal, Class I Injection Well; — 2011: Professional services, ASR Construction and Testing Permit Renewal; — 2012: Professional services, 5-Year MIT, Class I Injection Well; Selected Groundwater Monitoring and Landfill Post-Closure Monitoring services for the City of Boynton Beach — 2010: April and October Semi-Annual Reporting for the Boynton Landfill, Palm Beach County Health Department — 2011: April and October Semi - Annual Reporting for the Boynton Landfill, Palm Beach County Health Department — 2012: April and October Semi-Annual Reporting for the Boynton Landfill, Palm Beach County Health Department; — 2012: City of Boynton Beach Landfill 2.5-Year Report, Palm Beach County Health Department; — 2012: The Links at Boynton Beach Site Characterization Work Plan Our knowledge of the City's systems and commitment to the City to provide the identified hVdrogeological scope of services is unparalleled. Our local team, led by Gerrit Bulman and Mark Lucas, are excited about the Opportunity to continue working with the City to deliver permitting and maintenance level professional services, as well as investigative services requiring geochemical, ASR and Class I injection well expertise. Sincerely, CH2M HILL O M hew B. Alvarez, P.E. Gerrit R. Bulman, P.G. V and South r1orida Area Manager Project Manager a President of 643 Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 RFQ Title: Hydrogeological Consulting Services RFQ Number: 029-2821-13/DJL RFQ Received By: Wednesday, May 8, 2013 NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise, on! Wednesday, May 8, 2013 no later than 2:30 P.M. (LOCAL TIM E) and may not be withdrawn within ninety (90) days after such date and time. Name of Vendor: CH2M HILL Engineers, Inc. Federal I.D. Number: 32-0100027 A Corporation of the State of. State of Delaware Area Code: 954 Telephone Number: 351-9256 Area Code: 954 FAX Number: 772-2621 Mailing Address: 550 W. Cypress Creek Road Suite 400 City/State/Zip: Fort Lauderdale, FL 33309 Vendor Mailing Date.- 5/8/2013 Authorize 4na 19, at hew B. Alvar Name Typed EE 37 of 643 . • I • I CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: Hydrogeological Consulting Services PROPOSER: CH2M HILL Engineers, Inc. DATE SUBMITTED: May 8. 2013 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract documents. Having studied the documents prepared by and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: NIDDEADIM NO. DATE ADDENDUM No. DATE El THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 38 of 643 W " F'7 1. 11 t y , .' COUNTY OF PALM BEACH SS Matthew B. Alvarez NAME NOTARY PUBLIC, State of - Florida at Large Vice President and South Florida Area Manager TITLE CI-12M HILL Engineers, Inc. COMPANY ST nM - M y - m NOTARY OTARY SEAL" STAMP 28 39 of 643 State of Florida County of N M pkar'k Matthew B. Alvarez being first duly sworn, deposes and says that: Vim P9ident and South Florida Area 1) He is M—g.r of CH2M HILL Engineers, Inc. the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ, 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the city of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are t tainted b any collusion, on, conspiracy, connivance or unlawful agreement on the part of the pro user a agents, representatives, owners, employees, or parties in interest, including t i ' (Signed) Matthew B area, 41ce 1-1do, and Sou (Title) Manager Subscribed and sworn to before me This day of M — 20 40 of 643 A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses. Is your company a Minority Owned Business? No Yes No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) x NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 41 of 643 10101 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, certify that this integrator complies fully with the above requirements. / 42 of 643 CATEGORY. Human Res- REVISION' 1 EFFECTIVE DATE: December 13, 2012 POLICY SPONSOR O.HR Leadership Team ' O PURPOSE: CH2M HILL ( "CH2M HILL" or "Company ") is committed to maintaining and protecting the safety, health, and well -being of all Employees (as defined in Instruction 810 -1) enterprise -wide. CH2M HILL recognizes that alcohol use and drug use pose a significant threat to those goals. In furtherance of this commitment, CH2M HILL has established this Drug -Free Workplace Policy ( "Policy" or "DFWP "), which balances respect for Employees and employment Candidates (as defined in Instruction 810 -1 with the need to maintain an alcohol- and drug -free environment. this Policy, Instruction 810 -1, and procedure 810 -2 supersede and replace all previous drug and alcohol policies, procedures, core standards, and standards of practice, with the exception of the Alcoholic Beverages Policy (Policy 815). The definitions set forth in Instruction 810 -1 shall apply to this Policy. POLICY: The use and misuse of alcohol or drugs, whether prescribed or illegal, affects the ability of an Employee to perform assigned duties, particularly those Employees working in Safety Sensitive Positions (as defined in Instruction 810 -1), which may endanger the Employee, co- workers, client, and/or the public. It is the Company's policy that the use of Alcohol (as defined in Instruction 810 -1), Illegal Drugs (as defined in Instruction 810 -1), Controlled Substances (as defined in Instruction 810. 1), or Designer (Synthetic) Drugs (as defined in Instruction 810 -1) in violation of this DFWP and/or Policy 815 (Alcoholic Beverages Policy), and the misuse of prescribed drugs or the use of prescribed drugs that leads to impairment in a Safety Sensitive Position, is prohibited and contrary to a drug -free environment. It is CH2M HILL's goal to ensure that its Employees and employment Candidates are not under the influence of, subject to the effects of, or impaired by drugs and/or Alcohol on the job because it poses a safety risk to the Employee, co- workers, clients, and the public, and it undermines the efficient operation of the Company. Compliance with this Policy is bath a condition of employment for Candidates and a continuing condition of employment for current Employees. This Policy applies whenever an Employee is on duty, on Company PropertyfWorkplaee (as defined in Instruction 810 -1), representing the Company, or conducting business for CH2M HILL, on call, and/or attending Company or client - sponsored events. CH2M HILL believes that drug and/or alcohol dependencies are treatable. Every Employee has access to CH2M LL's Employee Assistance Program ( "EAP "), which provides limited free assessments and referrals for help regarding drug and/or Alcohol dependency. It is the Employee's responsibility to take advantage of this service. Neither this Policy nor its Instructions create a contract of employment. Employment with CH2M HILL remains at -will at all times (see Policy 802, At -Will Disclaimer Policy). CH2M HILL reserves the right to interpret or revise this Policy and its Instruction and Procedure at its sole discretion. Employees who do not adhere to this Policy and its Instruction and Procedure are subject to discipline, up to and including termination. NOTIFICATION: Instruction 810 -1, Procedure 810 -2, Policy 815 (Alcoholic Beverages Policy), and Policy 819 CH2M HILL CONFIDENTIAL AND PROPRIETARY 43 of 643 CATEGORY: Human Resources REVISION: 1 EFFECTIVE GATE: December 13, 2012 POLICYSPDASOR OneHRLeademhlp Te= (Background Screening Policy), contain substantive provisions related to the DFWP. Accordingly, the provisions of Instruction 810 -1, Procedure 8I0 -2, Policy 815 (Alcoholic Beverages Policy), and Policy 819 (Background Screening Policy) are explicitly incorporated into Policy 810 as if fully set forth herein and such provisions constitute substantive terms of Policy 810. EXCEPTIONS TO THE POLICY: • Employees who hold positions that place them under the jurisdiction of either the Pipeline and Hazardous Materials Safety Administration (PHMSA) or the Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation (DOT). Employees who fall under the jurisdiction of these Federal agencies will be tested to the highest authority pool they are in and will be subject to the appropriate DOT - mandated Anti -Drug and Alcohol Plan. DOT tests will be completely separate from non -DOT tests in all respects. • Provisions of this Policy will be implemented to the extent possible, except where state or Federal laws or regulations prohibit any or all of the requirements under this Policy. Any provisions of the DFWP that are prohibited by applicable law (except where applicable state law conflicts with applicable Federal law, in which case Federal law will govern) will not be implemented and/or enforced in the jurisdiction in which the provision is prohibited by applicable law. • This Policy is nut applicable to any Employees who are represented by a union until the Policy has been discussed with the union and a mutual agreement has been reached between the Company and the union through the collective bargaining process regarding the language and the implementation of a DFWP. • In instances in which a consortium or third -party administrator is used to administer the DFWP program, the DFWP shall ensure these parties are current on all requirements, regulations, and contracts. • Alcoholic beverages served at a C112M HILL sponsored event in compliance with Policy 815, Alcoholic Beverages Policy. • This Policy will not apply in instances where a C142M HILL legal entity is not the majority or sole owner of a CH2M HILL partnership, limited liability company, corporation, or joint venture and where such C112M HILL partnership, limited liability corporation, corporation, or joint venture has its own standalone operative drug and alcohol policies and procedures. APPLICABILITY: Other than as set forth in the Exceptions section above, this Policy applies to all U.S. CH2M HILL entities, its subsidiaries, business units, and controlled affiliates, including partnerships, limited liability companies, corporations, and joint ventures where CH2M HILL has a majority ownership position or exercises management control. RESPONSIBILM; Each business group president and functional leader is responsible for ensuring Employee compliance with the requirements of this Policy. It is also the responsibility of CH2M HILL Employees subject to the Policy to comply with this Policy. If you have any questions regarding this Policy, please contact your Human Resources Delivery Partner. CH2M HILL CONFIDENTIAL AND PROPRIETARY 44 of 643 ACKNOWLEDGMENT RFQ NO.: 029-2821-13/DJL The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Date: May 2, 2013 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTAB 33 45 of 643 46 of 643 LL 0 p 0 Z < 0 z 0 < Z 0 0 02 LOL w Z L LLI C) x le w Z , w m ui ca 0 O a z LU 0 w W O IL w z 2 a LL Z .< O 9L W Q j Z z z Q W LLJ x m UJ U) W w < 00 z (() z 0 fry :0 Z 93 Q LLl w 0 LLJ H 0 U) z 0 Ix w w 2 Lt mw Lt m w z z 9 0 0 LL .0 D (D w 0 w UJ LU Z cn n ui ca < w U) w M 0 dd U- 0 0 z UJ W G (D z U) w 0 0 < z 0 K czm L z ) C3 EE 0 LO 0 0 < Q. M C C, U) h U Cq LL 0 co cl 6 C6 LL LL 0 w 0 N LU zw -CO 09 .5 OL , M < 0 0 se 00 a) CO m (D 4 ca L3 a) _ t= 2 LU 0 <5 < 5 < LU 0 Of w z - in c8l U- .2 0 z UJ fe 0 0 0 C , i;] 0 0 C O EM �lm E2 O 'T U) F- w W 0, Z 0 m � :3 'm (D (D - ". E a ' LL 0) C ') 0 n- w n ca m a -i , ?: 6 � - > 0) r- 0 �; 2� co W < z (D< E r 0 - 2 LLJ a , C 0 z a CL cq U. < 0 LO m " ID co m -j Zzm 46 of 643 Delaware corporation authorized to transact business in the State of Florida, �uallfled on January 7, 2004. It7w. 47 of 643 STATE OF FLORIDA DERARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 323WO783 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AAC000278 ISSUED 01129=13 ARCHITECT CORPORATION CH2M HILL ENGINEERS INC I The Department of to is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to wwwVivaFiodda org, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHIITECTURE & INTERIOR DESIGN 11 1 11 1 11 1 ''Ill-, I CH2M HILL ENGINEERS INC 9191 SOUTH JAMAICA STREET ENGLEMOD CC 80112 61 ;TA W0. RICK SCOTT ISSUED: OIQW2013 Sang 0301290D01216 KENLAWSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY 48 of 643 C142M Hill Engineers, Inc. 9199 S. JAMAICA S1`REE I' ENGLrWO CO 80112 1116 IILL`II1ia' 16 4t 00% 111'11 11YI Ild 11I� l P111� IIIL' 1 1111 CL1U 14a IC11 Ll tYI I :89 L'4YFI F1761 1 I}!p[n('1'I§ I {4 it I tl11 °31� 1117¢ 1111 41'.56'6' � i 115 Cl'971 c1i161 R'8, "6v, \11flil'z146il1a'6\ I011t I I I' ll'1,11I LIM 1fr1 It03hSR R ".II I%% I I t11p l ILI 1116' L l JPII1% Nt .'r 16, I tI I. tI L L I 10 IIYI is91Y4, of IN dIn1 Itl 11n III Ig 1l mU Ol 661$51 Td 51II%i 119 0 d IE 1IMI 4l I', III, 11 11141111 1 ills IC!_Jl MIML 819LIP1�°i i`. Il I IV 11L I I III cal E l ITIVI5 I lu C1 E> ua I u, I 14 ll l oh. 111, €a all I le oil It 11 F 8!I 1111 (loaf nI,'1I c1 °1L' +a ie= I U6&, of 14t'LUTA6' tllr #;cr11li °ILlia'„ Itt tli6' LIOLIW1i6 "n6 'S UIILLIIWIIs III 11CLI 155• Id nlclskll t rn6lif.'I r1:luml [®111111• UIIIII1,.116011. .41 IILNk 9 11115.1\ 5 pi for to ( c' Isti C 11@14111 III' 0111\ 1'5 111-L% 11 IR0161 111 f 1'6'11 °!! 111 11'}'e 111 5.6'1II kaI 411.11 I 1 1,!I1m I LII III I1.66. II i II117o. c mn %c PE'EO111'61 1'111! fte (119 1,11111 11. 6 ' (111 lO ,9 } � \1 1'. 111.1 kc lil4'J" 1') 11 08�U9, y'4 I l � Iftl_ t1I II c> 11 ii II ic6 ICI..II II Id 1 It t'1. It 16 it I Ilgi Ilk vIW. 26 4 \, 1115.Ii+cx 4¢fcw °1. buuc K H2.Iollalli,mv, I 1 119, § - :(15111 C nlLA: isau''61'.�P1411r.esrl;. Cpuf sl11' h1iIL• udcl >'rasie o gv' 49 of 643 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL GEOLOGISTS (860) 487-1139� 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 CH2M HILL ENGINEERS, INC 9127 SOUTH JAMAICA STREET ATTN: SALLY HILL ENGLEWOOD CO 80112 Contindulsdions' With this licansegou become one of the nearly one million Floridians licensed by a Department of Business and Prokessrand Regulation. Our prof esionals and businesses range from archRocis to yacht brok finsm boxers to barbeque restaurants, and they keep Flonfts ecanorr y sheng, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REouLxriON GB698 ISSUED' 0212612013 GEOLOGY BUSINESS CH2M HILL ENGINEERS, INC IS CERTIFIED under the PY—Seeir of C11.402 FE fW 41� d� JUL 'U M14 I The Department of State is leading the commemoration of Florida's 500381 anniversary in 2013. For more information, please go to www VivaFlorida.org. "OVA STATE47 FLORIIA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL GEOLOGISTS � Ion a mah LAW AY01 rP1X5T.Xf11TEw is I apt CH2M HILL ENGINEERS, INC 9127 SOUTH JAMAICA STREET ATTN: SALLY HILL ENGLEWOOD CO &4112 J INIIIA RICK SCOTT ISSUEM 62126P2013 SED0 1,1302260000646 KEN LAWSON GOVERNOR DISPLAYAS REQUIRED BY LAW SECRETARY 50 of 643 STATE OF FLORID DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION C014STRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET .Yd 1�_yP• 1 1 I WIN DETA .,. R REEL RY BOA t 9 T1aE= GENERAL CONTRACTOR. ri a hesow � cox -I��Ea Un er the provisl' E; ® hapt d. j' 48'� R Expiration date. AUG 31, 2014 ; ' t ,I �� x ; 05�It i4 :DUNPAg. SL°,O°1'p- 47A1°NE ,._ ^.CH2N HfIL 1ENGZ'NEE,RS YNO ,r if�F S - 9191 SOUTH J' TCA 8 TRfiET r E2QGLEOOD AL, B 0218 RTC 840TT'.. KEN LAWSON OOV:RkNOR SECRETARY DISPLAY AS REQUIREt7'SY LAW - 51 of 643 - sTare on F oato ACS 6 7 �q 3 2 Con ratutationsl With this license you become one of the near) one million g y y 7'SHPARTMELdT QP ' Floddlano licensed by the Department of Business and Professional Regulation. P, UL.A . pRDFESSS,o L_ gBGUL TIOM Our professionals and businesses range from architects to yacht brokers, from j a ,�•..,; ; ' boxemtobarbequerestaurants, andthey keep Flodda's economy strong. CGC1513664� ;�17,J3'0`/.i2� 127036987 Every day we work to improve the way we do business In order to serve you better,: P ': For information about our services, places log onto www.mpflaridatieense.com. 09 F1,ET# (3E L Qat$;: CTOR There you can find more information about our divisions and the regulations that impactyou, subscribe to department newsletters and learn more about the E DUNaAR 6,pT}°- A _ Otf2k5 :HZL $6'INEERB I C Department's initiatives. - ',! r;`'�• Dur mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. for doing business in Florida, licensel a8 :CL+RTxBSBD s� eh psovroiW oc "48a es; 41 ' Thank you and congratulations on your new a:e }w, sa AU 31 _2014 : ysaaitoo3YO3 DETA .,. R REEL RY BOA t 9 T1aE= GENERAL CONTRACTOR. ri a hesow � cox -I��Ea Un er the provisl' E; ® hapt d. j' 48'� R Expiration date. AUG 31, 2014 ; ' t ,I �� x ; 05�It i4 :DUNPAg. SL°,O°1'p- 47A1°NE ,._ ^.CH2N HfIL 1ENGZ'NEE,RS YNO ,r if�F S - 9191 SOUTH J' TCA 8 TRfiET r E2QGLEOOD AL, B 0218 RTC 840TT'.. KEN LAWSON OOV:RkNOR SECRETARY DISPLAY AS REQUIREt7'SY LAW - 51 of 643 6.0 CONSENT AGENDA June 18, 2013 fi. CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2013/2014. The anticipated Community Development Block Grant allocation is $462,182. EXPLANATION OF REQUEST: The Community Development Block Grant Program (CDBG) was created by Congress with the passage of the Housing and Community Development Act of 1974. The US Department of Housing and Urban Development (HUD) office of Community Planning and Development (CPD) administers CDBG. Its mission is to assist in developing sustainable communities by promoting innovative approaches that provide decent housing, suitable living environments, and expand economic opportunities for low and moderate income persons through its entitlement communities. The City of Boynton Beach is in its seventeenth year as an entitlement community for receiving Federal Grant funds. The One Year Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one "whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low- income areas ". In order to meet this objective, CPD encourages the development of partnerships among all levels of government and the private sector, including for - profit and non - profit organizations; more specifically, organizations that provide services within distressed areas. 52 of 643 One important principle CPD encourages is to carry out the mission of Community Planning through community development issues driven from the bottom up. By this method, grantees are expected to empower local residents by helping to give them a voice in the future of their neighborhoods. A grantee must develop and follow a plan which provides for and encourages citizen participation and which emphasizes participation by persons of low or moderate income, particularly residents of predominantly low and moderate income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use the CDBG funds. In effect, HUD requires that 70% of CDBG funds be expended to benefit low and moderate income persons or households in areas where a minimum of 51% of their residents meet this income criterion. Activities that are taken on by the City must meet three (3) national objectives: 1. Benefit low and moderate - income persons 2. Address slum and blight 3. Meet a particular urgent community development need The following is a list of types of eligible activities: • Property acquisition and disposition • Clearance and demolition • Interim assistance to arrest severe deterioration or alleviate emergency conditions — e.g., hurricane, earthquakes, flooding • Completion of urban renewal projects • Relocation assistance • Loss of rental income (related to relocations) • Code Enforcement • Construction of New Housing • Housing Rehabilitation • Public Facilities and Improvements • Public Services • Removal of Architectural Barriers • Homeownership assistance (e.g., down payment assistance, interest subsidies) • Technical assistance to public or non - profit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities • Lead -based paint testing and abatement Public Facilities and Improvements • Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water /sewer lines, streets and sidewalks) • Acquisition, construction or rehab of neighborhood facilities and facilities for persons with special needs (e.g., homeless shelters, group homes and halfway houses) Public Services The total amount of CDBG funds obligated for public service activities must not exceed fifteen percent (15 %) of the annual allocation, and may not be used to replace local or state monies to fund essential services typically offered by the local government. It includes the following: • Job training and employment services • Health care and substance abuse services • Child care • Crime prevention • Fair housing counseling • Substance abuse services 53 of 643 • Services for senior citizens • Services for homeless persons • Recreational services • Education programs Planning and Administration of the Program The total amount of CDBG funds that may be obligated for planning and administration of the program must not exceed twenty percent (20 %) of the annual allocation. It includes the following: • General management, oversight and coordination • Public information • Fair Housing activities • Indirect costs • Submission of applications for Federal programs Advertisements soliciting applications were placed in local publications on April 3, 2013, letters sent out to various churches in the community, and a public workshop was conducted on April 18 2013 for the purpose of explaining the program, eligibility requirements, and public input, resulting in receipt of four proposals on May 6, 2013. . Using both City staff and a representative of the community, the following represents the committee members that reviewed the applications: Beverly Agee - Attorney Scott Kline - Economic Development Manager Hanna Matras - Senior Planner HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This preliminary review of funding recommendations is provided to Commission in advance of public posting. Final funding recommendations, incorporated into the one (1) action plan, will return to Commission following a 30 day public comment period. The action plans are due to HUD by August 15, 2013. As described above, the Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development activities. A full copy of the application package, including scoring criteria, is also included with the agenda item. Four (4) proposals were received and evaluated by the committee, and the results are as follows: Aid to Victims of Domestic Abuse, Inc. — To provide funding for one -half of the salary and benefits of an Intervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measureable results, and will provide individual and group counseling to children as needed. *Funding Request $20,000 Committee Recommendation $15,000 ( *Public Service) Boynton Beach Faith -Based Community Development Corporation — The Boynton Beach Faith - Based CDC is a state recognized Community Housing Development Organization (CHODO). The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development initiatives. They are also a Community Based Development Organization (CBDO) which offers the City more flexibility in achieving its Community Development Objectives. 54 of 643 Funding Request $111,700 Committee Recommendation $70,000 Community Caring Center of Greater Boynton Beach — The agency requests funding to provide for staffing costs and other administrative cost related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage, rent, and utility payment assistance, food and food vouchers, medication purchase assistance, and direct emergency social services to seniors, to name just a few of their numerous programs. *Funding Request $65,000 Committee Recommendation $39,327 ( *Public Service) Community Caring Center dba "the Secret Garden Cafe" — The Community Caring Center is facilitating a not - for - profit cooperative /incubator /grocery store. The program includes creating awareness and educating the public by involving the faith community and creating a business incubator focusing on entrepreneurs whose businesses are related to the food industry. Funding Request $25,000 Committee Recommendation -0- City of Boynton Beach Recreation Department — Provides summer camp scholarships to low income students eligible for free and reduced lunches. Committee Recommendations $10,000 ( *Public Service) Summary: Sub - grantee funding ($54,327 public service) ............. ............................... .......................$129,327 City of Boynton Beach Recreation Department .................................... ............................... $10,000 Fair Housing Initiatives ( *Public Service) ................................................ ............................... $5,000 Planning & Grant Administration .......................................................... ............................... $92,436 Housing Rehabilitation & Delivery ................................ ............................... .......................$230,419 SUBTOTAL ...................................................................................... ............................... $462,182 *City of Boynton Beach Economic Development Incentives ................... ....................... [*To be funded from previous year's unexpended allocations] TOTAL ...................................................................... ............................... .......................$649,182 FISCAL IMPACT: The City of Boynton Beach's CDBG allocation for FY 2013/2014 is $462,182, which is a four point eight five percent (4.85 %) increase from FY 2012/2013. Twenty percent or $92,436 will be used for the administration of the CDBG program. Fifteen percent or $69,327 of the funds will be used to provide public services to the residents of the City of Boynton Beach. ALTERNATIVES: The City of Boynton Beach would have to use General Fund dollars, or discontinue is revitalization efforts. 55 of 643 Aid To Victims of Domestic Abuse, Inc. CATEGORIES /MAX POINTS BEVERLY SCOTT HANNA AVERAGE AGEE KLINE MATRAS 1. Benefit to Low /Moderate Income Persons (National Objective Preference) 5 5 3 Maximum Points: + 5 2. Benefit to Target Area 10 10 5 Maximum Points: + 10 3a. Activity — Need 10 15 12 Maximum Points: + 15 3b. Activity /Justification 5 5 4 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness g 10 9 Maximum Points: + 10 S. Activity Management and implementation 16 20 20 Maximum Points: + 20 6a. Experience 10 10 10 Maximum Points: + 10 6b. Past Performance 10 7 10 Maximum Points: + 10 7. Matching Contributions 20 20 20 Maximum Points: + 20 S. Self Sufficiency [N /A to Municipalities] 5 3 4 Maximum Points: + 5 9. Application Completeness 5 5 4 Maximum Points: +5 TOTAL POINTS AWARDED 104 110 101 105 S. \COflrrtru�+ay imprsverm�nE\ a'8R \ti>mrm� 'D= a31TR�wamf;c ma. &2 56 of 643 Boynton Beach Faith -Based Community Development Corporation CATEGORIES /MAX POINTS BEVERLY ScoTr HANNA AVERAGE AGEE KLINE MATRAS 1. Benefit to Low /Moderate Income Persons (National Objective Preference) 5 5 5 Maximum Points: +5 2. Benefit to Target Area g 10 10 Maximum Points: + 10 3a. Activi Need 15 15 14 Maximum Points: + 15 3b. Activity /Justification 5 5 4 Maximum Points: +5 4. Cost Reasonableness and Effectiveness g 4 Maximum Points: + 10 S. Activity Management and Implementation 18 12 12 Maximum Points: + 20 6a. Experience 10 10 Maximum Points: + 10 6b. Past Performance g 5 Maximum Points: +10 7. Matching Contributions 20 20 17 Maximum Points: + 20 8. Self Sufficiency [N /A to Municipalities] 3 2 2 Maximum Points: + 5 9. Application Completeness 0 2 2 Maximum Points: + 5 TOTAL POINTS AWARDED 88 92 85 88 �: \C- mmvnsty ��e�t \'GJ��� \'�'b'rnra\�'DY81?� rn2aat�f&bi��Y91�.Rae 57 of 643 Community Caring Center of Greater Boynton Beach CATEGORIES /MAX POINTS BEVERLY SCOTT HANNA AVERAGE AGEE KLINE MATRAS 1. Benefit to Low /Moderate Income Persons (National Objective Preference) 3 5 5 Maximum Points: +5 2. Benefit to Target Area 8 10 10 Maximum Points: +10 3a. Activity — Need 15 15 15 Maximum Points: + 15 3b. Activity /Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 10 9 Maximum Points: + 10 S. Activity Management and Implementation 15 20 19 Maximum Points: + 20 6a. Experience 8 10 10 Maximum Points: +10 6b. Past Performance 5 $ g Maximum Points: + 10 7. Matching Contributions 10 20 19 Maximum Points: + 20 8. Self Sufficiency [N /A to Municipalities] 2 3 3 Maximum Points: + 5 9. Application Completeness 5 4 3 Maximum Points: + 5 TOTAL POINTS AWARDED 86 1 109 105 100 s \OmmmniY ft&ta ;tailltya 58 of 643 Community Caring Center dba "a Secret Garden Cafe" CATEGORIES /MAX POINTS BEVERLY SCOTT HANNA AVERAGE AGEE KLINE MATRAS 1. Benefit to Low /Moderate Income Persons (National Objective Preference) 55 2 4 Maximum Points: +5 2. Benefit to Target Area 10 10 10 Maximum Points: +10 3a. Activity — Need 12 5 10 Maximum Points: + 15 3b. Activity /Justification 5 2 3 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness g 3 Maximum Points: + 10 5. Activity Management and Implementation 10 5 6 Maximum Points: + 20 6a. Experience $ 2 5 Maximum Points: + 10 6b. Past Performance g 5 4 Maximum Points: + 10 7. Matching Contributions 5 0 $ Maximum Points: + 20 8. Self Sufficiency [N /A to Municipalities] 5 2 3 Maximum Points: + 5 9. Application Completeness 2 2 Maximum Points: + 5 TOTAL POINTS AWARDED 76 38 5$ 57 : S:\ C' mrnrrew�aiit' ��pFiav�FAe 'Ri\� \'F3'nRA�'sS \fikf Wlb'SR4�.�isic t2i1i1.�08 59 of 643 CDBG Sub- Grantees Past 5 Years Fiscal Year Grant Award Expended Usage (as of May 20131 Ait Ytatlictiins `is #o`omestic;il4u;«e ' 9YDA 2008/09 $12,000.00 $12,000.00 Armin 2009/10 $12,000.00 $12,000.00 Admin N 2010/11 $15,000.00 $15,000.00 Armin A a 2011/12 $17,500.00 $17,500.00 Armin 2012/13 $15,000.00 $15,000.00 Admin [current year] Boynton Beach Faith Based Community Development Corporation BBFBCDC 2008/09 m $80,000.00 $80,000.00 Admin a 2009/10 $217,995.00 $212,358.00 Armin [together w/ RM Lee CDC] ° m 2010/11 z $80,000.00 $79,790.00 Admin oo 2011/12 $65,000.00 $65,000.00 Armin V V 2012/13 $70,000.00 $55,138.00 Admin [current year] Community Caring Center CCC 2008/09 $55,000.00 $55,000.00 Admin a 2009/10 $55,478.00 $55,478.00 Armin 2010/11 $50,000.00 $50,000.00 Admin 0 2011/12 $45,400.00 $45,400.00 Armin 2012/13 $38,000.00 $19,480.00 Admin [current year] Community Caring Center dba "Ocean Avenue Green Market" OAGM 2008/09 $25,000.00 $25,000.00 Admin 2009/10 $25,000.00 $25,000.00 Admin E E ° c o 2010/11 o — $25,000.00 $25,000.00 Admin w y 0 2011/12 $25,000.00 $25,000.00 Armin 2012/13 $20,000.00 $15,190.00 Admin [current year] The OAGM has applied this year under its new name "a Secret Garden Cafe" HUD 2013 allocations = $462, 182.00. Admin @ 20% would be $92,436.00; Public Service cap of 15% would be $69,327.00 C:\ Users \byrnen\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \8E26DQWG \Sub - recipient Data 2012 (2) 60 of 643 CITY OF • • BEA •, 4. " " L I C 4T 10 l • ► \ g \ V \ 19&fST_1Wj:f_1: ► 1Ftwi) E l' i � . ,+� •t • , .i '11. ,r f Octavio S. Sherrod, Community Improvement Manager Community Improvement Division 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 sherrodo2bbfLus 61 of 643 SUMMARY OF THE COMMUNITY DEVELOPMENT BLOCK GRANT The Community Development Block Grant Program (CDBG) was created by Congress with the passage of the Housing and Community Development Act of 1974, as amended. Section 101(c) of the Act [42 U.S.C. 5301(c)] outlines the following: "The primary objective of Title 1 of the Housing and Community Development Act of 1974, as amended, and of the Community Development Program of each grantee under the Title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally to persons of low- and moderate - income. Consistent with this primary objective, not less than 70.0 percent of CDBG funds received by a grantee shall be used in accordance with the applicable requirement for activities that benefit persons of low- and moderate - income." The United States Department of Housing and Urban Development (HUD) places administrative responsibility for the CDBG Program in the City of Boynton Beach on the City Commission. In an effort to create viable urban settings, principally for persons of low- and moderate - income, the Community Improvement Division may utilize such programs as: Housing Rehabilitation, Emergency Assistance, Relocation, Capital Improvements, Demolition, Economic Development and Public Service Programs. The Community Improvement Division established CDBG Planning and Target Areas through the adoption of the Six -Year Redevelopment Plan during 1991. The Plan identified Neighborhood Strategy Areas (NSAs) and Code Enforcement Areas (CEAs) in the City of Boynton Beach. The Community Improvement Division welcomes your application submission. We will provide technical assistance, if needed. If you have any questions regarding this application, please contact the Community Improvement Division at 742.6066. The City Of Boynton Beach Community Improvement Division will hold a workshop �n Thursday, April 1$` " 2013, [with ►ocation to be determined] from 9:00 —10:00 a.m. t� assist applicants with any questions they may have regarding the application process, Reservations are not required, but please have any questions and/or concerns prepared so that they may be addressed promptly. Please call 742.6066 for location /directions. 62 of 643 CITY OF BOYNTON ACTIVITY APPLICATION FORM 63 of 643 TABLE OF CONTENTS Section Page # I. Applicant Information 1 II. Activity and Project Information 2 -3 III. Activity /Project Implementation and Management 4 -6 IV. Project and Activity Budget 7 -10 V. Activity Impact 11 -13 VI. CDBG National Objective Requirements 13 -14 VII. Legal Status and Consistency with Local Plans 14 VIII. Attachments Required 15 -16 IX. Glossary of Terms 17 -20 X. Summary of Eligible Activities and National Objective Matrix 20 -21 XI. Preliminary Evaluation Criteria 22 -24 Appendix 1— Income Limits 25 Appendix 2 — Instructions 26 -29 Appendix 3 — HUD'S HCD Activities & Goals 30 {1 -3} 63 of 643 IMPORTANT FACTS FOR FILLING OUT APPLICATIONS b PLEASE SUBMIT APPLICATION WITH ONE [11 HARD COPY ORIGINAL AND ONE [11 ELECTRIC COPY APPLICATIONS MUST BE RECEIVED BY THE COMMUNITY IMPROVEMENT DIVISION BY 5:30 P.M. ON THE DEADLINE DATE. b NO LOOSE-LEAF BINDERS — APPLICATIONS MUST BE COMB OR SPIRAL BOUND. b NO WAIVERS WILL BE GRANTED BY COMMUNITY IMPROVEMENT DIVISION FOR APPLICATIONS THAT DO NOT MEET THE ESTABLISHED DEADLINE — NO EXCEPTIONS. APPLICATIONS THAT DO NOT MEET THE ESTABLISHED DEADLINE WILL NOT BE CONSIDERED. SUBMISSION IS FINAL — APPLICATIONS WILL BE EVALUATED AS SUBMITTED. NO AMENDMENTS WILL BE ALLOWED. COMMUNITY IMPROVEMENT STAFF MAY REQUEST ADDITIONAL INFORMATION. COMPLETE ALL SECTIONS FOLLOWING INSTRUCTIONS ON PAGES 26 —29. • Please Read Instructions. • Applications must be typed. • Please Clearly Label All Attachments. PLEASE SUBMIT A SEPARATE APPLICATION FOR EACH ACTIVITY. �i ALL BLANKS MUST BE COMPLETED — ANY MISSING OR INCORRECT INFORMATION WILL HAVE A NEGATIVE IMPACT ON YOUR APPLICATION. USE "N /A" WHERE RESPONSE IS NOT APPLICABLE. b ALL APPLICANTS ARE ENCOURAGED TO PROVIDE MATCHING FUNDS. MATCHING CONTRIBUTIONS WILL POSITIVELY IMPACT YOUR APPLICATION. b HAVE APPLICATION SIGNED BY THE APPROPRIATE PERSON. UNSIGNED APPLICATIONS WILL NOT BE CONSIDERED. • Agencies ............................ .............................by Chairperson, Board of Directors • Other ................................. .............................by President /CEO CALL [561]742.6066 FOR ASSISTANCE IN COMPLETING APPLICATION 64 of 643 CITY OF BOYNTON BEACH COMMUNITY IMPROVEMENT DIVISION ACTIVITY APPLICATION FORM READ ALL INSTRUCTIONS BEFORE COMPLETING APPLICATION "APPLICATION MUST BE TYPED" DUE DATE IS MAY 6", 2013 BY 5:30 P.M. FOR ASSISTANCE CALL [561]742.6066 I. APPLICANT INFORMATION ORGANIZATION/AGENCY NAME:: CONTACT: TITLE: ADDRESS: CITY, STATE, ZIP: (AREA CODE) PHONE NUMBER: (AREA CODE) FAX NUMBER: PERIOD FOR WHICH FUNDS ARE BEING REQUESTED: PRINT NAME AND TITLE OF PERSON SIGNING: (SEE SECTION 1, PAGE 31 OF INSTRUCTIONS) PERSON SIGNING TITLE SIGNATURE DATE 65 of 643 ACTIVITY AND PROJECT INFORMATION THE WORD "ACTIVITY' AS USED IN THIS APPLICATION DENOTES THE ACTION FOR WHICH FUNDS ARE BEING REQUESTED. THE WORD "PROJECT" AS USED IN THE APPLICATION DENOTES ALL THE ACTIONS (OR ACTIVITIES) THAT CONSTITUTE THE PROJECT. IN SOME INSTANCES, THE ACTIVITY 15 THE SAME AS THE PROJECT. IS THE ACTIVITY FOR WHICH FUNDS ARE BEING REQUESTED PART OF AN OVERALL PROJECT? ❑ YES ❑ NO PLEASE DESCRIBE THE PROJECT IN DETAIL AND EXPLAIN HOW THE ACTIVITY RELATES TO THE PROJECT (i.e., LAND ACQUISITION TO DEVELOP A PARK): A. ACTIVITY TYPE AND TITLE 1. TYPE OF ACTIVITY: PLEASE CHECK THE APPLICABLE ACTIVITY TYPE. GLOSSARY OF TERMS IS PROVIDED IN SECTION IX OF THE APPLICATION. EXAMPLES OF ELIGIBLE ACTIVITIES ARE SUMMARIZED IN SECTION X. PUBLIC SERVICES ❑ PLANNING ❑ SALARIES ❑ PUBLIC SAFETY /CRIME PREVENTION ❑ SPECIAL ACTIVITY BY A COM M UNITY -BASED ORGANIZATION OTHER ❑ SPECIFY: 2. TITLE OF THE ACTIVITY: HOMELESS PREVENTION SERVICES ❑ SPECIAL ECONOMIC DEVELOPMENT ❑ YOUTH PROGRAMS HISTORIC PRESERVATION IN 3. ACTIVITY PRIORITY: PLEASE INSERT THE PRIORITY ASSIGNED BY THE ORGANIZATION'S BOARD. PRIORITIZATION MUST BE PROVIDED FOR ACTIVITIES SUBMITTED BY MUNICIPALITIES AND BY APPLICANTS WHOSE ACTIVITIES ARE LOCATED WITHIN MUNICIPALITIES (PLEASE SEE ATTACHED APPENDIX 3 FOR MORE DETAIL). Lmelmm �kn 1. 11 66 of 643 B. INTER - RELATED ACTIVITIES IF SEPARATE APPLICATIONS ARE BEING SUBMITTED FOR INTER - RELATED ACTIVITIES, PLEASE COMPLETE THE FOLLOWING: NUMBER OF INTER - RELATED ACTIVITIES, INCLUDING THIS APPLICATION: (e.g., 1 OF 4) NAME OF APPLICANT TITLE OF INTER - RELATED ACTIVITY: ACTIVITY TYPE: C. ACTIVITY DESCRIPTION ACTIVITY DESCRIPTION PLEASE DESCRIBE THE ACTIVITY IN DETAIL AND BE VERY SPECIFIC AS TO HOW THE CDBG FUNDS ARE PROPOSED TO BE USED (A DETAILED DESCRIPTION IS NECESSARY TO DETERMINE ELIGIBILITY). 3. PLEASE LIST THE OBJECTIVES, IN MEASURABLE TERMS, PROPOSED TO BE ACCOMPLISHED (INCLUDE TYPE OF UNIT MEASUREMENT (e.g., LINEAR FEET OF SIDEWALKS} LISTED IN APPENDIX 2, PAGE 32). FOR ACTIVITIES INVOLVING NEW CONSTRUCTION OR EXPANSION, PLEASE INSERT THE SIZE OF THE FACILITY. ARE CDBG FUNDS TO BE USED FOR SPECIAL ECONOMIC DEVELOPMENT? []YES FRO IF "YES ", (1) PLEASE SPECIFY NUMBER OF LOW/MOD JOBS TO BE CREATED OR RETAINED (2) CDBG REGULATIONS CONTAIN STRICT GUIDELINES FOR EVALUATING AND SELECTING ECONOMIC DEVELOPMENT PROJECTS. THE CITY OF BOYNTON BEACH MAY BE CONTACTED FOR ASSISTANCE. 67 of 643 ACTIVITY /PROJECT IMPLEMENTATION AND MANAGEMENT ACTIVITY IMPLEMENTATION ACTIVITY IMPLEMENTATION EXPLAIN IN DETAIL YOUR PLAN OF ACTION, FOCUSING ON HOW THE AGENCY (AND WHO, SPECIFICALLY) WILL IMPLEMENT THE ACTIVITY. ALL APPLICANTS ARE REQUIRED TO PROVIDE INFORMATION RELATIVE TO THEIR EXPERTISE. IN YOUR EXPLANATION, DESCRIBE IF ANY POLICIES, PROGRAMS, ETC., NEED TO BE DEVELOPED, AND IF ADDITIONAL PERSONNEL IS NEEDED TO IMPLEMENT THE ACTIVITY: DOES IMPLEMENTATION OF YOUR ACTIVITY REQUIRE A LICENSE TO OPERATE? YES ❑ NO ❑ (IF "YES, ATTACH A COPY OF LICENSE. IF YOU DO NOT HAVE A LICENSE, PLEASE EXPLAIN): PRIVATE AGENCIES PRIVATE AGENCIES MUST ATTACH AN ORGANIZATIONAL CHART WITH A LIST OF CURRENT POSITIONS AND SALARIES. 68 of 643 PLEASE COMPLETE THE ACTIVITY/PROJECT WORK PLAN BELOW: 4. WILL THE ACTIVITY CAUSE TEMPORARY OR PERMANENT DISPLACEMENT OF PERSONS? YES ❑ NO ❑ N/A ❑ (IF "YES ", PLEASE SPECIFY IF THE DISPLACEMENT INVOLVES TENANTS, OWNERS OR BOTH, AND EXPLAIN WHAT ACTIONS ARE PROPOSED TO BE UNDERTAKEN AS A RESULT OF THIS DISPLACEMENT ?): S. WILLTHE ACTIVITY CAUSETEMPORARY OR PERMANENT DISPLACEMENT OF BUSINESS? YES ❑ NO ❑ N/A ❑ (IF "YES ", PLEASE EXPLAIN WHAT ACTIONS ARE PROPOSED TO BE TAKEN AS A RESULT OF THIS DISPLACEMENT ?): ARE FEES CHARGED, OR PROJECTED TO BE CHARGED FOR THE USE OF THE FACILITY OR THE PROGRAM? YES ❑ NO ❑ N/A ❑ (IF "YES ", INDICATE THE AMOUNT PER PERSON): $ IS THE FACILITY LEASED, OR ANTICIPATED TO BE LEASED BY USERS OTHER THAN THE APPLICANT? YES ❑ NO ❑ N/A ❑ 69 of 643 (IF "YES ", PLEASE COMPLETE THE FOLLOWING INFORMATION`: a. NAME OF PROPOSED USERS: b. DO THE PROPOSED USERS INTEND TO CHARGE FEES? YES ❑ NO ❑ 8. ARE ASSESSMENT FEES GOING TO BE CHARGED TO RESIDENTS TO RECOVER COST? YES ❑ NO ❑ N/A ❑ (IF "YES ", PLEASE EXPLAIN): 9. DOES IMPLEMENTATION OF YOUR ACTIVITY REQUIRE A LICENSE TO OPERATE? YES ❑ NO ❑ (IF "YES ", ATTACH COPY OF LICENSE. IF YOU DO NOT HAVE LICENSE, PLEASE EXPLAIN): B. ACTIVITY LOCATION PLEASE COMPLETE THE FOLLOWING: 1. ACTIVITY ADDRESS: 2. PLEASE DESCRIBE EXACT LOCATION: 3. PROPERTY CONTROL NUMBER(S): 4. OWNER OF PROPERTY: S. OWNER'S ADDRESS: 6. OWNER'S PHONE NUMBER: 7. ATTACH TWO (2) MAPS SHOWING THE LOCATION OF YOUR ACTIVITY: ONE SHOULD BE A STREET MAP; THE OTHER, A PLAT MAP SHOWING LOTAND BLOCK NUMBERS. C. MAINTENANCE /OPERATION COMMITMENT PLEASE EXPLAIN THE STEPS TO BE TAKEN TO ENSURE THE MAINTENANCE AND OPERATION OF THE COMPLETED ACTIVITY. A LETTER CERTIFYING THE ORGANIZATION'S COMMITMENT MUST BE ATTACHED G 70 of 643 IV. PROJECT AND ACTIVITY BUDGET A. PROJECTBUDGET: PLEASE ATTACH AN ITEMIZED TOTAL PROJECT BUDGET, AND COMPLETE THE FOLLOWING: 1. PLEASE INSERT THE TOTAL PROJECT COST:$ 2. DOES THE TOTAL PROJECT COST INCLUDE FUNDS FROM OTHER LOCAL, FEDERAL OR STATE PROGRAMS? YES F NO ❑ IF - YES ;, , a. DOES THE PROGRAM REQUIRE MATCHING FUNDS? YES F NO ❑ INDICATE PERCENTAGE REQUIRED: b. PROVIDE NAME OF AGENCY, PROGRAM(S) AND AMOUNT(S), YEAR AWARDED OR TO BE AWARDED, AND EXPIRATION DATE OFAWARD. SUPPORTING DOCUMENTATION MUST BE ATTACHED. AWARD EXPIR. AGENC PROGRAM(S) AMOUNT ) YEAR YEAR 3. HAS THIS PROJECT RECEIVED CDBG FUNDS FROM PALM BEACH COUNTY HCD IN THE LAST THREE (3) YEARS? YES ❑ NO F (IF "YES", PROVIDE THE NAME OF THE PROGRAM(S), [e.g., CDBG, HOME ESGP] , AMOUNT(S) AND YEAR(S) FUNDED. PROGRAM(S AMOUNT(S) YEAR (S) 4. OF THE TOTAL PROJECT COST, WHAT PERCENTAGE HAS BEEN, OR WILL BE FINANCED WITH CDBG FUNDS? INSERT PERCENTAGE DERIVED: CDBG FUNDING (divided by) TOTAL PROJECT COST = PERCENTAGE - (divided by) $ 71 of 643 B. ACTIVITY BUDGET: PLEASE COMPLETE THE FOLLOWING: 1. PLEASE INSERT THE TOTAL ACTIVITY COST FOR WHICH FUNDS ARE BEING REQUESTED .............................................. $ IF THE ACTIVITY INVOLVES ADMINISTRATIVE EXPENSES, INSERT THE AMOUNT ON THIS LINE ......................................................... PLEASE LISTTHE EXPENSES: 2. PLEASE ENTER THE TOTAL OF LINE #1 ON THIS LINE ......................... 3. PLEASE INSERT THE AMOUNT OF CDBG FUNDS REQUESTED FOR THE ACTIVITY.... $ 4. PLEASE ENTER THE TOTAL AMOUNT OF FUNDS OTHER THAN CDBG TO BE USED TO MATCH THE ACTIVITY COST ............ ............................... $ (SUBSECTION D BELOW MUST BE COMPLETED) 5. PLEASE ENTER THE SUM OF #3 AND #4 ON THIS LINE ........ ............. $ IF LINE #5 DOES NOT EQUAL LINE #2, PLEASE EXPLAIN: 6. PLEASE ITEMIZE THE ACTIVITY BUDGET: ATTACH ADDITIONAL SHEETS, IF NEEDED ITEMIZED ACTIVITY BUDGET ITEMIZED PROPOSED USE OF CDBG FUNDS 7. ARE CDBG FUNDS BEING REQUESTED FOR TRAVEL? YES F NO ❑ IF "YES" PLEASE EXPLAIN THE PURPOSE OF TRAVEL AND ESTIMATED MILEAGE: S. ARE CDBG FUNDS BEING REQUESTED FOR ATTENDANCE TO WORKSHOPS, CONFERENCES OR TRAINING? YES ❑ NO ❑ IF "YES", PLEASE EXPLAIN PURPOSES: 9- ARE CDBG FUNDS BEING REQUESTED TO RENTSPACE? YES ❑ NO ❑ 72 of 643 IF "YES", PLEASE DESCRIBE ACTIVITIES TO TAKE PLACE IN THE RENTED AREA, AND INCLUDE THE SQUARE FOOTAGE: 10. ARE CDBG FUNDS BEING REQUESTED FOR PAYMENT OF SALARIES? YES [71 NO ❑ IF "YES", PLEASE LIST POSITIONS AND EXPLAIN SALARY INCREASES FROM LAST YEAR, IF APPLICABLE: JOB DESCRIPTION(S) AND RESUMES MUST BE ATTACHED FOR EACH POSITION FOR WHICH FUNDS ARE BEING REQUESTED). DOES THE ACTIVITY AND /OR PROJECT FOR WHICH FUNDS ARE BEING REQUESTED DIRECTLY OR INDIRECTLY GENERATE, OR PROPOSETC) YES� NOF� GENERATE, PROGRAM INCOME AND /OR REVENUES? PLEASE LIST ALL PROGRAMS OR ACTIVITIES THAT GENERATE, OR WILL GENERATE, INCOME: AMOUNT OF INCOME PROGRAM /ACTIVI GENERATED ANNUAL a] $ b] $ D. MATCHING CONTRIBUTIONS ALL APPLICANTS ARE ENCOURAGED TO PROVIDE MATCHING FUNDS. MATCHING CONTRIBUTIONS WILL POSITIVELY IMPACT THE APPLICATION. MATCHING FUNDS MUST BE DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF THE ACTIVITY, PLEASE CHECK ONE OR MORE OF THE FOLLOWING ELIGIBLE MATCHING CONTRIBUTIONS: CASH CONTRIBUTIONS; OTHER FEDERAL, STATE OR LOCAL GRANTS OR PROGRAMS; PRIVATE LOANS; FUND-RAISING MONIES; VALUE OF LAND OR REAL PROPERTY; (PLEASE SPECIFY WHO OWNS THE LANE) OR REAL PROPERTY. IFTHE BUILDING IS OWNED BY THE APPLICANT, PLEASE EXPLAIN IF IT 15 INTENDED TO BE MORTGAGED): 73 of 643 VALUE OF IN-KIND CONTRIBUTION, INCLUDING DONATED MATERIAL OR BUILDING; AND VALUE OF LEASE ON A BUILDING (STAFF TIME EXCLUDED). 2. FOR VALUE OF LAND OR REAL PROPERTY, PLEASE EXPLAIN METHOD TO ESTABLISH FAIR MARKET VALUE: 3. PLEASE LIST IN DETAIL THE CONTRIBUTOR, THE TYPE OF CONTRIBUTION (e.g. GRANTS, LOANS, OWN SOURCE OF FUNDS), THE AVAILABILITY DATE AND THE AMOUNT OF ALL MATCHING CONTRIBUTIONS. EVIDENCE OF AVAILABILITY MUST BE ATTACHED. (SUPPORTING DOCUMENTATION MUST BE INCLUDED). CONTRIBUTOR TYPE AVAIL. DATE AMOUNT 1] $ 21 $ 31 $ 4] $ TOTAL: $ IF NO DATE IS PROVIDED, PLEASE EXPLAIN: 4. PLEASE INDICATE ACTIVITY'S MATCHING CONTRIBUTION PERCENTAGE: % 5. APPLICANTS MUST DESCRIBE ALL STEPS TAKEN TO SECURE OTHER FUNDING. PLEASE ATTACH AT LEAST ONE (1) LETTER DEMONSTRATING THAT YOU HAVE SOLICITED FUNDS FOR YOUR ACTIVITY OR PROJECT WITHIN THE LAST TWELVE (12) MONTHS FROM AGENCIES THAT ARE NOT SUB-RECIPIENTS OF THE CDBG PROGRAM; AND THE AGENCIES; RESPONSE. IF NO OTHER SOURCES HAVE BEEN SOUGHT, PLEASE EXPLAIN WHY: in 74 of 643 ACTIVITY IMPACT ALL DOCUMENTATION INCLUDED IN THIS SUBSECTION MUST INCLUDE RELIABLE SOURCES SUCH AS CENSUS INFORMATION, COMPREHENSIVE PLAN, CONSOLIDATED PLAN OR STUDIES PERFORMED. PLEASE ATTACH EXCERPTS FROM THE DOCUMENTS USED, A. JUSTIFICATION FOR FUNDING ACTIVITY NEEDS ASSESSMENT 1. PLEASE IDENTIFY AND DOCUMENT THE NEED(S) THAT WILL BE ADDRESSED BY THE ACTIVITY FOR WHICH FUNDS ARE BEING REQUESTED: 2. PLEASE EXPLAIN HOW THE ACTIVITY WILL SUCCESSFULLY ADDRESS THE NEEDS IDENTIFIED ABOVE. IN YOUR EXPLANATION, INCLUDE WHAT WOULD BE THE DEGREE AND EXTENT OF IMPACT OF THE PROPOSED ACTIVITY ON THE IDENTIFIED NEED: 3. FROM A FINANCIAL PERSPECTIVE, EXPLAIN AND JUSTIFY THE REASON WHYTHE CDBG FUNDS REQUESTED ARE NEEDED (i.e., FINANCING GAP): ACTIVITY BENEFIT PLEASE IDENTIFYTHE FOLLOWING: 1. TOTAL NUMBER OF PERSONS TO BENEFIT DIRECTLY FROM THIS ACTIVITY: 2. PERCENTAGE OF LOW -AND MODERATE- INCOME PERSONS TO BENEFIT: EXPLAIN HOW THIS PERCENTAGE WAS DERIVED: 11 75 of 643 FOR ACTIVITIES LOCATED WITHIN OUR MUNICIPALITY PROVIDING OR PROPOSING TO PROVIDE SOCIAL SERVICES, PLEASE INDICATE WHAT PERCENTAGE OF THE CLIENTS COME FROM THE MUNICIPALITY: Y. SPECIAL POPULATIONS TO BENEFIT DIRECTLY FROM THIS ACTIVITY. PLEASE CHECK AND PROVIDE ESTIMATED POPULATION: ESTIMATED CATEGORY POPULATION r - 1 HOMELESS ...................................................................................................... ❑ ELDERLY ......................................................................................................... ❑ PERSONS WITH DISABILITIES (PHYSICAL, MENTALOR DEVELOPMENTAL) .......................... ❑ PERSONS WITH ALCOHOL OR OTHER ADDICTIONS ................................................. ❑ PERSONS DIAGNOSED WITH AIDS AND RELATED DISEASES ...................................... ❑ PUBLIC HOUSING RESIDENTS .............................................................................. F CHILDREN AND TEENAGERS ............................................................................... ❑ VICTIMS OF DOMESTIC ASSAULT ......................................................................... 14 PLEASE DETERMINE THE AMOUNT OF FUNDS USED, PER PERSON, BY DIVIDING THE TOTAL FUNDS REQUESTED BY THE NUMBER OF PERSONS DIRECTLY BENEFITING: 2. JUSTIFY AND DOCUMENT THE REASONABLENESS OF COST FOR THE AMOUNT OF CDBG FUNDS REQUESTED PER UNIT OF MEASUREMENTAS INCLUDED IN THE ACTIVITY DESCRIPTION SECTION: 3. CONSIDERING THE COST OF THE ACTIVITY AND THE SERVICE IT WILL PROVIDE, HOW WILL YOU ENSURE THAT IT 15 OPERATED/CARRIED OUT EFFICIENTLY? 76 of 643 4. EXPLAIN HOW YOU DETERMINED THE AMOUNT OF FUNDS NEEDED FOR THE ACTIVITY (e.g. A SURVEY PERFORMED OR A CONTRACTORS ESTIMATE REQUESTED). INCLUDE ANY OTHER RELEVANT INFORMATION THAT WILL HELP EXPLAIN YOUR DETERMINATION OFTHE AMOUNT OF FUNDS NEEDED. Vi. ALL CDBG FUNDED ACTIVITIES MUST MEET ONE OF THE THREE NATIONAL OBJECTIVES. IDENTIFY THE NATIONAL OBJECTIVE TO BE MET BY THE ACTIVITY AND EXPLAIN HOW IT WILL BE MET. ( PLEASE READ SECTION VI OF THE INSTRUCTIONS TO DETERMINE WHAT OBJECTIVE YOUR ACTIVITY PROPOSED TO MEET: AND SECTION II OF THE APPLICATION TO RELATE THE PROPOSED ACTIVITY WITH APPLICABLE NATIONAL OBJECTIVES PLEASE INDICATE THE NATIONAL OBJECTIVE TO BE MEET: (CHECK ONLY ONE) A. TO BENEFIT LOW -AND MODERATE- INCOME PERSONS 1. IS THE ACTIVITY LOCATED IN A LOW- AND MODERATE - INCOME AREA? 4. DOES THE ACTIVITY PROVIDE SERVICES TO A LIMITED CLIENTELE? YES ❑ NO ❑ 5. DOES THE ACTIVITY PROVIDE HOUSING FOR LOW/MODERATE- INCOME PERSONS? YES ❑ NO ❑ 6. DOES ACTIVITY CREATE OR RETAIN PERMANENT JOBS WHERE AT LEAST 51% OF THE JOBS, COMPUTED ON A FULL -TIME EQUIVALENT BASIS, INVOLVE THE EMPLOYMENT OF LOW/MODERATE INCOME PERSONS? YES ❑ NO ❑ 2. 3. YES ❑ NO ❑ DOES THE ACTIVITY PROVIDE SERVICES TO ALL RESIDENTS OF THE AREA? YES ❑ NO ❑ DOES THE ACTIVITY PROVIDE SERVICES TO PRIVATE GROUPS? YES ❑ NO ❑ (IF ` A YES ", PLEASE LIST GROUPS): B. TO AID IN THE PREVENTION OF ELIMINATION OF SLUM AND BLIGHT. ❑ 1. HAS AREA BEEN DESIGNATED `SLUM AND BLIGHT" BYTHE STATE OR COUNTY? YES ❑ NO ❑ 2. WILL THIS ACTIVITY ADDRESS SLUM AND BLIGHT ON A SPOT BASIS? YES ❑ NO ❑ 13 77 of 643 C. TO MEET A COMMUNITY DEVELOPMENT NEED OF PARTICULAR URGENCY. ❑ 1. EXPLAIN HOW YOUR ACTIVITY MEETS THE DEFINITION PROVIDED IN THE INSTRUCTIONS SECTION: VII. LEGAL STATUS AND CONSISTENCY WITH LOCAL GOVERNMENTAL PLANS THE FOLLOW ING DOCUMENTATION MUST BE SUBMITTED W ITH THE APPLICATION AS IT APPLIES TO YOUR AGENCY PLEASE IDENTI FY THE TYPE OF AGENCY REQUESTING FUNDING. A. OTHER AGENCIES OR ORGANIZATIONS SPECIFY: NON- PROFIT ORGANIZATION COMMUNITY DEVELOPMENT BASED ORGANIZATION (SEE GLOSSARY OF TERMS) SMALL BUSINESS INVESTMENT COMPANY (SEE GLOSSARY OF TERMS) LOCAL DEVELOPMENT CORPORATION (SEE GLOSSARY OF TERMS) OTHER; EXPLAIN: DOCUMENTATION REQUIRED 1. PROOF OF 501(C) TAX EXEMPT STATUS FOR NON - PROFIT AGENCIES. 2. ARTICLES OF INCORPORATION. 3. BY -LAWS. 4. OCCUPATIONAL LICENSE AND/OR FICTITIOUS NAME REGISTRATION. 5. LETTER OF SUPPORT FORM OTHER AGENCIES (OPTIONAL). 6. AUDIT AND /OR AUDITED FINANCIAL STATEMENT FROM LASTYEAR OF OPERATION. 7. DOCUMENTATION SHOWING PAST PERFORMANCE ON ANY LOCAL, STATE OR FEDERAL FUNDING PROGRAM. LIST THE OBJECTIVES AND PERCENTAGE OF OBJECTIVES ATTAINED. 8. COPY OF LICENSE(S) TO OPERATE. 1^ 78 of 643 VIII. PLEASE CHECK WHICH DOCUMENTS HAVE BEEN INCLUDED WITH THE APPLICATION. IF NOT APPLICABLE TO YOUR REQUEST, WRITE N/A. ATTACHED DOCUMENT ATTACHMENT# 1. APPRAISAL REPORT; (ONLY FOR ACTIVITIES THAT INVOLVE ACQUISITION OF REAL PROPERTY). 2. EVIDENCE OF SITE CONTROL (e.g., SALES CONTRACT, DEED, ETC.). 3. LETTER OF COMPLIANCE WITH ZONING AND LAND USE DESIGNATIONS. 4. PROJECT COST PRO FORMA AND OPERATIONAL PRO FORMA (RENTAL PROJECTS). S. ORGANIZATIONAL CHART, WITH A LIST OF CURRENT POSITIONS AND SALARIES (ALL PRIVATE AGENCIES REQUESTING FUNDS). 6. EVIDENCE OFAVAILABILITY OF FUNDSTO COVER PROGRAM COSTS. 7. COPY OF LICENSE(S) NEEDED TO OPERATE. 8. STREET MAP SHOWING LOCATION OF ACTIVITY. 9. PLAT MAP (SHOWING BLOCK AND LOT NUMBERS) IDENTIFYING LOCATION OF THE ACTIVITY. 10. LETTER CERTIFYING COMMITMENT TO THE MAINTENANCE AND OPERATION OF THE PROPOSED ACTIVITY. 11. ITEMIZED PROJECT BUDGET. 12. ITEMIZED ACTIVITY BUDGET. 13. JOB DESCRIPTION(S). 14. EVIDENCE OF MATCHING CONTRIBUTION. 15. LETTER DEMONSTRATING THAT OTHER SOURCES OF FUNDING HAVE BEEN SOUGHT WITHIN THE LASTTWELVE (12` MONTHS. 16. RESPONSE TO FUNDING REQUESTS MENTIONED IN #15 (ABOVE). 17. COPY OF SUPPORTING ACTIVITY IMPACT INFORMATION. im 79 of 643 ATTACHED DOCUMENT ATTACHMENT# 18. COPY OF MINUTES OF MEETING OF GOVERNING BODY, AUTHORIZING SUBMITTAL OF APPLICATION(S), IF APPLICABLE. 19. PROOF OF 501(c) TAX EXEMPT STATUS FOR NONPROFIT AGENCIES. 20. ARTICLES OF INCORPORATION UNDER STATE OR LOCAL LAW- . .... . . . ............. .. 21. BY-LAWS. 22. OCCUPATIONAL LICENSE AND /OR FICTITIOUS NAME REGISTRATION. 23. LETTER OF SUPPORT FROM OTHER AGENCIES (OPTIONAL). 24. AUDIT REPORT AND /OR AUDITED FINANCIAL STATEMENT FROM LAST YEAR OF OPERATION. 25. DOCUMENTATION SHOWING PAST PERFORMANCE ON ANY LOCAL, STATE OR FEDERAL FUNDING PROGRAMS. OTHER NOT LISTED ABOVE 16 80 of 643 IX. GLOSSARY OF TERMS SOME OF THE DEFINITIONS CONTAINED IN THIS SECTION REPRESENT A SUMMARY OF THE DEFINITIONS PROVIDED IN THE REGULATIONS. PLEASE CONTACT THE DIVISION OF COMMUNITY REDEVELOPMENT IF FURTHER CLARIFICATION 15 NEEDED. Activity An action for which funds are being requested Affordable Housing A dwelling unit is considered to be affordable when a household spends no more than thirty percent (30%) of its gross income on housing costs. Rental housing costs include contract rent and utilities. Owner - occupied housing costs include mortgage principal and interest, property taxes, insurance and where applicable, homeowner's association fees. Code Enforcement Areas (CEAs) Areas in need of housing support activities but which already contain adequate or sufficient infrastructure to support the area's housing needs. Consolidated Plan Document required by HUD to receive federal funds. It consolidates the planning and application process of HUD - assisted programs. The City of Boynton Beach Consolidated Plan describes current estimates of the housing and non- housing assistance needs of its very -low, low and moderate - income families, including special populations; and assesses the availability of assisted and unassisted housing and other resources for addressing these needs. The Consolidated Plan addresses a strategy for meeting housing and non - housing needs for over a five (5) year period. Elderly A person who is at least sixty -two (62) years of age Extremely Low - Income Family Family whose income is between 0 and 30 percent (0— 30%) of the median income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceiling higher of lower than 30 percent of the median for the area on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents or unusually high or low family incomes. Historic Preservation CDBG funds may be used for the rehabilitation, preservation or restoration of historic properties, whether publicly or privately owned. Historic properties are those sites or structures that are either listed in or eligible to be listed in the National Register of Historic Places, listed in a state or local inventory of historic places, or designated as a state or local landmark or historic district by appropriate law or ordinance. Historic preservation, however, is not authorized for buildings for the general conduct of government. HUD Income Limits Income limits which are listed by dollar amount and family size based on HUD estimates of median family income for every fiscal year. Adjustments are made in the income limits for smaller and larger families by using the "four- person' family as a base. (See Appendix 1). HUD National Objectives Three (3) objectives established by HUD for the CDBG Program: to benefit low- and moderate - income (L/M) persons; to aid in the prevention or elimination of slum or blight; and to address an urgent community development need. Interlocal Participation Agreement An agreement between and Urban County and municipalities that elect to participate in the CDBG Program. Local Development Corporation A local development corporation is: (i) an entity organized pursuant to Title VII or the Headstart, Economic Opportunity, and Community Partnership Act of 1974 (42 U.S.C. 2981) or the Community 17 81 of 643 Economic Development Act of 1981 (42 U.S.C. 9801 et seq.); (ii) an entity eligible for assistance under Section 502 or 503 of the Small Business Investment Act of 1958 (15 U.S.C. 696); (iii) other entities incorporated under state off local law whose membership is representative of the area of operation of the entity (including nonresident owners of businesses in the area) and which are similar in purpose, function, and scope to those specified in paragraph (3) (i) or (ii) of this section; or (iv) a state development entity eligible for assistance under Section 501 or the Small Business Investment Act of 1958 (15 U.S.C. 695). Low - Income Families Low - income families whose incomes do not exceed fifty percent (50 %) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50 %) of the median for the area on the basis of HUD's findings that variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (This term corresponds to low- income households in the CDBG Program). Microenterprise A business that has five (5) or fewer employees; one or more of who owns the enterprise Microenterprise Assistance Provision of assistance either through The City of Boynton Beach directly or through public and private organizations, agencies and other sub - recipients (including non- profit and for - profit sub - recipients) to facilitate economic development by: a] providing credit for the establishment, stabilization, and expansion of microenterprises; b] providing technical assistance, advice and business support services to owners of microenterprises; and c] providing general support (e.g., counseling, transportation) to owners of microenterprises and persons developing microenterprises. Microenterprises Developers Such persons who have expressed interest and who are, or after an initial screening process are expected to be, actively working toward developing a business; each of which is expected to be a microenterprise at the time it is formed. Moderate - Income Families Families whose incomes do not exceed eighty percent (80 %) of the median income for the area as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80 %) of the median for the area on the basis of HUD's findings that variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (This term corresponds to low- income households in the CDBG Program). Neighborhood Strategy Areas (NSA's): A defined geographical area wherein concentrated and mutually support CDBG infrastructure and housing activities are undertaken so that a comprehensive impact of housing and development needs could be realized in a relatively short period of time. Plannin : Planning activities which consist of data - gathering studies, analysis and preparation of plans, and the identification of actions that will implement such plans. Pockets of Poverty Those areas recognized as containing an undue concentration of persons living in poverty (poverty -level populations); of which, not less than seventy percent (70 %) of the residents are categorized as meeting the U. S. Department of Housing and Urban Development's (HUD) low- and moderate - income standards. Program Income Gross income received by the recipient or a sub - recipient directly generated from the use of CDBG funds, with some exceptions. Proiect An activity or a group of integrally - related activities designed by the grant recipient to accomplish, in whole or in part, a specific goal. 18 82 of 643 Public Services Provision of public services (including labor, supplies and materials) which are directed toward improving the community's public services and facilities, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare or recreational needs. Public Facilities and Improvements Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements carried out by The City of Boynton Beach or other public or private non - profit entities. Facilities designed for use in providing shelter for persons having special needs are considered public facilities and not subject to the prohibition of new housing construction described in Section 570.207(b)(3). Such facilities include shelters for the homeless, convalescent homes, hospitals, nursing homes, battered spouse shelters, halfway houses for runaway children, drug offenders or parolees, group homes for mentally retarded persons and temporary housing for disaster victims. Removal of Architectural Barriers Special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned buildings, facilities and improvements. Small Business Investment Companies (Section 301(d A Section 301(4) Small Business Investment Company is an entity organized pursuant to Section 301(d) of the Small Business Investment Act of 1958 (15 U.S.C. 681(d)), including those which are profit making. Special Activities by Community Based Development Organizations (CBDO's) A CDBO is an organization which has the following characteristics: 1] is an association or corporation organized under state or local law to engage in community development activities; 2] has as its primary purpose, the improvement of its geographic area of operation, with particular attention to the needs of low- and moderate - income persons; 3] may be either non - profit or for - profit, provided any monetary profits to its shareholders or members must be only incidental to its operations; 4] maintains at least fifty -one percent (51%) of its governing body's membership for low /moderate- income residents of its geographic area of operation, owners or senior officers of private establishments and other institutions located in and serving its geographic area of operation or representatives of low /moderate- income neighborhood organizations located in its geographic area of operation; 5] is not an agency or instrumentality of the City of Boynton Beach and does not permit more 1/3 of the membership of its governing body to be appointed by, or to consist of, elected or other public officials or employees or officials of an ineligible entity; 6] requires the members of its governing body to be nominated and approved by the general membership of the organization, or by its permanent governing body; 71 is not subject to requirements under which its assets revert to the recipient upon dissolution; and 81 is free to contract for goods and services from vendors of its own choosing. The definition also includes entities organized pursuant to Section 302(d) of the Small Business Act of 1958; Small Business Administration (SBA) approved Section 501 State Development Company or Section 502 Local Development Company, or a SBA Certified Section 503 Company under the Small Business Investment Act of 1958, as amended. It also includes Community Housing Development Organizations (CHCOs) certified under the HOME Program, provided certain conditions are met. Special Economic Development Activities CDBG funds may be used for special economic development activities in addition to other activities authorized under Subpart C of 24 CFR Part 570, which may be carried out as part of an economic development project. Activities must meet the guidelines as set forth in Section 570.209 of the Regulations. Special activities authorized under this section do not include assistance for the construction of new housing. Special economic development activities include: a] the acquisition, construction, reconstruction, rehabilitation or installation of commercial or industrial buildings, structures and other real property equipment and improvements, including railroad spurs or similar extensions. Such activities may be carried out by the City of Boynton Beach or public or private non - profit sub - recipients; and b] the provision of assistance to a private- for - profit business, including but not limited to, grants loans, loan guarantees, interest supplements, technical assistance and 19 83 of 643 other forms of support for any activity where the assistance is necessary or appropriate to carry out an economic development project, excluding those described as ineligible in 24 CFR 570.207(a). This definition also includes economic development services in connection with activities eligible under this section, including but not limited to, outreach efforts to market available forms of assistance, screening of applicants, reviewing and underwriting applications for assistance and preparation of all necessary agreements, etc. Target Areas Geographic areas wherein housing support activities and /or concentrated and mutually supportive capital improvements and housing activities can be undertaken, so that a comprehensive impact on housing and community development needs can be realized in a relatively short period of time. Urban County Any county within a metropolitan area that has a population of 200,000 or more (excluding the population of metropolitan cities therein) and has a combined population if 100,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government. X. SUMMARY OF ELIGIBLE ACTIVITIES AND NATIONAL OBJECTIVE MATRIX L/M = Low /Moderate LMJ = L/M Jobs SBS = S/B Spot LMA = L/M Area S/B = Slum /Blight URG = Urgent Need LMC = L/M Limited Clientele SBA = S/B Area N = Not Allowed LMH = L/M Housing SBR = S/B Urban Renewal ° = Does Not Apply NATIONAL OBJECTIVE ACTIVITY LABEL ACQUISITION OF REAL PROPERTY DISPOSITION PUBLIC FACILITIES /IMPROVEMENTS (GENERAL) SENIOR CENTERS HANDICAPPED CENTERS HOMELESS FACILITIES YOUTH CENTERS NEIGHBORHOOD FACILITIES PARKS; RECREATIONS FACILITIES SOLID WASTE DISPOSAL IMPROVEMENTS FLOOD DRAIN IMPROVEMENTS WATER IMPROVEMENTS STREET IMPROVEMENTS SIDEWALKS CHILD CARE CENTERS TREE PLANTING SEWER IMPROVEMENTS HEALTH FACILITIES ABUSED /NEGLECTED CHILDREN FACILITIES ASBESTOS REMOVAL FACILITIES FOR AIDS PATIENTS REMOVAL OF ARCHITECTURAL BARRIERS CLEARANCE AND DEMOLITION CLEANUP OF CONTAMINATED SITES PUBLIC SERVICES (GENERAL) SENIOR SERVICES LMA LMC LMH LMJ SBA SBR SBS URG N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 20 84 of 643 HANDICAPPED SERVICES HOMELESS SERVICES YOUTH SERVICES TRANSPORTATION SERVICES SUBSTANCE ABUSE SERVICES BATTERED AND ABUSED SPOUSES EMPLOYMENT TRAINING CRIME AWARENESS FAIR HOUSING ACTIVITIES ( IF SUBIECTTO 15% CAP) ACTIVITY LABEL TENANTAND LANDLORD COUNSELING CHILD CARE SERVICES HEALTH SERVICES ABUSED AND NEGLECTED CHILDREN AIDS PATIENTS SCREENING FOR LEAD -BASED PAINT/ LEAD HAZARDS POISONING INTERIM ASSISTANCE URBAN RENEWAL COMPLETION RELOCATION LOSS OF RENTAL INCOME HOUSING SERVICES (NAHA) PRIVATELY -OWNED UTILITIES CONSTRUCTION OF HOUSING MICROENTERPRISE ASSISTANCE REHABILITATION SINGLE -UNIT RESIDENTIAL MULTI -UNIT RESIDENTIAL PUBLIC HOUSING MODERNIZATION OTHER PUBLICLY OWNED RESIDENTIAL BUILDINGS PUBLICLY OR PRIVATELY OWNED COM MERCIAL/IN DUSTRIAL ENERGY EFFICIENCY IMPROVEMENTS ACQUISITION FOR REHABILITATION REHABILITATION ADMINISTRATION LEAD -BASED PAINT HAZARDS TEST /ABATE CODE ENFORCEMENT HISTORIC PRESERVATION RESIDENTIAL PRESERVATION NON- RESIDENTIAL PRESERVATION RENOVATION OF CLOSED BUILDINGS SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES ACTIVITIES BY CDBO'S FOR OTHERWISE INELIGIBLE ACTIVITIES HOUSING, NEW CONSTRUCTION SUBSISTENCE PAYMENTS HOMEOWNERSHIP ASSISTANCE RENTAL HOUSING SUBSIDIES OTHER, OTHERWISE INELIGIBLE ACTIVITIES 21 85 of 643 N N N N N N N N EN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N LIMA LMC LMH LMJ SBA SBR SIBS URG N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 21 85 of 643 XI. PRELIMINARY EVALUATION CRITERIA THIS SECTION HAS BEEN INCLUDED IN THE APPLICATION PACKAGE FOR YOUR INFORMATION ONLY. A Preliminary Evaluation Form will be used by the City of Boynton Beach to evaluate the activities. This preliminary evaluation is the first stage of a two page process involving, 1] preparation of the Preliminary Evaluation Criteria Form; and 2] preparation of a comparative analysis. A summary of the points to be awarded under the Preliminary Evaluation, and a description of the categories is provided below: A. SUMMARY OF CATEGORIES Categories Points 1. Benefit to Low /Moderate Income Persons (National Objective Preference) +5 2. Benefit to Target Areas +10 3. Activity Need /justification a) Need +15 b) Consolidated Plan Priority +5 4. Cost Reasonableness and Effectiveness +10 5. Activity Management and Implementation +20 6. Experience and Past Performance a) Experience (N /A to Municipalities) +20 b) Past Performance +10 7. Matching Contributions +20 8. Self Sufficiency(N /Ato Municipalities) +5 9. Application Completeness +5 Maximum Possible Points 115 El 1. Benefit to Low /Moderate - Income Persons (+ 5 Points) (National Objectives Preference) Five (5) points will be given to activities that benefit at least 51% low- and moderate - income persons. Zero (0) points will be given to activities that meet either of the other two National Objectives. 2. Benefit to Target Areas (Maximum Points: 10) 22 86 of 643 3. Activity Need and Justification (Maximum Combined Points: 20) Need: (Maximum Points: 15) The activity will be evaluated in terms of the documentation and justification of the need for the activity. Activities with excellent documentation and justification will be awarded the maximum of 15 points: good = 10 points; average = 5 points; and poor = 0 points. b. Consolidated Plan Priority (Maximum Additional Points: 5) Activities addressing high priorities, as identified in the Consolidated Plan will be awarded 5 points. Cost Reasonableness and Effectiveness (Maximum Points: 10) Up to a maximum of 10 points will be awarded to applicants. The activity will be evaluated in terms of: 1] its impact on the identified need; and 2] its implementation costs and funding request relative to the financial and human resources. Evaluation will include the cost incurred per person or per unit and the justification for a particular level of funding. S. Activity Management and Implementation (Maximum Points 20) Up to a maximum of 20 points will be awarded to applicants based on documentation and information provided, showing that the resources needed to implement the proposed activity are available and ready, and that the commitment for operation and maintenance, where applicable, has been certified. This criterion takes into consideration factors that may accelerate or slow down the ability to implement the activity in a timely manner. In addition, for applicants that have received CDBG funds in the past, their record of maintenance for the funded activity will be evaluated. 6. Experience and Past Performance (Maximum Points: 20) a) Experience (N /A to Municipalities (Maximum Points 10) The experience of the applicant, including the length of time in business and experience in undertaking projects of similar complexity as the one for which funds are being requested will be evaluated. Past Performance (Maximum Points: 10) The applicant will be evaluated in terms of its past performance in relation to any local, state or federal funding program. The past performance will refer to attainment of objectives (70% threshold for individual or aggregated contracts) in a timely manner and expenditure of funds a reasonable rate in compliance with contract. Compliance with the contract will include but not be limited to submission of reports and adherence to the scope of services. Applicants with good performance will receive 10 points; average performance, 5 points; and poor performance, 0 points. For those applicants that have not received CDBG funding from the City of Boynton Beach in the past, allocation of points up to the maximum of 10 points will be 23 87 of 643 awarded, dependant upon thorough documentation of similar past performance submitted with the application. Matching Contribution (Maximum Points: 20) Maximum points of 20 will be give to applicants that match the amount of CDBG funds requested on a "1" (local) to "1" (CDBG) basis. Fifteen points will be given to applicants that match the amount of CDBG funds requested on a ".75 to 1." (CDBG) basis. Ten points will be given to applicants that match the amount of CDBG funds requested on a ".50 to 1:' (CDBG) basis. Five (5) points will be given to applicants that match the amount of CDBG funds requested on a ".25 or under (local) to 1." (CDBG) basis. Zero (0) points will be given to applicants that do not provide a matching contribution. Points will be adjusted, based on the actual matching percentage: 1 or above .......................................... .............................20 points .75-1 ................................................. .............................15 points . 50- 1 ................................................. .............................10 points . 25- 1 .................................................. ..............................5 points less than . 25 ........................................ ..............................0 points Matching contributions must be eligible S. Self Sufficiency (N /A to Municipalities (S Points) Maximum of five (5) points will be given for ability to be self sufficient to maximize the use of CDBG funds. Where a sub - recipient has been funded by the City of Boynton Beach previously, the cumulative CDBG funding to the agency will be assessed against its present ability to fund itself. CDBG regulations require that the City ensures that CDBG funds are used where they are most needed. 9. Application Completeness (Maximum Points: 5) Applications will receive "0" to the maximum of "5" points, based on completeness. Applications that have not been signed by the appropriate person will not be considered. 24 88 of 643 APPENDIX 1 INCOME LIMITS Source: HUD Income Limits (subject to change annually) Fiscal Year 2013 Palm Beach County Median Income = $64,600 89 of 643 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Extremely Low - Income 30% $14,450 $16,500 $18,550 $20,600 $22,250 $23,900 $25,550 $27,200 Median Very Low - Income $24,050 $27,500 $30,950 $34,350 $37,100 $39,850 $42,600 $45,350 50% Median Low - Income $38,550 $44,050 $49,550 $55,050 $59,500 $63,90D $68,300 $72,700 80% Median Moderate Income $57,720 $66,000 $74,280 $82,440 $89,040 $95,640 $102,240 $108,840 120% Median Source: HUD Income Limits (subject to change annually) Fiscal Year 2013 Palm Beach County Median Income = $64,600 89 of 643 APPENDIX 2 INSTRUCTIONS FOR CDBG APPLICATION (READ ALL INSTRUCTIONS BEFORE COMPLETING APPLICATION FORM) These instructions are keyed to the numbered sections of the application form. Separate applications to include one (1) hard copy original and one (1) electronic copy for each activity must be submitted by delivery or received by mail no later than 5:30 p.m., MAY 6 th , 2013, to the Community Improvement Division at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, 33435. Applications that do not meet the established deadline will not be considered. All blanks must be completed. Any missing or incorrect information will negatively impact your application. Use "N /A" where response is not applicable. Attach additional sheets if necessary, and identify the Section addressed. Submission of the application is final Funding period for which application is being considered: October 2013 — September 2014 PLEASE CALL [5611742.6066 IF YOU NEED ASSISTANCE IN COMPLETING THE APPLICATION. SECTION I — APPLICANT INFORMATION Legal name of applicant, name of primary organizational unit that will undertake the activity, complete address of the applicant and name and telephone and fax numbers of the person to contact on matters related to this application. The appropriate person must sign application as follows: • Agencies ............................... ............................... by Chairperson, Board of Directors • Other .................................... ............................... by President Unsigned applications will not be considered. SECTION II — ACTIVITY AND PROJECT INFORMATION If the activity is part of an overall project (for example, land acquisition to develop a park), describe in detail the project (park) and how the activity (land acquisition) relates to the project. A. ACTIVITY TYPE AND TITLE Check appropriate category for which funds are requested per activity. Refer to Section IX of the application for Glossary of Terms. The Glossary follows HUD regulation. A copy of sections of the regulations is available upon request. B. INTERRELATED ACTIVITIES An application must be submitted per activity. If the activities are interrelated, both applications should contain information on the interrelated activity. 26 90 of 643 C. ACTIVITY DESCRIPTION 1. Activity Description Use the unit measurements listed below to indicate your objectives. If the unit of measurement is not provided, please indicate what unit of measurement is being used. Type of Unit Unit of Measurement Economic Development............ Number ofjobs to be created or retained. Fire Hydrants ..................... Number of fire hydrants. Fire Protection .................... Number of building units or number of pieces of equipment. Flood and Drain ................... Linear feet of drain line or square feet of site. Handicapped Facilities ............. Number of handicapped facilities. Other Utility Facilities .............. Linear feet of line or pipe. Other Utility Hook - ups .............. Number of housing units. Parking Facility ................... Square feet of site; number of parking spaces. Parks, Playgrounds and Neighborhood Centers............ Numberof building units and /or list of improvements. Pedestrian Malls /Walkways......... Square feet of mall or walkway. Public Service Activities............ Number of pieces of equipment; or number of persons or households per day, unduplicated total to be served. Removal /Architectural Barriers....... Number of barriers. Salaries ......................... Number of employees. Senior Centers ................... Number of building units and square feet. Sewer Facilities ................... Linear feet of sewer line. Sewer Hook- up ................... Number of housing units. Site Development ................. Square feet of site or number of housing units. Solid Waste Disposal .............. Square feet of site or number of pieces of equipment. Street Improvement ............... Linear feet of street. Utility Hook- up .................... Number of housing units. Water Facilities ................... Linear feet of water line or water tank. Water Hook- up .................... Number of housing units. Demolition ....................... Number of structures. Clearance ....................... Square feet ofsite. Historic Preservation ............... Number ofstructures. Payment for Loss of Rents.......... Number of rental units. Permanent Relocation ............. Number of persons or businesses. Temporary Relocation ............. Number of persons or businesses. Planning ........................ Number of documents, maps, etc. to be prepared. 2. Activity Sgecific Information Self - explanatory , s r � '. 27 91 of 643 A. ACTIVITY IMPLEMENTATION Under this subsection, identify the position of the person (s) that will implement the activity. Identify whether this position(s) is permanent, temporary, full -time or part - time. Describe the salaries and /or programs that are already in place to implement the activity. If the policies and /or programs need to be developed or additional personnel is needed, please provide a time frame and explain how the agency plans to cover the costs. Evidence of availability of funds must be attached. A work plan indicating tasks to be undertaken must be included in Subsection 2. B. ACTIVITY LOCATION Applicants requesting funds for construction, acquisition, improvements or demolition please provide the information for such activities. C. MAINTENANCE /OPERATION COMMITMENT Self - explanatory. SECTION IV— PROJECT AND ACTIVITY BUDGET A. PROJECT BUDGET If the activity is part of an overall project, include both the activity and the project budget; for example, if you are proposing to acquire land to develop a park, include a budget for the part development (project) and a budget for the acquisition of land (activity). B. ACTIVITY BUDGET The activity budget should include an itemized proposed use of CDBG funds. C. PROGRAM INCOME /REVENUE SOURCES Provide the estimated program income (see Glossary of Terms for definitions) and /or revenues on an annual basis. D. MATCHING CONTRIBUTIONS Matching funds must be directly associated with the development of the activity. SECTION V— ACTIVITY IMPACT A. JUSTIFICATION FOR FUNDING ACTIVITY Information provided under this subsection should be directed: 11 to document the seriousness, urgency and magnitude of the problem that the application is addressing; 2] to identify the need; and 3] explain how the activity will address the problem. B. ACTIVITY BENEFIT In this section, please provide only the number of persons directly benefiting from the activity. In addition, estimate the number of special populations benefiting from the activity. Activities located within a municipality providing or proposing to provide social services need to indicate what percentage of the clients come from the municipality. C. ACTIVITY COST EFFECTIVENESS AND REASONABLENESS OF COST This information provided is to assist in determining the reasonableness of cost per person served and the number of people that would be served based on cost. 28 92 of 643 SECTION VI — CDBG NATIONAL OBJECTIVE REQUIREMENTS An applicant shall demonstrate that the activity(s) proposed in the application meets at least one (1) of the CDBG National Objectives. The following summarized criteria shall be used to determine whether the proposed activity complies with a National Objective. (A copy of the regulations on this requirement IS available upon request). In addition, Section X of the Application provides a Matrix that relates activities to applicable National Objectives, 1. Activities Benefiting Low- and Moderate- Income Persons a. Area Benefit Activities An activity which benefits a limited clientele, at least 51% of the residents are low- and moderate - income persons. b. Limited Clientele Activities An activity which benefits a limited clientele, at least 51% of whom are low- and moderate - income persons. Abused children, elderly persons, battered spouses, handicapped persons, homeless persons, illiterate persons, and migrant farm workers, are presumed to be low /moderate- income persons per HUD regulations. For all other groups, the low /mod classification needs to be established. C. Housing Activities An eligible activity carried out for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate - income households. If the structure contains two (2) dwelling units, at least one (1) must be so occupied: and if the structure contains more than two dwelling units, at least 51% of the units must be so occupied. d. Job Creation or Retention Activities An activity designed to create or retain permanent jobs where at least 51% of the units must be so occupied. 2. Activities Which Aid in the Prevention of Slum or Blight a. Activities to Address Slum or Blight on an Area Basis Activities carried out in a designated slum, blighted or deteriorated area. Area must have been designated as such by the County or State. b. Activities to Address Slum or Blight on a Snot Basis Activities designed to eliminate specific conditions of blight or physical decay on a spot basis not located in a designated slum or blighted area. 3. Activities Designed to Meet Community Development Needs Having a Particular Urgency Activities designed to alleviate existing conditions posing a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, and for which other financial resources are not available. A condition will generally be considered to be of recent origin if it developed or became critical within the last eighteen (18) months. SECTION VII — APPLICANTS' LEGAL STATUS AND CONSISTENCY WITH LOCAL GOVERNMENTAL PLANS Self explanatory. 29 93 of 643 APPENDIX 3 HUD's Housing & Community Development Activities & Goals Source: City Of Boynton Beach Five Year Consolidated /One Year Action Plan. 30 94 of 643 a F a 95 of 643 96 of 643 97 of 643 6.D CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R13 -048 - Amending five (5) existing fees and creating twelve (12) new fees under the Building Division fee schedule for building and construction related activities in the City of Boynton Beach, changes to become effective immediately. EXPLANATION OF REQUEST: Staff is proposing five (5) revisions /fee increases and twelve (12) new fees to the current Building Division fee schedule. The last update of Building Division permit fees was approved by City Commission through Resolution R -09 -178 on December 1, 2009. The changes proposed by staff include: • Headings added to group fees for clarification purposes. • Notes /explanations added for clarification and instructional purposes. • Fees that are charged by state mandate, state statue, City Ordinance collected at time of permit, and the City of Boynton Beach Administrative Amendments to the 2010 Florida Building Code; have been added to fee schedule for clarification and disclosure purposes. • Fee increases for cost recovery purposes. • New fees being proposed to cover costs of existing business functions that are currently not on the Building Division fee schedule. New fees are being proposed for cost recovery purposes. 98 of 643 ■ Garage sale permit fee is being removed from Building Division fee schedule as part of a retooling and process change for garage sale permits. The proposed changes will partially fulfill two (2) objectives outlined in the Economic Development Initiatives & Implementation Plan adopted by the City Commission on October 18th, 2011. Objective #16 - Adopt operational goals /objectives to guide all in furthering the economic initiatives. Objective #17 - Review processes for improvements. The format change, addition of notes, instructions, and listing of fees collected through the Building Division permit process will help provide an improved delivery of the necessary information for the calculation of fees collected at time of building permit issuance. Additionally, the change will be more intuitive and user - friendly for developers, property owners, and design professionals when planning to make building and site improvements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed Building Division fee schedule changes will provide a greater range of services requested by contractors and other development professionals and will be more intuitive and user - friendly. FISCAL IMPACT: Greater cost recovery for actual services provided. Staff estimates the implementation of these proposed changes will result in increased revenue of approximately $73,936.50 per year which will be allocated to the services for which they are collected. ALTERNATIVES: Do not alter the current fee schedule. 99 of 643 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING EXISTING FEES AND CREATING TWELVE (12) NEW FEES FOR BUILDING AND CONSTRUCTION RELATED ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission last approved an update to the Building Division permit fees on December 1, 2009 via Resolution R09 -178; and WHEREAS, the changes proposed by staff will include but are not limited to fee increases for cost recovery purposes, fees proposed to cover the costs of existing business functions that are currently not on the Building Division fee schedule and removal of garage sale permit fee as part of a retooling and process change for garage sale permits; and WHEREAS, the City Commission for the City of Boynton Beach finds that the adoption of these amendments to the Building Division fee schedule is necessary and is in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1 . The above referenced whereas clauses are incorporated herein by reference. Section 2 . The Building Division Fees attached hereto as Exhibit "A ", incorporated herein by reference, are hereby adopted as the fee schedule for those related activities as indicated on the Fee Schedule. A cope of the Fee Schedule shall be maintained and made available for public inspection in the City Cleric's office as well as the Planning and Zoning Department. Section 3 . This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this day of Tune, 2013. 100 of 643 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) 101 of 643 BUILDING DIVISION FEES (Resolution #13 -XXX, Adopted XX /XX /13) (A) Plan Review Fee: The plan review fee will be credited against the actual cost of the building permit at the time of permit issuance. If a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non- refundable). (1) Minimum fee; or ......................... ............................... ..........................$409 75.00 (+ 30 of then mif fee wh:rheyer is eater 1.0% of the construction value, whichever is greater ...................... ............................1.0 % (B) Construction Permit Fee: (All types) (1) Minimum fee; or ........................... ............................... ..........................$46.00 75.00 (2) 2.3% of the proposed construction value, whichever is greater .... ............................2.3 % (C) Resubmittal Fee: (Paid at time of resubmittal) (1) First Resubmittal....................................................... .............................No Charge Second re- submittal (Resection for same comments) W Minimum fee; or ................................. ............................... .........................$50.00 (ii) 10% of original permit fee, whichever is greater................... ...........................10.0 % Third re- submittal and subsequent re- submittal (Resection for same comments) (i) Four times the original permit fee (Charged per 553.80 Florida Statue) ........................ 4X (D) Revision Fee: (1) Minimum fee; or .......................... ............................... ..........................$3000 (2) $10.00 per page; or ................................ ............................... .........................$10.00 (3) 2.3% of revision value, whichever is greater............................ ............................2.3 % (E) Stocking Permit Fee: ........................................................................................... $200.00 in Garage Sale Pe mn+ Fee: �nn� ° of two per y .......................$6 00 p ear .............................. Certificate of Use Fee: (1) Minimum fee; plus.................................. ............................... .........................$75.00 (2) $30.00 any additional required inspection .. ............................... .........................$30.00 Department of Community of Affairs (DCA) Fee: (1) Minimum fee; or ...................................... ............................... ..........................$2.00 (2) 1.5% of the permit fee costs; whichever is greater ...................... ............................1.5 % Department Business and Professional Regulation (DBPR) Fee: 102 of 643 (1) Minimum fee; or...................................... ............................... ..........................$2.00 (2) 1.5% of the permit fee costs; whichever is greater ...................... ............................1.5 % Green Buildinq Fee (1) 0.011% of the proposed construction value ............................ ..........................0.011 % WA Failure to Obtain Permit Fee (Penalty Fee): (1) Four (4) times permit fee; subject to review by Building Official ...... ............................... Alternate Method and Material Processing: ............................................................ $150.00 (B) Building Board of Adjustments and Appeals: ............................................... $10000 250.00 Certificate of Occupancy: tb 24 hours notice ............................................................ .............................No charge u Less than 24 -hour notice ...................... ............................... ........................$200.00 Change of Contractor and /or Subcontractor Fee: ..................................................... $35.00 (E) Early Construction Authorization Fee: ................................................................... $500.00 (F) Early Power Release: (Commercial projects en1y3 .............................. ........................$150.00 FPL Meter Placement Fee: ............................................................................. $26.00 $50.00 (H) Local Product Approval Fee: .............................................................................. $1,500.00 (1) Permit Application Extension Fee: (Maximum of three) (1) First Extension ................................................................... ..............................$ 50.00 (2) Second Extension ........................................................... ............................... $75.00 (3) Third Extension .................................................................. .............................$1 00.00 Permit Extension Fee: (Prior to expiration) (1) First Extension ................................................................ ..............................$ 50.00 103 of 643 (2) Second Extension............................................................ ...........................$75. 00 (3) Third Extension............................................................ .............................$1 00.00 (4) Permit Extension for period beyond 90 days ............................ ........................$250.00 (A) Re- inspection Fees ('I) First Re- inspection ..................... ............................... ..........................$3500 (2) Second inspection.......................... ............................... ........................$100.00 MI Third and Subsequent Re- inspection without "Correction" done ... ........................$200.00 (Charged per 553.80 Florida Statue) Advisory, Special Inspection, or Inspections During Off -Duty Hours: .......................... $75.00 ($75.00 per hour: minimum of two (22) hours) (BASE ON AVAILABILITY) IV. All fees are non - refundable. Planning & Zoning Division fees are in addition to the above fees. Fire Department fees are in addition to the above fees. Palm Beach County impact fees are in addition to the above fees. CitV Parks and Recreation Fees are in addition to the above fees. Water and Sewer Capital Facility Charges are in addition to the above fees. Projects over $250,000 are subject to Art in Public Places Fee in addition to the above fees. 104 of 643 Permit Reinstatement Fee: (Subject to approval bV Building Official) (1) Within 180 days of inactive status ........... ............................... .........................$75.00 (2) After 180 days of inactive status (i) Minimum Fee; or ....................................................... ............................... $ 75.00 (ii) 30% of original permit fee, whichever is greater .................. ...........................30.0 Professional Services: ($50.00 /hour or portion thereof) .................... .........................$50.00 (i.e. Permit research, due diligence reports, community acknowledgement forms, etc. Replacement Document Fee: (3) Permit Card .................................................................. ..............................$ 30.00 (4) Permitted Plans ($30.00 plus printing costs► .... .........................$30.00 plus printing costs (N) Temporary Certificate of Occupancy (TCO) Fee :...................... ............................... $450.00 (0) Temporary Certificate of Completion (TCC) Fee :............................. ........................$225.00 NJ TCC or TCO Extension Fee: (Subject to approval by Building Official .... ........................$200.00 (A) Re- inspection Fees ('I) First Re- inspection ..................... ............................... ..........................$3500 (2) Second inspection.......................... ............................... ........................$100.00 MI Third and Subsequent Re- inspection without "Correction" done ... ........................$200.00 (Charged per 553.80 Florida Statue) Advisory, Special Inspection, or Inspections During Off -Duty Hours: .......................... $75.00 ($75.00 per hour: minimum of two (22) hours) (BASE ON AVAILABILITY) IV. All fees are non - refundable. Planning & Zoning Division fees are in addition to the above fees. Fire Department fees are in addition to the above fees. Palm Beach County impact fees are in addition to the above fees. CitV Parks and Recreation Fees are in addition to the above fees. Water and Sewer Capital Facility Charges are in addition to the above fees. Projects over $250,000 are subject to Art in Public Places Fee in addition to the above fees. 104 of 643 105 of 643 Changes include the following: Headings added to group fees for clarification purposes. Notes /explanations added for clarification and instructional purposes. Fees added that are charged by state mandate; added to fee schedule for clarification and disclosure purposes. Fees added that are authorized by state statue; added to fee schedule for clarification and disclosure purposes. Fees added that are authorized by City Ordinances and collected at time of permit; added to fee schedule for clarification and disclosure purposes. Fees added that are authorized by City of Boynton Beach Administrative Amendments to the 2010 Florida Building Code; added to fee schedule for clarification and disclosure purposes. 106 of 643 Changes include the following: Fee increase being proposed for cost recovery purposes. YELLOW - Changes include the following: Fee being proposed to cover costs of existing business functions that are currently not on the Building Division fee schedule. Fee is being proposed for cost recovery purposes. - Changes include the following: Fee is being removed from Building Division fee schedule as part of a retooling and process change for garage sale permits. 106 of 643 107 of 643 S. an 6 TT--7-7_— g v i Fg g 22 E E Re g 2 2 . 2 S R -d T., R 21 IE 6 Z z d > re C! 2 S A I A 107 of 643 6.E CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R13 -049 - Amending Planning and Zoning Fee Schedule, changes to become effective immediately. EXPLANATION OF REQUEST: The Division's fee schedule was last updated in 2006 by Resolution No. 06 -176. Since 2006, the City's LDRs have been updated implementing new or modifying existing processes, the City's Historic Preservation Program has been implemented, State Statutes have been amended affecting terminology and the process by which the Comprehensive Plan and Future Land Use Map are amended, and several other procedural changes have been made that have not been reflected in the Land Development Application Fee schedule. Some principal examples of the warranted changes are described below and summarized in groups as described above. Historic Preservation Program The changes reflect addition of the several application types necessary to implement the City's new Historic Preservation (HP) Program. The proposed program fees are based on fees for comparable application processes of other cities, and recommendations from Boynton's Historic Resources Preservation Board. Staff researched and reviewed the fee schedules of several other Florida cities with comparable HP program applications, and based on the recommendation from the Board, intentionally proposes fees that are generally lower than other comparable fees to prevent the processes from discouraging participation in the program. The principal application types include individual property and district designations (to the local registry), Certification of Appropriateness to process building modifications, and property tax exemption. 108 of 643 LDR initiated Certificate of Conformity — The purpose of this new process is to excuse any existing nonconformance of a parcel due to the necessary expansion of an abutting right -of -way such as through eminent domain action by a government entity. Any such nonconforming parcel shall be deemed a conforming parcel upon the issuance of a certificate of conformity, and exempt from the typical restrictions of the LDR that apply to the specific non - conformity. Deletion of Comprehensive Plan Text Amendment and LDR Code Amendment fee — These two application types are being removed as such processes were removed from the LDR as an option to the general public. The new LDR limits the initiating of an amendment to the Comprehensive Plan and Land Development Regulations to staff, the advisory board or the City Commission. Lot Split — This new process is used by many cities and counties throughout the country for facilitating the formal review of proposed changes in lot configuration against state and local platting requirements, and the minimum lot standards required of all buildable lots in the City. Minor modification for paint color changes — The revised LDR includes more detailed design standards for projects and adds paint color changes to the types of changes eligible for processing as a minor site plan modification. Three additional categories are proposed to the Minor Site Plan Modification group to establish fees that closely match the minimal processing time necessary. The current lowest fee for a site plan modification is $150. Minor master plan modification — This new process allows the administrative modification of a master plan to modify elements of a plan that are related more to site plan details and not components of the overlying zoning district (which should only be amended through public hearing and possibly the rezoning process). This is a cost - saving change intended to aid in the expeditious processing of needed changes identified late in the process to maintain a project on schedule. Changes related to other current processes: Various other additions and changes are needed to reflect current processes that involve mobile vending units, sidewalk cafes, the review and release of a unity of title, zoning permits and related inspections, and minor modifications to approved landscape plans. Lastly, an additional category related to site plan time extensions is needed to facilitate the review of those extensions prompted by State Law. Such changes require a shorter time frame than the City's current process and therefore warrants a lower fee. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proposed fees are consistent with current programs and services and in particular, further the implementation of the City's Historic Preservation Program. FISCAL IMPACT: Proposed changes reflect both current and newly added services or functions. Minor increases in application revenues are anticipated. 109 of 643 ALTERNATIVES: None recommended as changes have not occurred in six years, and are necessary to represent current application types and services administrated by City staff. 110 of 643 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PLANNING AND ZONING FEE SCHEDULE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City Commission for the City of Boynton Beach last adopted a Fee Schedule for Land Development Activities on October 3, 2006, pursuant to the adoption of Resolution No. R06 -176: and WHEREAS, the City's Land Development Regulations have been updated since the adoption of the Fee Schedule in 2006, implementing new or modifi-ing existing processes which have not been reflected in the Land Development Application Fee schedule; and WHEREAS, the City Commission for the City of Boynton Beach finds that the adoption of this revised fee schedule is necessary and is in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1 . The above referenced whereas clauses are incorporated herein by reference. Section 2 . The fees for Land Development related activities attached hereto as Exhibit "A ", incorporated herein by reference, is hereby adopted as the fee schedule for those related activities as indicated on the fee schedule. A cope of the fee schedule shall be maintained in the City Cleric's office as well as the Planning and Zoning Department. Section 3 . This Resolution shall become effective imrnediately upon its passage and adoption. PASSED AND ADOPTED this day of Tune, 2013. CITY OF BOYNTON BEACH, FLORIDA 111 of 643 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) 112 of 643 FEES FOR LAND DEVELOPMENT RELATED ACTIVITIES -__ (PLANNING 8 ZONING DIVISION ((Resolution #13 - Adopted ACTIVITY ( FEE Abandonment (easement or right -of -way) 750 Ari ;iniatrat Adl vnnt,( r ., , 100 Anne xation 500 LV . 1L la11'ill for Hl.,LJIIt ulh %if 11 , ]l1 lt�f Dcsionaiior, )F4 f ifttr Ifi1 - 1'Ir- 5� - Administrative 750 Communit De sign Plan 1 —_ First appeal (per code section) _ 500 - Each additional appeal 100 _ Land _._... dscape Code _ ' First appeal (per code section) 500 Each additional appeal 100 1 L Iif,a I �uUm>� 20Q I Compreh Pla Amendment (Map) 1,500 Up to 10 acres t r ll v< , Igo. 750 At 11 morJ 1 11100 1500 Cc III I It A 1,000 rr mprr hertbrvel -lanAm +rt,a.yn1 ftabc -rl art .rr or L, 2=W ftardrnq} ..... aB9 Conditional Use' 150 Concurrent with site plan review (in addition to site plan review fee) 1,000 Use only with no site /building modifications (in lieu of site plan review fee) 750 .Development of Regional Impact (DRI) Review 3, . - Notice of Proposed Change (NOPC) _ New DRI or substantial deviation 5,000 ''.. Review of Annual Report 400 ' Height Exception 26G L! (1_ _ l u 1cr. r t t iq r'la i 3v(avr — 2341 760 , 4V Ih C(n ufrr [ tl i t r,re - v n�v 100 "Lm", Ptese -. . k r ( fte:S {A ]tun - 6n divlual I . '.`iiatt,r Ue ;i ,ag rcr Us Ind tpe,rropprtyul it a I nax $5061 1C ( r Uifcale of AU iot i e to ft OA7 <un Nk. 35 CoION,3ie 0f Ai CI(Lf l 4.,,_'- (< C7AJ 13ow d Orn - h.41r1111 ; Q . ' C mfrcat+of 2r wx rina " [tJA7 V.awC n i Lmal li v 12f o ut of Listrict 150 ( - '. ertl d(e_L.A,br f+ cos „ r C 07 - ReE aFa nl;,�r >d fa Isst;,l I50 Gt r fir a tn r,f Ar croor=.atvnnas fCOA) - ', •,ir a turn 500 _. 1 ' �f h(IC 3�t 0'f AD6tOpfiat591B"`4 IG[J4) A C( t SS IY SPru SPure >>G �.... 1 . Pr ui rn47ar Exemp 'LO -.. LV . 1L la11'ill for Hl.,LJIIt ulh %if 11 , ]l1 lt�f Dcsionaiior, )F4 f ifttr Ifi1 - 1'Ir- 5� - fAo of Sint c Ur ,ytd tl c Qfj 100 _ arnc apa_Mod11 lan?_Irl - x ufc plin mudflrati �, thanl W 0 ra.ue 150 1 nIc (,Line lVf dlt 1 11 S II III `. i ll , ktl IT 3dlfl� si r3i1 q 71 r'4' R. "„UO j_, A t.;_ LPG I -il d9cai,* Pi d it 1liu2dgr eswow fr. lured at rat o f tatC,;,S t ad ifi _r :visit ,00 _ -. Legal review of documents (e.g. cross- access agreements leased parking agreements) - 500 LUt Ll M udlfic 11.I' l 200 '. :Master Plan{witIti oenventieaaf;ea sFkrq 1 Less than 1 acres 1, '.10 acres or more 1,500 'Master Plan Modification -( �g r I1esF>#rFvon irg) -M =tor 750 1410 1t f ?Iai Mod i t 111U_'.I h . 0r , Sin .. rr VUErL 1 t ( wif)tn� 1 SO " 50 0 Master Plan R/� rrf ¢uug,0_ fP1r Mriltoil _ - Minor Site Plan Modification ArchdElevation changes only (i on ly requiring review by P&Z Division) 150 Multiple changes to a single structure and/or site and /or multiple dept review 500 Multiple modifications to multiple buildings and requires multi - department review 750 i e}1ur 11t7 _, ;,1J More arteu 3, . - to ill,_- �_c.,(?...r_ <..; n .rr 2 3 11 o d- rl en o I r — '� /s mllbll , lianrin 11y - Internet 1`IIe5101_ lPZ App Fees - 2013 revisions 113 of 643 'FEES FOR LAND DEVELOPMENT RELATED ACTIVITIES 25 PLANNING &ZONING DIVISION 50 _. !(Resolution #13- . _Adopted . .) ACTIVITY FEE - - - -- Perri ' I fec 50 14 ° :]- #t .krl 1()--10 reS Or R,pCq 1 750 New Site Plan or Major Site Plan Modification L Tour Cdr: - Pisan (total project Sq. fl.) .Up to 2,999 sq fl 750 -- -- 3,000 - 14,999 sq. ft. - 1,000 '. 15,000 - 49,999 sq. It. - - -- - - -- 1,500 50,000 - 149,999 sq. ft. 2,66 150,000 - 499,999 Sq. ft, _- 2,500 '! - 1500,000 +sq. ft. _.. _-_ 3,000 _ PID Di strict Use Approval 750 PID District Code Waivers - -- - -- -- -- 200 First wa (per code section)_ -:;J0 2r&F, _ !Each additional waiver _ 50 y,( ',p! Planning 8 Zoning Permit Reviews will be based on hourly wage plus 35% for Binge benefits, and will Hourly I be tabulated at time of permit review and paid when permit is issued. Rate Postponement 150 !ol f r ,rrvi< 'Without re- advertisement and re- notification to property owners 2 25 With re- advertisement (in addition to legal adlno tiflcation c osts) 5 50 Rezonin _ Convential Districts '. Up to 10 acres ' ', 750 14 ° :]- #t .krl 1()--10 reS Or R,pCq 1 1,909 Planned Development District Up to lO acres _ _ 1,000 more- 6a,in an- tt rscrmeae 2 2,000 When site plan is filed in lieu of Master plan for mixed -use district 7 750 ''.3ice Ca(h aC?cilicrrtion revi_r_ssv 40 Site Plan Time Extension 5 500 51 Plat? 7 Fm- rrs_i_nt st Le (trliate; Telecommunications (filet ri r nary- aev[ew In aou)fck 4l ;, r w414 Ct ic,pter l i)) ICo locetlons ;wer ;ryilinf7f1 nw5r Repiau - r »errs 2 200 1 <v sr Sltlnc W er ft ,2 €ha r. n�nis 7 753 New Leas l Lease Revis - - 1,500 IJn Of Tale - — - - - P —01i,l f u of T'iite i i._4...- .! >Y:fl +- Levlew_t@ei R 1 ; .StLP,l Jnily of TILL= 1 150 !ol f r ,rrvi< _... !Variance _.. i First variance (per code section) ' 500 _ !Each additional valiance 100 'Waivers, Administrative 200 Zor ng�oac• LDN ,Afr're Stray .�e(h3r U1, _ -1,111 ercWr -rm 1-)' 1900 -. F 7lncl Perri iii 50 Z on i ng Pe"n -lnsPeatko I if €,%sired {per rz)ecfion) _ — _5 - Zonin Verificati Lette 35 _. Genera Notes: are .. Fees are not refundable after staff review has begun unless noted otherwise herein. Applications will be automat ically c ancelled if a check is returned: to re -apply an applicant must pay _ the application fee plus the fee for returned checks as established by the City. / ;rhc as l r , frr activities requiring noticing in the local newsp (PB Post) shall also remit _ the current advertising fee to cover said costs. Footnotes! - Fee covers two reviews. Additional reviews will be billed to the applicant based on the hourly salary _ _ _. __. of employees involved in the review, plus 35% for fringe benefits. 8!7372013 C, %Documents and SetlingslpytejTocal Settings \Temporary Internet FilesIOLK B \PZ App Fees -2013 revisions Page 2 of 3 114 of 643 FEE FOR LAND DEVELOPMENT RELATED ACTIVITIES PLANNING &ZONING DIVISION (Resolution #13- Adopted - - -- 'ACTIVITY FEE -- - -- be required at time of application filing, Cost of advertising and staff time will be billed to applicant - -- based on hourly salaries plus 35% far fringe benefits. Costs for current legal ad /public notice will also be paid itme of filing. When a site plan application is filed in lieu of a Master Plan for a mixed -use district, the corresponding _- site plan fee will alaaeu apply 0/1312013 C:Z—ments and SeuingstpytejA ocaI SettingstTemporary Internet FIIes1OLKABW App Fees - 2013 revisions Page 3 of 3 115 of 643 6.F CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of May 2013. EXPLANATION OF REQUEST: Per Ordinance No.01 -66, Chapter 2, Section 2 -56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for May 2013: Purchase Order Vendor Amount 130824 E2Walls, Inc. $ 10,854.00 130831 Gate Solutions $ 10,850.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01 -66, Chapter 2, Section 2 -56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. 116 of 643 FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None 117 of 643 r • :• • l' • -! R 1' - • I 411. .1 w FOR 1 1. Vendor: E2Walls, Inc. Purchase Amount: $10,854.00 Requesting Department: Engineering Contact Person: Jeff Livergood Date: 5/6/2013 Brief Description of Purchase: Installation of movable walls for the remodel of the ITS Department. Source for Purchase: Piggy -back Miami Dade County Fund Source: 302 -4199- 580 -62 -01 Contract #1072 -1/16 GG1102 2 Vendor: Gate Solutions Purchase Amount: $10,850.00 Requesting Department: Utilities Contact Person: Michael Low Date: 518113 Brief Description of Purchase: Fabrication and installation of 3 galvanized steel gates at the Utilities Administration Building /East Water Treatment Plant as part of Homeland Security. Source for Purchase: Three Written Quotes Fund Source: 403 - 5000 - 533 -65 -02 V,TR127 3 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 4 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 5 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Page 1 118 of 643 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. 4: 130624 BOYNTON BEACH, FLORIDA 3 342 5 -031 0 DATE: 05/06/13 VENDOR 13557 SHIP TO: TO: E2WALLS INC City of Boynton Beach 5692 W. CRENSHAW STREET ITS DEPARTMENT TAMPA, FL 33634 100 F BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REQUISITION NO. 59005 011.E.IN. 311.111MENT: ENGINEERING /AGGA 1=0 DATE NEEDED: BID NO: I COMMISSION APPROVED: Im EXTENDED LINE# QUANTITY DOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 21708.00 DL MOVABLE WALL INSTALLATION 1.000() 21708.00 2 10854.00-DL MIAMI DADE CONTRACT DISCOUNT 1.0000 10854.00- REMARKS: REMODEL FOR I.T.S. DEPT. PIGGYBACK MIAMI-DADE COUNTY CONTRACT #1072-1/16-1 TERM; 3/1/12-2/28/17 SEE ATTACHED PROPOSAL #5050 PROCUREMENT SERVI 'J§ 'A P.O. TOTAL: 10854.00 ACCOUNT NO PRO JECT 302- 41 99 - 580.62 -01 GG1102 119 of 643 � � q £ w 2 Ho E! zp fA q evr^. .7 w A i q F E W E E y N N �kF a O � U E F I � C' '> W F i£ N N c fY aQ y : W F C H W QH .. p� w iw hE m.im W 0 x 14 It O H H o rn a o w p •- a� o z n H E W aw F 1 a o [a V z � N W W � £ £ O W W W W W W W > > w' W UI w' O O 41} H� x4 a a � 1 —ti �Z 'yp �Z 2Z ❑ Z2 z OHH UHH w �U V diZi 7v. W 2Hr] F�a PFC 2q� m M Y� Z x 0.13 Oq3 m "H ru CY 2 N �,� 3E0 qNO z F z m m w i v4 F u a Wa�' ao� �' om d• � p ` �.. w a V 4gm rym M O W� T y , �� 6. a Nq fY g 120 of 643 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 4/30/2013 Requesting Department: Engineering Contact Person: Kevin Ramsey Explanation for Purchase: Remodel for ITS Department for installation of movable wall Recommended Vendor E2Walls Dollar Amount of Purchase $10,854 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back FX Budgeted Item Emergency Purchase Other Contract Number: Miami Dade 1072-1/16 NOTE: Pricin proposal for purchase must be presented in the some detail contained within the contract. Fund Source for Purchase: 302-4199-580-62-01 Project #GG1102 Approvals: Department Head Date J Purchasing Agent Date 11 Asst City Manager -qECF1VFU,)i,i Date City Manager Date ryf/j 3 Qty Manager's off— 121 of 643 PROPOSALNO.: SOSO 4 April 25,2013 ftlis PAGE 1 OF 1 Permanent Walls That Move- E2 WALLS, INC. 5692 W. CRENSHA WSTREET, TAMPA, FL 33634 PHONE (813) 374 -2010 FAX (813) 374 -2006 TOLL FREE (888) 816 -9816 UBMITTED TO CONTACT` KEVIN RAMSEY CLIENT: CITY OF BOYNTON BEACH PHONE: (561) 742 -6986 STREET: 100 E. BOYNTON BEACH BLVD. csz. BOYNTON BEACH, FL 33425 .'E'T 2 ND FLOOR- IT DEPT. THIS PROPOSAL IS BASED ON SUPPLYING ALL MATERIALSAND LABOR COST FOR THE CONSTRUCTION WORK AS PER THE FOLLOWING: SCOPE OF WORK - UNIT PRICING QTY TDHSC TAKE DOWN 3 "HSC MOVABLE WALL 33 L/F LABOR MOVE MATERIAL 8 MH R1300-HSC REINSTALL 3" HSC WALL 30 L/F RIDU REINSTALL HSC DOOR UNIT 2 EA. R1225 REINSTALL 2-1/4" SOLID WALL 18 L/F RI22550 REINSTALL VERTICAL INTERSECTION 2 EA. 22SCR -108 9' HIGH 42" CR GLASS SERIES 225 W/ 12 oz. VINYL 6 L/F 225CR -108 9' HIGH 24" CLS GLASS SERIES 225 W/ 12 oz, VINYL 5 L/F 22564/66 RADIUS CORNER 2 EA. 225SL 1, 1' SIDE LIGHT KIT 1 EA 22552 EXTENSION INTERSECTION 2 EA. 22570 -9070 SGL. FULL HT. FRAME - UP TO T H. 2 EA. 3070 D &T 3070 S C BIRCH DOOR & TRANSOM 2 EA. F179 1 -1/2 PR OF 4 -1/2" HINGES & WALL STOP 2 SET AL53PD -SAT SCHLAGE AL53PD- SAT -US26D LOCK SET 2 EA. FREIGHT MOVE OWNERS MATERIAL FROM STORAGE 1 LOT . LIST PRICE $ 21,708.00 LESS DISCOUNT (MIAMI DADE CONTRACT 1072 -1116) 50% (10,854.00) SUB TOTAL NET PRICE $ 10,854.00 NOTES: 1. NO BUILDING PERMIT OR PERMIT COST INCLUDED 2. FINISHES TO BE SELECTED FROM E2 WALLS, INC. STANDARD FINISHES 3. TAX EXEMPT NUMBER MUST BE ON PURCHASE ORDER 4. PRICE BASED UPON PERFORMING WORKDURING STANDARD WORKING HOURS WE PROPOSEHEREBY TO FURNISH MATERIAL AND LABOR - COMPLETE IN ACCORDANCE WITHABOVE SPECIFICATIONS FOR THE SUMOR: TEN THOUSAND EIGHTHUNDRED FIFTYFOURAND N01100 DOLLARS $ 10,BS4.00 WITH PAYMENT TO BE MADE MATERIAL UPON DELIVERY LABOR UP NCOMPLETION - NET TEN (10) DAYS- NO RFTAINAGE S FOLLOWS' SUBMITTED BY.. KEN DEVARS DATE OF ACCEPTANCE AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE NOTE: THISPROPOSAL MAYBE WITHDRAWNIFNOTACCEPTED WITHIN THIRTYr30l DAY.s ACCEPTANCEOF PROPOSAL: THEABOVE PRICES, SPECIFICATIONSAND CONDITIONSARE SAT ISFACTORYAND ARE HERERVACCEPTED, YOUAREAUTHORIZEDTO DO WORKAS SPECIFIED. PAYMENT WILL BE MADEAS OUTLINED ABOVE. 122 of 643 123 of 643 124 of 643 F I � o �k Y r � 2 � q rc y P y d Ee � O n� t i 'i n II •} n ' � oy i 124 of 643 CONTRA CT AWARD SHEET IAMB DEPARTMENT OF PROCUREMENT MANAG BON.. 1072 -I /16-1 a n•m�i,Sh�er DIVISION BID NO,: 1072- I /16 -1 PREVIOUS BID NO.: TITLE: FURNITURE (OFFICE & NON - OFFICE) CURRENT CONTRACT PERIOD: 03.V1/2012 tbm,gh 02892017 Total # of OTRs: 1 MODIFICATION HISTORY &dhp 1092- 111&1 A—dSheet DPM Note. APPLICABLE ORDINANCES LIVING WAGE: No UAP: Y. IG: Yes OTHER APPLICABLE ORDINANCES: CONTRACT AWARD INFORMATION: Ye. L-W Prefe`enue N0 M-Ente ,i. N FWIFed.WFunding No Perftfmmce Bond N S,W1 Business Enteegnse (SBE) No PTP Fulls Ye. Pm i.I FedaW Fmdivg Yee Immsvrz Miscallaneous: REQUISITION NO.: PROCUREMENT AGENT: CLENTSCALE SHER PHONE: 305 375 - 2179 FAX: 305 375 - 5698 EMAIL: SCLENTSf1A7IAMIDADE GOV DEPARTMENT OF PROCUREMENT MANAGEMENT DIVISION Page I of 50 125 of 643 Bid No. 1072 - 1/16 -1 Award Sheet VENDOR NAME' E -2 WALLS INC DBA: FEIN: 412275655 SUFFIX: 01 33634 STREET: 7711 CHERI CT CITY:TAMPA ST: FL ZIP: FOB DEST -P DELIVERY: PAYMENT TERMS: NET30 TOLL PHONE: 888 -816 -9816 VEND INFORMATION CERTIFIED VENDOR ASSIGNED MEASURES Local Vendor: SBE Set Aside Bid Pref. icro Ent Selection Fact., Goal Other'. Ve>— R...d Verfed.? Vendor Contacts: Name Phonel Phane2 Fax Email Address KENNETH DEVARS 813- 374 -2010 888 416 -9816 813 - 374 -2006 KENDEVARS©E2WALLS.COM VENDOR NAME: STONE GROUP ENTERPRISES INC DBA: FEIN' 450466686 SUFFIX: 01 33130 STREET: 1177 NW 81ST STREET CITY: MIAMI ST: FL ZIP: FOB DEST -P DELIVERY: PAYMENT TERMS: NET30 TOLL PHONE: - VE NDOR INFORMATION: CERTIFIED VENDOR ASSIGNED MEASURES ocal Vendor: SBE Set Aside Bid Pref. 'vo Ent Selection Factor Goal Olher: Yentas Record V rfed7 Vendor Contacts: Name Phonel Phonel Fax Email Address KARENAZARI- SECRETARY 305 -696 -3366 - - KARENIDSTONF@6ELLSOUfH.NET DEPARTMENT OF PROCUREMENT MANAGEMENT DIVISION Page 22 of 50 126 of 643 127 of 643 o'o 0 SO a °e R: m N.3 ., o m; ro_ ry( � n C n Np m ar ® ro � fl �g�Y +TA,poo -: ��±± liana g ow �c g25o'o0 � a� � bra' oo�x.xx�xxxxx rom w�roroww.w 3� S .Nf9frMC � CSW %O 3 ro Aw��DAN o AO S t `�ooa > 3.. l o g m SS Q O . � : f0 s O _ m� o 1 S G w - a i � A 000 S S ��im vt' X 00 �. N.N. O o O G1S0 O� S. S' lit V•�;� j. m.� w O A.00 00.0 S � °e O.O � �A,F.o o � ° O o � S 4 �'.3Y 09000 000 3 � 3 T y { S Sqg O' O, S 'O ..S S S _,T•� _.- O'S ,e 3 i { Z. p < Z Z H pp a C Ig Qro n w N om o o of _ "=.m a 127 of 643 128 of 643 3 o X00 n.. O _O �- OoCi222,22'2, 22 N L O N N N N N fE tD w g � ow o L� F.D 0 0 l a IV CC w C O. w n � c tn '� 0 G ' O 'C' O F9 O fT V S:m N N W . W W " c SSOOS SQS S'OO �' R S:.S SSg 000000 �' "' Z w C e ' V y ro 3 � C O ' 0 0O O 'r a 0 0 w � Cr. z < ac of a W ° O ° � ro A m. ,a a m e o o a R w 128 of 643 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P #: 130831 BOYNTON BEACH, FLORIDA 33425 -0310 DATE: 05/08/13 VENDOR 14381 SHIP TO: TO: GATE SOLUTIONS City of Boynton Beach 4706 NE 12TH AVE EAST UTILITY ADMIN OAKLAND PARK, FL 33334 �24 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 58970 ORDERING DEPARTMENT: UTIL ADMIN TP DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3995.00 DL 24 X 6 ALUMINUM SLIDE GATE 1.0000 3995.00 (SEACREST GATE) 2 3460.00 DL 16 X 6 ALUMINUM SLIDE GATE 1.0000 3460.00 ( BOYNTON BEACH EXIT) 3 3395.00 DL 14 6 X 6 ALUMINUM SLIDE GATE 1.0000 3395.00 ( BOYNTON BEACH ENTRANCE) REMARKS: REPLACEMENT & INSTALLATION OF THE SEACREST & WOOLBRIGHT SITE ACCESS GATES AT THE UTILITIES ADMIN BLDG /EAST WATER TREATMENT PLANT AS PART OF HOMELAND SECURITY. SEE ATTACHED QUOTE #1951 PROCUREMENT SERVICES: � �. I P.O. TOTAL: 10850. DO ACCOUNT NO. PROJECT 403 - 5000 - 533.65 -02 WTR127 129 of 643 NM up ION 1 4 8 IL in w fl pip lip M i 11— MIA I V ARE go CE A H IT I s m n u . 130 of 643 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 gory Q? Date: 4/24/2013 Requesting Department: Utilities — Contact Person: Bevis Pigott Explanation for Purchase: As part of Homeland Security, the Utilities sites must have entry deterents, surveillance, and protective measures to protect the public water supply. The Seacrest and Woolbright site access gates have structural integrity issues (missing/broken bars, rust) and need to be replaced. This project will involve fabricating and installing 3 galvanized steel gates; the existing tracks/guides will be reused. IRecommended Vendor Gate Solutions I Dollar Amount of Purchase $10,850.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. I Fund Source for Purchase: WTR1 7: 403-5000-533-65-02 Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date ' Form Revised 02/01/02 131 of 643 gamwwamwam I H.T.E. ENTRY DATE I H.T.E. REQUISITION # IT \".-. REASON FOR PURCHASE: Unit Price Description & Part Number Fund Dept Replacement of and installation of the Seacrest and Woolbright site access gates at the Utilities Administration Obi Buildin East Water Treatment Plant as part of Homeland Security. Estimate #1951 $3995.00 12'x 6' Aluminum Slide Gate (Seacrest Gate) VENDOR INFORMATION: DIVISION: OTHER INFORMATION: 65 02 Name: Gate Solutions Admin. Date: 4/25113 16'x 6'Aluminum Slide Gate (Boynton Beach Exit) 1 ASAP (X) Address: 4706 NE 12 1h Avenue Construction Date Needed: $3460.00 Confirm. $3395-00 Oakland Park, FL 33334 Cust. Rel. 5000 533 ASAP/Conf. 02 $3395.00 Distribution BACKUP DOCS. SUBMITTED: QuoteslVerbal over $500) DELIVERY: Phone (contact): Water Qual. - E.Admin. - 40( Phone: (954)491-4177 Fax: (954)491-4147 Pumping -- Quotes/Written over $2000) E. WTP 41 (X) Vendor Number: 14381 PWTreat. (X) Bid Docs. W. WTP 42 $10850.00 Meter Serv. Sole Source Ltr. PIU 99 IN ITIATOR: BeWls PigW Sewage Insurance Special Instructions: 't' APPROVED: Strmwtr. _52guirements: Project Number: WT =R127 Quan. Unit Price Description & Part Number Fund Dept Basic Earn Obi I Amount 1 $3995.00 12'x 6' Aluminum Slide Gate (Seacrest Gate) 403 5000 533 65 02 � $3995.00 1 $3460.00 16'x 6'Aluminum Slide Gate (Boynton Beach Exit) 403 5000 533 65 02 $3460.00 1 $3395-00 14'6"x 6'Aluminum Slide Gate (Boynton Beach Entrance) 403 5000 533 65 02 $3395.00 Total $10850.00 132 of 643 23�� iM OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Replacement of and installation of the Seacrest and Woolbright site access gates as part Of Homeland Security. VENDOR #1: Gate Solutions DATE: 4/13/2013 CONTACT PERSON: PHONE NUMBER: 954-491-4177 QUOTE: $10850.00 VENDOR#2: Bulldog Fence of Florida, LLC DATE: 04/19/13 CONTACT PERSON: Bryan PHONE NUMBER: 561-582-0002 QUOTE: $12600.00 VENDOR #3: Creative Metal Products & Fencing, Inc. DATE: 04/18/113 CONTACT PERSON: Kenny, Josh & Teresa PHONE NUMBER: 561-732-0224 QUOTE: $24200.00 PURCHASING DEPT. 133 of 643 aq,q 4706 NE 12th Ave , te Oakland Park, FL 33334 I ons Phone: (954)491,4177 Gates*Gate Operators*Access Control Fax: (954)491.4147 Name I Address City of Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, Florida 33435 Job City fB ity of Boynton Beach Utili ties -'y t 124 Beach, Road EastWoolbright Boynton 1._ Boynton Florida 33435 I Qty I Description I Total I I- I Total $10,850.00 1 mitmate vana ror Yv trays. 3u aeposit to senecarle,k5alanec, clue upon completion. *Prices does not include permit or fees if needed. Approval 134 of 643 BUL1698 Bulldog Fence of Florida, U-C 120 Commerce Road, Suite D Boynton B ... In, FL 33426 Phone: 561-582-0002 Fax: 661582-0009 www.bulklogfencecompany.com Date Estimate # 4/19/2013 12-5415 Name /Address Ship To City of Boynton Beach Utilities Dpt Melvin Pinkney 1620 S Seacrest Boulevard pinkneym@bbfl.us Boynton Beach, FL 33435 561- 742 -6428 Pool Barrier Proposal # Rep Permit Bryan N/A Description aty Rate Total Welded aluminum Bit tall marine grade powder coat white. 12,600.00 12.600.00 Fabrication and installation of (1) Oft tall X 25ft wide welded aluminum roll gate with pinch point pickets. Fabrication and Installation of (2) Eft tall X 16ft wide welded aluminum roll gates with pinch point pickets, (automation by others) This price is subject to change without notice. Accepted: The above prices, specifications are satisfactory and are hereby accepted. You are authorized to do the work as specified. 50% deposit required, payment in full upon completion. By signing this proposal culorner agrees to pricing, — specifications and Bulldog standard terms and conditions which may be on reverse side, attached or not attached. Customer may request a copy ofthe terms by calling Bulldog. Upon signing by customer this becomes a binding contract. Bulldog Fence is not responsible for damage to any sprinkler systems. We — install the fence where Instructed - but cannot see what's under ground. Try to locate your sprinkler lines before our installers start digging. Unforseen digging condliflons such as rock,cDml etc. may result in additional charges. The fence represented in this contract/estimate remains the prop", of Bulldog — Fence of Florida until fully paid for. Signature Subtotal $12,600.00 Sales Tax (6.0%) $0.00 Total $12,600.00 135 of 643 S44H!J`49S TFRIV;t: AND AR It i,'J I pl, J" ""i1q , o ' J", 't"" "tOnl bit:: [ft r''Avj I oe.%' nt,Il k�! 1-4x.au- -a ,,I d , '.'A'�' Iiet l:rc ';Uk'? 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UMW- - A- P-n A MY W"W- M M 4100. 01. ohm ""rIwh 0 W so -MIhI, am. k" P, M1 uw" ri$ 51 'o m; V ln"'. 'h ,id el ltc. - if U I I J� j j j Sv pel0 agi •e, r I at d i n I . —11 1 i-P %.-C .i. , "C"Il, 1, - It Pit 1 1. T. ".o J, I r fit, sRli i t r t J" ;c -41 1 i.e, ]I In I I .,, 9 I'MeMAN I In A M a a MA 04 K. 0 W -5 wh A a A "n&Q M A M� woo "M 0 W -1 pm I,my l..Uyj am M_;<: V, I W W! 'Oudgjoh, N 0"%, ttht .. 1 hi, Gat A rev AM= U---& 0 "M T -A'ULT n. AIR AMM WS MAW k VON A MUWW W W 11L I, !h6 1 "t AW 1 6 1 Aq MW a W,nmg - 1 of on Mot; 0 1110,V54"d W-1 OW WW WO WAVII&I MAY Ar 'i -Al "C' I 10A. rI'A. n ICI q:jW!I U4 �,' I' P8 . ft 6ec;Itrlert dl itty �ik I,u W my A-. -0 am.1 V",Am mn""KA NIK Ml! A, 60A LO W: -I, tar file t.-v- '., V", I t, ..a I M,, r -.411 P" IC K. i:: Orkl W, iA --10h IMI AtIC'In.y , "n"isk"t am a MW-"-Wq W uw n- a M Q. N W", %A A R& AWN Q-Q PMOMM P-Wd M-W T" vows Q•v W .P,... ttr low& .{fWw at W no 'I.- IIA K'ej;'j 136 of 643 ePre.Ati* XttAl frV414 'vw IF ts re'nal dl A Division of: NATURAL BEAUTY WOOD PRODUCTS, INC. Pr Licensed; 1120 SE 1st Street, Boynton Beach, FL 33435 r3LAC PS# 1 Kenny, Josh Teresa Page No: I of I wErd# 88-5 39 Dade#07.' .-' Office (561) 732-0224 Fax (561) 732-0143 k , 7 X.dirl 6 BBB. I Indian Rlv#1478�4 email: creativemetaisCatt. net 04/18/13 1 Sumitted to: Melvin Pinkney . .......................... Name: CITY of BOYNTON BEACH WATER TREATMENT PLANT Street Address: 100 E. BOYNTON BEACH BLVD ENTRY GATES REPLACEMENT City/State/Zip: BOYNTON BEACH, FL 33435 Phone: 742-6429 shall - be mal,orolble nw liable for delayer larsuft hare acco by strikes, aln—ges of labor, metro is a, d ... go by schwa. Crcat,w Metal Product, & Rrolm, 1,c res— the sbreod right: Fax: pinKneymrN.bbfl� LE ION UPON COMPT We herabypropose to fuml the materials and peffonin the labor necessary for the completion of • PROPOSED METAL WORK Fabricate & Install 3 welded ALUMINUM sliding entry gate in same height, width and style as existing & cart away old. Re-use existing track/guides. Made with 2x4,4x4 frame and 1" pickets Owner/ Builder Permit/Engineering or add'i at face value TBD 0 1969.9wom Operatur 13, re-connecttry others Powdee-cuated WHITE Built like existing (Not impact rated) Owner /Builder responsible for Sealing For Leaks/ Repairing broken rooftylelpavers & stucco ***QUOTES ARE ALWAYS SUBJECT TO A VISUAL INSPECTIONake"i 2 gates on Woolbright Rd I on Seacrest 0AINIHIJBIU'LIDER assumes hall mappmabliftY for the line &101 repairs upon which farm is W be i nstalled and per k.bm a ndml pool/InIgation lines, SaWi Walks wel utilities. If err/ Are location, n, disputed, customer gaime to p. . sa,,ey at cwtoaaark Asia— And CmctW Mated Process, & fta;ml Inc. can ,spend w without A PAYMENT TO BE MADE AS FOLLOWS: penalty. All, rI is be, sawfial. Ad work A pa be compleped Ina workman-ship like manna to Standard practices W My Anamdat, dwill firs, the s hwa mwWoo a opens will beassas an pass charge. creative (All major credit cards are accepted for your convenience) Meta —ces (a rat shall be mosphible for design And archibectuml Intogrily ff ea l am ma de by usboomr, If names, are R. —from cusana hRm,sAfl.IE, casame, inimea W P., for mfabricadid.n. c = shall - be mal,orolble nw liable for delayer larsuft hare acco by strikes, aln—ges of labor, metro is a, d ... go by schwa. Crcat,w Metal Product, & Rrolm, 1,c res— the sbreod right: 50 DEPOSIT BALANCE D UE to —1m addM..l charges he mw coolsomer in or. evert a orl conorn.. N. we -roes exit far pas an forcing. Ssoh mididerml charges shall be based on actual tabor W complete fabrication K. nalplintion. CosaAm., 0.11 be LE ION UPON COMPT ,sMseal odom any such w ork 1, carnmenced. All material, shall naawm the RapW of Creadve Mosel Fencing, Inc., u ntll fiedly paid for, Chom,misnecoma that he/she —= swam,,/ home moo A okfitons are sob toprlceohanga OU011 pally in fair Pons & effect Ur ical a, I.,% I,.-, — per will be cherg McItionally, so . re 111a Cm/' . ho subject. challe wiffiout notice. 011 — , Said feh0lbepayble n % a. to callect is fiedl or cot. By executing Ris Proposal, the esUema, agrees that he/she has need A. .. a s and agrees to be bound tNw,%. 1, the mAsna that —Ans,11der requirea, addil signed mars,mis, the an lBuyers Signature: X F pro, coadmact snail control In me smse of any ponfikel Nom: mis phopon.1 may be wMdrawn by crass. Metal produces & Forcing, Inc. at., b.a. --QUOTES/PMES ARE ALWAn SUBJECT TO A VISUAL INSEEMON— C-x4s r_0&tV" III f 137 of 643 TUS CERTIFICATE OF LIABILITY INSUMNCE R045 - KeL T Alk i ll-loia"' IMPORTANT: If the eardlicafthoklew Is an ADDM0NALIN5UREDftp0rW0q,0j-wI bb WW W. It SUSRDOATIONIB WAIVED, WW W tM imm Imid wrdidam of ft pulcy, ortaki polidos may reWile an WWWOMTMW. A AWWRU* an IM Mdftaft don rat GVnW doft to AN Oil A 'll Z�-llll i ie DESIGN To 00, INC /])BA GATE SOLTITIONS 4706 NE 12TH AVE OAKUM PARK FL 33334 138 of 643 ACORD 26 (2010M) The ACOND name and logo are re&tsrad marks of ACON) V . r _ �C ACRD O 0 ISOWTOW RA AA d" ISSWOM Imeogapmouspl TM ACOM n ®N of AO 139 of 643 6.G CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the minutes from the Regular City Commission meeting held on June 4, 2013 The City Commission met on June 4, 2013 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A ALTERNATIVES: N/A 140 of 643 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 4, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Lori LaVerriere, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney David T. Merker, Commissioner Janet Prainito, City Clerk Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay Mayor Taylor called the meeting to order at 6:30 p.m. Commissioner Merker gave an invocation recalling the historic passing of the 19 amendment to the U.S. Constitution in 1920 giving women the right to vote. Vice Mayor Hay led the Pledge of Allegiance to the Flag. D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach, a creative haven embracing artists, writers, entrepreneurs and dreamers." E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Casello requested adding an item to the Future Agenda Items to discuss the renaming of Ocean Park to Dewey's Park. It had been renamed in 2012 from Veterans Park to Ocean Avenue Park. It was added as Item 14 E. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Fitzpatrick seconded the motion. 141 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission The memorial service at the Boynton Memorial Park was the main event Commissioner Fitzpatrick had attended and he remarked it was a very moving experience. Vice Mayor Hay had attended the installation luncheon for the Palm Beach League of Cities, Memorial Day observance held at the Cemetery recognizing the veterans and the 8 Annual Forgotten Soldiers Outreach program. He had read the book, Beautiful Blackbird, to preschoolers at the Treasure Chest Pre - School. The Commission also had a successful workshop that was very informative. He commended Eleanor Krusell, Communications Manager, who was responsible for the City's utilization of social media sites to keep the residents informed using the latest technology. Commissioner Merker commented the citizens, as well as the Commission, had to work together to keep each other informed. Working together, even though there may be disagreements, eventually leads to consensus. Commissioner Casello had also attended the League of Cities Gala and installation that included Vice Mayor Hay being placed on the Board of Directors. All of the Commission had attended the two -day Strategic Leadership meeting that included brainstorming on the City's future. The entire Commission was present at the Memorial Day services at the Cemetery that was very well attended and very moving. The Chamber of Commerce had a successful golf fundraiser at the Indian Springs Country Club to raise funds for the Chamber. Mayor Taylor added he had attended the Memorial Day services for many years and he was very proud the entire Commission was present this year. It was recognized and noted by the veterans. Mayor Taylor returned to Agenda Approval and noted an ordinance relating to the red light cameras had to be added under Legal as Item 13. H, because it is time sensitive. Commissioner Merker wanted to discuss in the future about having additional workshop sessions. Mayor Taylor advised the discussion could be added under Future Agenda Items. 142 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 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) Mack McCray, 806 NW 0 Street, thanked the Sun- Sentinel reporter for a recent article relating to Boynton Beach. It was a job well done. Steve Waldman, 41 Sausalito Drive, Jeanne Heavilin, 734 NE 9 Avenue and Kelsie Kershaw, 1039 Coral Drive, presented a request to assist with the cost to send Kelsie Kershaw as a student representative to the International Conference of Sister Cities being held in San Antonio, Texas. The event includes a Youth Leadership Summit. It would be a mock UN council meeting. Ms. Kershaw had volunteered to attend. She introduced herself and outlined her various community involvement activities in the City and County. Ms. Heavilin, from Sister Cities, advised the organization was thrilled to have a student participate representing the City and to learn about global issues. Sister Cities and Education and Youth Advisory Board were partnering to sponsor Ms. Kershaw's attendance and were requesting the City participate as well. The expenses were approximately $1,000 for registration, hotel and airfare with each organization and Ms. Kershaw paying $250. Mayor Taylor developed that Sister Cities would be sponsoring the youth's attendance including chaperoning. Ms. Heavilin would also be attending the event and she invited any of the Commissioners to also attend. Mayor Taylor agreed to donate the $250 from his campaign account, to Sister Cities, a 501(c)(3) organization. Mr. Waldman, Chair of the Education and Youth Advisory Board, affirmed Ms. Kershaw was an outstanding student and would do a marvelous job representing the City of Boynton Beach. He thanked the Commission for their courtesy. Robert Lawrence, 1907 SW 22 Way, in Boynton Beach Leisureville, noted his comments and recommendations would be a summation of the residents' concerns. There has been an increase primarily in burglaries with a couple of assaults on residents. There were 45 reported incidents in 2012. Through the first quarter of 2013 there have been 14 reported incidents. Three recent break -ins were on 22 Way and there have been a total of 7 burglaries on the same street over the past five years. There are several access roads for the community creating a large amount of through traffic issues. A ficus hedge runs along the perimeter, but due to disease, age and 143 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 accidents, has become porous allowing foot traffic to enter and exit the development easily. The thieves appear to have a foot patrol that scouts out possible target homes and then calls in a car to assist in the actual burglary and carry off the stolen goods. There are 892 homes in the 55+ community and safety is a major concern even with the COP (Citizens On Patrol) program. The community requested regular police patrols consistent with Palm Beach Leisureville; limiting access by closing SW 22 Street at 18 Street, Campanelli Boulevard at 23 Avenue, 22 Way and 18 Street on Woolbright; install speed bumps on 18 Street and 19 Avenue and install protective fencing behind the hedge along the perimeter. The break ins generally occur during the daylight hours at homes that are vacant. Mr. Lawrence speculated that eventually one of the dwellings will be occupied and someone will get injured. Mayor Taylor inquired if the COP volunteers patrolled day and night and Mr. Lawrence responded they did until 10 p.m. Mayor Taylor thanked Mr. Lawrence for his report and the situation would be reviewed for future support and control. Mayor Taylor did caution that roads blocked off would become private roads and the maintenance would be the community's responsibility that can be expensive. Mr. Lawrence pointed out 18 is a City -owned street. The other suggested closings are on streets that are privately owned currently. Commissioner Merker offered to attend any meetings with any necessary officials to assist in resolving the issues. Mr. Lawrence stressed there was excellent support from the liaison Police Officers Rita Swan and Rachael Lloyd, but additional help is needed. Dr. Piotr Blass, 113 West Tara Lakes Drive, commended Chief Immler and noted he would be missed. Dr. Blass remarked he had been profoundly defamed and slandered by the Palm Beach Post newspaper. He would be filing a defamation lawsuit. Dr. Blass agreed with the suggestion to have televised meetings to provide total transparency of what happens at the meetings and would be very helpful. The press had noted his heavy accent, religious persuasion, and his home address so he could be easily found. He continued to feel safe in the City of Boynton Beach. Steve Zech, 1405 SW 22 Wa offered his perspective on the speed bumps in Leisureville. He had noted on 18 h it was a thoroughfare and has become a shortcut with vehicles travelling at excessive speed. Speed bumps seemed reasonable along 18 Street. He. hoped the request relating to the hedge would be undertaken because the apartment complex across the street got noisy at night with a lot of activity. Anything to mitigate that issue would be helpful. Campanelli Drive has become another shortcut to avoid the Woolbright intersection and speed bumps could be a solution rather than closing the access. 144 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vice Mayor Hay stressed speed bumps are very difficult for emergency vehicles to negotiate and timely respond to emergencies. There does need to be a balance of speed and safety issues. Mr. Zech felt there could be other alternatives to slow the traffic. Jan Garside, 1902 SW 17 Avenue, pointed out that 22 Street from Woolbright to 19"' Avenue to Congress is a route taken to avoid the intersection at Woolbright and Congress. Residents have been concerned with crossing the streets because of the traffic speeds. She felt it was a major issue and suggested table bumps be utilized that would slow down the traffic. Commissioner Fitzpatrick recalled over 22 years as a paramedic he had made over 5,000 calls to Leisureville. Speed bumps become a problem getting to the calls and transporting to the hospital. Every speed bump generates significant pain for the patient. Campanelli Drive is the short cut to Bethesda Hospital and in emergency situations every second counts. With regard to the hedge, Commissioner Fitzpatrick thought since the hedge was on private property it would be the community's issue rather than the City. Diane Lawrence, 1907 SW 22 Way, had approached the Board of Directors for Leisureville who indicated the hedge was City property. She suggested graded speed bumps could be used and ambulances could traverse those. Mayor Taylor informed everyone that Commissioner Fitzpatrick had served for over 20 years as a paramedic for the City of Boynton Beach. No one else coming forward, Mayor Taylor closed public audience. 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 Golf Course Advisory Committee: 1 regular Historic Resource Preservation Board: 2 regulars and 1 alternate Library Board: 1 regular and 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 145 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 The following action was taken on appointments with applicants: Commissioner Merker and Mayor Taylor and Vice Mayor Hay tabled their appointments for the Arts Commission. Commissioner Casello tabled his regular appointment to the Code Compliance Board. Motion Commissioner Merker appointed Dr. Ginger Pedersen to the Historic Resource Preservation Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay appointed Jason Shaffer as a regular member of the Historic Resource Preservation Board. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner Fitzpatrick pulled Item 6.13 for corrections. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item B. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 146 of 643 Meeting Minutes Regular City Commission Bovnton Beach. FL June 4, 2013 A. PROPOSED RESOLUTION NO. R13 -045 - Authorize and direct execution of an eleventh amendment to the Site Lease and Joint Use Agreement between the City, Palm Beach County, and New Cingular Wireless PCS, LLC (fka AT &T Wireless) to allow antenna modifications and to update the tower schematics exhibit of the lease for the telecommunications tower at the Rolling Green Municipal Complex (515 NW 14th Court). B. Approve the minutes from the Regular City Commission meeting held on May 21, 2013 Commissioner Fitzpatrick noted on Page 4, it should read, 200 CRAB rather than 400 CRAs. On page 19 it should read that Commissioner Fitzpatrick had met with Mr. Contin in the Planning and Development offices. On the same page it should read, the walkway and grass west of the museum, rather than east of the museum. On page 20, there was a typographical error with Commissioner Casello and "soul" responsibility should be "sole" responsibility. Motion Vice Mayor Hay moved to approve Item 6.13 with the corrections. Commissioner Casello seconded the motion. Vote The motion passed unanimously. C. Authorize the City Manager or City Manager's designee to apply for and execute agreements and documents on behalf of the City of Boynton Beach associated with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for the Utilities Department's project known as North and South Roads Stormwater Improvements. D. PROPOSED RESOLUTION NO. R13 -046 - Approve Waiver of Right of First Refusal for The Estate of Myrtle Lee Marshall of 309 N.W. 11th Avenue, Boynton Beach, Florida, 33435. E. Accept the resignation of Dana Rushing, as a regular member of the Community Relations Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS 147 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 A. Approve the settlement of the public records lawsuits filed by Joel Edward Chandler and Robert Scott Chandler Motion Commissioner Casello moved to approve. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 13 -014 - FIRST READING - Approve The Boynton High School Commercial Center (LUAR 13 -002) reclassifying subject property from Public and Private Governmental /Institutional (PPGI) to Mixed Use (MX); and Attorney Cherof read Proposed Ordinance No. 13 -014 by title only, on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). PROPOSED ORDINANCE NO 13 -015 - FIRST READING - Approve The Boynton High School Commercial Center (LUAR 13 -002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU -1-1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 13 -015 by title only, on first reading. Motion 148 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner Casello inquired if the land use would change, if the item was approved, whether the project continued or not. Attorney Cherof replied that would be true, if the request is approved after second reading in two weeks. Commissioner Fitzpatrick questioned if the plans go through and someone else has ownership the change would be permanent. If the project failed and the City retained ownership, the original zoning could be reinstated. Attorney Cherof responded the use could be changed if the City retained ownership. The request is City- initiated. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). 10. CITY MANAGER'S REPORT A. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the seven (7) month period ended April 30, 2013. Ms. LaVerriere indicated the item was the standard monthly report. Motion Commissioner Fitzpatrick moved to accept the report. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Receive a report reviewing the background, updating the current status and requesting consideration of a No -Build Easement for the Old High School project. Ms. LaVerriere recalled the matter had been continued from the last meeting and Attorney Cherof had prepared an actual easement document. Attorney Cherof advised he had sent an email with a drawing of the property depicting the easement and reflecting the sidewalk area. A map had just been received by staff and it was being analyzed. Some preliminary comments were given, but it is anticipated there would be more comments. The portion under review is the upper portion. The 149 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 original no -build easement is the same as previously submitted and could be disposed of at this time. Mayor Taylor was not in favor of the no -build easement. Vice Mayor Hay surmised the granting of the no -build easement would allow the developer to move forward with the interests of the City still protected. The City could abandon the easement if there was a desire for a structure in the easement area. It would impact the timeline if not granted. He would support the request at this time. Mayor Taylor felt the proposed plans would block off the Children's Schoolhouse Museum. The Museum was told it could not build to the west and yet the Old High School developer is being permitted to build to the east. There was confusion about the easement area between the two structures. Nancy Byrne, Director of Development, and Andrew Mack, Building Official and City Engineer, clarified there is 10 feet on the developer's side to his property line and then a 20 -foot no -build easement on the City's property. The new property line would include a 20 -foot easement to the east of the new addition. Commissioner Casello asked about the western gazebo in front of the Museum and Mr. Mack responded it would be removed at the developer's expense. Commissioner Merker did not see the project would be for the betterment of the City of Boynton Beach and he would not support the request. Commissioner Fitzpatrick had spoken with the developer who explained the easement would allow for a glass wall. There has to be a 30 -foot separation to contain a radiant heat problem if there was a fire inside the glass. He did not have a problem with the easement in lieu of a firewall, basically, but he did not agree with the previous agreement to give the developer the walkway area. Instead of easements back and forth, he suggested the walkway land remain as property of the City. It is correct to the east is an open 30 feet, but the corner of the glass addition closest to the Museum would be 13 feet at an angle. The walkway could still be used and it would look eclectic. Mayor Taylor noted the change would involve a modification of the site plan and the project would be delayed to start over. Commissioner Fitzpatrick had indicated to the developer he would not vote for the request unless there was a letter of understanding submitted. The developer did advise it would take a couple months for a survey to get the easements straight and it would all be done before any permits were pulled. Commissioner Fitzpatrick contended there was a letter of understanding that the land would be returned to the City. 150 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Attorney Cherof pointed out there had been representations to that effect; however, no legal, binding document had been submitted and there was nothing in the approved development agreement or agreement to convey the property that addressed the issue. There would have to be modifications made and clarification before it would be binding. Commissioner Merker remarked it was a slightly different issue, but was more confusion on the part of the developer. There were too many questions and it would be better to start over again. Mayor Taylor cautioned there is a July deadline and he felt the developer could not address Commissioner Fitzpatrick's concerns in that timeframe. Commissioner Casello inquired who would be responsible for the maintenance of the easements as suggested. Attorney Cherof replied, under the terms of the current agreements, the sidewalk would be the developer's property and his responsibility to maintain. Attorney Cherof noted it is referred to as a condition of approval in the site plan to be brought before the Commission at the next meeting. Commissioner Merker heard questions from the tone of Attorney Cherof's remarks and reiterated a vote should not be taken if questions remain unanswered. Ms. Byrne advised the site plan had been before the Planning and Development Board and would be brought before the Commission at the next meeting, so the site plan and second reading of the land use and rezoning can coincide. The easement area that the City would be giving to the developer was the current issue before the Commission. Commissioner Casello indicated he had visited the site on several occasions to visualize the proposed plans and aesthetically it would be unappealing. There would only be 13 feet between the two buildings and would detract from the Museum. Removing one of the gazebo type structures in the front of the Museum would be a mistake. Motion Commissioner Fitzpatrick moved to grant the firewall easement. Vice Mayor Hay seconded the motion. Vote The motion passed 3 -2 (Mayor Taylor and Commissioner Merker dissenting). Commissioner Casello remarked the plans were not aesthetically pleasing to the eye. From a financial standpoint, he wanted to see the project succeed and there remained many roadblocks for the developer to overcome. 12. NEW BUSINESS 151 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 A. Consider request by Mr. David Katz to reevaluate the City Manager's decision regarding a violation of the City's former Lobbying Ordinance. Commissioner Merker wanted confirmation that the Ordinance in question no longer existed. Attorney Cherof agreed and related the Commission had revoked its own procedures in favor of the County regulations that control the same issues. He thought the decision should be withdrawn. Motion Commissioner Merker moved that the decision be turned down. Commissioner Fitzpatrick seconded the motion. Vice Mayor Hay supported the concept and noted the County has the database established and can be accessed on the web site. It is free for any lobbyist to register and it should not be an issue in the future. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -010 - SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. (TABLED ON 5121113) Motion Vice Mayor Hay moved to remove from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 13 -010 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Fitzpatrick understood there was a section relating to Building Officials getting authorization to enter a building and it seemed broad. There is a further 12 152 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 statement of the steps needed to be taken to gain entry against the owner's will. Attorney Cherof agreed and it had recently been dealt with and it was very difficult to gain access. Mayor Taylor opened the issue for public comment and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 13 -011 - 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.(TABLED ON 5121113) Motion Vice Mayor Hay moved to remove from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 13 -011 by title only, on second reading Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion Commissioner Fitzpatrick inquired if the current ordinance would be approved, could the provisions then be changed again. Attorney Cherof replied some areas could be changed in the future, but not at the next Commission meeting. Commissioner Fitzpatrick expressed concern that the request was a narrowly defined use of Park and Recreation facility impact fees. There are now 14 new ways to spend the money. It appeared the request was an attempt to use allocated money for other expenses such as administrative fees that would normally be general operating expenditures. The intended use for the fees was for new parks and the request now covers expenses for replacing equipment for current parks. Commissioner Fitzpatrick saw the change as shortchanging the future. Mayor Taylor opened the issue for public comment. Walt Smyser, 1445 Via De Peppi, agreed with Commissioner Fitzpatrick and contended the State laws relating to impact fees should be reviewed. They specifically 13 153 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 require that the funds be used for improvements and upgrades and not operating and maintenance costs. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Fitzpatrick dissenting). C. PROPOSED ORDINANCE NO. 13 -012 - SECOND READING - PUBLIC HEARING - 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. Attorney Cherof read Proposed Ordinance No. 13 -012 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 13 -013 - SECOND READING - PUBLIC HEARING - 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. Attorney Cherof read Proposed Ordinance No. 13 -013 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Fitzpatrick needed clarification on the clause, "the design of pedestrian friendly, vehicular circulation areas ". Mike Rumpf, Planning and Zoning Director, explained the purpose of the section falls under the purpose and intent. The general design guidelines are objective and a description of the purpose of the mixed -use zoning regulations. The emphasis in the design of such areas, when converted to transient oriented development and districts, is on pedestrian - friendly access. The development should be designed with pedestrian connectivity prominent within or 14 154 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 between projects and to public amenities, infrastructure, services and transportation modes. Generally, development should not dissect pedestrian pathways. It can include raised platforms or greater striping signature to the pedestrian crossing of a roadway. The object was to raise the project to a higher standard of design. The emphasis was on the redevelopment area and downtown core and specifically within the station area. The language applies to the mixed -use zoning districts. The intent is to convert those districts to transit oriented development design standards or incorporating some in a phased means. Commissioner Fitzpatrick was concerned the regulations were making it more difficult for vehicular traffic and perhaps create gridlock and slow traffic. He wanted to be shown how these types of traffic constraints would actually work. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 13 -016 - FIRST READING - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. Attorney Cherof read Proposed Ordinance No. 13 -016 by title only, on first reading Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Casello inquired if the charges were to make it easier to read meters. Ms. LaVerriere indicated it did simplify the process and calculations. Chris Roschek, Engineering Division Manager, Utilities, replied it simplified the calculation process when a new development comes in and the capital facility charges for commercial businesses are calculated. Mayor Taylor opened the issue for public hearing Walt Smyser, 1445 Via De Peppi, was in agreement the fees should be increased. However, he thought the charges should be reviewed as it appeared the City was undercharging for the fees compared to Lake Worth, West Palm Beach and Palm Beach County. Since the charges are based on an entity buying a fair share of the capacity of the utility when opening a business, the City was undervaluing its utilities and causing the current customers to offset the cost for new developments. 15 155 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vote City Clerk Prainito called the roll. The vote was 5 -0. F. PROPOSED ORDINANCE NO. 13 -017 - FIRST READING - Approve an Ordinance removing unnecessary language on voting by board members Attorney Cherof read Proposed Ordinance No. 13 -017 by title only, on first reading. Motion Commissioner Fitzpatrick moved for approval. Commissioner Casello seconded the motion. Commissioner Fitzpatrick surmised all the language was deleted and became nothing. Attorney Cherof noted when the City abolished its own lobbying regulations and other Ethic Code regulations and went under the County, the revisions deleted provisions of the current Code that now conflict with the County's provisions. Vote City Clerk Prainito called the roll. The vote was 5 -0. G. PROPOSED ORDINANCE NO. 13 -018 - FIRST READING - Approve an Ordinance regarding rules of construction Attorney Cherof read Proposed Ordinance No. 13 -018 by title only, on first reading. Motion Commissioner Fitzpatrick moved to approve. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. H. PROPOSED ORDINANCE NO. 13 -019 - FIRST READING — Approve establishing the City's local hearing process for Read Light Camera citations. Attorney Cherof read Proposed Ordinance No. 13 -019 by title only, on first reading. He further commented that the State legislature had passed a bill that involved an overhaul of the red light camera statute. The proposed ordinance would adapt the City Code to the State law. The Governor had not signed the bill as yet. When it is signed the law would take effect July 1 and after that date, if an ordinance is not in place, the City would not be able to collect any fines associated with the camera violations due to the 16 156 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 lack of a procedure that conforms to the State law. It can be adopted on second reading, if necessary. Motion Vice Mayor Hay moved to adopt. Commissioner Fitzpatrick seconded the motion. Vice Mayor Hay inquired if the hearing process for the violations would fall to the City rather than the County and the City would assume the cost of the magistrate. Attorney Cherof concurred the process would shift from the court system, to a local process with a special magistrate, hired by the City Commission, and the City would assume the cost. Ms. LaVerriere reported the total fines received were approximately $2.5 million; however, $1.3 million goes to the State and $800,000 to the vendor. The balance of funds was used to pay for two Community Service Officers who monitor the footage, make the determinations and process the violations. Approximately $200,000 is transferred from the fund to the General Fund. Vice Mayor Hay suggested the vendor may be willing to share in the cost of the magistrate to protect their profits also. Ms. LaVerriere agreed and would give the vendor ample opportunity to participate in the program change with the City. Commissioner Casello speculated on the consequences if the vendor refused to partner with the City. Ms. LaVerriere responded the law allows for a filing fee up to $250 to be applied if an appeal would be taken. The fiscal impact is uncertain in terms of administrative cost and hiring a special magistrate. The filing fee may cover that cost to the City. Ultimately, the City has an agreement with ATS and the City Commission may discontinue the agreement at the time of renewal. Commissioner Casello wanted to negotiate with the vendor before voting on the changes. Due to the time constraints of the legislature just recently passing the provisions, Ms. LaVerriere encouraged the Commission to adopt the changes on first reading and the details of the program can be discussed and fiscal impact clarified at second reading. If the Ordinance is not adopted by July 1 the red light program would have to be discontinued and no further fines can be assessed. It would have an impact on the budget, salaries for employees and revenues. Commissioner Merker agreed with Ms. LaVerriere and emphasized it would assist the City with revenue and at this point was merely a process to move forward. He would support the request. Commissioner Fitzpatrick offered it was an attempt by Tallahassee sending another unfunded mandate to the cities and the State receives half of the revenues and should share some of the expense. 17 157 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vice Mayor Hay clarified that the State, City and ATS share the revenue. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Consideration of fee amendments for Building and Planning & Zoning services - June 18, 2013. B. Request for funding of a WiFi project which will serve free broadband (WiFi) Internet access to the underserved areas of our community (06/18/13; tentative dependent on CRA Board decision on June 11, 2013). 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 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the brand promise statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:58 p.m. is 158 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 ATTEST: Janet M. Prainito, MMC City Clerk Judith A. Pyle, CMC Deputy City Clerk CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 159 of 643 6.H CONSENT AGENDA June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R13 -050 - Approve and ratify the Collective Bargaining Agreement for the Police Officers and Detectives unit of the Palm Beach County Police Benevolent Association and the City; PROPOSED RESOLUTION NO. R13 -051 - Approve and ratify the Collective Bargaining Agreement for the Police Sergeants unit of the Palm Beach County Police Benevolent Association and the City; PROPOSED RESOLUTION NO. R13 -052 - Approve and ratify the Collective Bargaining Agreement for the Police Lieutenants unit of the Palm Beach County Police Benevolent Association and the City EXPLANATION OF REQUEST: The term of the Collective Bargaining Agreements (CBAs) for Police Officers and Detectives, Police Sergeants, and Police Lieutenants units of the Palm Beach County Police Benevolent Association expired on September 30, 2012. The City and the Unions began bargaining successor agreements in May 2012. Bargaining was completed in May 2013. All bargaining units ratified the successor agreements on June 6, 2013. The term of the successor collective bargaining agreements is October 1, 2012 to September 30, 2013. As the final step in the collective bargaining process, staff is recommending that the Commission approve /ratify the successor agreements (attached) for implementation. Attachments: 160 of 643 Palm Beach County Police Benevolent Association — Police Officers and Detectives Palm Beach County Police Benevolent Association — Police Sergeants Palm Beach County Police Benevolent Association — Police Lieutenants Notice of Ratification Vote Outcome HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having successor agreements in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FISCAL IMPACT: The major monetary items remained as status quo and therefore have been budgeted in FY 12/13. ALTERNATIVES: Do not approve and ratify the agreements, which would result in maintaining the status quo for the contract period ending September 30, 2012 and return to the bargaining table for further negotiations of these contracts. 161 of 643 162 of 643 �F_ PALM IS I� PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC, 2100 N FIB, L , R�md 45-1 P.,!,,, R t F(, 33109-6400 (W) W9 -374� (561) 687-0154 Fax June 6, 2013 F t— 13-M jia,, Sent by Email transmission laverrierel(abbfl.us PM0 j And Regular U.S. Mail Nraest w. g, Lori LaVerriere, City Manager R,>nl 'AIP13PD City of Boynton Beach f "v, Di-1,, 100 E. Boynton Beach Boulevard Rwha�d WAf�, Boynton Beach, FL 33425 PBSO Re: Palm Beach County PBA and City of Boynton Beach I-, }e1.«<. Officers, Sergeants and Lieutenants Collective Bargaining Agreements WPUPD NOTICE OF RATIFICATION K hl t" Dear Manager LaVerriere: PB,so S""r,v As you know, this organization is the Florida certified exclusive collective bargaining representative for certain of your Police Department's officers, Palm Bca,h Gn,J, PI) detectives, sergeants and lieutenants. Yesterday, a ratification vote was completed and the results duly announced; the tentative Agreements between the Parties were ratified. Accordingly, accompanying this correspondence are two (2) duplicate original executed Collective Bargaining Agreements for each bargaining unit, as ratified by the bargaining units members. Please ensure the Agreements are presented to your City Commission pursuant to the Ordinance, and return to us one (1) completely executed original for each bargaining unit after your Commission's action. Thank you for your anticipated cooperation. Respectf Gary Llp General unsel GL/adt Ecopy: John Kazanjian, President PBA Reps The Voice o 'Paint Rea aunty Law b? rcuneat 'fb 162 of 643 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION — OFFICERS AND DETECTIVES FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Officers and Detectives have successfully concluded negotiations for a one (1) year contract, and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 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 to ratifb the Agreement and execute the same: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratifv the Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Officers and Detectives for the period of October 1, 2012 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a cope of said agreement being attached hereto as Exhibit "A ". Section 3. This Resolution will become effective inunediately upon passage. PASSED AND ADOPTED this day of Tune, 2013. 163 of 643 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) 164 of 643 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES OCTOBER I, 2012 -SEPTEMBER 30, 2013 165 of 643 TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 4 2 Recognition 5 3 Non - Discrimination 6 4 Dues Deduction 7 5 Union Business 8 6 Bulletin Board 9 7 Promotions & Demotions 10 8 Vacancies and Probation 13 9 Management Rights 14 10 Advisory Committee 16 11 Hours of Work and Overtime 17 12 Wages 19 13 Seniority 24 14 Additional Monetary Benefits 26 15 Uniforms 31 16 Medical Expenses 33 17 Group Insurance 35 18 Leaves 37 19 Holidays 42 20 Funeral Expenses 44 21 Equipment Maintenance & Safety 45 22 Training 46 23 Career Path Program 48 24 Personnel Records 50 25 Legal Action 51 26 Discipline 52 27 Grievance and Arbitration Procedure 54 28 Rights of Bargaining Unit Members Under Investigation 58 29 Past Practices 59 30 Personal Vehicles 60 31 Department Polices, Rules & Regulations 61 32 Posting 62 33 Complete Agreement and Waiver Clause 63 34 Severability 64 35 Duration 65 166 of 643 36 Take Home Vehicles 66 37 Longevity Pay 67 38 Detective First Grade 68 Signature Page 69 167 of 643 ARTICLE 1 PRRAMRI R This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter referred to as the "PBA ", for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. 168 of 643 ARTICLE 2 RECOGNITION The City hereby recognizes the Palm Beach County Police Benevolent Association ( "PBA ") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classifications: Police Officer and Police Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The City agrees that all correspondence, communication, or notice required by law or otherwise pertaining to bargaining unit members' wages, hours, and terms and conditions of employment shall be directed to: John Kazanjian, President Pahn Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Attention: General Counsel 169 of 643 ARTICLE 3 NON - DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non - verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origni, handicap, familial status, sexual orientation, age, or marital status. 6 170 of 643 ARTICLE 4 DUES DEDUCTION Upon receipt of a notice from the PBA and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain PBA membership as certified by the PBA. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. 171 of 643 ARTICLE 5 UNION BUSINESS Section 1 . Elected PBA representatives will be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the CITY. B. Processing of grievances. C. Accompanying a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. 2. The employee is presenting or responding to a grievance. 3. The employee is subject to interrogation in conjunction with an internal affairs investigation. 4. The employee is attending a pre - determination hearing. The CITY may stop the use of such time off if it interferes with productivity or staffing needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative shall be permitted leave to attend functions of the PBA, provided that such leave shall be at no cost to the CITY and representatives shall use the PBA time pool. The PBA representative must be a member of the bargaining unit. Section 2. No employee shall engage in PBA business while on duty except as referenced in Section 1. 8 172 of 643 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. 173 of 643 ARTICLE 7 PROMOTIONS & DEMOTIONS Section 1: Eligibility to Test A. Eligibility requirements to test for the Sergeants promotional examination process are listed in Police Sergeants Collective Bargaining Agreement. B. Eligibility requirements to test for the Detective First Grade — Must have five (5) years of consecutive service with the Boynton Beach Police Department as Police Officer by the closing date of the Detective First Grade job posting. Section 2: Examination Provisions A. The City will use material it deems occupationally relevant in conducting any promotional examination process. Material used will be communicated in the promotion announcement. B. There are no make up promotional examinations. However, should documented circumstances arise, which are beyond the control of the candidate, limited to: (1) military service, (2) approved bereavement leave requiring travel outside of Palm Beach County, or (3) approved leave in accordance with the Family and Medical Leave Act (FMLA), the employee may request in writing to the Chief of Police that (s)he be allowed to arrange an alternate test suitable to the City with a state - approved police academy, an accredited university, or a military approved facility before a 10 174 of 643 commanding officer. If approved in writing by the Chief of Police, the City will make special testing arrangements to administer tests at the same date and time and under similar conditions to candidates who can not appear at the regular test site. Section 3: Creation of Promotional List A. Promotional lists will be created based on the factors below: • Written Examination .........................50 Points • Practical Assessment .........................50 Points B. Points will be added to the final score for seniority as follows: Completed Years of Service Points 6 — 9 years ......... ..............................1 10 — 14 years ...... ..............................3 15 or more years .. ..............................4 C. Points will be added to the final score for the highest level of education attained as of the date of testing as follows: Education Points Associates or 60 credit hours ..................0.50 Bachelors.... . .................... ............... 1.25 Masters ................ ...........................2.00 Section 4: Selection from Promotional List A. Promotions made from the bargaining unit shall utilize a "rule of five." The Chief of Police may select any candidate from the current promotional list who is in the top five. As promotions are made, the names will continue to move up the list. 11 175 of 643 B. The Chief of Police may deny a promotion to any person on the promotional fist who has been suspended without out pay within the past three (3) years from the date of testing. C. The Chief of Police may deny a promotion to any person on the promotional list who is the subject of an active investigation by any law enforcement agency. Section 5. Bargaining unit members who are demoted, voluntarily or involuntarily, will regain the rank from which they were promoted. 12 176 of 643 ARTICLE S VACANCIES AND PROBATION Section 1. Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Section 2. Police Officer Recruits that are sponsored by the agency have a probationary period of one year that starts after passing the FDLE certification exam. Section 3. All newly hired certified officers have a probationary period of one (1) year from the date of hire. 13 177 of 643 ARTICLE 9 MANAGEMENT RIGHTS Section 1. The PBA recognizes that except as provided in this Agreement and by law the City has the exclusive right to manage and direct the Police Department. Accordingly, but not by way of limitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and lay off employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement or the law. H. Introduce new services, procedures, materials, facilities and equipment. 1. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification 14 178 of 643 L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the Department as determined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing /sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. Section 2. in the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented after said impact bargaining. 15 179 of 643 ARTICLE 10 ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the PBA, they may establish a joint committee. The PBA membership shall consist of persons designated by the PBA from within the position classifications covered by this Agreement, and members designated by the Chief of Police shall consist of persons within the Department, but outside the bargaining unit. Section 2. This committee may meet as needed by mutual consent, and meetings may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. if a meeting is held during working hours of an employee participant, said participant may be excused without loss of pay for that purpose. Attendance for a meeting outside of regular working hours shall not he deemed as time worked and participants will not receive additional pay or leave benefits. Section 3. Attendance by other than members of the PBA and City Administrative Officers will be by agreement of a majority of the members of the Committee and shall first receive the approval of the Chief of Police. 16 180 of 643 ARTICLE 11 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the members next regular pay check following the time worked. Employees who are in a duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in a duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. 17 181 of 643 Example: 6:53- 7:07 =7:00 7:08- 7:22 =7:15 7:23 — 7:37 = 7:30 7:38- 7:52 =7:45 Section 2. Pursuant to Article 9, Section 1D, it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. The City agrees that work schedules will not be changed solely for the purpose of avoiding the payment of overtime and/or overtime rates of pay as provided by this Agreement. Uniform Services shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the change. Section 3. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over -time, to work more than 16 hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. For the purpose of this section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. 18 182 of 643 ARTICLE 12 WAGES Section 1. Effective October 1, 2012 the following chart contains the current pay scale that is effective for all members of the bargaining unit. Adoption of the following pay scale does not guarantee movement from one step to the next in this or any future year unless movement is specifically provided for in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 19 183 of 643 Section 2. Promotion within the Bargaining Unit Effective upon ratification of this contract, a member who is promoted within the bargaining unit will receive a ten percent (10 %) increase to his/her base rate. The increase in rate will then be applied to the scale above, and, if it falls between two pay rates, the higher of the two rates will be applied as the new salary for the promoted member. if the new rate with the ten percent (10 %) increase is still below the starting rate for this rank, the member will be brought to the starting rate upon promotion. Section 3: Officers, while assigned as Field Training Officers and who have successfully completed the required 40 -hour training and other department regulations, shall be compensated an additional five (5 %o), provided they fit the following criteria; 1. Field Training Officer (FTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and marked police cruiser subject to the demands of receiving and handling calls for service from Communications as their daily routine are available to train newly employed personnel at a moments notice in the field. A. The department will maintain two FTO's assigned to the Training Division — responsible for newly hired probationary members' "In- Service" instruction, to include Phase One of the Field Training Program. 20 184 of 643 B. The department will maintain two FTO's assigned to the Traffic Division — responsible any /all traffic related training or instruction. 2. This member will be responsible for the "Field Training" of newly assigned probationary employees who will participate in an "In- Service Program ", ride in their police cars and be duly qualified to train and teach said new employee on day to day Police Patrol operations, functions and duties. 3. In the event the FTO is reassigned from Patrol, Traffic Div., or Training Div., (as defined in section 1. A &B) outside of this duty, they are no longer considered active FTO's and are no longer afforded any compensation. 4. The FTO is a voluntary assignment and not a promotion to any recognized rank. 5. An officer's assignment to FTO can be ended or suspended at the discretion of the Chief of Police. Section 4. Assignment Pay A. SWAT (Special Weapons & Tactics) Those members who have successfully completed testing and are selected as a member of the Police Department SWAT Team, shall be compensated an additional 10% for hazardous duty pay during those hours that the members are utilized in the resolution of hostage rescue, barricade incidents, or otherwise activated to perform some enforcement function 21 185 of 643 as a team. B. K -9 Unit. Members assigned to the K -9 Unit will receive one (1) hour of overtime for K -9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K -9 officers will be allowed one (1) hour of duty time per work day to tend to K -9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K -9 care, equipment maintenance and vehicle cleaning. Section 5. All bargaining members should at least make the current base salary. The following Officers Baldino, Schrecengost, Rivera, and Melo should be brought to the current starting pay effective upon ratification of this Agreement. The aforementioned officers will receive the increase of their earnings retroactively to the date of completion of their probationary status. Section 6. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which will alter or affect the flow of revenue to the City during the term of this agreement, the wage /rate of pay articles of the Agreement may, at the written request of the City, be reopened for negotiations. Reopened negotiations shall commence and be concluded within forty -five (45) calendar days of the date the City gives written notice to the PBA of the City's request to reopen 22 186 of 643 negotiations. If an agreement is not reached within forty -five (45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City Commission at the second Commission meeting following the expiration of the forty -five (45) days. The City and the PBA waive the appointment of as special magistrate to resolve the impasse and agree that the City Commission shall resolve the impasse issues in accordance with the provisions of 447.403 Florida Statutes. During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not result in a ratified agreement, as imposed by the City Commission through the impasse process. 23 187 of 643 ARTICLE 13 SENIORITY Section 1. The City agrees that seniority shall consist of continuous accumulated paid sworn service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern the following matters: A. Filling temporary vacancies. See Article 14, Section 3. B. Layoffs will be in reverse order of seniority. C. Selection of day or night shift and starting time. D. Any special event (Holiday Parade, July 4th, or any other event) shall be offered through a rotating list of bargaining unit personnel based upon Department seniority. This section does not apply to special details which require specified and established training and skills. Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. 24 188 of 643 Section 4. In the event of a declared emergency alternate shifts or work schedules may be adopted by the Chief of Police as needed. Section 5. Bargaining unit members who are demoted, voluntarily or involuntarily, and thereafter regain the rank from which they were demoted, shall have their seniority in rank bridged upon completion of their promotional probation. This will be applied retroactively to all employees for the purposes of call sign and pay scale calculations. Example: A Detective with five (5) years in rank is demoted to patrolman. After three (3) years as a patrolman, the former Detective is promoted again to Detective. Upon completion of his or her probationary period, the subject Detective is a six (6) year Detective; that is, he or she has six (6) years seniority in rank. Section 6. it is understood and agreed that bargaining unit members who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. 25 189 of 643 ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half'. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by the end of the month of August. Section 2. Special Detail Assignment All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. Bargaining unit members assigned to a special detail shall comply with all current department policies and procedures in effect. Section 3. Call back is defined as any time an officer is called into work when he /she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall be compensated for the actual time worked, but not less than three (3) hours at the rate of pay one and one -half (1 1/2) times his or her regular rate of pay. When an officer is called for call back he /she will be guaranteed a minimum of three (3) hours at time and 26 190 of 643 one -half and at his /her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether or not he/she should arrive in uniform or in plain clothes, if the option is available. Call back procedure as outlined in Section 3 of this article will be utilized as follows: Step l: Vacancies will be filled with the off -going shift platoon by seniority. Step 2: These vacancies will be first offered to all Road Patrol Officers called in through seniority list. A. The list will start with the most senior road patrol officer eligible to work call- back overtime by ID number. B. in the event the shift vacancy is filled, the list will reset to the most senior road patrol officer. Step 3: All other personnel eligible for call-back overtime by seniority. A. Must be eligible to work the entire shift vacancy. Step 4: Detective First Grade personnel called in by seniority. A. Must be eligible to work the entire vacancy. Step 5: Ordered in by reverse seniority. Section 4. Court Time A. Court time will be paid at time and one -half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one -half. 27 191 of 643 B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off -duty hours shall be paid one -half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 5. On Call Any bargaining unit member who is on an "on -call" (on- pager) basis other than court time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be placed "on- call" without the approval of a division commander or other member authorized by the Chief of Police. Section 6. The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any 28 192 of 643 officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 7. Shift Changes - Employer An officer will be given adequate advance notice as determined by the Chief of any change in his /her regular hours of work except when an emergency exists. Notice given less than forty -eight (48) hours before any changed schedule (assignment days or days off) is to take effect, entitles the officer to receive compensation at the rate of one and one -half (1.5) times his/her regular salary for the first day of his/her tour of duty. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no overtime compensation. Section 9. Officer in Charge ( "OTC') or Investigator in Charge ("TIC") Whenever a bargaining unit member is assigned to fulfill the responsibilities of a supervisor for a period of four (4) or more consecutive hours, his /her regular rate of pay shall be increased by five percent (5 %) for all such hours. 29 193 of 643 A. The City agrees that when assigning a Police Officer supervisory duties it shall designate the officer on -duty who is highest on the promotional list for Sergeant. If there is neither a promotional list nor an on -duty officer on the list, if a list exists, the City agrees to assign the most senior on -duty Field Training Officer as OTC. B. The City agrees that when assigning an Tnvestigator or Detective supervisory duties it shall designate the senior Detective 1 Grade, the Investigator who is highest on the promotional list for Detective 1" Grade, or the senior Investigator (in that order) to that assignment. If there is neither a promotional list nor an on- duty Investigator on the list, if a list exists, the City agrees to assign the most senior on -duty Detective 1" Grade or Investigator as the TIC. 30 194 of 643 ARTICLE 15 UNIFORMS Section 1. The City will provide up to three (3) full uniforms per year and shoes every six (6) months on an as -need basis. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief, and if adequate funds are available in the City Budget. The Detectives and other members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, a total of $1,600.00 a fiscal year, paid in $400.00 installments at the end of each quarter and pro -rated as appropriate. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement 31 195 of 643 equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. 32 196 of 643 ARTICLE 16 MEDICAL EXPENSES Section 1. Members of the bargaining unit will be responsible for scheduling mud completing a physical examination every other year beginning in October 2008. Physicals will be completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not to exceed $100.00. The city will not be responsible for expenses if they exceed $100.00 and if this occurs, the physical exam and its expense will be a voluntary item for the bargaining unit member The results of the physical will be reported to the City on a forth approved by the City for such propose. Section 2. Any condition of disability resulting from Hepatitis, Acquired immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1, established to have been occurred in the line of duty shall be covered the same as any other duty injury. Section 3. The City shall provide an immunization schedule during the life of this Agreement for any member who wants to be immunized for Hepatitis -Type B. it is incumbent upon the bargaining unit member to notify the Department should they desire said immunization. Said immunization shall be administered by medically qualified personnel. Section 4. The City shall bear the costs of lead testing for the Range Instructor(s). 33 197 of 643 Section 5. The City will provide for AIDS and Hepatitis screening in all instances where a member is exposed to situations /persons presenting a biological contamination threat. Results of these tests will be kept confidential. 34 198 of 643 ARTICLE 17 GROUP INSURANCE Section 1. Medical, Vision and Dental Insurance The City shall pay the total medical, vision and dental insurance premium for all bargaining unit members. The members will pay the full cost of medical, vision and all but $7.00 (see Section 3 of this article) of the dental insurance for their dependents. Existing coverage levels and benefits shall remain in effect until September 30, 2013. In the event the City changes benefit options for employees after September 30, 2013, then the health insurance coverage for the employee and their dependants may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form a benefits committee to be comprised of an equal number of non - represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the PBA. The final decision regarding selection of insurers is reserved to the City, but the City shall strongly consider input and recommendations from the benefits committee. 35 199 of 643 Section 2. Life Insurance Members of the bargaining unit shall be covered by 535,000 of group life insurance with the premium paid by the City. Section 3. Dental insurance A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. Section 4. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. 36 200 of 643 ARTICLE 18 LEAVES Section 1 . Annual Leave - Vacation A. All employees will follow the following vacation schedule: Years of Service Vacation Hours I year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 vears 152 8 years 160 9 nears 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 vears 192 18 years 192 19 vears 192 20 years 192 21 vears & after 200 Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may he made with twenty -four (24) 37 201 of 643 hours advance notice or less. All other requests submitted less than 30 days shall be on a first come first serve basis regardless of seniority. C. Request for emergency vacation leave will considered individually by the Chief. Section 2 . Sick Leave A. Employees will earn ninety -six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. Employees who have more than one hundred twenty (120) hours of sick leave as October 1, of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in any fiscal year. 38 202 of 643 Section 3. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed 80 hours, to be transacted anytime during the calendar year. C. Sharing Sick Leave 1. It shall be the policy of the City to permit an employee to donate accrued sick leave time to another employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time when that employee has exhausted all accrued sick leave and vacation leave. (2) Extraordinary circumstances shall be defined as lengthy hospitalization, extended illness, or injury, of the member or the members immediate family. D. Sick leave for medical appointments is permissible and should be scheduled at least 48 hours prior to the appointment when possible. E. No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling session, the member will be informed of the reasons he or she is being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re- evaluated in six months. If not re- evaluated within ten working days after the six month period the unit member 39 203 of 643 will be removed from restricted sick leave. No employee shall be subjected to "house calls" by supervisors or their designees unless they have been placed on formal restricted sick leave or a documented reason for the visit is produced on each and every occasion and forwarded up the chain of command. F. At the employee's option, the employee may convert excess sick leave time as defined in accordance with this section to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 4 . Personal Time A total of forty -six (46) hours for personal time per year will be allowed. Personal time will not be accumulated from year to year and will not be paid out upon termination of employment. Personal time is to be used in the same manner as vacation. Section 5. Bereavement Days Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother -in -law, father -in -law, sister -in -law or brother -in -law, grandparents of spouse and any permanent family member of the household, such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive shifts shall be allowed. Employees must verify attendance in writing, in order to be eligible for this article. The City Manager may grant additional leave under this section, except 40 204 of 643 that such additional leave shall be debited against the employee's accrued sick or annual leave. 41 205 of 643 ARTICLE 19 HOLIDAYS Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit whether or not the holiday is worked. Section 3. Holiday Conversion A. Under this Section a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5). B. Members who sign up for this section must do so between October 1st and October 31st of each contract year via memo to the Division Commander. C. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. 42 206 of 643 D. Members exercising this option may use a vacation day instead of working the holiday. The vacation hours will be paid at straight time. E. Members not assigned to work on the holiday will receive their normal weekly pay. F. Members leaving service with the Department or City who participated in the Holiday Conversion plan will owe the City for those holidays for which they were already compensated either through loss of vacation credits or deduction from funds due from the City. Section 4. The City agrees that bargaining unit members' hours of work and/or work schedule shall not be altered to avoid the payment of holiday pay or hours. 43 207 of 643 ARTICLE 20 FUNERAL EXPENSES Section 1. The City will make a payment of $15,000.00 to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. 44 208 of 643 ARTICLE 21 EQUIPMENT MAINTENANCE & SAFETY The City, as a management responsibility, will maintain vehicles and equipment in a safe condition and in accordance with law or ordinances. Bargaining unit members accept the responsibility for checking vehicles prior to use and for completing City provided forms for any defects which are discovered. Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who will make a judgment call concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he /she may ask that the next level of supervision review his /her concern, and that Shift Commander will be the final judge on the safety of the equipment and the appropriate action to take at that time. 45 209 of 643 ARTICLE 22 TRAINING Section 1. All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Reimbursement A. The City will provide for those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade received for that class. The member is to pay for the tuition and books and be reimbursed, at state college /university rates. Employees who were already in the college tuition reimbursement program as of April 1, 2005 who are attending private schools are grandfathered in at private school rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books 46 210 of 643 "B" equals 100% of tuition and books "C" equals 50% of tuition and books College and/or university programs must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. B. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. 47 211 of 643 ARTICLE 23 CAREER PATH PROGRAM Section 1. The purpose of this program is to establish guidelines for a Career Path Program for uniformed police officers below the rank of Detective /Sergeant. Section 2. The Career Path Program is designed to accomplish a three -fold purpose and is voluntary in nature: A. Recognize and reward the officer through his/her training and educational achievements. B. Provide a career development path for Rank of Police Officer. C. Promote long term dedicated employees by offering incentives, alternatives and guidelines. Section 3. The Police Officer Skill Levels I11. 11. and I shall be as follows: B. Skill Level Two (11) 1. Time in grade: 5 - 10 years continuous service 2. Education Requirement (job related): 160 hours - Career Incentives or Training Courses 3. Average or above average performance evaluation for the past two (2) years. 4. Incentive pay increase - 5 %. C. Skill Level One (1) 48 212 of 643 I . Time in grade: 10 plus years continuous service 2. Educational Requirement: 400 hours - Career Incentives or Training Courses or a bachelor degree from an accredited college. 3. Average or above average performance evaluation for the past two (2) years. 4. incentive pay increase - 5% above the skill level (11) (total of 10% increase) Section 4. A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, if max out on career incentive, can use /pursue career path). Section 5. If a police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received under this program be considered in establishing their new rate of pay. Section 6. The Parties agree that the current Career Path Program shall be continued during the term of this Agreement and restricted to members currently participating in the program prior to October 1, 2007. 99 213 of 643 ARTICLE 24 PERSONNEL RECORDS Section 1. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee. Section 2. A personnel file for all City employees is maintained by the City Human Resource Department Section 3. Internal affairs investigatory files will be maintained in accordance with Fl. State Statutes. Section 4. All bargaining unit members covered by this Agreement must be notified within 24 hours in writing (E -mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel /I.A. file. 50 214 of 643 ARTICLE 25 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his /her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 51 215 of 643 ARTICLE 26 DISCIPLINE Section 1 . The Parties recognize that the interests of the counnunity and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2 . No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Section 3. Any bargaining unit member who has been promoted consistent with and pursuant to Article 7 herein who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, whichever is more favorable 52 216 of 643 for the member. Personnel re- entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4 . No bargaining unit member shall be suhject to demotion, termination, or a suspension without pay of more than two (2) days without first being afforded the right to a pre- determination conference with the City Manager. 53 217 of 643 ARTICLE 27 GRIEVANCE AND ARBITRATION PROCEDURE Section 1 . A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Section 2 . Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3 . In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1 The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. if the Chief of 54 218 of 643 Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief of Police's reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one (1) shall be selected. The arbitrator's decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the 55 219 of 643 arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Patties. Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Section 5 Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon in writing for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. (1) The selection of an arbitrator must be completed within fifteen (15) working days of receipt of an arbitrators panel provided by the FMCS. Failure to strike the arbitrators panel and select an arbitrator within fifteen (15) working days will result in the untimely Party's acceptance of the timely Party's selection of any arbitrator from the FMCS or AAA list provided. (,2) After an arbitrator has been selected, the arbitration heating shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. (3) Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Heating or after receipt of the transcript, if a transcript is requested. By mutual agreement of the Parties, the transcript may be submitted to the arbitrator in lieu of briefs. 56 220 of 643 (4) The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs. Section 6 . The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 7 . A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. Section 8 . Settlement of grievances prior to the issuance of an arbitration award shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. Section 9. Whenever a grievance is general in nature, in that it applies to two (2) or more bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. 57 221 of 643 ARTICLE 28 RIGHTS OF BARGAINING UNIT MEMBERS UNDER INVESTIGATION The City of Boynton Beach agrees that in the investigation of all bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) will be observed and practiced. The PBA may post a copy of Sections 1 12.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6. 58 222 of 643 ARTICLE 29 PAST PRACTICES All employment practices listed below shall remain in effect: A. Locker room shower, gym B. Shoes every six (6) months. C Provide weapons, equipment, gear appropriate to assignment. D. Bullet proof vests. E. Jackets, raincoat, boots. F. Desk space, office supplies. G. Approved and required travel expenses. H. Use of City vehicles for court when available. 1. Three (3) complete uniforms per year, as needed. 59 223 of 643 ARTICLE 30 PERSONAL VEHICLES Section 1. When an employee is required to use his /her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 60 224 of 643 ARTICLE 31 DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. in the event of a conflict between the rules and specified provisions of this Agreement, the Agreement shall control. Section 2. In the event the City intends to amend or revise an existing rule or intends to implement any new rule, it shall give notice to the Union as required by law and this Agreement. 61 225 of 643 ARTICLE 32 POSTING Vacancies in positions or assignments will be posted in -house no less than (30) thirty days before the application deadline for the position or assignment. Anyone applying for a posted position must meet the qualifications on the final day of posting; for example, while the applicant may not be eligible at the time his/her application is submitted, if the applicant will satisfy all of the qualifications by the final day of posting, the application shall be accepted and considered. 62 226 of 643 ARTICLE 33 COMPLETE AGREEMENT AND WAIVER CLAUSE Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement and the City's Personnel Police Manual and not under any Civil Service Rule /Regulation and heretofore in existence. 63 227 of 643 ARTICLE 34 SEVERABILITY Section 1. if any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. in the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 64 228 of 643 ARTICLE 35 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2013 or the date upon which a successor Agreement is ratified, whichever is later. in the event a successor Agreement is not ratified by October 1, 2013, all of the provisions of this Agreement shall remain in full force and effect during the time intervening, including the periods during which the Parties are negotiating a successor Agreement and/or are engaged in impasse proceedings. No base wage increase, step, cost of living, or other compensation adjustments shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 65 229 of 643 ARTICLE 36 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the tern of this Agreement and to purchase as reasonably possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. A Member is eligible for a take home vehicle if the Member has three (3) years of sworn service with the department and resides within 20 miles of the City limits. Section 3. Vehicles will be assigned on the basis of seniority (by 1D number). with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Section 5. A member who lives beyond the 20 mile radius described in paragraph 2 above will be assigned a specific vehicle from the pool but may not take his/her car home. 66 230 of 643 ARTICLE 37 LONGEVITY PAY Section 1. In order to provide benefit incentives to long -term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full -time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5`') anniversary a lump sum payment of $500.00. On the employee's tenth (10` anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15 anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20 ") anniversary a lump sum payment of $2,000.00 On the employees twenty -fifth (25 "i) anniversary a lump sum payment of $2500.00 This 25 anniversary payment will be added in this year of the contract so as a one time agreement that if any employee who has surpassed their 25` tear of service and is not enrolled in the DROP plan will receive this payment on October 1, 2007. All other employees will receive this payment upon their actual anniversary date. Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay. 67 231 of 643 ARTICLE 38 DETECTIVE FIRST GRADE The rank of Detective First Grade, now having been fully re- established in the agency and organizational chart will continue as follows. The current promotional list will immediately expire upon ratification of this contract. Newly promoted Detective First Grade must subsequently complete a one (1) year probationary period. The promotional list shall be valid for one year from the date the official list is published. 68 232 of 643 Agreed to this _ day of by and between the respective Parties through the authorized representatives of the PBA and the City, Witness Witness By: Mayor —Te;r Taylor ATTEST: Janet M. Prainito APPROVED AS TO FORM City Clerk AND CORRECTNESS: City Attorney City Manager Ratified by City Commission Ratified by Union Date Date 69 233 of 643 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION — SERGEANTS FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Sergeants have successfully concluded negotiations for a one (1) year contract, and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 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 to ratifb the Agreement and execute the same: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratifv the Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Sergeants for the period of October 1, 2012 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a cope of said agreement being attached hereto as Exhibit "A ". Section 3. This Resolution will become effective inunediately upon passage. PASSED AND ADOPTED this day of Tune, 2013. CITY OF BOYNTON BEACH, FLORIDA 234 of 643 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) 235 of 643 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2012 - SEPTEMBER 30, 2013 236 of 643 237 of 643 TABLE OF CONTENTS Article Page Preamble ...... ............................... 4 1 Recognition ... ............................... 5 2 No Strike or Lock - Out ....................... 6 3 Non Discrimination ........................... 8 4 Dues Deduction ............................... 9 5 PBA Representation ..................... 10 6 Bulletin Boards .............................. 11 7 Reproduction ......................... 12 8 Rights of Bargaining Unit Members Under Investigation ........................ 13 9 Management Rights ........................... 14 10 Discipline ............................... 16 11 Wages ...... ............................... 18 12 Worker's Compensation and Duty Disability 19 13 Call Back Pay . ............................... 20 14 Stand By Pay / On -Call Pay............ 22 15 Court Appearances ............................ 23 16 Bereavement Leave ............................ 24 17 Sick Leave .... ............................... 25 18 Vacation ...... ............................... 27 19 Holidays.... ...... ........ ......... .... 29 20 Funeral Expenses ............................. 30 21 Medical Expenses ............................. 31 22 Uniforms ...... ............................... 32 23 Personnel Records ............................ 33 24 Hours of Work and Overtime /Compensatory... 34 25 Shift Selection .............................. 36 26 Seniority... .......... __ ...... _ 37 27 Transfers /Shift Changes / .................. 38 28 Group insurance .............................. 39 29 Training and Tuition Reimbursement...... 41 30 Departmental Policies, Rules & Regulations ...................... 43 31 Special Details .............................. 44 32 Grievance and Arbitration Procedures ......................... 45 33 Past Practices ............................... 48 34 Entire Agreement ............................. 49 35 Personal Vehicles ............................ 50 36 Qualifications For a Bargaining Unit Position....... 51 37 Temporary Assignment ..................... 52 38 Savings Clause ............................... 53 237 of 643 39 Duration of Agreement ................. 54 40 Take Home Vehicles .................. 55 41 Longevity ............................... 56 Signatures ...... ............................... 57 238 of 643 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter referred to as the "PBA ", for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. 239 of 643 ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. The term "member" or "employee" will mean any member of the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission dated September 16, 2002, and comprises all full -time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. Section 3. The City agrees that all correspondence, communication, or notice required by law or otherwise pertaining to bargaining unit members' wages, hours, and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Attention: General Counsel 240 of 643 ARTICLE 2 NO STRIKE OR LOCK -OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick -out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or 6 241 of 643 of this Article may be dismissed or otherwise disciplined by the City. 242 of 643 ARTICLE 3 NON - DISCRIMINATION The City will not interfere with the rights of sergeants to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any sergeant because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non - verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. 243 of 643 ARTICLE 4 Upon reciept of notice from the PBA and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due to the employee, those dues and uniform assessments required to retain PBA membership as certified by the PBA. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this agreement or for thirty(30) days after notification of the revocation of the authorization to deduct by the employee. 244 of 643 ARTICLE 5 PBA REPRESENTATION Section 1. Neither Party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other Party. Section 2. The City shall recognize elected PBA representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. The Union representative must be a member of the bargaining unit. Section 3. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the Departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees from observing the Departmental chain of command except for receiving approval of release time with regard to their duty - related activities, notwithstanding their position as a PBA Representative. 10 245 of 643 ARTICLE 6 BULLETIN BOARDS Section 1. The PBA shall be provided with the use of a Sergeant's PBA bulletin board space at one (1) location in the police building. Section 2. The PBA agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of PBA meetings; notices and results of PBA elections; reports of PBA counnittees; rulings or policies of the PBA; recreational and social affairs of the PBA, and notices by public bodies. 246 of 643 ARTICLE 7 REPRODUCTION The City will post the Agreement on the City's shared drive or any other electronic distribution system. 12 247 of 643 ARTICLE 8 RIGHTS OF BARGAINING UNIT MEMBERS UNDER INVESTIGATION The City of Boynton Beach agrees that in the investigation of all bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) will be observed and practiced. The PBA may post a copy of Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6, 13 248 of 643 ARTICLE 9 MANAGEMENT RIGHTS Section 1. The PBA recognizes that except as provided in this Agreement and by law the City has the exclusive right to manage and direct the Police Department. Accordingly, but not by way of limitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and lay off employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be perfonned by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement or the law. H. introduce new services, procedures, materials, facilities and equipment. 1. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the Department as determined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing /sample handling procedures 14 249 of 643 as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented after said impact bargaining. 15 250 of 643 ARTICLE 10 DISCPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Section 3 . Any bargaining unit member who has been promoted who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, whichever is more favorable for the member. Personnel re- entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. 16 251 of 643 Section 4. No bargaining unit member shall be subject to demotion, termination, or a suspension without pay of more than two (2) days without first being afforded the right to a pre- determination conference with the City Manager. 17 252 of 643 ARTICLE 11 WAGES Section 1. Effective October 1, 2012 the following chart contains the current pay scale that is effective for all members of the bargaining unit. Adoption of the following pay scale does not guarantee movement from one step to the next in this or any future year unless movement is specifically provided for in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. Section 2. Promotion within the Bargaining Unit Effective upon ratification of this contract, a member who is promoted within the bargaining unit will receive a ten percent (10 %) increase to his /her base rate. The increase in rate will then be applied to the scale above, and, if it falls between two pay rates, the higher of the two rates will be applied as the new salary for the promoted member. If the new rate with the ten percent (10 %) increase is still below the starting rate for this rank, the member will be brought to the starting rate upon promotion. 18 253 of 643 ARTICLE 12 WORKERS' COMPENSATION AND DUTY DISABILITY Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until he or she reaches maximum medical improvement or two (2) years, whichever comes first. Section 2. Sworn bargaining unit members who sustain a serious injury on -duty while in fresh pursuit (as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who sustain a serious injury while engaged in law enforcement activities will receive a supplement to their workers' compensation that will provide 100 % of their base salary for up to one hundred eighty (180) calendar days UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATION PRECEEDING. Section 3. Bargaining unit members absent from work due to injury or illness unrelated to the performance of duty, shall have twelve (12) months to return to full duty. 19 254 of 643 ARTICLE 13 CALL -BACK PAY Section 1. The Department shall develop a call -back policy, based on seniority, which provides for the following: A. Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off -going shift or those currently on duty. This establishes that shift supervisors that end time is 0500 are eligible for the dayshift vacancy starting at 0430. The (30) minute overlap does not preclude off -going shift supervisors from eligibility, as long as the overlap is while the eligible supervisor is working and not after the supervisor has completed his shift and went of out service prior to the shift vacancy. B. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than an on duty, off going sergeant, the starting point on the seniority fist will be the name of the sergeant immediately after that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure. C. No employee shall work more than 16 hours in any 24 hour period absent a designated emergency. Section 2. On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will be paid at time and one -half of the regular rate of pay for each hour actually worked past their normally assigned shift. Section 3 . Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid at time and one -half their regular 20 255 of 643 rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate. 256 of 643 ARTICLE 14 STAND -BY PAY / ON CALL PAY Section 1. Employees directed to be on operational stand -by status or on call must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one -half (1 1/2) the employee's regular rate of pay for each day (24 hour period) on call. Section 2. In the event the bargaining unit member on call responds for duty, the bargaining unit member shall receive, additionally, Call -Back pay as provided in Article 13, Section 3. Section 3. Any member, regardless of their assignment, and are placed "ON CALL" status, must have the approval of the Chief of Police or his/her designee. 22 257 of 643 ARTICLE 15 COURT APPEARANCES Section 1. When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum of three (3) hours per day at time and one -half (1 1 /2) the employee's regular rate of pay, unless such court appearance occurs during the employee's regular working hours. Section 2. if court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. Section 3 . When a member has been ordered to remain on standby for court appearance purposes during the member's off -duty hours, he /she shall be compensated at a minimum of one hour at time and one -half (1 %) the member's regular rate of pay for the first hour and one -half (1/2) the member's regular rate orpay for all remaining hours. 23 258 of 643 ARTICLE 16 BEREAVEMENT LEAVE Section 1. in the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father -in -law, sister or brother -in -law, grandparents of spouse, domestic life partner, and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive working days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) working days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his /her designee on a case -by -case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify, in writing attendance at an out-of-state funeral in writing in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section. 24 259 of 643 ARTICLE 17 SICK LEAVE Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety - six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be charged against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate of 50 %. Section 2. Employees who have more than one - hundred - twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. it shall be the policy of the City to permit an employee to donate accrued sick leave time to another employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, when that employee has exhausted all accrued sick leave and annual leave to the equivalent of his /her current annual earned vacation rate. Extraordinary circumstances shall be defined as lengthy hospitalization, extended illness or injury of the member or the members immediate family. Section 4. Sick leave use for medical appointment is permissible and should be scheduled at least 48 hours prior to the appointment when possible. Section 5. No member shall be placed on restricted sick leave prior to being counseled by 25 260 of 643 the Division Cormnander informing the member of the reasons and allowing them an opportunity to explain the situation. if after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on restricted sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed 80 hours, to be transacted anytime during the calendar year. Section 7. Each bargaining unit member covered by this Agreement is eligible to receive 1 shift worth of hours of additional leave for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. 26 261 of 643 ARTICLE 18 VACATION Section 1. Vacation is earned and accrued on an hourly hasis. Each full time employee shall earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be charged against a member's bank of accrued time on an hour for hour basis. A bargaining unit member shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. For all bargaining unit members: Years of Service Vacation Hours Per Year 1 96 2 -3 120 4 128 5 136 6 144 7 152 8 160 9 168 10-15 176 16-20 192 21+ 200 27 262 of 643 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 — September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty eight (48) hours to thirty (30) days in advance. hi the event of conflicting requests for vacation dates, the senior member's request shall prevail if it was submitted twenty one (2 1) days prior to the date or dates requested. Vacations of three (3) consecutive shifts or less may be made within twenty -four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. No member shall be denied vacation nor shall vacation privileges be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. Section 6. All sergeants shall receive, in addition to the existing vacation accruals, 60 hours of personal time (non - accumulative and cannot create an overtime situation). Denial of a request for usage is not grievable. Section 7. Personal time is to be used in the same manner as vacation, however, personal time shall not be accumulated from year to year and shall not be included in termination pay. 28 263 of 643 ARTICLE 19 HOLIDAYS Section 1. Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual. Section 2. Holiday pay will be at time and one half (1.5) times regular pay for all members of the bargaining unit whether or not the holiday is worked. Section 3. A. Holiday Conversion. Under this Article a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance. B. Members who sign up for this section must do so between October 1" and October 31" of each contract year via memo to the Division Cormnander. C. Members exercising this option for conversion will be paid only straight time for the homy worked on the holiday. D. Members leaving service with the Department and City who participated in the Holiday Conversion plan will owe the City for those holidays for which they were already compensated either through loss of vacation credits or deduction from funds due from the City. E. Members may elect to take the holiday off and at their option deduct eight (8) hours vacation or take the holiday off without pay. 29 264 of 643 ARTICLE 20 FUNERAL EXPENSES Section 1. The City will make a payment of 515,000.00 to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall, on a fonn to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. 30 265 of 643 ARTICLE 21 MEDICAL EXPENSES Section 1. Members of the Bargaining unit will be responsible for scheduling and completing a physical examination every other year beginning in October 2008. Physicals will be completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not to exceed $100.00. The city will not be responsible for expenses if they exceed S100,00 and if this occurs, the physical exam and it's expense will be a voluntary item for the bargaining unit member. The results of the physical will be reported to the City on a form approved by the City for such purpose. Section 2. Any condition of disability resulting from Hepatitis, Acquired immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1, established to have been occurred in the line of duty shall be covered the same as any other duty injury. Section 3. The City shall provide an immunization schedule during the life of this Agreement for any member who wants to be immunized for Hepatitis Type — B. it is incumbent upon the bargaining unit member to notify the Department should they desire said immunization. Said immunization shall be administered by medically qualified personnel. Section 4. The City shall bear the costs of lead testing for the Range histructor(s). Section 5. The City will provide for AIDS and Hepatitis screening in all instances where a member is exposed to situations /persons presenting a biological contamination threat. Results of these tests will be kept confidential. 31 266 of 643 ARTICLE 22 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police sergeants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of 51600 per contract year, paid in 5400 installments at the end of each quarter and pro -rated as appropriate when assigned during each quarter to plain clothes duty. This allowance shall commence from the date of assignment on a pro -rate basis. Section 3. Sergeants assigned to plain clothes duty for more than three (3) months at a time will receive a clothing allowance in accordance with the above for the three (3) months and pro -rated thereafter. Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment. Plain clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the uniformed sergeant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. Section 5. Sergeants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given sergeants and pro -rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the normal cleaning allowance for sergeants. 32 267 of 643 ARTICLE 23 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept The member shall have the right to make duplicate copies of his or her own records at no expense to the member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all bargaining unit employees is maintained by the City Human Resources Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. Section 4. All citizen complaint files and internal Affairs investigations will be governed by Florida State Statutes and the Public Records destruction guidelines. Section 5. All bargaining unit members covered by this Agreement must be notified within 24 hours in writing (E -mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/1.A. file. 33 268 of 643 ARTICLE 24 HOURS OF WORK AND OVERTIMEXOMPENSATORY Section 1. The normal hours of work for bargaining unit members not assigned to the 11.5 hour day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours per day. Time and one -half shall be paid for all hours worked over forty (40) per work week. The City may round start mud end time of work and round to the quarter hour consistent with 29 C.F.R. ss' 785.48. Example: 6:53 - 7:07 =7:00 7:08- 7:22 =7:1.5 7:23 — 7:37 = 7:30 7:38 - 7:52 =7:45 Section 2. No work schedule, days off, hours of work, etc., shall be changed primarily for the purpose of avoiding the payment of overtime. Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man -made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. Section 4. One Sergeant per uniform services platoon per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive 30 minutes of overtime pay for performance of tasks generic to their position such as organization, shift preparation and review of subordinates work, provided they arrive to work 30 minutes prior to their scheduled shift. Section 5 Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of one 34 269 of 643 hundred (100) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. if not utilized by August 31, earned and accumulated Compensatory time shall be paid in September of the fiscal year. At the end of the fiscal year, all balances revert back to zero and begin new accrual for the new year. 35 270 of 643 ARTICLE 25 SHIFT SELECTION Section 1. The Chief of Police or his /her designee shall have discretion to determine the number of persons assigned to each shift and division within the Department. Section 2. The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary sergeant(s) for training purposes. The right to select shift shall not apply to probationary sergeants. 36 271 of 643 ARTICLE 26 SENIORITY Section 1. Seniority shall be computed from the date of promotion to sergeant. if two (2) sergeants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to determine the number of sergeants assigned to each division and each shift. Section 5. It is understood and agreed that bargaining unit members who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. 37 272 of 643 ARTICLE 27 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, without 48 hours notice, including days off, except in time of emergency, or as elsewhere defined in this Agreement. Section 2. Members may request to exchange shifts, provided that the exchange is approved by the member's supervisor. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. 38 273 of 643 ARTICLE 28 GROUP INSURANCE Section 1. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. Medical, Vision and Dental Insurance The City shall pay the total medical, vision, and dental insurance premium for all unit members. The members will pay the full cost of medical, vision and all but $7.00 (See Section 4 of this article) of the dental insurance for their dependents. Existing coverage levels and benefits shall remain in effect until September 30, 2013. In the event the City changes benefit options for employees after September 30, 2013, then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependant coverage for their dependants increase more than 15% during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance benefits committee to be comprised of an equal number of non - represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the PBA. The final decision regarding selection of insurers is reserved to the City, but the City shall strongly consider input and recommendations from the insurance advisory committee. Section 3. Life Insurance Members of the bargaining unit shall be covered by $35,000 of group life insurance with the premium paid by the City. 39 274 of 643 Section 4. Dental Insurance A group dental insurance program will be provided by the City and the City will pay the premium for employees and 57.00 per month of the premium for family coverage. 40 275 of 643 ARTICLE 29 TRAINING AND TUITION REIMBURSEMENT Section 1. All training required of the sergeant by the Police Department when oft duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. if the sergeant does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as sergeants. Section 3. College Tuition Reimbursement A. The City will provide for those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade received for that class. The member is to pay for the tuition and books and be reimbursed, at state college /university rates. Employees who were already in the college tuition reimbursement program as of April 1, 2005 who are attending private schools are grandfathered in at private school rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books "B" equals 100 % of tuition and books "C" equals 50% of tuition and books College and /or university programs must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates. Bachelor or Master degree with a curriculum directly related to the Police profession. 41 276 of 643 The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. 42 277 of 643 ARTICLE 30 DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. it is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specified provisions of this Agreement, the Agreement shall control. Section 2. In the event the City intends to amend or revise an existing rule or intends to implement any new rule, it shall give notice to the PBA as required by law and this Agreement. 43 278 of 643 ARTICLE 31 SPECIAL DETAILS Section 1. Off -duty police employment shall be defined as any police - related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified police o'ff'icers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. 44 279 of 643 ARTICLE 32 GRIEVANCE AND ARBITRATION PROCEDURES Section 1 . A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Section 2 . Grievances concerning working conditions not specifically covered by the terns and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3 . in the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1 The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. if the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through 45 280 of 643 Friday) of receipt of the Chief of Police's reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one (1) shall be selected. The arbitrator's decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties. Section 4 . By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Section 5 Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon in writing for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. A. The selection of an arbitrator must be completed within fifteen (15) working days of receipt of an arbitrators panel provided by the FMCS. Failure to strike the arbitrators 46 281 of 643 panel and select an arbitrator within fifteen (15) working days will result in the untimely Party's acceptance of the timely Party's selection of any arbitrator from the FMCS list provided. B. After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. C. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. By mutual agreement of the Parties, the transcript may be submitted to the arbitrator in lieu of briefs. D. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs. Section 6 . The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 7 . Settlement of grievances prior to the issuance of an arbitration award shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. Section 8 . Whenever a grievance is general in nature, in that it applies to two (2) or more bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. 47 282 of 643 ARTICLE 33 PAST PRACTICES All employment practices listed below shall remain in effect: A. Locker room shower, gym B. Shoes every six (6) months. C. Provide weapons, equipment, gear appropriate to assignment. D. Bullet proof vests. E. Jackets, raincoat, boots. F. Desk space, office supplies. G. Approved and required travel expenses. H. Use of City vehicles for court when available. f. Three (3) complete uniforms per year, as needed 48 283 of 643 ARTICLE 34 ENTIRE AGREEMENT The Parties agree that this Agreement constitutes the full and complete understanding of the Parties. This Agreement cannot be changed or altered unless it is by mutual consent by both Parties. in writing. 49 284 of 643 ARTICLE 35 PERSONAL VEHICLES Section 1. When an employee is required to use his /her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 50 285 of 643 ARTICLE 36 OUALIFICATIONS FOR A BARGAINING UNIT POSITION Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows: A. Five (5) years of continuous experience as a law enforcement officer with the City of Boynton Beach. It is understood and agreed that bargaining unit members who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. B. Must possess on effective date of hire and thereafter maintain FDLE certification. C. Must possess on effective date of hire and thereafter maintain a Florida driver's license. D. All Sergeants shall serve a one (1) year probation from the date of the appointment. During a Sergeant's probationary period, a Sergeant is subject to removal from appointment without statement of cause. E. A promoted Sergeant removed from his/her position during probation shall be reassigned to the position from which (s)he was promoted. 51 286 of 643 ARTICLE 37 TEMPORARY ASSIGNMENT Section 1. Sergeants acting in the capacity of Watch Commander shall he paid seven percent (7 %) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. 52 287 of 643 ARTICLE 38 SAVINGS CLAUSE Section 1. if any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the Parties that the invalid language be stricken. Section 2. In the event of such a determination, the Parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. All new promotions will have a one (1) year probationary term. 53 288 of 643 ARTICLE 39 DURATION OF AGREEMENT This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2013 or the date upon which a successor Agreement is ratified, whichever is later. In the event a successor Agreement is not ratified by October 1, 2013, all of the provisions of this Agreement shall remain in full force and effect during the time intervening, including the periods during which the Parties are negotiating a successor Agreement and engaged in impasse proceedings, if any. No base wage increase, step, cost of living, or other compensation adjustments shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 54 289 of 643 ARTICLE 40 TAKE HOME VEHICLES All bargaining unit members residing with twenty (20) miles of the City limits shall be provided a take -home car. Assigned vehicles shall be used for work purposes only. 55 290 of 643 ARTICLE 41 LONGEVITY PAY Section 1. In order to provide benefit incentives to long -term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full -time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5' anniversary a lump sum payment of $500.00. On the employee's tenth (10 anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15'') anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20' anniversary a lump sum payment of $2,000.00 On the employee's twenty -fifth (25 anniversary a lump sum payment of $2500.00 This 25" anniversary payment will be added in this year of the contract so as a one time agreement that if any employee who has surpassed their 25 year of service and is not enrolled in the DROP plan will receive this payment on October 1, 2007. All other employees will receive this payment upon their actual 25" anniversary date. Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay 56 291 of 643 Agreed to this _ day of , 2013_ by and between the respective parties through the gAthorized representatives of the PDA and the City. I - 2 11 IM - 17, @.I ary LtnanfQbneral Counsel Witness BY: Mayor — Jerry Taylor Witness ATTEST: Janet M. Prainito, CMC City Clerk APPROVED AS TO FORM: City Attorney Ratified By City Commission Date 57 292 of 643 Ratified by Union ( - S - 1 1) (31 Date RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION — LIEUTENANTS FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Lieutenants have successfully concluded negotiations for a one (1) year contract, and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 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 to ratifb the Agreement and execute the same: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratifv the Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Lieutenants for the period of October 1, 2012 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a cope of said agreement being attached hereto as Exhibit "A ". Section 3. This Resolution will become effective inunediately upon passage. PASSED AND ADOPTED this day of Tune, 2013. 293 of 643 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) 294 of 643 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION OCTOBER 1 2012- SEPTEMBER 30, 2013 295 of 643 TABLE OF CONTENTS Article Page Preamble ...... ............................... 4 1 Recognition ... ............................... 5 2 No Strike or Lock- Out ........................ 6 3 Non Discrimination ........................... 8 4 Dues Deduction ............................... 9 5 PBA Representation ........................... 10 6 Bulletin Boards and Records Requests........... 11 7 Rights of Lieutenants Under Investigation.... 12 8 Legal Benefit ............................... 13 9 Management Rights ............................ 14 10 Discipline ..................... 16 11 Subcontracting ............................... 18 12 Rate of Pay ... ............................... 19 13 Workers Compensation and Duty Disability..... 21 14 Call Back Pay . ............................... 22 15 Bereavement Leave ............................ 23 16 Sick Leave .... ............................... 24 17 Vacation ...... ............................... 26 18 Holidays ...... ............................... 28 19 Funeral Expenses ............................. 30 20 Medical Expenses ............................. 31 21 Uniforms ...... ............................... 33 22 Training ...... ............................... 35 23 Personnel Records ............................ 36 24 Shift Selection .............................. 38 25 Seniority ..... ............................... 39 26 Transfers and Shift Changes .................. 40 27 Group Insurance .............................. 41 28 Tuition Reimbursement ........................ 43 29 Off Duty Police Employment ................... 45 30 Grievance and Arbitration Procedures......... 46 31 Past Practices ............................... 50 32 Personal and Departmental Vehicles .............. 51 33 Promotions .... ............................... 52 296 of 643 34 Savings Clause ............................... 53 35 Temporary Assignment ......................... 54 36 Entire Agreement ............................... 55 37 Duration of Agreement ........................ 56 38 Reopener .. ............................... 57 39 Longevity Pay ........................... 58 Signature ..... ............................... 59 297 of 643 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter referred to as the "PBA ", for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terns, and conditions of employment, and benefits. 298 of 643 ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Cornnission and comprises all full- time police lieutenants. Excluded are all other employees of the City. Section 3. The City agrees that all correspondence, communication, or notice required by law or otherwise pertaining to bargaining unit members' wages, hours, and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Attention: General Counsel 299 of 643 ARTICLE 2 NO STRIKE OR LOCK -OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Lieutenants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agent and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick -out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and others responsible to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility in the event of breach of this Article or the law by 6 300 of 643 other employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City. 301 of 643 ARTICLE 3 NON - DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non - verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. 8 302 of 643 ARTICLE 4 DUES DEDUCTION Upon receipt of notice from the PBA and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain PBA membership as certified by the PBA. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. 303 of 643 ARTICLE 5 PBA REPRESENTATION Section 1. Neither Party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other Party. Section 2. The City shall recognize elected PBA representative for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during then regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The Parties agree that the PBA may establish a system of Representatives for the bargaining unit. Representatives on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the departmental chain of command. A representative may not refer an issue outside of the department without fist presenting it to a senior staff officer. This shall not relieve employees from observing the departmental chain of command except for receiving approval of release time with regard to their duty - related activities, notwithstanding their position as a PBA representative. 10 304 of 643 ARTICLE 6 BULLETIN BOARDS AND RECORDS REQUESTS Section 1. The PBA shall be provided with the use of a Lieutenant's PBA bulletin board space at one (1) location in the police building. Section 2. The PBA agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of PBA meetings; notices and results of PBA elections; reports of PBA committees; rulings or policies of the PBA; recreational and social affairs of the PBA, and notices by public bodies. Section 3. The City agrees to furnish to the PBA president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City Commission, and any other body of the City whose activities may impact on terns and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. 305 of 643 ARTICLE 7 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION The City of Boynton Beach agrees that in the investigation of all bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) will be observed and practiced. The PBA may post a copy of Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6. 12 306 of 643 ARTICLE 8 LEGAL BENEFIT Section 1. The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall not be required to pay a judgment when it has been established that the employee was engaged in conduct outside the scope of his/her employment. 13 307 of 643 ARTICLE 9 MANAGEMENT RIGHTS Section 1. The PBA recognizes that except as provided in this Agreement and by law the City has the exclusive right to manage and direct the Police Department. Accordingly, but not by way of limitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and lay off employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starling and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement or the law. H. Introduce new services, procedures, materials, facilities and equipment. 1. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. 14 308 of 643 L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the Department as determined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing /sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. Section 2. in the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented after said impact bargaining. 15 309 of 643 ARTICLE 10 DISCIPLINE Section 1. No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without first being afforded the right to a predetermination conference with the City Manager Section 2. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in provided proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 3. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. Section 4. No bargaining unit member shall be subject to demotion, teruination, or a suspension without pay of more than two (2) days without first being afforded the right to a pre- determination conference with the City Manager. 16 310 of 643 Section 5. Any bargaining unit member who has been promoted who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her sworn seniority with the Police Department, whichever is more favorable for the member. Personnel re- entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. 17 311 of 643 ARTICLE 11 SUBCONTRACTING There shall be no subcontracting for the life of this Agreement. 18 312 of 643 ARTICLE 12 RATE OF PAY Section 1. Effective October 1, 2012 the following chart contains the current pay scale that is effective for all members of the bargaining unit. Adoption of the following pay scale does not guarantee movement from one step to the next in this or any future year unless movement is specifically provided for in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. Section 2. Promotion within the Bargaining Unit Effective upon ratification of this contract, a member who is promoted within the bargaining unit will receive a ten percent (10 %) increase to his/her base rate. The increase in rate will then be applied to the scale above, and, if it falls between two pay rates, the higher of the two rates will be applied as the new salary for the promoted member. if the new rate with the ten percent (10%) increase is still below the starting rate for this rank, the member will be brought to the starting rate upon promotion. Section 3. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which will alter or affect the flow of revenue to the City during the term of 19 - F $101,295.79 $t04,67232 $108,048.85 $t t 1,42537 $114,801.90 $7 t8,17R.43 313 of 643 this Agreement, the wage/rate of pay articles of the Agreement may, at the written request of the City, be reopened for negotiations. Reopened negotiations shall commence and conclude within forty- five(45) calendar days of the date the City gives written notice to the PBA of the City's request to reopen negotiations. If an agreement is not reached within forty- five(45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City Commission at a second Commission meeting following the expiration of the forty- five(45) days. The City and the PBA waive the appointment of a special magistrate to resolve the impasse and agree that the City Commission shall resolve the impasse issues in accordance with the provisions of 447.403, Florida Statutes. During the negotiations and impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not result in a ratified agreement, as imposed by the City Commission through the impasse process. 20 314 of 643 ARTICLE 13 WORKERS COMPENSATION AND DUTY DISABILITY Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shalt be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until he or she reaches maximum medical improvement or two (2) years, whichever comes first. Section 2. Sworn bargaining unit members who sustain a serious injury on -duty while in fresh pursuit (as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who sustain a serious injury while engaged in law enforcement activities will receive a supplement to their workers' compensation that will provide 100 % of their base salary for up to one hundred eighty (180) calendar days. Section 3. Bargaining unit members absent from work due to injury or illness unrelated to the performance of duty, shall have twelve (12) months to return to full duty. 21 315 of 643 ARTICLE 14 CALL -BACK PAY Section 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments Section 2. Employees will be called back to duty on the basis of seniority in the rank of lieutenant. 22 316 of 643 ARTICLE 15 BEREAVEMENT LEAVE Section 1. Tn the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father -in -law, sister or brother -in -law, grandparents of spouse, domestic life partner, and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive working calendar days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) consecutive working days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his/her designee on a case -by -case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify, in writing, attendance at an out -of -state funeral in writing in order to he eligible for benefits under this Article. The City Manager may grant additional leave under this Section. 23 317 of 643 ARTICLE 16 SICK LEAVE Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety -six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be charged against a member's banlc of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate of 50 %. Section 2. Employees who have more than one - hundred - twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50 % of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. it shall be the policy of the City to permit an employee to donate accrued sick leave time to another employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, when that employee has exhausted all accrued sick leave and annual leave. Extraordinary circumstances shall be defined as lengthy hospitalization, extended illness, or injury of the member or the member's immediate family. Section 4. Sick leave use for medical appointments is permissible and should be 24 318 of 643 scheduled at least 48 hours prior to the appointment when possible. Section 5. No member shall be placed on restricted sick leave prior to being counseled by the Division Commander informing the member of the reasons and allowing them an opportunity to explain the situation. Tf after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on restricted sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed 80 hours, to be transacted on anytime during the calendar year. Section 7. Each bargaining unit member covered by this Agreement is eligible to receive 1 shift of hours of additional leave for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. 25 319 of 643 ARTICLE 17 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service Vacation Hours Per Year 1 96 2 -3 120 4 128 5 136 6 144 7 152 8 160 9 168 10-15 176 16-20 192 21 and above 200 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 — September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty -eight (48) hours to thirty (30) days in advance. In the event of conflicting requests for vacation dates, the senior member's request shall prevail if it was submitted twenty -one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twenty -four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. 26 320 of 643 Those members scheduled to work an 11.5 -hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8 -hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the right to approve or deny vacation leave based upon the operational needs of the department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capricious. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, 100 hours of personal time per contract year. The 100 hours of personal time per contract year are not accruable and must be used within each contract year. Those members scheduled to work an 11.5 -hour shift who are granted personal time, shall only have their personal time accrual charged 8 -hours for the day, only when personal time is taken in 8 hour increments. 27 321 of 643 ARTICLE 18 HOLIDAYS Section 1. Holidays will be defined as the below dates: 1. New Year's Day 2. Martin Luther King Jr., Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve 11. Christmas Day Section 2 . Members of the Bargaining Unit not assigned to road patrol shall not work on Holidays, unless an emergency situation is declared by the City Manager or his/her designee or in cases where the Chief of Police or on -call Staff Duty Officer determines that the presence of a Lieutenant is required for a specific function or investigation. if a Lieutenant is assigned to road patrol he /she has the option to either work the scheduled holiday, in which case he/she shall be paid the holiday pay plus straight time. If he /she elects not to work the holiday a Sgt. will fill 28 322 of 643 that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may take a substitute day off during the same pay period .provided that it does not incur overtime. If it cannot be accommodated during that pay period, without incurring overtime, the member may take it in the following pay period with approval of the Police Chief. 29 323 of 643 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of $15,000.00 to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. 30 324 of 643 ARTICLE 20 MEDICAL EXPENSES Section 1. Members of the bargaining unit will he responsible for scheduling and completing a physical examination every other year beginning in October 2008. physicals will be completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not to exceed $100.00. The city will not be responsible for expenses if they exceed $100.00 and if this occurs, the physical exam and its expense will be a voluntary item for the bargaining unit member. The results of the physical will be reported to the City on a form approved by the City for such purpose. Section 2. Any condition of disability resulting from Hepatitis. Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1, established to have occurred in the line of duty shall be covered the same as any other duty injury. Section 3. The City shall provide an immunization schedule during the life of this Agreement for any member who wants to be immunized for Hepatitis -Type B. It is incumbent upon the bargaining unit member to notify the Department should they desire said immunization. Said immunization shall be administered by medically qualified personnel. Section 4. The City shall bear the costs of lead testing for the Range instructor(s). 31 325 of 643 Section 5. The City will provide for AIDS and Hepatitis screening in all instances where a member is exposed to situations /persons presenting a biological contamination threat. Results of these tests will be kept confidential.. 32 326 of 643 ARTICLE 21 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive $1600 per contract year, paid in $400 installments at the end of each quarter and pro -rated as appropriate when assigned during each quarter to plain clothes duty. Lieutenants not assigned to plain clothes will receive a $1,000.00 clothing allowance per contract year, paid in equal quarterly installments at the end of each quarter and pro -rated as appropriate. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant claiming a replacement will be required to include with his/her claim an explanation of the circumstances of the damage and appropriate reports concerning the incident. This allowance shall commence from the date of assignment on apro -rate basis. 33 327 of 643 Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accordance with the above for the three (3) months and pro -rated thereafter. Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro -rated basis. Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro -rated thereafter. These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. 34 328 of 643 ARTICLE 22 TRAINING Section 1. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. 35 329 of 643 ARTICLE 23 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the bargaining unit member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all City employees is maintained by the City Human Resource Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his /her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines. 36 330 of 643 Section 5. A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review of the members' personnel file. E -mail to the bargaining unit member shall constitute notice. 37 331 of 643 ARTICLE 24 SHIFT SELECTION Section 1. The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. The City may designate the number of slots assigned to each Uniformed Services Division shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to select a shift shall not apply to probationary lieutenants. 38 332 of 643 ARTICLE 25 SENIORITY Section 1. Seniority shall be computed from the date of promotion. Tf two (2) lieutenants have the same date of promotion, the date of initial promotion to the rank of Sergeant shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations. Section 4. The City shall have the right to determine the number of lieutenants assigned to each division and each shift. Section 5. For lay -offs and other non - disciplinary reductions in personnel, Police Lieutenants will displace lower ranking officers in the event that the department is required to lay -off personnel. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. Section 6 . Bargaining unit members who are demoted, voluntarily or involuntarily, will regain the rank from which they were promoted. Section 7. it is understood and agreed that bargaining unit members who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. 39 333 of 643 ARTICLE 26 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule involuntarily changed, including days off, without reasonable notice, except in time of emergency, as declared by the City Manager or his/her designee, or for operational necessity as detennined by the Chief of Police. Section 2. Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. 40 334 of 643 ARTICLE 27 GROUP INSURANCE Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. Medical, Vision and Dental insurance The City shall pay the total medical, vision, and dental insurance premium for all bargaining unit members. The members will pay the full cost of medical, vision and all but $7.00 (See Section 4 of this article) of the dental insurance premium for their dependents. Existing coverage levels and benefits shall remain in effect until September 30, 2013. In the event the City changes benefit options for employees after September 30, 2013, then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependant coverage for their dependants increase more then 15% during any fiscal year, the City agrees to open this Article for the purposes of bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form a benefits committee to be comprised of an equal number of non - represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be 41 335 of 643 designated by the PBA. The final decision regarding selection of insurers is reserved to the City, but the City shall strongly consider input and recommendations from the benefits committee. Section 3. Life Insurance Members of the bargaining unit shall be covered by $50,000 of group fife insurance with the premium paid by the City. Section 4. Dental Insurance A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. 42 336 of 643 ARTICLE 28 TUITION REIMBURSEMENT Section 1. The City will provide for those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade received for that class. The member is to pay for the tuition and books and be reimbursed, at state college /university rates. Employees who were already in the college tuition reimbursement program as of April 1, 2005 who are attending private schools are grandfathered in at private school rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books "B" equals 100% of tuition and books "C" equals 50% of tuition and books College and /or university programs must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master's degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. Section 2. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. 43 337 of 643 Section 3. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. 44 338 of 643 ARTICLE 29 OFF -DUTY POLICE EMPLOYMENT Section 1. Off -duty police employment shall be defined as any police - related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. 45 339 of 643 ARTICLE 30 GRIEVANCE AND ARBITRATION PROCEDURES Section 1 . A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Section 2 . Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3 . In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1 The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of 46 340 of 643 Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief of Police's reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (,Monday through Friday) of receipt of the grievance or dispute. if the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one (1) shall be selected. The arbitrator's decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the 47 341 of 643 arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties. Section 4 . By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Section 5 Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon in writing for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. A. The selection of an arbitrator must be completed within fifteen (15) working days of receipt of an arbitrator's panel provided by the FMCS. Failure to strike the arbitrators panel and select an arbitrator within fifteen (15) working days will result in the untimely Parry's acceptance of the timely Party's selection of any arbitrator from the FMCS list provided. B. After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. C. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is 48 342 of 643 requested. By mutual agreement of the Parties, the transcript may be submitted to the arbitrator in lieu of briefs. D. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs. Section 6 . The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 7 . Settlement of grievances prior to the issuance of an arbitration award shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. Section 8. Whenever a grievance is general in nature, in that it applies to two (2) or more bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working days of the occurrence or lmowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. 49 343 of 643 ARTICLE 31 PAST PRACTICES All employment practices listed below shall remain in effect: A. Locker room shower, gym B. Shoes every six (6) months. C. Provide weapons, equipment, gear appropriate to assignment. D. Bullet proof vests. E. Jackets, raincoat, boots. F. Desk space, office supplies. G. Approved and required travel expenses. H. Use of City vehicles for court when available. 1. Three (3) complete uniforms per year, as needed 50 344 of 643 ARTICLE 32 PERSONAL AND DEPARTMENTAL VEHICLES Section 1. When an employee is required to use his /her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. Section 3. Bargaining Unit members shall be assigned City vehicles for use on and off duty. Section 4. if a Bargaining Unit member is not involved in a "Chargeable" accident for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay. 51 345 of 643 ARTICLE 33 PROMOTIONS Section 1. Qualifications for a bargaining unit member are: those who have completed three (3) years of continuous or bridged service as a Sergeant with Boynton Beach Police Department and have obtained a Bachelors Degree from an accredited university. Current bargaining unit members are eligible for appointment to the next highest rank in the department. Additional criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department and the PBA. All promotional opportunities will he posted for a period of thirty (30) days before closing. Section 2. All Lieutenant's shall serve a one year probation from the date of appointment. During a Lieutenant's probationary period a Lieutenant is subject to removal from appointment, without statement of cause. A promoted Lieutenant removed from her/his position during probation, shall be reassigned to the position that they were promoted from. 52 346 of 643 ARTICLE 34 SAVINGS CLAUSE Section 1. if any Article or section of this Agreement should be determined by a cows of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. in the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement, 53 347 of 643 ARTICLE 35 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid seven percent (7 %) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. 54 348 of 643 ARTICLE 36 ENTIRE AGREEMENT The Parties agree that this Agreement constitutes the full and complete understanding of the Parties. This Agreement can not be changed or altered unless by mutual written agreement. 55 349 of 643 ARTICLE 37 DURATION OF AGREEMENT Section 1. This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2013 or the date upon which a successor Agreement is ratified, whichever is later. In the event a successor Agreement is not ratified by October 1, 2013, all of the provisions of this Agreement shall remain in full force and effect during the time intervening, including the periods during which the Parties are negotiating a successor Agreement and engaged in impasse proceedings, if any. No base wage increase, step, cost of living, or other compensation adjustments shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 56 350 of 643 ARTICLE 38 REOPENER Section 1. in the event the City determines that classification of the Members as exempt status employees cannot be legally sustained, the Parties on written request by the City shall reopen negotiations of this Collective bargaining Agreement. 57 351 of 643 ARTICLE 39 LONGEVITY PAY Section 1. fn order to provide benefit incentives to long -term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full -time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5 ") anniversary a lump sum payment of $500.00. On the employee's tenth (10 anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15 ° ) anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20 "') anniversary a lump sum payment of $2,000.00 On the employee's twenty -fifth (25` anniversary a lump sum payment of $2500.00 This 25 anniversary payment will be added in this year of the contract so as a one time agreement that if any employee who has surpassed their 25 "' year of service will receive this payment upon their actual anniversary date. Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Section 4. The longevity benefit set forth in this Article takes effect October 1, 2012. 58 352 of 643 Agreed to this _ day of , 20_ by and between the respective Parties through the authorized representatives of the PBA and the City. BY: Witness Mayor — Jerry Taylor Witness F. of *3 Janet M. Prainito, CMC City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Ratified by Union Members --5 .2et Date Date 59 353 of 643 7.A BIDS AND PURCHASES OVER $100,000 June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R13 -053 - Approve an annual service Agreement with Motorola, Inc. in the amount of $107,775.24 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the Agreement. EXPLANATION OF REQUEST: The City maintains a radio telecommunications system that provides the Police Department, Fire /Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and an infrastructure that requires continuous monitoring and maintenance to insure operational readiness. The City has a ten year relationship with Motorola and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and upgrades required. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly as their work orders are routed through Motorola. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that public safety and relevant local government entities can maintain radio communications which is critical to the provision of services to the community. 354 of 643 FISCAL IMPACT: Budget item from the 2013 -2014 fiscal year account number 001 -1810- 519.46 -24. ALTERNATIVES: Radio communications are mission critical to the public safety function. The maintenance contract is required to insure continued operations of the system. If the current system is not maintained the purchase of another system would be required. 355 of 643 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC., PROVIDING FOR THE CONTINUED MAINTENANCE AND REPAIR OF THE CITY'S RADIO TELECOMMUNICATIONS SYSTEMS FOR A TWELVE (12) MONTH PERIOD, IN THE AMOUNT OF $107,775.24; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the continued maintenance and repair of the City's radio telecommunication systems for a twelve (12) month period; 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 Citv Commission of the City of Boynton Beach, Florida hereby approves the Service Agreement for the continued maintenance and repair of the City's radio system between the Citv of Boynton Beach and Motorola, Inc. for a twelve (12) month period in the amount of $107,775.24. Section 3 . The City Manager is authorized to execute the Service Agreement, a cope of which Agreement is attached hereto as Exhibit "A." Section 4. This Resolution shall become effective imrnediately upon passage. PASSED AND ADOPTED this day of Tune, 2013. CITY OF BOYNTON BEACH, FLORIDA 356 of 643 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) 357 of 643 MOTOROLA SOLUTIONS Atin. Nafional Service Support/4th Fl 1301 East Algonquin Road (600) 247 -2348 Date: 04/15/2013 Company Name: Boynton Beach, City Of ALM Billing Address: 100 E Boynton Beach Blvd City, State, Zip: Boynton Beach,FL,33435 Customer Contact: Phone: SERVICES AGREEMENT Contract Number: S00001000428 Contract Modifier: RN15- APR -13 13:22:36 Required P.O.: No Customer #: 1000303040 Bdll to Tag # : 0001 Contract Start Date: 10101/2013 Contract End Date: 0913012014 Anniversary Day: Sep 30th Payment Cycle: QUARTERLY PO #: �7 __ I recervetl itatementS of Work that describe the serinceS provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. 358 of 643 MODE TI SERVICES DESCRIPTION MONTHLY EXT EXTENDED AMT __.......-_ --- Total Services $8,981.27 $107,775.24 SPECIAL INSTRUCTIONS - ArracH STATEMENT OF WORK FOR?E.RFORM4.NCE OESGRIPTIONS Subtotal - Recurring Services _ ! Subtotal - One -Time Event Services Total $8,981.27 $107,775.24 MAINTENANCE CONTRACT INCLUDES THE FOLLOWING SERVICE PRODUCTS DISPATCHING, TECHNICAL SUPPORT, NETWORK MONITORING INFRASTRUCTURE REPAIR, ON SITE INFRASTRUCTURE RESPONSE, AND LOCAL RADIO COMBO PACKAGE Taxes Grand Total $8,981,27 , $107,77$,24 I HIS SERV ICE' AMOUNT IS S-1—TO STATE AND mca. TAXING J— DICTIONS WHERE APRUOADLE, TO OE VERIFIED ar MOTOROLA. Subcontractors) Clty State MOTOROLA SOUTH FLORIDA FSO PLANTATIO N FL MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CENTER- NETWORK MGMT 00057 SCHAUMBU RG IL MOTOROLA SYSTEM SUPPORT CTR -CALL CENTER D0066 SCHAUMBU RG IL MOTOROLASYSTEM SUPPORT - TECHNICAL SUPPORT D0 068 SCHAUMBU RG IL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS _ DAVIE FL CONTROL GOMMUNICATIONS DAVIE FL ";. CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS I DAVIE A FL CONTROL COMMUNICATIONS DAVIE ',' FL CONTROL. COMMUNICATIONS DAVIE I FL CONTROL COMMUNICATIONS DAVIE _- FI. CONTROL COMMUNICATIONS DAVIE I FL I recervetl itatementS of Work that describe the serinceS provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. 358 of 643 AUTHORIZED CUSTOMER SIGNATURE TITLE DATE (PRINT NAME) TITLE DATE Cindee Markes 954 -723 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Boynton Beach, City Of Contract Number: S00001000428 Contract Modifier: RN15- APR - 1313:22:36 Contract Start Date: 10101!2013 Contract End Date: 09130/2014 359 of 643 Customer Boynton Beach, City of Effective: 1 0/1120 1 3 Contract #: S00001 000428 Qty Equipment Description 5 Quantar Repeaters 5 Gold Elite Consoles 12 XTL2500 Control Stations 5 RCH Digital Remote I Moscad (1 PC. I Laptop, 1 RTU) 1 Microwave/ Fiber Link tied into County's Microwave System 10 XTS1500 Fire Department 60 XTS2500 185 XTS5000 71 Astro Spectra Mobiles (Best Effort Support) 73 XTL2500 36 XTL5000 12 Astro Spectra Consolettes (Best Effort Support) 2 XTL5000 Consolettes I Gen Watch Hardware Support Only included System Description Prime Site Dispatch Center Channels For Out Of Support equipment, Motorola will contin tie to provide our contracted response time to support your Radio System. However we can no longer guarantee more Vian a Commercially Reasonable Effort in regards to repair times of non-supported infrastructure components. 360 of 643 Service Terms and Conditions Motorola Solutions, Inc., through its Commercial, Government, and Industrial Solutions Sector ( "Motorola "), and the customer named in this Agreement ( "Customer "), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 22. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services' means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set Forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE of SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 361 of 643 4.8. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes Items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software: and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or mutticoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internal or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section B TIME AND PLACE Of SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non- hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges of expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless altemative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. 362 of 643 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non- conforming Service or to refund, on a pro -rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may Immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Custorer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement: (ii) clearly indicate the intention of both parties to override and modify 363 of 643 this Agreement; and ('iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 132- Unless otherwise agreed in writing, no commercal, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend ampfoyment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools,: equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request.. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction.. Section 17 GENERALTERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in ful€ force and effect. 364 of 643 'ITZ This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. In the event of a price adjustment, the City shall have the right to cancel the Agreement by providing written notice to Motorola. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. 365 of 643 SOLUTIONS Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO*, ASTR01aa 25, ARC 4000, Smart7onc (F/OmmLink0 x2.0.3 and higher, SmartNewV, Private Data (with a wireless network gateway) v2.0.3 and higher, and Harmony* Wireless Couuntcnieations System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which ibis SOW is appended and made a pail thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Couununieation System for Events, as set forth in the Monitored Elements 'table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagtose the Event and initiate as appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre - defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System Motorola. will provide Case management as set forth herein. The SSC maintains contact with the on -site Servicer until. System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close fluough an autornated Case backing process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTRO25, SmartZonel OmniLink, Private Data, and Harmony Wireless Communications network types.The Connectivity Matrix set forth in Appetri ix 1, further describes the Connectivity options, 2.2 Ifdctermined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type cquipmcnt and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet. System elements. I£Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment'rable. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Stan Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather itrfomration to perform the following: 2.7.1 Characterize the issue 2.7.2 Determine a plan of action 2.73 Assign and track the Casc to resolution. 2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 17 2.9 Ensure the required personnel have access to Customer information as needed. 2.10 Disable and enable System devices, as necessary, for Scrvicers. 2.11 Servicer will perform the following on -site: 2.11.1 Run diagnostics on the Infrastructure or FRU. 2.111 Replace defective Infrastructure or YRU, as applicable. Customer, Servicer or Motorola may provide Tnfrastructure or FRU. 2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostiaRest equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 366 of 643 MOTOROLA SOLUTIONS Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure, Response services to the Customer. These services are applicable only for the following system types: ASTROC•, ASTROO 25, ARC 4000, Smarc7,nnern /OmmLlnk6 v2.0.3 and higher, SmartlletJ, Private Data (with a wireless network gateway) v2.03 and higher, and Harmonyg Wireless Communications System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which :his SOW is appended and made a part thereof by this reference. Lo Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for E vents, as set forth iu the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. Tf dispatched, the Servicer will respond at the Customer location based on predefined Severity Levels set forth in the Severity Definitions Table and Response times set forth in doe On -Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on -site Servicer until. System Resti ral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Comectvity through a private network connection necessary for monitoring ASTRO and ASTR025, SmartZone/ Omnil-ink, Private Data, and Harmony Wireless Communications network typcs.The Connectivity Matrix set forth hr Appendix 1, further describes the Connectivity options. 2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. II'Motorola installs or replaces Motorola owtied equipment, the type equipment and location installed is fisted in the Motorola Owned & Supplied Equipment Table. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive data fmm Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1 Characterise the issue 2.7.2 Determine a plan of action 2.73 Assign and track the Case to resolution. 2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9 Ensure the required personnel have access to Customer information as needed. 2.10 Disable and enable System devices, as necessary, for Scrvicers. 2.11 Servicer will perform the following on -site: 2.11.1 Run diagnostics on the lnfrastructurc or FRU. 2.11.2 Replace defective Infrastructure or FRFJ, as applicable. Customer, Servicer or Motorola may provide Infrastructure or 1RU. 2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic /test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 367 of 643 2.12 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification prrefereuce described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be mleased, 2.13 Escalate the Case to the appropriate party upon expiration of a Response time. 2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16 Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Custnmer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZonei Omnil-ink, and Private Data Systems only. 2.17 Respond in accordance to pre -def led Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support chat'ges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3,2 Allow Motorola ro access System if firewall has been installed; provide pernanetaidedicated access for SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any Motorola equiprent installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial -up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre - defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 15.3 Database and escalation procedure forms. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3,6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer Perfortms any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply hrfrdstructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.112 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups_ 3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Custnmer in a—rdance with section 15, 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer raking changes to critical System parameters 3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 368 of 643 2.12 Verify with Customer that Restoration is complete or System is functional, . if required by Customer's repair Verification preference described in the Customer Support Plan required by section 1,5, If Verification by Customer cannot be completed within 20 minutes of Restomtion, the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate patty upon expiration of a Response time. 2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 35 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16 Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service spurts for Customer Syslem(s). 2.163 Network Activity /Availability Reports for ASTRO25, SmartZone/ OamiLink, and Private Data Systems only. 2.17 Respond in accordance to pre - defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System - 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewah has been installed; provide permanentldedicated access for SNMP baps (outbound) and ZDS polling (inbound)- Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial -up phone lines for telephone service for SMARTNE'.T System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre - defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure forms. 3.5.4 Submit changes in any information supplied in the Customer Support. Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer performs any activity that impaers the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.8 Allow Servieers access to Equipment (including any Connectivity or monitoring equipment) if rernote service is not possible. 3.4 Allow Servieers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verily with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 114 Pay additional support charges above and beyond the contracted service agreements drat may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters 3.15 Cooperate with Motorola and perlbnn all acts that are reasonable ur necessary to enable Motorola to provide the services described in this SOW. 369 of 643 Severity Definitions Table Severity Level Problem'1'y p es Severity 1 1. Response is provided Continuously Tl 2. Major System failure SrrartZone /OmniLi v3.5 and below 3. 33% of System down Severity 1 4. 33% of Site channels down 8 Hours 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. Private Data 6. This level is meant to represent a major issue that results in an unusable system, Motorola sub - system, Product, or critical features from the Customer's perspective. No Severity 2 Work - around or immediate solution is available. Severity 2 1. Response during Standard Business Day Motorola 2. Significant System Impairment not to exceed 33% of system down TI 3. System problems presently being monitored Severity 3 4. This level is meant to represent a moderate issue that limits a Customer's normal use 48 Hours of flue system, sub - system, product, or major non- critical features from a Customer's persp ective Severity 3 1. Response during Standard Business Day 2. Interinittent system issues 3. Information questions 4. Upgradeslprevemative maintenance 5. 'f his level is meant to represent a minor issue that does not preclude use of the system, sub- system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On -Site Response Time Table (Customer's Response 'Time Classification is designated in the Service A¢reementl. Severity Level Premier Restoral - ..OtfDeferral Asiro 25 Tl Response Time SrrartZone /OmniLi v3.5 and below 256K Severity 1 Within 2 hours from receipt of Notification 8 Hours Time provided Private Data Continuously Motorola by Servicer Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Motorola Standard Business Day TI by Servicer * Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided. Standard Business Day by Scrvicer * Please note these are Standard Commitment times. The commitment times should be based on the (Customers Support Plan. Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Appendix 1 Connectivity Matrix System Type Connecgvity . - -- Responsibility Asiro 25 Tl Motorola SrrartZone /OmniLi v3.5 and below 256K Motorola SmartZone,'OmniLink v4 and above 512 Motorola Private Data 256K Motorola ARC 4000 TI or VPN Motorola MESH TI or VPN Motorola Harmony TI Motorola 370 of 643 MotoBridge Tl or VPN Motorola SmartNct Dial -up Customer Private Network Connection `- Public Internet Connection TP VPN TP VPN (All Customers) (Option Available only to Customers outside of the US} Standard solution for real time Connectivity Non Standard solution for Connectivity Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor monitor Customer; Cain @r5 Protected from unauthorized intrusion Low risk of unauthorized intrusion Rictyption available Encryption is required Connectivity available through Motorola Customer provides Connectivity to the internet via nn interact ser pr ovider selected by Customer. U--d. n...., A a, c..., H.A Fn..e...,,..... T..taa Equipment Type Location Installed 1 PirewalVRouter Master Site System Support Server Master Site for each Zone Monitored ElemenN Table (Listed by technology) System Type Equipment Lac +1 _ topnned 371 of 643 MOrOROLA SOLUTIONS Statement of Work Infrastructure Repair 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this referene. Customer ?s System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartRet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the M.I.-la Infras1ructure Depot Operaim— (IDO). At Motomla?sdiscretion, select third parry Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace infrastructure with similar Infastruchnc, when possible. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thercof by this reference. 2.0 Motorola has the following responsibilities. 2.1 Provide repair return authorization numbers when requested by Customer. 2.2 Receive malfunctioning Infrastructure from Customer and doeuraent its arrival, repair and return. 2.3 Perform the following service on Motorola Infrastmeture: 2.3.1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.12 Replace malfunctioning FRU or Components. 2.3.3 Verify that Motorola Infrastructure is returned. to Motorola manufactured specifications, as applicable 2.3.4 Perform a Box: Unit Test on all serviced Infrastructure. 2.3.5 Perform a System Test on select Infrastructure. 2.4 Provide the following service on select third party Infrastructure: 2.4.1 Perform pre - diagnostic and repair services to confirm infrastructure malforefott and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.4.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.4,3 'Track lnfrastmeturc sent to the original equipment manufacturer or third party vendor for Service. 2.4.4 Perform a post -test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.5 Re- program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Scctiou 3.3. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Sofl'ware Subscription agreement. 16 Properly package repaired Infrastructure. 2.7 Ship repaired Infrastructure to the Customer specified address darting normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. FRLi will be sent two -day air unless otherwise requested. Select third parry FRU. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard busuress hours and/ or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges 3.0 Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request a return authorization nuntbeis prior to shipping malfunctioning lufr'asu'ucture or third party 372 of 643 SmaWiane System Infinatructure named in the applicable attached Exhibit. infrastruc ExhibA 3.1.1 Provide model description, model number, serial number, type of System and Antenna Systems Firmware version, symptom of problem and address of site location for FRU or Infastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected . to physical damage or lightning damage. Base Station(s) and Repeater(s) 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Central Electronics Bark(s) Software applications from Infrastructure being sent in for service. 31A Provide Custumer purchase order nurnbar to secure payment for any costs described herein. 3.2 Properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of Channel Bank(s) loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives undarnaged and Comparators) in repairable condition. Cleady print the return authorization number on the outside of the packaging. 3.3 Maintain templates of Software /applications and Firmware for re- loading of Infrastructure as set forth in paragraph 3.4 For Digital In-Car Video Infrastructure, remove video from equipment prior m sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola Consoles) to provide the Infrastnicturo Repair services to Customer_ 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair. 1. All Infraauuctures over seven (7) years from product cancellation date. 2. All Broadband /WiNS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure_ 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to, batteries, connectors, cables, tune /ink cartridges. 6. Video retrieval from Digital In -Car Video equipment. 7. Test equipment. 8.. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades. SmaWiane System Inclusions, Exclusions, :Exceptions and rotes infrastruc ExhibA Antenna Systems Exchudes all Equipment such as bi-directional amplifiers, mutt icouplers, combiners, tower top pre - amplifiers, antennas, cables, towers, rower lighting, and transmission lines. Base Station(s) and Repeater(s) Include Quantar, Quantro, J5 igital 'MTR2000 ONLY. Central Electronics Bark(s) Includes Logging Recorder, Interface and Network Hub Excludes all other technologies see SO specifically for NICE log ging recorders Channel Bank(s) Includes Premisys and Telco Excludes Siemens Comparators) includes Spectratac, Digitac, and ASTRO -tac Comparators Computer(s) Includes computers (Pentimn I, 11, 1II, IV) that directly interface with or control the communications System, including Systemwatch II, keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers, defective or phosphor - burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Consoles) Includes Centracom Gold Elite. MCC7500, MCC5500, MIP5000 as part of complete communication System ? including headset jacks, dual footswitehes, and gooseneck microphones. Excludes cables Controller(s) - Trunking Includes SmartNet 11 prime and re mote controllers. 373 of 643 Approved by Contract and Compliance 11120109 Motorola, Inc. 1303 E. Alo3onqun Road, Schaumburg, IL 60196 U.S.A. Version 1.9 1112/12 374 of 643 Excludes SSMT and SCMS controllers. Dictaphones, Logging Excludes all other technologies Recorders and Recording see SOW specifically for NICE logging recorders Equipment Digital Interface Unit(s) Included Digital Signaling Modem(.' ) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB, A1MI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II_ Excludes laptop computers and all 286. 386,496 computers. MBEX(s) or NOVA Included Inte rconnect Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excl on -site services. Monitor(.') _ Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System, Excludes defective or phosphor -burned cathode rav tubes CRT(s) and burned -in flat panel displays image retention as well as monitors that were act shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Moscad Includes N°F•M (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. Motobridge Included Network Fault Management Includes Full Vision Excludes NMC Printer(.') Includes printer that directly interface with the communicati S stem. R.AS(s) Excludes RAS 1.100, 1101 and 11€12 Receiver(s) Includes Quantar and MTR2000, ASTRO -TAC Receivers Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) - includes Rubidium, UPS acrd Netclocks systems sold with the Motorola System. Excludes NITS - Rubidium Standard Network Time and Frequency devices Universal Simulcast Controller Included interrace(s) UPS Systems. Excluded from service agreements but may be repaired on an above contact, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and . any on -site services. Zone Manager Excludes HP715l33, HP 71x50 servers. Excludes x- rerminals NDS14C and NDSI7C Zone Controller(s) lncludes console terminals. Excludes all SmvTMP hard drives except 'I LN3495A 0820 1 GB drive as well as the following SLIN./IMP CPUSET ?s: TLN3278B 0406 TLN3343A. 0424 and TLN3278A 0181. Approved by Contract and Compliance 11120109 Motorola, Inc. 1303 E. Alo3onqun Road, Schaumburg, IL 60196 U.S.A. Version 1.9 1112/12 374 of 643 0 MOTOROLA SOL.UTIONS Statement of Work ['echnical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system perfomrance issues- Technical Support Service (i) dues not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported by Motorola. 'Technical Support is applicable to the following system types: AS') RO9, ASTROO 25 , ARC 4000, SmartZone® v2.0.3 and higher, SnnartZoneg/OrnmLinkt, E911, Private Data v2.0.3 and higher, SmartNetCR), Conventional Two-Way, and Wireless Broadband. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola s Service Terms and Conditions or other applicable Agreement to which it is attached and made apart thereo£by this reference. 2.0 Motorola has the following responsihilitic c 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response tunes set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.1.1 If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System but may not be able to resolve the issue without the Customer replacing the Infrastructure. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available, 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third paty vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2,8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determines in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and nouty Customer of an alternative course of action. 3.0 Customer has the following Responsibilities: 3.1. Provide Motorola with pre - defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, time of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem- -3.3. Supply on -sire presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5, Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Remove video from Digital In -Car Video equipment prior to contacting Motorola. if Technical Support assists the Customer in removing video, the Customer acknowledges, understands and agrees that Motorola dues not guarantee or warrant that it will be able to extract any captured video or that any captured video will not be damaged, lost or corrupted. 375 of 643 3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Ievel defined in the Severity Definitions Table. 18 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the fechnieat Support service to Customer. Severity Definitions Table Severity Level Problem Totes Severity 1. 1. Response is provided Continuously Severity 2 2. Major System failure Severity 3 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub - system, Product, or critical features from the Customer's perspective. No Work - around or immediate solution is available. Severity 2 1.. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Custamer's normal use of the system, sub - system, product, or major non - critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades /preventative maintenance 5. This level is meant to represent a atluor issue that does not preclude use of the system, sub - system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, ! and scheduled events such as re ventative maintenance or producdsyste upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity 1 Within I Hour from receipt of Notification, Continuously Severity 2 Within 4 Hours Gorr receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day upfn <n nr nr L�gW 1/ -1, IN 376 of 643 tY I Sk Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two -way and mobile data.. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard pa €m micropbories and single mobile controls heads, provided that they are required for normal operation of the two -way mobile and are included at the point of manufacture. Service is only included on Equipment sp=ifically named in the applicable Agreement to which this Statement of work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; MEN mobile microphones; non - standard mobile microphones, mobile extemal speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services arc Pick -up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Rep]acements and Mobile Remote Control Heads. The terms and conditions of this SOW are an integral pare of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Scrvice to be performed at the Servicer facility during Standard Business Days, 12 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Removeheinstall mobile or data Equipment fron/to Customers vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, andtor foreign substances from the Rquipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating pararnetcrs based on the template in the Equipment, iftbe template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. I €the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used- The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion ofrcpair for pickup of Egrupmeni. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to /from the Servicer facility. 3.2 Inform Servicer of description of probicin for Equipment brnugh! in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Sotlw= template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcodc for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating eondition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Appru d Iry ,t9otornfa CnrrtrarZ5 & Complita -e 04 -30 -2004 20 377 of 643 May 22, 2013 Paul Deale Boynton Beach, City of 100 E Boynton Beach Blvd Boynton Beach, FL 33435 Subject: Sole Source Justification Letter Dear Mr. Deale Over the past ten plus years, Motorola Solutions, hic. has maintained the City of Boynton Beach's SmartZone radio system. The local Motorola service team you presently have maintains customers throughout Martin, Palm Beach, Broward, and Dade Counties. The close cooperation between the system users and Motorola has resulted in a public safety radio system that now provides outstanding capabilities to the City of Boynton Beach. The system has proven to be very reliable in times of critical needs. Motorola takes great pride in delivering this level of reliability to its customers.. This 800 MHz Government Counnunications Network (GCN) was manufactured, installed and has been continuously maintained by Motorola Solutions, Inc. since the original purchase. Most of the installed equipment contains proprietary and other protected design aspects, which are known only to Motorola. The proprietary nature of your system is also related to the software that drives the system. Since Motorola installed the entire radio system, our familiarity with the network and the associated equipment enables us to provide the highest standard of responsiveness and reliability. Because of strict licensing controls, some communication encryption technology used in the system requires special handling and repair measures, which can only be carried out at our Motorola Authorized Service Centers which includes the local Motorola FSO (Field Service Organization) Team and Control Communications. Should you have any questions or if f can he of further assistance, feel free to contact me at 954- 723 -4718 or 954-520-8868, Sincerely, Cindee Markes Customer Support Manager Motorola Solutions, Inc. 378 of 643 8.A CODE COMPLIANCE & LEGAL SETTLEMENTS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ® CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Settlement of the David Floering demand for Special Election law suit EXPLANATION OF REQUEST: In October 2012, David Floering filed a lawsuit against the City seeking to have a Judge order a Special Election to fill a vacancy on the City Commission. Mr. Floering has offered to dismiss the lawsuit with prejudice if the City will pay him the $485.00 filing fee he paid to the Clerk of the Court. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Defending Mr. Floering's lawsuit and seeking its dismissal has required the City to spend $3849.60 in litigation fees and costs. If a pending City Motion to Dismiss is scheduled for hearing and granted, the City might be entitled to recover all or part of those fees and costs from Mr. Floering (plus additional fees incurred in seeking the dismissal). The proposed settlement will add $485.00 to the City's cost. ALTERNATIVES: Not approve the settlement. 379 of 643 8.B CODE COMPLIANCE & LEGAL SETTLEMENTS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ® CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve negotiated settlement in case of Sylvia Negron v. City of Boynton Beach. EXPLANATION OF REQUEST: Defense Counsel: Mike Burke, Johnson, Anselmo, Murdoch, et al Plaintiff Counsel: John Caracuzzo, Keller, Keller & Caracuzzo, P.A. Incident: On December 11, 2011, Ms. Negron was traveling northbound on Seacrest Blvd. stopped in the left lane to negotiate a left turn onto SW 7 Ave. While waiting for the southbound traffic to pass, Plaintiff was struck in the rear by a Solid Waste Roll Off truck. The impact caused the vehicle to cross over both southbound lanes striking a Palm Tran sign. Our driver was ticketed for Careless Driving. The vehicle, a 2012 Dodge Journey, was a total loss costing the City $16,732.69. The claimant suffered back, neck, shoulder and knee injuries. Plaintiff had $33,000 in medical costs. Original demand of settlement was $195,000. Settlement was reached at $45,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recommendations for settlements of claims of the nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charges to the Risk Management Budget line item 522 - 1710- 519 - 49.20, Self Insured Losses for first and third party claims. ALTERNATIVES: Failure to approve settlement will result in additional discovery and litigation costs, and trial costs. Costs would be estimated at $70,000 to $100,000. 380 of 643 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT TO: Lori LaVerierre Cite Manager THRU: Carisse Lejeune Assistant City Manager FROM: Pam Webb, Risk Administrator DATE: Mav 30, 2013 SUBJECT: Sylvia Negron v. Cite of Boynton Beach Date of Loss: December 5, 2011 Risk Management recommends the Citc_ Commission ratifi the: X Settlement _ Judgement in the above stated manner. RESERVES Indemnitv: $ 100,000 Expenses: $ 50,000 Demand Original: $ 19,000 Final: $ 60,000 Offer: Original: $ 5,000 Final: $ 4,000 X SETTLEMENT S 45,000 NOTE: This .settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of &ability or responsibi&iy for any damages or iniuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $ 11,291.90 IF NOT SETTLED Projected Legal Fees: $ 25,000 Projected Jury Verdict: $ 75,000+ JUDGEMENT S - Current Adjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE On December 5, 2011, Ms. Negron was travelin northbound on Seacrest Blvd. stopped in the left lane to negotiate a left turn onto SW 7 Ave. While waiting for the southbound traffic to pass the Plaintiff was struck in the rear by a Solid Waste Roll Off truck. The impact caused the vehicle to cross over both southbound lanes striking a Palm Tran sign. Our driver was ticketed for Careless Driving. The vehicle was a total loss costing the City $16,732.69. The claimant suffered back, neck, shoulder and knee injuries. Cost of her medical services was $33,000. 381 of 643 LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & IIOCHMAN, P.A. A PRO- E3SIONAL AS SDCI.ATION DAMIAN H. ALBERT, P.A. SCOTT O Al F%ANDFR, P.A. 245 EASTSUNR:SE BOULEVARD W. I1AM TON .:CHNSON f•J J. MARCOS MART INEZ CHRISTOPHER AMBROSIO, P.A. - SUITF 10011 HUBEk'; L. MURDOCH MICHAFI TBU RRF'1 FORT LAUDERDALE, FL 33304 MICHAEL R. PIPER' HUDSON C. GILL, P.A. DAVID M. SCHWEIDER, P.A. .IE..FFRPYI.. HOCHMAN,P.A. - CHRISTOPHERLSMITH E. BRUCE JOHNSON' (954)4 634100 B-d CHRIS I GHHtk J. 51 EARNS, F.A. (306, 945 -2000 Dade (561) 646 -7448 WPB _ TELECCPIER (954) 4Q -2444 RONALD P. ANSELMU B'JRLF_GEORGE y's� ren ecrt7.r.'cn,mta�.r -uvw wrse.e June G, 2013 VIA EMAIL Pam Webb, Risk Administrator RTsK MANA( F.WNT CITY BOYNTON BEACH 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 -0310 Re: Sylvia Negron v. City of Boynton Beach and Henry Janes Moore Case No:2012CA017392XXXXMB File No. 00281/3 2383 Dear Pam The above matter is currently set for jury trial on the court's August 19, 2013 trial docket. On May 29, 2013 the parties attended a court ordered mediation conference and reached an agreement subject to City Commission approval, to settle all claims for damages, costs and attorneys fees for the total sum of $45,000. In my opinion, the proposed settlement is in the best interest of the City ofBoynton Beach and I reconntrend City Commission approval ofthe settlement. A briefsu m iary of the lawsuit follows. On December 5, 2011, Plaintiff Sylvia Negron was properly stopped in her motor vehicle in the 700 block of South Seacrest Blvd. waiting for traffic to clear to make a left turn. At that time, a City truck operated by former City Lmploycc Henry Janes Moore was northbound on Scacrest Blvd, Driver Moore looked away from the roadway and struck the rear of Plaintiff Negron's vehicle forcing it across the southbound larres of Seau est Blvd. and into a Lralfic sign located on the Northwest Corner of the intersection. The force of the collision was substantial and resu in significant damage to PlaintiffNegron's vehicle, all ofwhich is depicted in the photographs attached hereto. At the time of the accident Plaintiff Negron's 7 year old son was in the rear passenger seat of her vehicle. City driver Moore was given a traffic citation for careless driving and it is clear that his negligence caused the accident. Plaintiff Negron is not guilty of any comparative negligence and the City has acknowledged its responsibility for the accident. 382 of 643 Pam Webb, Risk Administrator June 6, 2013 Page 2 Plaintiff Negron and her son were taken from the accident scene by ambulance to the emergency room at Bethesda Memorial Hospital. She was examined and released later that evening. Subsequently, PlaintiffNegrou received chiropractic care as well as an MRI scan of her cervical and lumbar spikes. The MRI of the cervical spine was interpreted as showing a herniated disc at C4-5 and C6 -7, and the lumbar MRl was interpreted as showing a bulging disc at L5 -S'L PlaintiffNegron was subsequently referred to an orthopedist names Dr, Jeffrey Katzel, and on two occasions has had a cervical facet injection performed at the Lake Worth Surgical Center. She continues to complain of neck and low back pain. Plaintiff Negron is a 31 year old widowed single mother who has four children ages 13, 12, 11 and 8. She works as an a hamistrative assistant at a title company and currently lives in Lake Worth. Medical expenses for chiropractic care, orthopedic care, diagnostic tests and cervical facet injections at the Lake Worth Surgical Center total approximately $40,000 of whj.ch $10 has been paid by Plainti ffNegron's personal injury protection carrier Allstate Insurance Company. A total of $ 30,000 in medical expenses is currently due and owing. Plaintiffs primary treafingphysician, J effrey Katzel has opined that Negron sustained a 14% permanent partial disability rating as aresult of the subject accident. If the case weie to be tried, l cstfiriatc a verdict range ofbetween $50 and $150,000. In addition, Plaintiffwould be entitled to recover taxable costs which would total an additional $5,000 to $7,00. A trial would also require that the City incur the expense of an orthopedic examination of the Plaintiff and her medical records as well as additional expert witness fees for testimony at trial and attorneys fees for the cost of preparing and trying the case. These additional expenses would total in the range of between $15,000 and $20,000. Settlement of the action at this tirne will resolve all of Plainti ff Negron's claims and will avoid additional litigation costs to the City which would result from a trial of the action. Please let me know ifyou have any questions concerning the above or if you require any additional information concerning the matter. your.~ °� /s/Michael T. Burke 4icbact T. Burke For the Finn MTBIac cc: Cheryl Jordan (via email) JOHNSON, ANSL'LMO, MURDOCH, BURKE, PIPER & HOCHMAN, Y.A. 383 of 643 384 of 643 385 of 643 9.A PUBLIC HEARING June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13-020- FIRST READING - Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial/warehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer's representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. Staff - initiated. EXPLANATION OF REQUEST: As explained in the accompanying staff report, this item is comprised of 6 different topics or groups of amendments initiated for various purposes with 4 of them directly promoting development, redevelopment or economic development. The subject amendments are generally described as follows: Ocean Avenue Overlay Zone — This first group of amendments are minor changes to the existing zoning matrix and represent the continued implementation of the Downtown Vision and Master Plan which calls for mixed -use buildings lining the Avenue along with historic structures housing galleries and supportive retail. This segment of Ocean Avenue is referred to in the Master Plan as the Cultural Corridor, and is intended to connect the Cultural Campus to the downtown TOD District. The overlay was established as a zoning tool in 2010 given that this segment of Ocean Avenue consists of two different zoning districts — R -3 and 386 of 643 C -2. These amendments are a product of a joint effort by City and CRA staff, in connection with the CRA's current efforts to identify a business venture to adaptively reuse their property at 211 E. Ocean Avenue (aka Magnusson House). Uses to be added or changes proposed include retail stores handling cosmetics and beauty items, and pets and pet supplies; professional offices and small gyms /fitness centers (limited to upper floors); and schools limited to those that teach the culinary and visual arts. Theatres in MU L1 and L2 This is a very simple amendment to the Zoning Matrix in connection with the plan for the adaptive reuse of the Old High School building including application of the MU -L1 zoning district. The MU -L1 district is intended for the Cultural Corridor and this is a logical extension of the zoning district and consistent with the ultimate plan for private ownership of the school and removal of the property from the Public Usage district. The amendment merely adds "Theatres" as a permitted use to the MU -L1 district. As a "cleanup" action for consistency purposes, staff is proposing to also amend the matrix changing "Theatres" as a conditional use to a permitted use in the MU -1_2 district. Governmental Uses — These amendments represent a continuation of the analysis of tax exempt uses that began as part of the phase 1 zoning study and which concentrated on churches, schools and social service agencies. This current task has concentrated on those uses within a governmental service category, and its principal effect is to differentiate between city services and non -city agencies and adopt regulations intended to maximize industrial and commercial land ownership to tax paying entities, while providing appropriate zoning districts for such varying governmental uses that provide necessary services to our residents and businesses. This is accomplished with added terms and definitions, and use provisions including limiting certain uses within multi - tenant buildings and to upper floors within certain commercial districts, and setting a maximum square footage standard. Manufacturer's Rep — Prompted by the opportunity to accommodate a unique office -type use which otherwise would be limited to commercial retail zoning districts (e.g. C -2, C -3), staff proposes to establish this new use, and corresponding provisions /restrictions, to the zoning matrix. The use would be added to the C -1 district, as an office type use as long as the use would not be the location for direct sales of the subject limited product line. The initial inquiry targeted a building zoned C -1 and located in the CRA. 387 of 643 Showroom/Warehouses This item that would establish the new use "Showroom, warehouse (single product line), is being pulled from this set of amendments for further review, particularly with the involvement of the City's newly hired Economic Development Manager. Staff will continue work on these amendments and if ready, include them in a subsequent set of amendments. Chanaes to minimum setbacks for Dools. Was and decks This is another very simple amendment, initiated in response to past variances to such setbacks and current inquiries for reductions, and to recognize the opportunities to reduce minimum setbacks applicable to those properties that abut undevelopable land uses such as canals and other water bodies, roadways, common areas, golf courses or other recreation areas which would be unaffected by the location of a pool, spa, or deck on an adjacent parcel. The minimum required setback for in- ground pools (and spas) and above - ground pools is currently eight (8) feet and ten (10) feet, respectively, from side interior and rear yards. The proposed amendment would allow both types of pools to be regulated similarly (as long as the above - ground pool is no greater than 36 inches above the ground), and reduce the minimum setback to two (2) feet in those instances where the subject property abuts the above - described land uses. Small Wind Enerav Svstems This proposed amendment furthers the City's Climate Action Plan and is the next step in introducing zoning provisions for windmills. Recall that in 2010 the City adopted its first windmill regulations, being limited to the aeration of water retention ponds. The proposed amendment expands the provisions to allow them for wind generation and educational purposes. The Galaxy Elementary School Rebuild project prompted this next phase of regulations, as the new school is planned to have windmills that will contribute to its label of being the school with the highest green certification in the state. Flood Prevention Requirements — The City participates in the National Flood Insurance Program (NFIP), and therefore adopts and enforces floodplain management regulations that meet or exceed the minimum NFIP standards and requirements. These standards, from Chapter 44 of the Code of Federal Regulations (44 CFR), are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. On January 15, 2013, the State of Florida adopted a Model Floodplain Management Ordinance. As part of the City's initiative to achieve regulatory compliance, the proposed code amendment would add language that is recommended by the Model Ordinance. The new language would add flood - related definitions as well as reformatting and clarifying the City's procedures in the administration of the floodplain 388 of 643 regulations. It should be noted that no new processes or substantive changes are being proposed at this time; therefore, there would be no difference in how the City administrates the flood prevention provisions should the proposed ordinance be adopted. Lastly, this set also proposes two "house- keeping" (minor) amendments to the LDR, to allow minor automobile repair as accessory to C -3 (similar to C -2), and to decrease the minimum property size from one (1) acre to 0.5 acre for a daycare business in the R -2 and R -3 zoning districts (consistent with the standard applicable to the single family zoning districts). Staff has recently realized these inconsistencies in the regulations and recommends the subject amendments to maximize consistency and clarity. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed amendments will further the City's Climate Action Plan and economic development initiatives, and maintain an LDR that is user - friendly and supportive of desirable development and redevelopment. FISCAL IMPACT: Several amendments will directly promote development or redevelopment within the City and therefore contribute to the City's tax base. ALTERNATIVES: None recommended. 389 of 643 ORDINANCE 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, LAND DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER 1, "GENERAL ADMINISTRATION ", ARTICLE H, "DEFINITIONS ", CHAPTER 2, "LAND DEVELOPMENT PROCESS ", ARTICLE IV, "BUILDING DIVISION SERVICES ", CHAPTER 3, "ZONING ", ARTICLE IV, "USE REGULATIONS ", ARTICLE V, "SUPPLEMENTAL REGULATIONS ", CHAPTER 4, "SITE DEVELOPMENT STANDARDS ", ARTICLE V, "MINIM NI OFF - STREET PARKING REQUIREMENTS ", ARTICLE VII, "EXTERIOR LIGHTING STANDARDS ", ARTICLE X, "FLOOD PREVENTION REQUIREMENTS "; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, in 2010, the City Commission approved a comprehensive update to the City's Land Development Regulations; and WHEREAS, as part of the process, staff anticipates the periodic need for updates and amendments in connection with the establishment of new programs or processes or from information gained from the application of current regulations to past or present development proposals or concepts; and WHEREAS, staff recommends the adoption of the attached amendments to the Code of Ordinances and Land Development Regulations as it will help promote business /economic development, make the code more user - friendly, and provide the necessary updates based on lessons learned and processes established subsequent to the 2012 update of the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1 . That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part IIl, "Land Development Regulations ", of the City of Boynton Beach is hereby amended as follows: See attached Exhibit "A" 390 of 643 Section 3 . All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4 . If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5 . It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances: and that the sections of this ordinance may be renumbered or re- lettered and the word 'ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6 . This Ordinance shall be effective immediately after adoption by the City Commission. 391 of 643 FIRST READING this day of 2013. SECOND AND FINAL READING ADOPTED this day of , 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Da yid T. Merker Commissioner — Michael M. Fitzpatrick Commissioner — Joe Casello ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 392 of 643 DEPARTMENT OF DEVELOPMENT s PLANNING AND ZONING = Memorandum PZ 13 -014 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: Mav 22, 2013 RE: Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new conunercialAvarehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer's representative and automotive repair uses; 3) update Ocean Avenue Oierlav Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small Nvind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. 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: 1. Furthering business and economic development initiatives, 2. Advancing sustainability initiatives, 3. Maintaining internal consistency: 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items 41 business and economic development initiatives; 42 sustainability initiatives, 44 achieving regulatory compliance, and 45 by adjusting existing regulations to achieve original or current objectives. ANALYSIS Changes to the Ocean Avenue Overlrn Zone (O.1OZ) 393 of 643 The Ocean Avenue Overlav Zone (OAOZ) was established within the City's Land Development Regulations in 2010 as part of the comprehensive update and rewrite of the LDR. The OAOZ was established to implement a recomrnendation of, and the vision represented by the City of Boynton Beach Downtown Vision & Master Plan, as approved in 2009 by the Community Redevelopment Agenev Board (CRA). The Plan labels a segment of Ocean Avenue as the "Ocean Avenue Cultural Corridor," which is also described as connecting "the Cultural Campus to the Transit Oriented Development District ". The Plan calls for mixed -use buildings to line "the Avenue along with historic structures readapted to galleries and supportive retail ". With the Plan's emphasis on historic preservation, human -scale architecture, infill development and a diversity of uses including galleries, retail and professional offices, the overlay was initially established to promote adaptive reuse of existing buildings and maintaining new construction that is consistent in scale with the corridor. The overlay zone was established due to the existence of varying zoning districts existing along the corridor, namely a combination of R -3, Multi- family and C -2, Neighborhood Commercial. The recent efforts by the CRA to partner with a developer as part of the Magnusson House project (aka 211 E. Ocean Avenue) prompted the close examination of the use provisions of the OAOZ against current market characteristics and known opportunities. As a result of this review of the current regulations, and to increase the marketability of the Magnuson House, the subject changes are proposed to the Zoning Matrix and corresponding Notes, as adopted within the Land Development Regulations, Chapter 3, Article IV. The proposed amendments simply 1) add a few uses not previously included in the overlay, such as retail stores with cosmetics and beauty items, and pets and pet supplies; 2) amend the matrix for consistent treatment of professional and office uses and limit such uses to upper floors, 3) allow for gems and fitness centers within the overlay but again limited to upper floors: and 4) allow the teaching of culinary and visual arts of those educational uses that comprise the "School, Professional & Technical" use category. Theatres Allowed in 111 =L1 acrd 11U-L2 Zoning District A theater is allowed as a conditional use in the MIJ -1_2 zoning district, and is allowed as a permitted use in the MLJ -L3 and MLJ -H zoning districts. All three districts require theaters to be integrated into mixed use buildings or developments. This code amendment is intended to add the use "Theatre" to the MLJ -L 1 zoning district as a permitted use. Also proposed is an amendment to the MIJ -1_2 zoning district to change the theatre use from "conditional" to a "permitted ". Theaters would be required to locate on parcels that front on arterial or collector roadways when proposed in the MI J -L 1, MI J -1-2, and MI J -1_3 zoning districts. This would be consistent with how indoor entertainment is regulated. Likewise, in all mixed -use urban districts, conditional use approval would be required if the theatre is designed as an outdoor facility. Adding a theater as a permitted use in MLJ -L1, and changing it from a conditional use to a permitted use in the MIJ -1-2, is consistent with the City's vision for the downtown and the surrounding areas and promotes economic development. The mixed -use urban districts are envisioned for selected geographic areas east of I -95, with a mixture of uses and increased building intensity intended to further the City's Comprehensive Plan and redevelopment plans promoting compact design, transit oriented development, and jobs and housing balance. The mix 394 of 643 of uses should work in synergy, heightening pedestrian activity and creating a sustainable and interesting urban environment. Even though theater attendance has generally been waning in recent years, theaters are vital components of such synergistic mix of uses in many successful downtowns, providing a destination and attracting people to local restaurants and shops. Flexible venues featuring all types of performing arts may be more viable as contributors to "culturally -based economic development." "Theater" is already a permitted use in the C -3 and C -4 districts and in the C -2 -zoned sections of the Ocean Avenue Overlay. A number of areas zoned C -3 and C -4 are eligible for MU -L 1 and MU -L2 zoning. Finally, the request to rezone the Old High School property to MU-L1 is being processed concurrently with the subject request. As one of the uses proposed for this adaptive reuse project, performing arts would complement uses envisioned along the Cultural Corridor on Ocean Avenue by the Citv of Bovnton Beach Downtown Vision and Master Plan. Redefining Governmental uses As part of confronting budget issues, the City Commission last year directed staff to comprehensively examine the zoning map and Land Development Regulations against the objectives of maximizing land development value, and optimizing locations for non - profit uses. Over the past several years such tax exempt uses such as churches, schools and social service agencies have been added to most zoning districts, and acres of industrial land have been converted for non - industrial uses including residential. Staff conducted the evaluation and identified necessary changes intended to preserve industrial lands, and concentrate certain not- for- profit uses within zoning districts that include, or are in close proximity to their typical customer base. The City Commission approved staff recommendations. Not specifically addressed in this prior effort are the group of non - profit businesses falling under the "governmental" heading. Most (if not all) governmental uses enjoy tax exempt status if they oven title to the property. The LDR generally recognizes three (3) such principal uses - "community facilities," "essential services," and "post office." Excluding post offices, the code does not differentiate between the varying levels of governmental entities, such as municipal, county, regional, state, or federal. Likewise, the code does not differentiate between uses with moderate -to -high volumes of public interaction/customer- service traffic compared with those which serve principally a utility function, such as a warehouse, storage yard, or support operation. This ambiguity in the code can be burdensome to staff to interpret as well as ultimatelv contrary to the objective of maximizing development and land values. The code amendment proposes to define governmental uses in five (5) different categories with a distinction between City and non -Cite agencies. The reason for the distinction is that City uses should be given a higher degree of "home rule" privilege than the non -City counterparts, because the City's elected officials can carry out the will of the people when choosing appropriate locations for City facilities (within the city limits). Also, the purpose and intent of this amendment is to accommodate more industrial and commercial businesses in order to diversify the City's economy, which is consistent with the economic development goals. This analysis of such uses also allowed consideration of needs to prevent exclusion of necessary governmental operations that serve the local residents. 395 of 643 11cinilicturer'ss Renresentwive and Shouroom'TIarehozrses Staff has been approached by an entrepreneur desiring to operate a business in a vacant bay of an existing building located within a redevelopment area of the City. The entrepreneur Nvants to serve as a manufacturer's representative in the clothing industry. The business would provide customer service in an office -type setting, primarily through pre - arranged appointments. The inventory is mainly kept off- premises, although a small showroom could be available. Business offices are allowed in the C -1 zoning district. Currently, the code does not appropriately define this unique type of business, and staffs interpretation of the proposed business activities /operations categorizes it wvith principal uses which are more intensive in nature and limited to the C -4 and M -1 zoning districts. Without amending the code, the types of principal uses wvith which the subject business would be categorized are not allowed in the C -1 zoning district, unlike business offices. Business attraction and retention are important to the health of the City: therefore, staff is proposing to create a new principal use to address the issue. iorrrooin IT'arehoirses Staff, in an effort to increase business opportunities for larger scale retailers and assist in facilitating the leasing of some of the vacant commercial and industrial spaces within the City, is suggesting amendments to the LDR involving new definitions that separates uses that were formerly grouped under major headings such as ljercharrdzse, lew and Tfarehozrsing Understanding that Showroom -type establishments have different operational characteristics than department stores and home improvement big box stores relative to peak customer traffic and parking needs, the proposed amendment recommends the creation of a new principal use in the Use Matrix to recognize and regulate the use differently, including provisions within the Planned Indutrial Development District. Ti'arehozrse, Showroom (limited prochIct line) would be defined as a showroom -type establishment in which the principal use consists of a showroom for large household items such as furniture, major appliances, flooring, mattresses or the like. These establishments generally have a single product line, which differentiates them from department stores, electronics stores, home improvement stores and warehouse clubs in that they do not sell a wide range and mix of merchandise. Parking for this particular use would be one (1) parking space per each 500 square feet of gross floor area for the first 10,000 square feet and one (1) parking space for each 1,000 square feet thereafter, rather than being grouped in with typical retail uses at one (1) parking space for each 200 square feet, again based upon the lower volume of customer traffic associated wvith stores that sell the limited product line. Similarlv, the proposed amendment would create another principal use, Tfarehozrse, Internet Sales which is generally a warehouse use with a limited retail component. The business is typically a warehouse type of operation, selling items over the internet and would allow limited showroom floor area and weekend auction activities. This use would be defined as a warehouse- type business for the storing, packing and shipping of merchandise primarily sold through internet sales. This business has little on- premise client /customer contact Nvith limited showroom sales and limited on- premise auction activities (weekends only). Showroom area is not to exceed 20% of total gross floor area. Parking for this particular use would be one (1) parking space per each 500 square feet of gross floor area demoted to showroom/auction room and one (1) parking space for each 700 square feet of dedicated warehouse space, rather than one (1) parking space for each 500 square feet of warehouse space currently in the code, based upon the minimal on- premise customer contact associated with intemet sales. Again, the ability of the business to hold auctions is limited to weekends when parking demand in the industrial areas decreases. 396 of 643 Changes to the Vinzmzrm Setbacks Pools Seas and Decks The LDR currently contains provisions for swimming pools (and spas) and decks /patios. The code recognizes two (2) tvpes of swimming pools /spas - in- ground and above- ground, and each are regulated differently. Both types are allowed within side interior and rear yards, but none are permitted within front or side corner yards. The minimum required setback for in- ground pools (and spas) is eight (8) feet from side interior and rear vards. The rear setback may be reduced to five (5) feet in certain instances where the subject property abuts "undevelopable lands" (e.g., bode of water; Interstate Highway golf - course, etc.). Above- ground swimrning pools (and spas) are required to be setback 10 feet from side interior and rear property lines and there are no special provisions to reduce their required setbacks. The proposed code amendment would modify how in- ground and above- ground swimming spools (and spas) are regulated. As proposed, in- ground and above- ground swimming pools and spas (36 inches in height or less) would be regulated in the same manner. The minimum required setback (from side interior and rear property lines) would remain at eight (8) feet, however, the provision to reduce the setback along qualifying rear property lines would change from five (5) feet to two (2) feet (by right). Furthermore, this setback may be reduced to zero (0) setback, but only upon the discretion of the Director of Planning and Zoning where determined to pose no impact to abutting properties. In addition, this provision for reduced setbacks would be extended to side interior property lines as well. Decks and patios are site improvements that are typically associated with swimming pools and spas. As such, the aforementioned provision to reduce the side interior and rear setbacks are applicable to them as well, if designed concurrently with a swimming pool or spa. Nothing would change with respect to above- ground pools that are taller than 36 inches in height — thev would still be subject to the 10 -foot setback. No change is proposed to either type regarding the prohibition of swimming pools and spas in front or side corner yards. Provisions for Small TT ind Ener2j Systeins (STIES) In creating a more sustainable community, staff recognizes great benefits in drafting land development regulations (LDR) that promote renewable energy, recycling, and conservation. Through the years and particularly after the adoption of the Climate Action Plan, staff has been systematically and proactively drafting "green" regulations, such as provisions for photovoltaic (PV) arrays, compost bins, rain barrels, community gardens, electric vehicle (EV) charging stations and windmills for aeration purposes. In 2010, the City adopted provisions for non - energy producing windmills, to be allowed within nonresidential zoning districts for the sole purpose of aerating wvet detention areas. At the time, the Utilities Department wanted to install two (2) windmills (25 feet in height) at the wvet detention area of Mangrove Walk Park/Downtown Stormwater Pond as part of a resolution to a water quality problem involving the Florida Department of Environmental Protection (DEP). The windmills were intended to assist in the aeration of the wvet detention pond that stores water before being released into the Intracoastal Waterway. The code amendment was approved on an "interim basis" in order for staff to have time to observe, measure, and record anv adverse impacts resulting from the windmills. One main concern was the potential for impacting 397 of 643 bird/wildlife. After the ordinance was adopted, staff conducted monthly inspections over the course of the following year and observed no dead birds or animals. During the public hearing process, it was understood that future code provisions could be considered once the windmills were tested and yielded little or no adverse impact, or if the benefit of having them far outweighed the costs. The windmills, along with two fountains located within the Downtown Stormwater Pond, now aerate the pond and help to maintain adequate dissolved oxygen levels to support a healthy aquatic environment for fish, turtles, plants, and other aquatic life. The Utilities Department has been pleased with the operation and effectiveness of the windmills since their installation in 2010. The current provisions in the LDR allow windmills only on non- residential sites for the sole purpose of aerating wet detention areas. This proposed amendment would expand their provision to allow for energy production and storage. Staff acknowledges that Florida's geography does not avail it the same wind characteristics as that which is experienced in other regions of the country for optimum wind energy production; however, it is staffs opinion that incorporating provisions for small wind energy systems (SWES) into the code will expand educational programs and energy - saving options for property owners, as well as reduce local energy costs and/or our carbon footprint. In drafting regulations for SWES, staff took into consideration the current provisions for Wireless Communication Facilities (WCF), particularly the "non- concealed freestanding structures," given that they are the most likely of all WCFs to have the potential for negative impacts. Under the current regulations, non - concealed WCFs are allowed in the Planned Industrial Development (PID), Light Industrial (M -1), Recreation (REC), and Planned Unit Development (PT D) zoning districts. In all instances, WCFs are required to be separated from each other by 750 feet. Other restrictions may apple (e.g., maximum height, minimum setbacks, minimum acreage, etc.), depending on the location and size of the property, however, the tallest structure may be constructed up to 150 feet in height. Because SWES have moving components, staff determined that their provisions should be more restrictive, particularly with respect to maximum allowable height. Windmills are currently allowed (for aeration purposes) in commercial and mixed use districts with a maximum height of 25 feet. The proposed regulations would not change the height restriction, but would now allow windmills for energy production purposes as well as for aerating lakes and ponds. The most significant change proposed in connection with this amendment is the provision to allow SWES in industrial (i.e., PIT) and M -1) and "miscellaneous" (i.e., PU and REC) zoning districts with a maximum height of 75 feet. Each structure would have to meet minimum setbacks (1 -foot of setback from property line for each foot of structure height). Staff understands that at least two (2) SWES may be proposed to Galaxy Elementary School in the near future. Modifications to these regulations may be warranted once more is determined on planned locations and specifications of the SWES at the rebuilt elementary school. Charges to the Flood Prevention Requirements 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. These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. 398 of 643 The City of Boynton Beach participates in the NFIP and regulates structures in the floodplain in accordance with Chapter 44 of the Code of Federal Regulations (44 CFR). On JanuarY 15, 2013, the State of Florida adopted a Model Floodplain Management Ordinance. As part of the City's initiative to achieve regulatory compliance, the proposed code amendment would add language that is recommended by the Model Ordinance. The new language would add flood - related definitions as well as reformatting and clarifying the City's procedures in the administration of the floodplain regulations. It should be noted that no new processes or substantive changes are being proposed at this tine; therefore, there would be no difference in how the City administrates the flood prevention provisions should the proposed ordinance be adopted. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendments. Overall, these amendments encourage /promote business /economic development, and simplify regulations thereby making the code more user - friendly. S Plamung.SHARED NyT SPECPROJ'.CODE REVIEW ('E)Ry 13 -00 $ffiterint nuemhuents II CDRy 13 -00 Staff Report(rec).doe 399 of 643 EXHIBIT "A" CHAPTER 1. GENERAL ADMINISTRATION ARTICLE 11. DEFINITIONS COASTAL CONSTRUCTION CONTROL LINE —See FLOOD, COASTAL CONSTRUCTIDN CONTROL LINE." DEVELOPMENT- A single use or combination of uses, proposed or approved, that may include but not be limited to a single - family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in ss'. 380.04 Fla. Stat., pursuant to a development order or permit. With respect to workforce housing, it shall mean a proposed development at one location which includes at least 10 residential units for which site plan approval is required. With respect to flood prevention requirements, it shall mean any man -made Change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials. mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. ESSENTIAL SERVICES AND INFRASTRUCTURE — Services and infrastructure provided by governmental entity or public /private utility, such as underground. surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety. and general welfare of the public. This use excludes wireless communication facilities (WCF). and a c as, +.. the ., ran ,UM„ h safe conven and welfare FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agencv that. in addition to carrying out other functions, administers the National Flood Insurance Program. FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in channel alignment, channelization. or change in cross - sectional area of the channel or the charnel capacity, or any other form of modification which may alter, impede, retard or change the direction and /or velocity of the riverine flow of water doing conditions of the base flood. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. BASE FLOOD - A flood having a one percent (1 %) chance of being equalled or exceeded in any given year. The base flood is commonly referred to as the "100 year flood" or the "I- percent- annual chance flood." 400 of 643 BASE FLOOD ELEVATION - The elevation of the base flood, including wave height. relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). BASEMENT - The portion of a building having its floor subuade (below Around level) on all sides. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to section 161.053. F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year stonn surge, storm waves or other predictable weather conditions. DESIGN FLOOD - The flood associated with the mater of the following two areas: 1) Area with a floodplain subject to a 1- percent or greater chance of flooding in anv vear: or 2) Area designated as a flood hazard area on the conununity's flood hazard map, or otherwise legally designated. DESIGN FLOOD ELEVATION - The elevation of the `design flood," including wave height. relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of thebuilding's perimeter plus the depth number (in feet) specified on the flood hazard map. hi areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet. ENCROACHMENT - The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. FLOOD DAMAGE- RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining anv damage that requires more than cosmetic repair. FLOOD HAZARD AREA - The greater of the following two areas: 1) the area within a floodplain subject to a one (1)- percent or greater chance of Flooding in anv vear: and/or 2) the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated FLOODWAY ENCROACHMENT ANALYSIS - An engineering analvsis of the impact that a proposed encroachment into a floodway is expected to have on the tloodwav boundaries and base flood elevations: the evaluation shall be prepared by as qualified Florida licensed engineer using standard engineering methods and models. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended pumose unless it is located or caiTied out in close proximity to water, including only docking facilities. port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities: the term does not include long term storage or related manufacturing facilities. 401 of 643 HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. LETTER OF MAP CHANGE (LONIQ - An official detenmination issued by FEMA that amends or revises an effective Flood insurance Rate Map or Flood insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planirnetric features. Letter of Map Revision Based on Fill (LOMR -F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore. no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the conunmrity's floodplain management regulations. Conditional Letter of Map Revision ( CLOMR): A fonnal review and comment as to whether a proposed flood protection project or other project complies with the minimum NF1P requirements for such proiects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study: upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood- resistant enclosure, other than a basement, usable solely for vehicle narking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non - elevation requirements of the Florida Building Code or ASCE 24. SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al A30, AE, A99, AH, VI V30. VE or V. FLORIDA BUILDING CODE (FBC) - The familv of codes adopted by the Florida Building Commission, including: Florida Building Code, Building: Florida Building Code, Residential; Florida Building Code. Existing Building: Florida Building Code, Mechanical: Florida Building Code. Plumbing: Florida Building Code. Fuel Gas. 402 of 643 GOVERNMENT - A principal or accessory use that provides both essential and non - essential services /infrastructure to promote the health safety. and general welfare of the public. For clarification. this use does not include wireless communication facilities, SCHOOLS or SOCIAL SERVICE AGENCIES. The five (5) categories of governmental uses are as follows: MUNICIPAL OFFICE /EMERGENCY /CIVIC FACILITIES CITY COMMUNrnnirmv 1z A C I 'e - rI IT I n I Ce S - A municipal ga �e��,- ��.a�� "4 use such as an administrative office. public safety station or substation, civic center, library, recreational centers, and other similar uses that are typically accessed by the public, including pubic parking facilities ;°tali: h ri Rffil ' „F the benefit and Sef','iee for the POPUlatiefi Of the community in 'Ahieh it is located. MUNICIPAL UTILITY /SUPPORT FACILITIES - A municipal use such as an electric power facility, wastewater treatment plant, recycling- center, solid waste transfer station, and maintenance /storage facility that provides an essential utility or support service without direct access to the facility y the public. NON - MUNICIPAL OFFICE FACILITIES -A non - municipal governmental orquasi public use, excluding- a POST OFFICE, which typically functions in a regulatory capacity and directly serves the public. such as administrative offices (e.g.. employment, health, public assistance. etc.), motor vehicle registration and licensing services, and iudicial buildings. NON - MUNICIPALUTILITY /SUPPORT FACILITIES -A non - municipal Governmental or quasi - public use that provides essential utility and support services and infrastructure to the public such as an electric power facility, wastewater treatment plant, recycling center, solid waste transfer station, maintenance /storage facility, or bus/train station. POST OFFICE - A government operated facility that provides mail delivery services, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. MANUFACTURER'S REPRESENTATIVE - An establishment primarily engaged in providing customer service to the public on behalf of a manufacturer in an office -type of setting. primarily through pre- arranged appointments. The business owner typicallv markets the product line to the customer through the use of catalogues, brochures, or samples, and takes product orders, and relays product orders to the manufacturer. inventory for point -of- purchase sales shall not be allowed. Individual items may be shipped directly to the representative for pickup by the customer; however. large items or bulk goods are shipped directly to the customer. because the business use is deemed to be an office rather than a retail, warehouse, or distribution operation. SMALL WIND ENERGY SYSTEM (SWES) - A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which is intended to primarily reduce on -site consumption of utility power and /or to serve an educational purpose. The total height is measured at the tip of the blade or the highest piece of eq uipment attached thereto. I n case of building- mounted towers, the height of the tower includes the height of the building on which it is 403 of 643 mounted. For clarification, any SWES that is affixed to a building shall comply with the maximum height and minimum setbacks required for an at -grade tower. SOCIAL SERVICE AGENCY - A non - regulatory public or private not- for - profit establishment providing a combination of support services, resources, and activities, including counseling (except for drug and alcohol addiction), education, training and referral; and soliciting funds to be used for these and related services. Also includes establishments with community improvement and neighborhood development functions. Excludes establishments providing overnight accommodations, medical clinics dispensing prescription medications, and on -site food preparation and consumption; on -site food distribution is permitted only if part of the establishment's service mix and not its main objective. WAREHOUSE, INTERNET SALES - A warehouse -type of estahlishment that stores, packs, or ships merchandise that is sold primarily over the internet, and wherein customer visits occur infrequently. The business may have an accessory showroom area and /or auction activity; however. any such space dedicated to a showroom shall not exceed 20% of the Bross floor area, and anv auction activity is restricted to weekends only. CHAPTER 2. LAND DEVELOPMENT PROCESS. ARTICLE 1. OVERVIEW... ARTICLE 11. PLANNING AND ZONING DIVISION SERVICES... ARTICLE 111. ENGINEERING DIVISION SERVICES... ARTICLE IV. BUILDING DIVISION SERVICES Section 1. General... Section 2. Building Permit... Section 3. Sign Permit... Section 4. Variances. A. General... B. Submittal Requirements... C. Review Criteria... D. Approval Process... E. Expiration. See Section 112 of the City's Administrative Amendments to the 2010 FBC inn-, Pl Rau ;.., C-s4e for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. Miscellaneous. 1. Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the City's Administrative Amendments to the 2010 FBC 100; rx.aua „m God 2. Flood Prevention Variances. Any applicant to whom a variance from the flood prevention requirements has been granted shall be given written notice specifying the difference between the base flood elevation and the 404 of 643 elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. a. Historic Buildin! s and Structures. ____- c.._... `__ 4 p4:eveAtip;4 repro t ina) do oa r she The repair, improvement, reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, or-the State Inventory of Historic Places or the Boynton Beach Register of Historic Places, are clieible for vmiances from the flood prevention requirements of the LDR without regard to the procedures set forth in the remainder of this section upon evidence by the apphcantthat such actions would adversely impact the historic designation of the structure The Director of Development or designee shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. b. Functionally Dependent Uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of subsection "a" above, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. CHAPTER 3. ZONING ARTICLE 1V. USE REGULATIONS Section I. Operational Performance Standards. Section 2. Hazardous / Toxic Waste and Substances. Section 3. Use Regulations. A. General... B. General Rules of Use Matrix... 1. Vacant Box... 2. Business Activity... 3. Terms... 4. Column Headings in Title Block... 5. Fire Department Hazardous Material Disclosure. 6. Drive - Through Facilities. Drive -up, drive - through, and drive -in facilities require conditional use approval unless otherwise specified. The facility, including the stacking lanes must not be visible from public rights -of- way where located within the SMU district, MU -Ll district, MU -1_2 district, and MU -1_3 district. Furthermore, these facilities are prohibited in the MU -H and PID districts for all establishments listed under the "Commercial " and "Public 405 of 643 & Civic" use group. See Chapter 4, Article VI, Section 3.E for additional standards regarding queuing and vehicular stacking. Distribution of Narcotics and Other Controlled Substances... Prohibited Use of Public Parking Spaces... 9. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chanter 1, Article 11 are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as landscaping or other types of screening may apply on a case -by -case basis as determined by the Director of Planning & Zonin 10. 9, Miscellaneous. It should be noted that each use category may contain additional limitations orrestrictiom. Pleasereferto the Definitions (see Chapter 1, Article II), the applicable zoning district regulations in Chapter 3, Article III, and the Supplemental Regulations in Chapter 3, Article V. C. Use Matrix Legend... D. Use Matrix (Table 3 -28). This space intentionally left blank —see next page. 406 of 643 407 of 643 , #c :» m \ P BAR ®! j MU -11 - ; \— w mu wo ao \ \ } c c )�,: C-2 c! � � ( _, mo �® . r oy R ;» ,; ;G ,, =4 ;4 :: R zz ) R-I R-I -AA z!«AB \\ � 407 of 643 : #c k + \ P j w! MU -11 : - ! \ — w : �> mu wo qo / �- �, �: C \ } c / - ƒ �� :T C-2 -4: § N_ -7 » c! _, ( +o _> ,! r oy R ,;, __� ! \ R ® R _» ,! R-I => ,! R-I -AA =_ ,! z!«AB => 44 \ �- \\\ 408 of 643 �c K i i y h 409 of 643 REC aA�M ciI PU YID M -1 2 ai MU -14 - - MU -L3 - - j MU -L2 - - MU -Ll - - SMU - - PCD F CBD a F C -4 E c ,], d O 7 a C-3 C -2 0 z z c C -1 F M1iP PUD - u iPUD V R -3 a R -2 ro R -1 z R- I -A R -1 -AA K -1 -AAB �c K i i y h 409 of 643 USE REGULATIONS 1. General Note. Gross floor area shall not exceed 5,000 square feet. 5. General Note. This use shall be prohibited on the first floor. 11. General Note. This use shall be integrated into a mixed use building or development. 18. Ocean Avenue Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue Overlay Zone (OAOZ). b. Any proposed non - residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. C. Any allowable use is considered permitted by right, provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non- confonning. d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and visual arts. 22. General Note. This non - industrial use is allowed within the M -1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial roadway; 2) does not exceed 5,000 square feet; 3) excludes a drive -up, drive- through, or drive -in facility; and 4) complies with all off - street parking requirements of Chapter 4, Article V. hi addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 24. General Note. This non-industrial use is allowed within thePiD district provided it is located on a lot that has a Commercial (C) land use option. 25. General Note. This non - industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (,G &I) land use option. 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (1) land use option. 28. General Note. This non-industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID: or 2) on a lot with a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office (0) land use option. No drive - through facility shall be allowed in connection with this use. 11 410 of 643 USE REGULATIONS 62. Automotive, Minor Repair. a. C- 2district. AUTOMOTIVE, MrNORRLPAnzis allowed asan accessory use toa GASOLINB STATION. Conditional use approval is required for this component of the establishment. b. C -3 district. (1) As an Accessory Use. AUTOMOTIVE, MINOR REPAIR is allowed as au accessory use to a GAS STATION and also to AUTOMOBILE RENTAL, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use... C. C -4 district... d. PCD district... e. M -1 district... b. PID district... 68. Personal Care (Beauty, Hair, Nails). a. R -3 district, PUD district, C -2 district, C -3 district, C -4 district, CBD district, PCD district, all "Mixed Use" districts and PID district. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M -1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4 above. 74. Social Service Agency. a. R -2 district and R -3 district. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to 2,000 square feet (per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but not to exceed 5,000 square feet. (3) Design. Building design shall be consistent with surrounding residential styles. 12 411 of 643 USE REGULATIONS (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single- family residential zoning districts. 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. 85. Government— Oflice /Emereency /CivicFacilities GammunitN Faeiliti 1. a. All districts. Conditional use approval shall be required for Gross floor area in excess of 5,000 square feet. 86. Government, Non - Municipal Office Facilities. gsseiitia - -r a. All "Mixed Use," M -1 district, and PID district. This use shall be integrated into a multiple -tenant building. It must not 1) occupy more than 50 of the gross floor area of any given building or 2) exceed 30% of the gross floor area of the mixed use development, where applicable. b. M -1 district This non - industrial use is allowed within the M -1 district. provided that it 1) excludes a drive - up, drive - through, or drive -in facility: and 2) complies with all off - street parking requirements of Chapter 4, Article V. 87. Day Care. a. R -1 -AAB district, R -1 -AA district, R -1 -A district, R -1 district, and PUD district. The following applies to facilities to be located within zoning districts limited to single family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article Section 5.G "', °� See4 ii 3 6 13 412 of 643 USE REGULATIONS (2) Lot Size. A minimum of one -half (0.5) acre. (3) Separation. Minimum separation requirement between DAYCARES shall be 2,400 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such as CHURCH members, and should not be intended to place restrictive limits on the expansion / improvement of those uses existing prior to codification. b. R -2 district and R -3 district. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one -half (0.5) acre ^� /)ate (b) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (c) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section 5.G III Seotioo z c cd3 SepaF tion. Milan.lfflgse}3af tion Fequifenient b.tv, e .« lam. not apply te dayeafe uses limited to speeifie gfauj3S Sul'� "" 1441 C. PCD district. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 feet. Section 4. Conditional Uses... Section 5. Non - conforming Uses... Section 6. Penalties... ARTICLE V. SUPPLEMENTAL REGULATIONS 14 413 of 643 USE REGULATIONS Section 1. General... Section 2. Walls and Fences... Section 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences... A. Building Appurtenances... B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and Uncovered). Unless otherwise regulated by a master plan or site plan for a planned development, unenclosed and uncovered decks, patios, steps, stoops, and terraces less than orequal to one (1) -foot in height shall be setback at least two (2) feet from any property line. Those with heights greater than one (1) foot but less than or equal to three (3) feet shall be setback at least three (3) feet from any property line The aforementioned setbacks may be further reduced, but only in connection with a swimming pool as provided for in accordance with Section 3.1) below. In both instances however they shall be maintained and drained so as to prevent nuisance conditions to the public and/or abutting property owners. Decks, patios, steps, stoops, and terraces greater than three (3) feet in height shall comply with the minimum setbacks required for the principal building. Driveways for residential off - street parking areas shall be regulated in accordance with Chapter 4, Article V, Section 2.13. C. Screened -Roof Enclosures... D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site plan for a planned development, in- ground and above - around swimming pools and spas (less than 36 inches in height) shall be setback at least eight (8) feet from rear and side interior property lines; however, such required setbacks may be reduced to two (2) feet in instances where the rear or side interior vard, whichever is applicable, abuts a body of water, Rolf- course, an improved road, railroad, or highway right -of -way. or a non- residential property. The required setback may be further reduced in such situations, but only upon the determination of the Director of Planning & Zoning when determined necessary to 1) comply with all applicable rules and regulations: 2) be of minimum scale that will make possible the reasonable use of land: and 3) have no impact to abutting properties. For clarification, the provision to reduce setbacks shall only be available within the vard(s) along property lines abutting the gualifvin2 undevelopable or non - residential lands. Above - ground swiumxinR pools and spas greater than 36 inches in height shall be setback 10 feet from rear and side interior property lines. In all instances, swimming pools and spas shall not be allowed within the required front or corner side vards. including forward of the front or side corner building lines. Swimming psals and spas shall 1..... d f,.11,...::- 414 of 643 USE REGULATIONS the r front or corner g id a d s ,cl .,a'.., fo of the 'wifilmifi., paki I s and sp. e- 1 . eAy lines. s h a ll Ho t b ..11.... .'41 ,. ..,,,, 1 f..,.,,t �iErL'— pr°Irorrj-- 1- 1"` ^ . ' , rza�T� k.-ravaxi th �rcgf.4icmnvixror eHFHef Side �H+EIS, 41eltid fig �Ofl,�ifid 404e 40fil 14F Side eeiqaef btfildiR., lines. 1. Private Pump Housing and Equipment. Private pump housing and equipment for swimming pools (and spas) shall be setback at least three (3) feet from the rear and interior side property fines and adequately screened where visible from abutting rights -of -way or properties zoned for single - family residential dwellings. Private pump houses and equipment shall not be allowed within the required front or comer side yards, including forward of the front or comer side building lines, unless approved for an administrative adjustment ifit is determined that no other on -site location is available or feasible. See Chapter 2, Article 11, Section 4.A, for the regulations pertaining to the administrative adjustment process. 2. 4- Miscellaneous. See the Florida Building Code for additional regulations regarding barrier requirements around a swimming pool. E. Sheds and Storage Containers... F. Arbors, Trellises, and Pergolas... G. Open Air Structures and Gazebos... H. Barbecue Pits... 1. Rock Gardens... J. Garden... K. Fish and Lily Ponds... L. Fountains, Sculptures, and Miscellaneous Art... M. Playground Equipment... N. Flags and Flagpoles. In addition to the standards listed below, the maximum size of any one (1) flag shall not exceed 24 square. For the purpose of this subsection, building height shall be construed to be the highest point of the roof. 1. Flagpoles. A flagpole, which contains no more than one (1) structural ground member for support, shall be setback at least 10 feet from any property line. a. Single - Family and Two - Family Residential Districts. Qny one (1) flagpole, containing a maximum of two (2) flags, may be erected per lot. The maximum height of a flagpole shall neither exceed the building height nor 25 feet, whichever is less. No flags of any commercial nature may be flown on flagpoles located within any of these districts. 415 of 643 USE REGULATIONS b. All Other Districts. Only one (1) flagpole, containing a maximum of two (,2) flags, may be erected per lot / development. The maximum height of a flagpole shall neither exceed the building height nor 45 feet, whichever is less. C. Certain Uses. A maximum of three (3) flagpoles, containing one (1) flag each, may be erected per lot / development for the following uses (as described by the Use Matrix (Table 3 -28) of Chapter 3, Article 1V, Section 3.D: Community Facilities, Schools (Primary and Secondary), and Post Office. Two (2) flags may be flown on single flagpole if only one (1) flagpole is erected for the entire development. 2. Stanchions (Affixed to Buildings). A maximum of two (2) stanchions, containing one (1) flag each, may be allowed per lot / development. a. Size. The total projection of a stanchion shall not exceed nine (9) feet in length. b. Maximum Height. Theprojection of the stanchion, in conjunction with its angle, shall not cause the top of the stanchion to be taller than the existing building height. c. Minimum Clearance. A minimum dimension of nine (9) feet shall be maintained under the flag, where needed to provide adequate clearance for pedestrians. d. Location. Stanchions shall only be affixed to principal buildings. They may protrude into any required yard setback but shall not extend outside the property boundaries, except in instances where they protrude into an abutting right -of -way. The owner shall obtain all necessary approvals and permits where stanchions protrude into apublic right -of -way. 3. Wireless Communication Facilities. See Section 13 below for regulations regarding flagpoles that are used in connection conjunction with Concealed Wireless Communication Facilities. O. Seawalls, Bulkheads, Docks, and Piers. P. Light Poles and Portable Landscape Lighting... Q. Mailboxes... R. Heating, Ventilation, and Air Conditioner (HVAC) Units... S. Utility Transmission Lines... T. Generators and Fuel Tanks... U. Compost Bin and Tumbler... V. Rain Barrel... W. Solar Photovoltaic (PV) Arrays... 17 416 of 643 USE REGULATIONS X. Windmills and Small Wind Energy Systems (SWES). WindntillsandsmA wind energy systems (SWES) are allowed in a limited number of zoning districts, contingent upon compliance with the following: 1. Maximum Number, Height, and Minimum Setbacks. I Height limitations imposed by the Federal Aviation Administration shall supersede any of the regulations contained herein. No restriction shall apply with respect to the total number of structures if the subject property is owned or leased by the Citv. '- If proposed in Quantum Park, the maximum height shall be restricted to 25 feet, except if proposed on a lot thathas a Government & Institutional (6&1) or Industrial (1) land use option. Minimum required setback is equal to tower height. 2. Unauthorized Access. a. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. b. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessihle to the public for a minimum height of eight (8) feet above the eround. 3. Ground Clearance. At its lowest point. the tip of any turbine blade shall he no less than 15 feet above the surface of the round. 4. Tilt -Down Capability. The SWES shall be designed with tilt - down capability where located within comutercial and mixed use districts and such facility shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. For clarification, these provisions shall be applied to all SWES located on lots in Quantum Park wherein the 25 -foot height restriction is apnlicable. 417 of 643 Maximum Minimum Setback Number per Zoning District Maximum Height' Ratio Lot All Commercial 1 2 1 per acre 25 feet 75 feet' l:l and Mixed Use All Industrial All N/A 75 feet Miscellaneous I Height limitations imposed by the Federal Aviation Administration shall supersede any of the regulations contained herein. No restriction shall apply with respect to the total number of structures if the subject property is owned or leased by the Citv. '- If proposed in Quantum Park, the maximum height shall be restricted to 25 feet, except if proposed on a lot thathas a Government & Institutional (6&1) or Industrial (1) land use option. Minimum required setback is equal to tower height. 2. Unauthorized Access. a. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. b. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessihle to the public for a minimum height of eight (8) feet above the eround. 3. Ground Clearance. At its lowest point. the tip of any turbine blade shall he no less than 15 feet above the surface of the round. 4. Tilt -Down Capability. The SWES shall be designed with tilt - down capability where located within comutercial and mixed use districts and such facility shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. For clarification, these provisions shall be applied to all SWES located on lots in Quantum Park wherein the 25 -foot height restriction is apnlicable. 417 of 643 USE REGULATIONS 5. Automatic Overspeed Controls. All SWES shall be equipped with manual and automatic overspeed controls to limit blade rotation speed to within the design limits of the system. 6. Disconnect. A means of disconnecting the SWES power source in an emergency shall be provided. This equipment shall be located adjacent to the electric meter on residences and near the shunt trip on non - residential buildings. 7. Electrical Wires. All electrical wires shall he installed underground. 8. LiLhting. A wind tower <md generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). 9. Sound.Audible noise due to SWES operations shall not exceed 55 dBA or 10 decibels greater than ambient noise levels, measured at the nearest . property line. Sound levels may be exceeded during short -term events out of anvene's control such as utility outages and/or severe wind storms. 10. Appearance. The exterior finish shall be a single non - reflective neutral color maintained throughout the life of the unit, excluding identification and warning markings. The equipment_ conduit, and associated facilities shall be painted to complement existing structures. No lattice or use of guyed wires shall he an allowable component to the design a SWES. 11. Sienaae. All signs shall be prohibited, otherthan the manufacturer or installer's identification or those used for safetv /informational purposes. The intent is that no advertising shall occur in connection with a windmill or SWES. Safety signs shall include "no trespassing," "high voltage," and the phone number of the property owner or operator to call in case of an emergency. 12. Abandonment. The goveming body of the City finds that junked, wrecked, dismantled, inoperable or abandoned SWES in and upon private real propertv within the City is a matter affecting the health, safetv, and general welfare of the citizens of the City. if a SWES is inoperable for six consecutive months the propertv owner shall be notified that they must, within six months of receiving notice, restore their system to operating condition. If the property owner fails to restore their system within the required six -month time frame, said owner shall be required, at his expense, to remove the wind ttnbine from the tower. The tower shall then be subject to the provisions of Citv ordinances Pertaining to nuisances. 13. Certification. All SWES shall be certified under a program recognized by the American Wind Energy Association. � greater than 25 foot i hei r f. ..ed .,...„ tho f,.,..,darion ,...ba t t 418 of 643 USE REGULATIONS CHAPTER 4. SITE DEVELOPMENT STANDARDS. ARTICLE 1. ENVIRONMENTAL PROTECTION STANDARDS... ARTICLE H. LANDSCAPE DESIGN AND BUFFERING STANDARDS... ARTICLE 111. EXTERIOR BUILDING AND SiTE DESIGN STANDARDS... ARTICLE 1V. SIGN STANDARDS... ARTICLE V. MINIMUM OFF - STREET PARKING REQUIREMENTS Section 1. General... Section 2. Standards... A. General... B. Table 4 -17. Residential and Lodging Uses... C. Table 4 -18. Commercial and Office & Health Care /O €flee Uses. Commercial and Office & Health Care Uses Standard Number of Required Parking Spaces Building m i.x ba"d upon grans floor area (in squaie unless specifically expressed otherwise. Any Non - residential use (minimum): 4 or 1 per 200, whichever is greater' Shopping center: 1 per 200 Office - Retail Complex: 1 per 200 Restaurant: 1 per 2.5 seats - no less than 1 per 100' Bar & Night Club: 1 per 2.5 seats - no less than 1 per 100 Gasoline Station: 7 per 250' Grocery Store: 1 per 200 Auto Car Wash (Polishing, Waxing, Detailing) Autonwted (no ernpl(qees): N/A Full- Service: 4 per tunnel Auto Car Wash, Self- Service Bay: 2 per bay Auto /motorcycle / track, trailer, rec. vehicle sales / rental: 1 per 500' Automotive, Repair Major and Minor 7 per 250 Automotive, Repair (paint and body shops only): 1 per 300' Boat Dealer / Rental: 1 per 500 Coin - operated Laundry or Dry Cleaner: 1 per 250 Copying, Printing, or Sign Design: 1 per 300 Funeral Home: 1 per 200 Pet Care: 1 per 300 Bank and Financial Office: 1 per 250 Medical or Dental Office, Imaging / Testing: 1 per 200 Photography Studio: 1 per 300 Personal Care (Beauty, Hair, and Nails): 1 per 100 20 419 of 643 USE REGULATIONS Furniture and Home Furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi. Limousine, and Charter Bus: 1 per 300 Nursery, Garden, and Farm Supply: 1 per 2,000 of outdoor nursery area' Travel Agency: 1 per 300 S r. e _.,.. 00n , W.._er.._..�e Business / professional office not listed within this subsection: 1 per 300 Estabhsttments not listed elsewhere within this subsection: 1 per 200 Non- residential: For the non - residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if 20% or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is 20% or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4, Article Vi, Section 3.F. Gasoline Station establishments that contain "Automotive, Minor Repair" shall provide for additional parking spaces (see "Automotive, Minor Repair"). Plus one (1) space per 75 square feet of detail, washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent a Plus one (1) space per 10,000 square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. ' One (1) space per 250 square feet of gross floor area devoted to office, display of merchandise, and waiting area. in addition, three (3) parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However, in no case shall less than four (4) outside parking spaces be provided. s In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area (the size of a standard parking space) between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. Plus required parking for any retail floor area. 21 420 of 643 USE REGULATIONS D. Table 4 -19. Arts, Entertainment, and Recreational Uses... E. Table 4 -20 Industrial Uses. Industrial Uses Standard Number of Required Parting I Spaces Building area size is based upon gra.vs ffoor area (ins care eet) unless specifically ex tressed otherwise. Any Non - residential use (minimum): 4 or 1 pei 200, whichever is reater' Dry Cleaning Plants: 1 per 500 and Commercial Printing: 1 per 500 - Publishing Packing & Shipping, Trucking, and Moving: 1 per 800 Research & Development, Scientific l Technological: 1 per 300 Warehouse, Wholesale, Distribution Multi- tenant building, Multi -use: r per 500 Single -te a building, Single -lave: 1 per 800" Warehouse, Dead-Storage 1 per 1,000 Warehouse, hiternet Sales I per 700' Storage, Self - Service (Litrited and Multi - access): 1 Per 75 bays - Manufacturing and industrial uses not listed elsewhere: 1 per 500 Non- residential: For the non - residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. - Space allocated for accessory office use shall require puking at the ratio required for the principal use, provided that the accessory office use does not exceed 20% of a single- tenant building or 20% of each bay within multi - tenant buildings. Additional parking shall be required it a ratio of one (1) space per 300 square feet for any accessory office floor area that exceeds 20 % of the building l bay(s). Plus one (1) space per 500 square feet of area devoted to showroom/auction room. 4 Plus one (1) space per 300 square feet of office space plus two (2) security spaces, if applicable. F. Table 4 -21 Educational Uses... Section 3. Special Reductions in Required Off - Street Parking... Section 4. Exceptions to Providing Required Off- Street Parking... Section 5. Other Parking Regulations... Section 6. Penalties... CHAPTER 4. SITE DEVELOPMENT STANDARDS. ARTICLE L ENVIRONMENTAL PROTECTION STANDARDS... ARTICLE 1I. LANDSCAPING DESIGN & BUFFERING STANDARDS... ARTICLE 1I1. EXTERIOR BUILDING AND SITE DESIGN STANDARDS... 22 421 of 643 USE REGULATIONS ARTICLE 1V. SIGN STANDARDS... ARTICLE V. MINIMUM OFF- STREET PARKING REQUIREMENTS ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING STADARDS... ARTICLE VII. EXTERIOR LIGHTING STANDARDS. Section 1. General... Section 2. City Approval Required... Section 3. Standards... Section 4. Community Design. A. General... B. Buildings and Structures... C. Maximum Footcandle and Illumination Levels. Permanent off - street lighting levels for all multiple - family residential and non - residential uses shall not exceed five and nine- tenths (5.9) a maxis - rum of six (6) footcandles for any spot location reading, excluding those areas where higher lighting levels are required for Automated Teller Machines (ATM) or as identified in Crime Prevention through Environmental Design (CPTED). D. Pole (Total Overall) Heights in Relation to Building Height... Section 5. Prohibited Lighting... Section 6. Penalties... ARTICLE Vlll. UTILITY AND INFRASTRUCTURE DESIGN STANDARDS... ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION... ARTICLE X. FLOOD PREVENTION REQUIREMENTS Section I. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. The purpose of this article and the flood load and flood resistant construction requirements of the Florida Building Code (FBC) are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to Flooding through regulation of develoomentin flood hazard areas to 1. Minimize unnecessary disruption of commerce, access. and public service during times of flooding; 2. Reg uire the use of appropri ate con struction practices in order to prevent or minimize future flood damage; 23 422 of 643 USE REGULATIONS 3. Manage filling. grading, dredging, nuning. paving. excavation. drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; 8. Meet the requirements of the National Flood Insurance Prograin (NFIP) for community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); and 9. To insure that potential homebuyers are notified that property is in a flood area. 423 of 643 USE REGULATIONS 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; 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 bangers 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 determine whether proposed new development will be located in flood hazard areas to assure that the permit requirements of this article have been satisfied. This includes reviewing applications for modifications of anv existing development in flood hazard areas. b. Advise pennittee 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). 25 424 of 643 USE REGULATIONS 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 TV, 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 Vlll BFI, Section l .D.2. k. When base flood elevation data has not been provided in accordance with Section LD 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 Sections3and4below, " r:n;,ti „4- n,. ^,..1,,,. I i ml .r ^n l' c 7— iiG3iic ^vac I. All records pertaining to the provisions of this article shall be maintained in the Department of Development and shall be open for public inspection, 26 425 of 643 USE REGULATIONS M. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant. n. Review applications to determine whether proposed development will be reasonably safe from flooding. 3. Substantial Improvement and Substantial DamaEeDeterminations. For applications for building permits to improve buildings and structures, including alterations, movement. enlargement replacement. repair. change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and anv other improvement of or work on such buildings and structures, the Building Official shall: a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; b. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre- dmaeed condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage: and d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial d unage and that compliance with the flood resistant construction requirements of the FBC and this article is required. 4. Notice and Orders. The Building Official shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this m 5. Other Duties. The Building Official shall have other duties. including but not limited to: a. Establish procedures for administering and documenting determinations of substantial improvement and substantial damage: b. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management. State Floodplain Management Office. and submit copies of such notifications to the Federal Emergency Management Agency F( EMA): 27 426 of 643 USE REGULATIONS C. Require applicants who subm t hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base flood elevations. flood hazard area boundaries, or floodwav designations: such submissions shall be made within six (6) months of such data becorning available d. Review required design certifications and documentation of elevations specified by this ordinance and the FBC and this article to determine that such certifications and documentations are complete; e. Notify FEMA when the corporate boundaries of the City are modified; and L Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources Svstem established by the Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not available on such consh'uction: areas subject to this limitation are identified on the F1RM as "Coastal Barrier Resource Svstem Areas" and "Otherwise Protected Areas." R. Floodplain Management Records. Regardless of any limitation on the period required for retention of public records, the Building Official shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the FBC. including FIRM; Letters of change; records of issuance of permits and denial of permits; detenninations of whether proposed work constitutes substantial improvement or repair of substantial damage: required design certifications and documentation of elevations specified by the FBC and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances. including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the FBC. These records shall be available for public inspection at the Development Department. D. Applicability. 1. Scope. This article applies to all development of real property located within the City, including areas of special flood hazard. Development shall include but not be limited to the subdivision ofland: filling, grading, and other 28 427 of 643 USE REGULATIONS site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles: installation of swimming pools; and any other development. 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for the City of Boynton Beach dated March 31, 1982, and all subsequent amendments and revisions, and the accompanying FIRMS 120196 0001 -0005, dated September 30, 1982, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Development Department at the City. 3. Additional Data to Establish Flood Hazard Area.To establish flood hazard areas and base flood elevations pursuant to this article the Building Official may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: a. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to therequirements of this ordinance and. as applicable, the requirements of the FBC. b. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC) that removes the area from the special flood hazard area. This ...:..le ap t n .,Fear of spee:4 :.l -mom dP— H-4a0zrv.,t: {:0d b tk@ P e .l �cveFal zax P.�. o @m@n A ..e o 1 S ep t eni b ef Z/1 1197 H ad __ t1,... a .,,] ell yfefe ray' ixccnee E. Terms and Definitions. See Chapter 1, Article 11 for all applicable terms and definitions which pertain to the regulations and standards contained herein. 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 supersedes any ordinance in effect for management of developmentin flood hazard areas. However. it is not intended 29 428 of 643 USE REGULATIONS to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the FBC. In the event of a conflict between this ordinance and anv other ordinance. the more restrictive shall govern. This article shall not impair anv deed restriction, covenant or easement, but anv land that is subject to Such interests shall also be governed by this article. This i is nol in' end to .,, „1.., d rost is u�..,o., . , ho.o 4 . Rio . 1, el, th 3. interpretation. in the interpretation and application of this article all provisions shall be: Considered as minimum requirements; 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. The provisions of this article shall not he deemed to nullify any provisions of local, state, or federal law. 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 1V, Section 4. 1. Warning and Disclaimer. The degree of flood protection required b this article and the FBC, as amended by this community, is considered the minimum 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 ordinance does not imply that land outside of mapped special flood hazard areas. or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the FIS and shown on FIRM and the requirements of 44 CFR map be revised by the FEMA, requiring this community to revise these regulations to remain eligible for participation in the NF1P. No guaranty of vested use. existing use, or future use is implied or expressed by compliance with this ordinance. This article shall not create liabilitv on the put of the City or by any officer or emplovee thereof for any flood damage that results from reliance on this ordinance or anv administrative decision lawfullv made thereunder. The , .c f4 or, . i _e,...;, d by this aftiel i 30 429 of 643 USE REGULATIONS Section 2. City Approval Required. Any owner or owner's authorized agent who intends to undertake any development activity within the scope of this article, which is wholly within or partially within any flood hazard area shall first make application to the Building Official or designee and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. 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 1V, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. With respect to building and land development permits, the site plan or construction documents for anv development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: A. Development in Flood Hazard Areas. 1. Delineation of flood hazard areas, floodwav boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary forreview of the proposed development. 2. Where base flood elevations. or floodwav data are not included on the FIRM or in the F1S, they shall be established in accordance with Section 2.13 and Section 2.0 below. 3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the FIS, such elevations shall be established in accordance with Section 2.13 below. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures: in coastal high hazard areas, new buildings shall he located landward of the reach of mean high tide. 5. Location, extent. amount. and proposed final grades of any filling. grading, or excavation. 6. Where the placement of fill is proposed, the amount. type, and source of fill material: compaction specifications: a description of the intended purpose of the fill areas: and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 31 430 of 643 USE REGULATIONS 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is seaward of the coastal construction control line, if applicable. 8. Extent of anv proposed alteration of sand dunes or mangrove stands. provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed ali�rment of any proposed alteration of a watercourse. The Building Official is authorized to waive the submission of site plans. construction documents. and other data that are required by this article. but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. B. information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Building Official shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineeringgprackes. 2. Obtain, review, and provide to applicants base flood elevation and floodwav data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodwav data available from a federal or state agency or other source. 3. Where base flood elevation and floodwav data are not available from another source, where the available data are deemed by the Building Official to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (1) Require the applicant to include base flood elevation data prepaed in accordance with currently accepted engineering practices: or (2) Spccifv that the base flood elevation is two (2) feet above the h i ghest ad iacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfv the subm ttal requirements and pay the processing fees. 32 431 of 643 USE REGULATIONS C. Additional Analvses and Certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses sinned mid sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodwav, a floodwav encroachment analysis that demonstrates that the encroachment of the proposed development will not cause anv increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 2.C.5 below and shall submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the F1S or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood - curving capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood - carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 2.C.5 below. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 5. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodwav boundaries, or change boundaries of flood hazard areas shown on FiRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a fonnat required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Section 3. Minimum Finished Floor Elevation (Non-Flood Hazard Area).Thefinished floor elevation of all habitable space of 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 33 432 of 643 USE REGULATIONS roadway. The finished floor elevation of all habitable space of building additions and/or substmilial improvements not located in a flood zone shall be no lower than the existing finished floor elevation. Section 4. Minimum Requirements and Higher Regulatory Standards for Flood Hazard Areas. In all areas of special flood hazard the following provisions are required: A. General Standards. 1. Anchors. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. See Section 5.0 below for anchorhm standards for manufactured homes. 2. Materials, All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood darnage. 3. Design. a. All new construction or substantial improvements shall be consbructed by methods and practices that in niin ze flood damage. b. Electiical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall he 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 sanit ury sewage systems shall be designed to minimize or eliminate infiltration offlood waters into the systems and discharges from the systems into flood waters 4. On -Site Waste Disposal Svstems. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 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. 34 433 of 643 USE REGULATIONS B. Special Flood Hazard Areas (with Base Flood Elevation Data). ]nallueasaf special flood hazard area where the BFE data have been provided the following Provisions are req Liked: 1. General. New construction of any residential or non - residential structure located in all special flood hazard areas shall have the lowest floor. including basement, elevated to twelve (12) inches above the base flood elevation (BFE). However, anv proposed building addition and/or Substantial improvement to an existing structure shall onlv be required to have the lowest floor, including basement, elevated to the BFE in accordance with 44 CFR. Should solid foundation perimeter walls be used to elevate a residential structure. openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 4.B.2 below. Non - residential structures located in all A -zones maybe 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 1V. Section 2.B. 2. Elevated Buildings. New construction or substantial improvements of existing 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 li6ngspace and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. a. Designs for complving with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (1) 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; (2) The bottom of all openings shall be no higher than one (1) foot above grade; and (3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. b. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of 35 434 of 643 USE REGULATIONS maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairwav or elevator); and C. The interior portion of such enclosed area shall notbe partitioned or finished into separate rooms. d. Electrical, plumbing and other utility connections are prohibited below the base flood elevation: C. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: I. Prohibit encroachments including fill, new constriction, substantial improvements. and other development unless ceitification (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 4.C.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 homc) 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. D. Coastal Hieh Hazard Area (V Zones). Located within the areas of special flood hazard established herein are aeas designated as coastal high hazad 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 mach of the mean high tide and the Coastal Construction Control Line. 2. All buildings or stucanres shall be elevated so that the lowest supporting member (excluding pilings or colunms) is located no lower than the base flood elevation level. with all space below the lowest supporting member open so as not to impedc the flow of water. Open lattice work or decorative screening iTuiy be permitted for aesthetic purposes only and mustbe designed to wash awav 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 strictures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and 36 435 of 643 USE REGULATIONS 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 100 -year mean recurrence interval I one percent(l %) 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 4.D.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 shall review design plans for landscaping /aesthetic fill only after the applicanthas provided an analvsis 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 nothave a tendency for excessive natural compaction: and b. Volume and distribution offill will not cause wave deflection to adiacent properties: and C. Slope of fill will not cause wave run -up or ramping. 7. in coastal high hazard areas, alteration of sand dunes and mangrove stands shall be pernutted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 2.0 above demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with the revulations contained herein. 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 buildinm and are designed so as to breakawav, under abnormally high tides or wave action, without damage to the structural integrity of the buildinm 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 tine utilized. such enclosed space shall not be used for human habitation. 37 436 of 643 USE REGULATIONS 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 orirnprovement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening. as provided for in Section 4.D.8 and 9 above. E. Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood hazard established in Section l.F 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 service systems shall have the lowest floor, including basement, elevated to the depth number specified on the FIRM, in feet, above the highest adiacent 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. Nonresidential Structures. All new construction and substantial improvements of non - residential structures shall: a. Have the lowest floor, including basement and service systems. elevated to the depth number specified on the FIRM, in feet, above the highest adiacent 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 adiacent 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 anv space below that level has watertight walls substantially impermeable to the passage of water; structural components having the capability of resisting hydrostatic and lhydrodynamic loads and effects of buoyancy; and utilitv and sanitary facilities completely flood proofed. 38 437 of 643 USE REGULATIONS 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 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 occurfence 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.21 above. G. Seaward of the Coastal Construction Control Line. Tf extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area, buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the FBC. Minor stltctues and non - habitable maior structures as defined in Florida Statutes shall be designed and constructed to comply with the intent and applicable provisions of this article and ASCE 24. 39 438 of 643 h - NOR n....:a,. . :...,.,.,.. „u„1 r�,.., ,.a:..... Noy H1 ,.P .tr ...............:..1 6..7 t ,.« .th ,,,... ......:.1....t: ,.1 t.....t...„ any 7T , x,11..11 4,-P th,. 1....: fl....« :....1..,1:.... 1..,....,,,....t e s t +1,.,.,7...,...a'o1:.,1: @. ,.+'i. @:..,, d el th..t.,ll ai maybe . 1 1 . 11 i1 .,- the ...7 .,1.� � ..ha ...7 .. .. l. rnc�xc 4 ^ 1 • k 4 .....1 `- ••h .., 4.,,. -o a t ,ll. : i . . 4 ....1 .... «.1 ...:.1. h w-crlls e ... !... i f- xEiipciiiii -'�bl c � 1....7 ,..7 ,, , ...7., ,.i",. , fl.......... A .... s� �..,.4 .. ., 1 ..,.:,....,1 and is 2, Gj ap ter 40 439 of 643 USE REGULATIONS 41 440 of 643 USE REGULATIONS 42 441 of 643 USE REGULATIONS R ... �!@!1Sl1!!SJl�<f �)1G7RlRlE7 43 442 of 643 USE REGULATIONS .1- iicx "••,° the lewestf4 i h.,..o. @H t e . ed to th@ de pth Y.ho.. , iApa ., tho fl ; ., 1.... p 1ho ,el ,.l' ,.. h..�„,, �h.,ll be e .,t 1 .. (2) f , ., h.,. -e th„ hi n gr ade , aF a �� . �]� __ ' Str'o1'ans. l 13e" ; M'41 , P ..:,.t .t h. '.' @PFP ..,. h.,.,o 1....,1 ,l..t.. 4ppr� Section 5. Specific Requirements by Tvpe of improvement or Development. A. Utilities. 44 443 of 643 USE REGULATIONS 1. General. All proposed new development shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonablv safe from flooding; b. All public utilities and facilities such as sewer, gas. electric. communications, and water systems are located and constructed to minimize or eliminate flood damage: and C. Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary SeWaEe Facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems). and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment anddisposal systems in Chapter 64E -6, F.A.C. and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impainnent of the facilities and systems. 3. Water Suppiv Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.AC. and ASCE 24. Chapter7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on Placement of Fill. Subiect to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In addition to these requirements, if intended to support buildimgs and structures (Zone A only), fill shall comply with the requirements of the FBC. B. F-- Subdivision Standards. 1. General. The following provisions shall apply for all subdivision proposals: a. 4-. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 45 444 of 643 USE REGULATIONS C. 3 All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. d. 4- Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than 50 lots or is larger than five (5) acres. e. Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision Plats. Where anv portion of proposed subdivisions. including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: a. Delineation of flood hazard areas, floodwav boundaries and flood zones. and design flood elevations, as appropriate. shall be shown on preliminary plats and final plats; b. Where the subdivision has more than 50 lots oris larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with the requirements contained herein; and C. Compliancewith the site improvement and utiIitiesrequirements contained herein of this ordinance. C. Manufactured Homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -1, F.A.C. and the requirements of this article. if located seaward of the CCCL, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: a. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the FBC. Residential Section R322.2 and this article. b. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the FBC, Residential Section R322.3 and this article. 46 445 of 643 USE REGULATIONS 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to. use of over - the -top or Frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4. Elevation. Manufactured homes that are placed. replaced. or substantially improved shall comply with Section 5.C.5 and Section 5.C.6 below, as applicable. 5, General Elevation Requirement. Unless subieetto the requirements of Section 5.C.6 below, all manufactured homes that are placed, replaced, or substantially improved on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision: 3) in an expansion to an existing manufactured home park or subdivision: or 4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the franne is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R3223 (Zone V). 6. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions. Manufactured homes that are not subject to Section 5.C.5 of this article, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding_ has occuiTed, shall be elevated such that either the: a. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area_ in the FBC. Residential Section R322.2 (Zone A) or Section R3223 (Zone V); or b. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 7. Enclosures. Enclosed areas below elevated manufactured homes shall Comply with the requirements of the FBC, Residential Section R322 for such enclosed areas. as applicable to the flood hazard area. 8. Utility Equipment. Utilityemiipment that serves manufacturedhomes. including electric, heating. ventilation, plumbing. and air conditioning equipment and other service facilities, shall comply with the requirements of the FBC, Residential Section 8322, as applicable to the flood hazard area. D. Tanks. 47 446 of 643 USE REGULATIONS 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood. including the effects of buoyancy assuming the tank is empty. 2. Above - Ground Tanks, Not Elevated. Above - ground tank s that do not meet the elevation requirements of Section 5.D.3 below shall: a. Be permitted in flood hazard areas (Zone A) other than coastal high hazaud areas. provided the tanks Lire anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is emptv and the effects of flood -borne debris. b. Not be permitted in coastal high hazard areas (Zone V). 3. Above - Ground Tanks, Elevated. Above - ground tanks in flood hazard areas shall he attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank - supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and b. Anchored to prevent lateral movement resulting from hydrodynamic and hvdrostatic loads, including the effects of buoyancy. during conditions of the design flood. Section 6. Appeals. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals from the strict application of this article and of the flood resistant construction requirements of the FBC. excluding Section 3109 or latest supplement thereof. Section 7. 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 1, Section 7 of these Land Development Regulations. 48 447 of 643 USE REGULATIONS S:\Pl- nni� ,g\SFLS RED \ \VP \SPECPROBCODE REVIEW\CDRV 13 002 II\Us� Vla�ix Chi.,,,.0oc 49 448 of 643 9.B PUBLIC HEARING June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -014 - SECOND READING - PUBLIC HEARING - Approve The Boynton High School Commercial Center (LUAR 13 -002) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX)); and PROPOSED ORDINANCE NO 13 -015 - SECOND READING - PUBLIC HEARING - Approve The Boynton High School Commercial Center (LUAR 13 -002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU -1-1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City- initiated. EXPLANATION OF REQUEST: The subject property contains a two -story school building designed in a predominantly Mediterranean Revival style by William Manley King. It was built in 1927; in1986, the site was added to the Florida Master Site File, the State of Florida's official inventory of historical cultural resources. For about the last 15 years, the building has been mostly vacant. During this time, it was a subject of several unsuccessful attempts to identify funding sources to rehabilitate and reuse the structure. In 2012, the City Commission selected a proposal, now led by The Boynton Old School Partnership, for the renovation and adaptive reuse of the building, turning it into a mixed -use venue with retail, restaurants, event and exhibit space. Subsequently, in February 2013, the City Commission approved the historic designation application for 449 of 643 the site, which will help to fund the project by allowing the developer to apply for financial incentives available for historically designated sites. If the conditions specified in the Development Agreement between the City and The Boynton Old School Partnership regarding the project timeline are met, the City will proceed with the transfer of the property ownership to the developer. The subject land use amendment and rezoning requests have been submitted by the City to meet these conditions; concurrently, the developer has applied for the Major Site Plan Modification and also for a Certificate of Appropriateness, as required to process improvements to a historically designated site. The current land use and zoning of the property do not allow for any commercial activity as a principal use. The intended uses, with the exception of "performing arts ", would be allowed in the proposed MU -L1 zoning district. A code amendment to make theater a permitted use in the MU -L1 district is being processed concurrently with the subject request. Staff evaluated the request in accordance with the criteria specified in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. The proposal is consistent with the Comprehensive Plan objectives and the CRA's "Downtown Vision and Master Plan ", promoting historic preservation and the adaptive reuse of the old high school building. Moreover, the project is located within the Transit Oriented Development (TOD) area, and will therefore support TOD's targets of higher employment intensity in the immediate area of the proposed future commuter station. The Planning & Development reviewed the subject item on May 28 and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: It is difficult to project the annual property tax revenue. In 2012 the building, which will require extensive rehabilitation, was assessed at $373,674, and the land at $462,660. Note that the current boundaries of the high school parcel do not correspond to the boundaries of the property to be transferred; the total acreage of the latter is 1.939, more than double the present size of the old high school parcel. The qualifying exterior improvements, which have yet to be determined, will be tax exempt for up to 10 years. The annual fire assessment fee for the project will be approximately $7,500. The projected annual water, sewer and stormwater charges are estimated to be $5,700 ALTERNATIVES: None recommended. 450 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89 -38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY THE BOYNTON OLD SCHOOL PARTNERSHIP AND LOCATED AT 125 EAST OCEAN AVENUE; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL /INSTITUTIONAL (PPGI) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89 -38 and in accordance with the Local Government Comprehensive Planning Act, and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed, and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located at 125 East Ocean Avenue changing the land use designation from Public and Private 451 of 643 Governmental/Institutional (PPGI) to Mixed Use (MX): Lots 4,5, and 6, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, as recorded in Plat Book 1, Page 69, Public Records of Palm Beach County, Florida, LESS the right -of -way for Seacrest Boulevard as shown in Road Plat Book 5, Pages 179 -183, Public Records of Palm Beach County, Florida. Containing 1.939 acres or 84,445 square feet. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of 2013. 452 of 643 SECOND, FINAL READING and PASSAGE this day of 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Vice Mayor — Woodrow L. Hay Commissioner — David T. Merker Commissioner — Michael M. Fitzpatrick Commissioner — Joe Casello 453 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE CITY OF BOYNTON BEACH, AMENDING ORDINANCE 02 -013 TO REZONE A PARCEL OF LAND LOCATED AT 125 EAST OCEAN AVENUE, AS MORE FULLY DESCRIBED HEREIN, FROM PUBLIC USAGE (PU) TO MIXED USE LOW INTENSITY 1 (MU -L1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City: and WHEREAS, the City of Boynton Beach has filed a petition on behalf of the owner to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located at 125 East Ocean Avenue, as more fully described herein, is hereby rezoned from Public Usage (PI) to Mixed Use Low Intensity 1 (MLJ -L 1): Lots 4,5, and 6, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, as recorded in Plat Book 1, Page 69, Public Records of Palm Beach County, Florida, LESS the right -of -way for Seacrest Boulevard as 454 of 643 shown in Road Plat Book 5, Pages 179 -183, Public Records of Palm Beach County, Florida. Containing 1.939 acres or 84,445 square feet. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective inunediately upon passage. FIRST READING this day of 2013. 455 of 643 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 ATTEST: Commissioner — Joe Casello Janet M. Prainito, MMC City Clerk (Corporate Seal) 456 of 643 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13 -013 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: May 14, 2013 PROJECT: The Boynton Old School Commercial Center REQUEST: Approve the Boynton Old School Commercial Center (LUAR 13 -002) reclassifying subject property from Public and Private Governmental/ Institutional (PPGI) to Mixed Use (MX). REQUEST: Approve the Boynton Old School Commercial Center (LUAR 13 -002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU -L1) consisting of a site plan for the adaptive reuse of the Old Boynton High School building and related site improvements. PROJECT DESCRIPTION Property Owner: The Boynton Old School Partnership (contract purchaser) Applicant: City of Boynton Beach Location: 125 East Ocean Avenue (see Exhibit "A ") Existing Land Use /Zoning: Public and Private Governmental /Institutional (PPGI)/ Public Usage (PU) Proposed Land Use /Zoning: Mixed Use (MX) /Mixed Use Low Intensity 1 (MU -L1) Proposed Use: Mixed use of commercial, retail, exhibit and performing arts space Acreage: 1.939 acres Adjacent Uses: North: The right -of -way for NE 15t Avenue; farther north, the City Hall Complex, classified Public and Private Governmental /Institutional (PPGI) and zoned Public Usage (PU); 457 of 643 South: The Boynton Beach City Library and Civic Center, classified Public and Private Governmental /Institutional (PPGI) and zoned Recreation (REC); East: Schoolhouse Children's Museum and Learning Center, and Kids Kingdom park, classified Public and Private Governmental/ Institutional (PPGI) and zoned Public Usage (PU); West: Right -of -way for Seacrest Boulevard; and farther west First United Methodist Church, classified Low Density Residential (LDR) and High Density Residential (HDR) and zoned R -3 (Multi - Family Residential) and R -1A (Single - Family Residential). BACKGROUND The subject property contains a two -story school building built in 1927 during the Florida Boom Period (1919 — 1929). The school was designed in a predominantly Mediterranean Revival style by William Manley King, the architect of many Palm Beach County schools and other notable buildings, but also includes elements of Art Deco, which flourished in the early 1930s. In 1986, the site was added to the Florida Master Site File, the State of Florida's official inventory of historical cultural resources. For about the last 15 years, the building has been mostly vacant. During this time, it was a subject of several unsuccessful attempts to identify funding sources to rehabilitate and reuse the structure. A number of options, which included demolishing the building and redeveloping the parcel, had been considered. In 2012, the City Commission selected a proposal, now led by The Boynton Old School Partnerhip, for the renovation and adaptive reuse of the building, turning it into a mixed - use venue with retail, restaurants, event and exhibit space. Subsequently, in February 2013, the City Commission approved the historic designation application for the site, which will help to fund the project by allowing the developer to apply for financial incentives available for historically designated sites. If the conditions specified in the Development Agreement between the City and The Boynton Old School Partnership regarding the project timeline are met, the City will proceed with the transfer of the property ownership to the developer. The subject land use amendment and rezoning requests have been submitted by the City to meet these conditions; concurrently, the developer has applied for the Major Site Plan Modification and also for a Certificate of Appropriateness, as required to process improvements to a historically designated site. The current land use and zoning of the property do not allow for any commercial activity as a principal use. The intended uses, with the exception of "performing arts ", would be allowed in the proposed MU -L1 zoning district. A code amendment to make theater a permitted use in the MU -L1 district is being processed concurrently with the subject request. 458 of 643 REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The site is located on Ocean Avenue and is a key element in the city's downtown redevelopment efforts. Further underscoring the site's importance is its location within the Transit Core, the one - quarter mile radius around the proposed future station for the commuter service on the FEC tracks along North East 4th Avenue, between Boynton Beach Boulevard and Ocean Avenue. The City's land development regulations already contain several mixed -use zoning districts that will provide the base for establishing Transit Oriented Development (TOD) regulations, and such regulations are being phased in starting with the addition of minimum density and intensity standards consistent with the State's recommended framework for TOD. A mixed use land use and zoning designation was not initially envisioned for properties that are part of the City Hall campus. However, the proposed land use amendment and rezoning would allow for uses which can potentially generate a number of jobs, helping the City to reach the minimum target gross employment intensity of 45 jobs per acre within a ' / 2 mile radius of the proposed station as recommmended by the Florida TOD Guidebook (published by FDOT in December of 2012) for a community center -type TOD. The current employment intensity in this area is estimated to be only 16 jobs per acre. Moreover, the approval of the subject request would be the next step in the public - private partnership effort, and potentially the last chance to preserve a property with a significant role in the history of the Boynton Beach community by allowing a financially and economically feasible adaptive reuse of the building. Finally, the intended exhibit and performing arts uses would complement uses described for the Cultural Corridor on Ocean Avenue by the City of Boynton Beach Downtown Vision and Master Plan. b. Consistency Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. TOD District As noted in the previous section, the subject site is located within the Transit Core around the proposed future commuter station. The City is in the process of adopting TOD- regulations into the LDR's mixed -use urban districts' provisions and standards. The location standards for the subject area specify that the MU -L1 district shall apply to lands on Ocean Avenue between South East 4 Street and South East 15t Street. However, extending this district to the west to apply it to the old high school property is consistent with the need to generate jobs to support commuter ridership as well as with the City's intent to preserve the old high school building as a valuable historic resource. With respect to the Comprehensive Plan, staff is working with the Treasure Cost Regional Planning Council on drafting the TOD- related Comprehensive Plan text amendments and plans to present them to the Board and Commission within the next six months. 459 of 643 Historic Preservation. The request, if approved, would facilitate preservation of a significant downtown historic property. Historic preservation is embraced by the Comprehensive Plan through Objective 1.14 and its policies: Objective 1.14 The City shall continue to protect native habitat, and preserve wetlands, archaeological sites and historic resources. Historic preservation is also supported by the City's Land Development Regulations and redevelopment plans. In 2010, the LDRs were amended to include the Historic Preservation Ordinance, designed to promote protection, restoration and reuse of historic resources. Finally, the 2008 "Downtown Vision and Master Plan" of the Boynton Beach CRA, which consolidates earlier redevelopment plans for the area, recommends readaptation of the high school building to new uses to preserve the core structure. c. Land Use Pattern Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. Although there are no properties zoned MU -L1 in the vicinity of the subject property, two main factors support the request and offset the evidence of a "spot zoning," which is typically avoided according to sound zoning practice.The area surrounding the property has an eclectic land use and zoning pattern, including public usage, recreational, commercial and residential uses of varying type and density, and also, within 1,300 feet, properties zoned Central Business District and MU -H District of considerable potential intensity. Most importantly, the proposed future land use reclassification and rezoning would support restoration and reuse of a historic building, resulting in a desirable and sustainable outcome for the benefit of the community, and one supported by the Comprehensive Plan. d. Sustainability Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed amendment and rezoning meets all three criteria of sustainability. The adaptive reuse of this property for a mix of commercial, retail, exhibit and performing arts space would successfully complement existing civic and cultural uses and future uses along the envisioned Cultural Corridor on Ocean Avenue. The project, located within short distance of the proposed commuter station, would also maintain high connectivity to surrounding properites. e. Availability of Public Services / Infrastructure All requests for Future Land Use Map amendments shall be reviewed for long -term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning are compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer 460 of 643 The City's water, sewer and wastewater treatment capacity is available to serve the project. Traffic A traffic impact statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. No permits shall be issued for the project until the County determines the project complies with concurrency requirements. Solid waste On January, 2013, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2026. Drainage Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. All drainage plans shall satisfy all requirements of the city and local drainage permitting authorities. f. Compatibility The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and See responses to criteria "a" and "c." The proposed rezoning and the ensuing restoration of the property could have a positive effect on property values. (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to the criterion "a." The restoration of the old high school building and the uses that the proposed amendment and rezoning would allow could significantly contribute to the heightened pedestrian activity in the downtown area. g. Direct Economic Development Benefits. For rezoning /FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; The proposal would contribute to several target goals of the ED Program. It would: • Enhance destination tourism opportunities — by adding another point of interest to the City's downtown area; • Contribute to a better jobs /housing mix — by adding jobs to improve the TOD jobs /residential unit balance, currently below the desired target; and • Develop and promote a strong brand identity and image for Boynton Beach — by preserving and reusing a significant historic property; (2) Contribute to the enhancement and diversification of the City's tax base; 461 of 643 The proposal would enhance the City tax base, though it is difficult to project the annual tax revenue. In 2012, the property, which will require extensive rehabilitation, was assessed at $836,334. (Note that the current boundaries of the high school parcel do not correspond to the boundaries of the property to be transferred.) The qualifying exterior improvements will be tax exempt for up to 10 years. (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; Although the current market demand for uses proposed for the site is uncertain, it should increase as stalled development and redevelopment activities in the area restart, and especially after the commuter service is launched. The amendment and rezoning request does respond to the community needs, since it will allow for preservation of the important historic resource. (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; The project will generate a number of jobs, some of them temporary construction and trade jobs during the restoration and building process, and some by uses to be housed in the building. The majority of the jobs are likely to be at or below the county average hourly wage. (5) Represent innovative methods /technologies, especially those promoting sustainability; N/A (6) Be complementary to existing uses, thus fostering synergy effects; and See response to criterion "d. (7) Alleviate blight /economic obsolescence of the subject area. The proposed land use amendment and rezoning would facilitate the rehabilitation of the historic building, which, although currently in fair structural condition, has suffered deterioration requiring major repairs. h. Economic Development Impact Determination for Conventional Zoning Districts. N/A L Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning /FLUM amendment would reduce the amount of land available for commercial /industrial development. The proposed rezoning and FLUM amendment would remove the property from the public usage and make it available for commercial development. j. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N /A. The request is driven by the need to preserve and reuse the historic property 462 of 643 MAJOR SITE PLAN MODIFICATION The request for a Major Site Plan Modification is being processed concurrently with the subject request. The applicant is seeking approval to rehabilitate the 31,234 square foot building for use as a commercial center comprised of restaurant, retail, and meeting space. The proposed rehabilitation work includes repairs to the building, replacement and repair of missing architectural details, minor demolition, site work, and landscaping. The applicant also proposes to add two (2), two -story additions to the east and west elevations to provide additional floor space of 6,300 square feet. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and the CRA's "Downtown Vision and Master Plan ", promoting historic preservation and the adaptive reuse of the old high school building; and (2) supporting the TOD's targets of higher employment intensity in the immediate area of the proposed future commuter station. Therefore, staff recommends that the subject request be approved. S: \Planning \SHARED \WP \PROJECTS \Boynton Old School Commercial Center \LUAR 13- 002 \Staff Report Copy.doc 463 of 643 EXHIBIT "A" — SITE LOCATION MAP (LUAR 13 -002) BOYNTON OLD SCHOOL COMMERCIAL CENTER F _ F— R-1 A NE 3HU VE 1 �� �F— — 5 cn� t, sr,yt, >s �l R- 2 ;,y� o� R -2 z N �iit �U r i y' \yA \ \ \>> �y LL1[ry LLJ� �� crf� }i i1ff C - 2 t l \J,` 91i ;,{ {( +)I tc1, z 46it \ 7,ii1 z it = y, 'x�fy ,�'�� �ryll „ E BOY NTON BEA H BLVD I � sy f f ; t y l�� ssl i ss f ysl i f 1 f y f �}y �l sYA st 1 \,1 y '{s { r -5 Sf y �s7t Sy fs ' S �>t( 1s�5' }ysff lt 71 �Nl�l`f ���s t� Ir y sf iif�( Ls is 1 �y st 1 ' f +sh t 1`l��l s S i ss�(1)te C -2 r n � r i i�71 s y Sts3';Sjtt�st� t Ali 1 slisfs ss f t s t �if� t{ s r� s�� � ,, �1 t t,v 1 5 \1 slsS ��� 5 sq+SS 1 Sy 5 y} s s fs 1 y f� s t \y s77I( s { s7” "SS� �i4ar sil i� s z! t i z tv i s r� tl y i � z LL NE 1STAVE cr R -1 A sli its s h i t S t�os � S sst � � � M Sl ; r f ! }stv) t y {tln S f j r W s y�E W OCEAN AVE E OCEAN AVE fx m 'ttrx.. U) U) R -2 T- cn R�3 U Q W SE 1STAVE �'tf, fPU;tt R -1A1 m u) 7537.5 0 75 150 225 300 Feet 464 of 643 9.0 PUBLIC HEARING June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve Major Site Plan Modification for building renovations, site improvements and construction of two (2), two -story, 3,150 square foot additions to an existing 31,234 square foot building for a total of 37,534 square feet, on a 1.95 - acre parcel proposed to be rezoned MU -L1 (Mixed Use -Low 1). Applicant: Juan Contin, Boynton Old School Partnership LLC. EXPLANATION OF REQUEST: The subject application for Major Site Plan Modification has been filed in connection with a Purchase and Sale Agreement and Development Agreement between the City and Boynton Old School Partnership, LLC. The subject application proposes a major site plan modification for the alteration and rehabilitation of an existing historic building on 1.95 acres located at the northeast corner of East Ocean Avenue and North Seacrest Boulevard. Lots 4, 5, and 6 are proposed to be rezoned to Mixed Use —Low 1 (MU -L1) which allows for the development of a mixed use facility. The proposed rehabilitation work includes repairs to the building, replacement of missing architectural details, landscaping, site work and the construction of two (2), two -story, additions on the east and west elevations. Upon completion, the proposed uses will include indoor and outdoor event space, retail space, and restaurants. As presented, a no -build easement is requested on the west side of the adjoining Schoolhouse Children's Museum property to accommodate the building addition proposed by the applicant. The Planning and Development Board reviewed this request at their May 28, 2013 meeting and recommends its approval to the City Commission. 465 of 643 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Upon completion, the proposal will anchor the west end of East Ocean Avenue and will contribute to the regeneration of the downtown area. FISCAL IMPACT: It is difficult to project the annual property tax revenue. In 2012 the building, which will require extensive rehabilitation, was assessed at $373,674, and the land at $462,660. Note that the current boundaries of the high school parcel do not correspond to the boundaries of the property to be transferred; the total acreage of the latter is 1.95, more than double the present size of the old high school parcel. The qualifying exterior improvements, which have yet to be determined, are projected to be tax exempt for up to 10 years. The annual fire assessment fee for the project will be approximately $7,500. The projected annual water, sewer and stormwater charges are estimated to be $5,700. ALTERNATIVES: Approve the request, approve the request with conditions or deny the request. 466 of 643 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13 -011 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Warren Adams Historic Preservation Planner DATE: May 16, 2013 PROJECT: Boynton Old School Commercial Center / MSPM 13 -001 REQUEST: Approve Major Site Plan Modification for building renovations, site improvements and construction of two (2) 3,150 square foot additions to an existing 31,234 square foot building for a total of 37,534 square feet, on a 1.95 acre parcel proposed to be rezoned MU -L1 (Mixed Use Low 1). Applicant: Juan Contin, Boynton Old School Partnership LLC. PROJECT DESCRIPTION Property Owner: Boynton Old School Partnership LLC, Contract Purchaser Applicant: Juan Contin, Boynton Old School Partnership LLC Agent: Same Location: 125 East Ocean Avenue (see Exhibit "A" — Site Location Map) Existing Land Use /Zoning: Public & Private Governmental /Institutional (PPGI) / Public Use (PU) Proposed Land Use /Zoning: Mixed Use (MX) / Mixed Use Low 1 (MU -1-1) Proposed Use: Commercial center (restaurant, retail, meeting space) Acreage: 1.95 acres (85,056 square feet) Adjacent Uses: North: Right -of -way for NE 15t Avenue; still farther north is City Hall, zoned PU (Public Usage); 467 of 643 South: Right -of -way for Ocean Avenue; still farther south is the City Library, zoned PU (Public Usage); East: The Children's Schoolhouse Museum, zoned PU (Public Usage); and West: Right -of -way for Seacrest Boulevard; still farther west is First United Methodist Church, zoned R -3 (Multi - Family Residential) and R -1A (Single - Family Residential). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04 -007. RACKGROUND Site Features: Located within the Community Redevelopment Agency (CRA) area, the subject property is 1.95 acres with 286 feet of frontage on East Ocean Avenue, 229 feet on North Seacrest Boulevard, and 290 feet on Northeast 1 st Avenue. The subject site contains the Boynton High School, a two -story structure of approximately 31,234 square feet built in 1927. Designed by William Manly King in the Mediterranean Revival style, the building was the city's first high school. The last high school graduation occurred in 1949 after which the school was used as an elementary school which closed in 1990. In 1993 the City of Boynton Beach acquired the building from the Palm Beach County School Board. In 2007, ownership was transferred to the Boynton Beach Community Redevelopment Agency and in 2009 ownership was transferred back to the City. The building has been vacant for a number of years and several studies have been undertaken to examine its potential for re -use. In 2012, two development proposals were submitted to the City and the current proposal was selected to move forward. The school, which retains many of its original exterior and interior features, was added to the Florida Trust Eleven Most Endangered List in 2010 and to the Boynton Beach Register of Historic Places in February, 2013. Proposal: Mr. Contin, architect and principal of Boynton Old School Partnership LLC, has submitted the subject application for Major Site Plan Modification in connection with a Purchase and Sale Agreement and Development Agreement between the City and Boynton Old School Partnership, LLC. The subject application proposes the alteration and rehabilitation of the historic building on 1.95 acres Dated at the northeast corner of East Ocean Avenue and North Seacrest Boulevard. Lots 4, 5, and 6 are proposed to be rezoned to Mixed Use —Low 1 (MU -L1) in conjunction 468 of 643 with this request, which would allow for the development of a mixed use facility. The proposed use would be a commercial center comprised of indoor and outdoor event space, retail space, and restaurants. The rehabilitation work includes repairs to the building, replacement of missing architectural details, minor demolition, site work, and landscaping. The applicant also proposes to add two (2), two- story, additions to the east and west elevations to provide additional floor space of 6,300 square feet. The floor plan, as shown on Sheet A -01, illustrates the proposed layout (see Exhibit "B "). The proposed rehabilitation was approved with conditions by the Historic Resources Preservation Board at its meeting of April 8, 2013. ANALYSIS Concurrency: Traffic: A traffic impact statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division approved the traffic analysis on May 2, 2013 and has determined that the proposed project meets the Traffic Performance Standards of Palm Beach County. The County determined the project would generate a total of 1,136 new trips per day. No building permits are to be issued by the City after the build -out date of end of year 2017 (see Exhibit "C" — Conditions of Approval). School: School concurrency is not required for this type of project Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The existing water and sewer connections currently serving the existing building would be used by the new building additions. The existing water services are located to the north and the south of the building. Police /Fire: Staff has reviewed the site plan and all comments have been addressed. Staff expects to provide an adequate level of service for this project with current or expected infrastructure and /or staffing levels. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" — Conditions of Approval). 469 of 643 Access: The site has two parking lots, one to the north of the existing building and one to the west. The parking lots are not connected. The north parking lot has two driveway openings on Northeast Vt Avenue. The west parking lot has a driveway opening for ingress on East Ocean Avenue and an opening for egress on North Seacrest Boulevard. No major changes are proposed to the driveways; however staff recommends that the developer angle the egress driveway to Seacrest Boulevard to prevent inbound turns (see Exhibit "C" — Conditions of Approval). Additionally, staff looked at the potential of connecting the two (2) parking lots; however, concerns over safe turning movements and the loss of valuable parking spaces outweighed the advantages of connecting the two. Safe public access to the site is critical and therefore, staff is recommending at the time of construction permitting, the developer's engineer of record provide a detailed design analysis of traffic access to the public rights -of -way based upon the developer's traffic engineer's allocation of generated traffic to the access driveways. All access driveways, and any required off site improvements, shall be designed in conformance with standards promulgated by the relevant permitting agency, either the City of Boynton Beach or Palm Beach County (see Exhibit "C" — Conditions of Approval). Parking: According to Part III (LDR), Chapter 4, Article V, Section 4. "Exceptions to Providing Required Off - Street Parking ", A. "Adaptive Re- Use ", existing structures located on parcels that front on Ocean Avenue between the FEC RR and Seacrest Boulevard do not require additional off - street parking when a structure is enlarged by up to 100% of gross floor area; the capacity of the structure is increased by adding dwelling units, floor area or seats; or the use of the structure is changed. Therefore, no additional parking is required for this project. However, the applicant has provided a parking calculation based upon the different uses within the building based on the following ratios: One (1) parking space per 100 square feet for restaurant space, one (1) parking space per 200 square feet for retail space, one (1) parking space per 800 square feet for storage space, and one (1) parking space per 100 square feet for meeting space. Based on these figures, the project would require 212 off - street parking spaces, and the proposed plan would provide 68 spaces. It is anticipated that further parking during peak periods of operation will be available in the City Hall parking lot and the proposed new parking lot at the northeast corner of Northeast V Avenue and Northeast V Street. Note, the number of on -site parking spaces will be reduced by 31 spaces whenever the green market is in operation on the parking lot to the west of the building, which again would occur during off -peak demand for parking at City Hall. 470 of 643 The request includes minor changes to the parking lots, including the creation of handicap spaces, brick paver walkways, landscape islands and perimeter landscape buffers. The 90- degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length and include continuous curbing. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and permanent markings would be provided, in order to clearly delineate areas on site and direction of circulation. Landscaping: The site plan tabular data indicates that 30,291 square feet or 35.61% of the subject property would be pervious, consisting of landscaped and open space areas. The proposed planting scheme will consist mostly of native species, with the applicant's desire to portray an old Florida landscape theme. The landscaped areas will contain a variety of trees and shrubs, including Royal palm, Cabbage palm, and Gumbo Limbo trees. With respect to the western portion of the property, the site currently contains five (5) Florida Mahogany trees, two (2) Sapodilla trees, two (2) Cabbage palms, three (3) Foxtail palms, and one (1) Kapok tree. Of these trees, three (3) of the Florida Mahogany trees adjacent to North Seacrest Boulevard, the two (2) Sapodilla trees, one (1) Foxtail palm, and the Kapok tree would remain in their current locations. Two (2) Cabbage palms will be relocated to the northeast corner of North Seacrest Boulevard and Northeast Vt Avenue, and two (2) of the Foxtail palms will be removed. As a condition of approval, two (2) of the existing Florida Mahogany trees will need to be relocated on site or mitigated to make way for the proposed new footpath running east/west on the south side of the north parking lot. The irrigation plan has not yet been submitted; however, there is a note on the Planting Specifications drawing stating it will follow the Florida Friendly - Waterwise principles. Site and Building: According to the survey, the lowest ground elevation is 16.67 feet. The existing building has a finished floor elevation of 18.90 feet. The Site Plan drawing indicates the first floor elevation of the additions will be 18.90 feet. The project is designed as an irregularly shaped, two (2)- story structure. In the proposed Mixed Use Low 1 (MU -1-1) zoning district, the required building setbacks for this project are as follows: Front — zero (0) feet; Side — zero (0) feet; and Rear — zero (0) feet. However, as indicated in Note 11 of "Building and Site Regulation Table" for Mixed Use Districts (Table 3 -21) in Chapter 3, Article III, Section 5 of the Land Development Regulations, "Listed eligible historic structures are not required to meet these standards ". 471 of 643 The front setback (abutting Ocean Avenue) for the new additions is proposed to be approximately 17 feet. In the Mixed Use Low 1 (MU -L1) zoning district, a build -to line has been established for new construction, which is designed to place buildings at the front property line with a zero (0) foot setback, however allowing for a setback of up to 15 feet when optimizing landscaping or the width of the sidewalk. The Historic Preservation Ordinance was adopted with the understanding that there would be instances when relief from certain zoning regulations would be necessary to allow improvements and additions to historic structures. Chapter 4, Article IX, Section 6. H. 4 of the Land Development Regulations, entitled "Waiver of Technical Requirements ", is designed to provide relief to certain regulations in association with the approval of a Certificate of Appropriateness (COA). The relief may be granted by staff, except in instances when the COA requires Historic Resources Preservation Board (HRPB) review, in which case the Board shall be vested with the power to grant such relief. Staff recommendation to the Board, as part of the action on the COA, was that relief be granted to the build -to line, as the greater setback of the glass box structures (approximately 17 feet), furthers the goals and objectives of the Standards and Guidelines adopted by the City, to minimize the impact of building additions and make such additions subordinate to the historic structure. The closer the building additions are to the street, the less of a subordinate role they become on this historic property. As such staff believed relief from the build -to line was warranted. The HRPB approved Staff's recommendation at the meeting on April 8, 2013. The 2010 Florida Building Code (FBC) relative to exterior wall openings, exterior wall construction, and required fire separation between structures, requires a two (2) hour firewall be provided between structures that are separated by a distance of twenty (20) feet or less. Although no structure currently exists to the east of the subject on the adjoining Schoolhouse Children's Museum site, it is possible one could be built in the future. As a condition of approval, staff notes that the applicant will have to comply with this requirement of the 2010 FBC or obtain a fully executed and recorded "No Build Easement" adjacent to the proposed eastern addition (see Exhibit "C" — Conditions of Approval). An earlier version of the site plan indicated the location of three (3) proposed bicycle racks, three (3) proposed trash receptacles, and three (3) proposed benches. Two of each would be located to the front of the building adjacent to east Ocean Avenue. The third bicycle rack and trash receptacle would be located at the northeast corner of the structure and the third bench would be located to the west of the structure. However, the most recently submitted site plan does not show these items. As a condition of approval, the proposed bicycle racks, trash receptacles, and benches will need to 472 of 643 be shown on the plans in their previously proposed locations (see Exhibit "C" — Conditions of Approval). The survey shows the location of one (1) catch basin located on North Seacrest Boulevard. The Conceptual Civil Design drawing shows five (5) proposed inlets and one (1) proposed control structure would be added to the existing parking lots from which all stormwater would drain into the catch basin. The Conceptual Civil Design drawing shows the location of one (1) proposed 1,500 gallon grease trap located at the southwest corner of the building. Building Height: The maximum allowable building height in the MU -L1 is 45 feet. The elevation drawing indicates that the highest point of the existing barrel roof over the gymnasium is 46 feet 6 inches in height. However, sloped roof height is measured at the midpoint, and for this arched roof the midpoint would be below the 45 foot maximum allowed. The height of the proposed additions is not shown on the elevations; however, from the information available, it appears they will be less than 28 feet 6 inches in height and in compliance with the maximum height requirements. Building Design: The exterior walls of the additions would be constructed of low "E" structural glass with a light gray tint. The Historic Resources Preservation Board (HRPB) has requested a sample of the glass to determine if the light gray tint is appropriate for the historic structure. Each addition would also contain a roof -level deck. The Historic Resources Preservation Board raised questions as to how the additions will be kept cool and shaded from the sun, and how any building services will be screened from view. The applicant stated a thermal air break between the sheets of glass will help to keep the building cool and conserve energy. No details have been provided regarding any proposed methods of shading the additions from the sun. The applicant has stated that, if shading is required, it would be the responsibility of the tenants to apply for and install these items at a later date, after approval of a revised Certificate of Appropriateness (COA) by the Historic Resources Preservation Board. The applicant has submitted details of the proposed A/C system which utilizes small "2 inch mini ducting" that keeps the air moving consistently. The ducting is seamless and flexible, and its narrow diameter allows it to be placed in small spaces. The HRPB has requested the applicant submit drawings showing the proposed A/C system as part of the conditions of approval of the COA. The majority of the existing rear (north) fagade will be replaced with a glazed curtain wall measuring approximately 30 feet by 30 feet. The curtain wall will be constructed of impact glass panels made from clear, low "E" glass. A canopy will be installed above the entrance doors. 473 of 643 All of the existing windows will be replaced with aluminum frame impact windows containing low "E" clear glass. The lighting configuration of the new windows will match that of the original wood frame windows. The existing front doors will be replaced with aluminum frame impact resistant doors with low "E" clear glass. No details have been submitted of proposed changes to the other existing doors. Site Lighting: The project proposes thirty six (36) freestanding outdoor lighting structures, which will be fifteen (15) feet in height, and match the existing lamps on Ocean Avenue. All light fixtures would be located in or around the building and the off - street parking area and none would spill light onto adjacent properties or abutting rights -of -way. All foot - candle levels would comply with the minimum and maximum thresholds as regulated in Part III (LDR), Chapter 4, Article VII. Site Signage: No details of proposed site signage have been submitted. It is anticipated that tenants will submit details of proposed signage when they occupy the building. Public Art: Because the applicant indicates the proposed improvements would be valued at more than $250,000, the project is subject to the Art in Public Places requirements (Ordinance 05 -060). The applicant indicates that the proposed art amenity is undecided at this point in time and that the requirements have been discussed with the Public Arts Administrator and the details of the art component will be addressed prior to permitting. The drawings indicate three art pads will be provided by the applicant, two on East Ocean Avenue and one at the southeast corner of North Seacrest Boulevard and Northeast 15t Avenue. The Site Plan indicates the existing art pad located to the southwest of the building will be removed. The Public Arts Administrator has provided a condition of approval amending the proposed placement of the art pads (see Exhibit "C" — Conditions of Approval). RECOMMENDATION Staff has reviewed this request for Major Site Plan Modification and recommends approval of the plans presented, subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\ Planning \SHARED \WP \PROJECTS \Boynton Old School Commercial Center \Staff Report.doc 474 of 643 EXHIBIT "A" — SITE LOCATION MAP (MSPM 13 -001) BOYNTON OLD SCHOOL COMMERCIAL CENTER F _ F— R-1 A NE 3HU VE 1 �� �F— — 5 cn� t, sr,yt, >s �l R- 2 ;,y��,��f;,���,y�[,tty� o� R -2 z N �iit �U r i y' \yA \ \ \>> �y LL1[ry L1J� �� crf� }i i1ff C - 2 t l \J,` 91i ;,{ {( +)I tc1, z 46it \ 7,ii1 z it = y, 'x�fy ,�'�� �ryll „ E BOY NTON BEA H BLVD I � sy f f ; t y l�� ssl i t s '”' ss f ysl i f 1 f y f �}y �l sYA st 1 \,1 y '{s { r -5 Sf y �s7t Sy fs ' S �>t( 1s�5' }ysff lt 71 �Nl�l`f ���s t� Ir y sf iif�( Ls is �y st 1 ' f +sh t 1`l��l s S i ss�(1)te C �4 U)i n X71 y Sts3';Sjtt�st� t Ali Z slisfs ss f t s t if� t{ s r s�� �,, �1 t t,v 1 5 \1 slsS ��� 5 sq+lf S Sy 5 y} s s fs 1 y f� s t \y s77I( s { s7" "SS� �i4ar sil i� s z! t i z tv i s r� tl y i � z LL NE 1STAVE cr R -1 A sli its s h i t S t�os � S sst � � � M Sl ; r f ! }stv) t y {tln S f j r W s y�E W OCEAN AVE E OCEAN AVE fx m 'ttrx.. U) U) R -2 T- cn R�3 U Q W SE 1STAVE m u) �'tf, fPU;tt �� fff R -1A1 8040 0 80 160 240 320 Feet 475 of 643 . Sig �4 ij2 a ep a Ca 2P W` s 476 of 643 Z EXHIBIT 'B" z `� i R � . Sig �4 ij2 a ep a Ca 2P W` s 476 of 643 Z 477 of 643 478 of 643 I� EXHIBIT "B" - I rt y % I� 479 of 643 L 479 of 643 m 0 . >C >>> 480 of 643 � rq 481 of 643 EXHIBIT "B" Ftli I 9 Ed rn n z 0 0 x M 482 of 643 % ay l , �1 L " r z F w l N W s 1 m i E 1h p y 5 lb 4 ��$ � �$ � 1 CONTIN ARC ,7.7w AND DESIGN (� " BOYNTON BEACH HISTORIC HIGH SCHOOL g °'.`. BOYNTON BEACH, FLORIDA P - - _,- CONCEPTUAL - CIVL DESIGN pEy pp s� � �«- . -- - --- 483 of 643 EXHIBIT "C" Conditions of Approval Project Name: Boynton Old School Commercial Center File number: MSPM 13 -001 Reference: 3 rd review plans identified as a Maior Site Plan Modification with an 30, 2013 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Proposed sidewalk on Ocean Avenue shall include curb and X gutter to match existing. Also verify that adequate drainage is being provided. 2. The Ocean Avenue driveway shall be narrowed to minimize X the potential for improper movements by vehicles. 3. Access and utility easement for existing path and lighting X along the east side of the building shall fully include all areas. 4. Place a note on Sheet SP -01 that the Developer shall salvage X all paver bricks and stones not restored to their original place or reused on site, and deliver them to the City. 5. On Sheet SP -01 (Colored Sheet), please revise drawing title X name to LA -01, show the proposed and existing utilities lines, and note that canopy trees are not allowed within any utilities easement, only palm trees. 6. Please provide easements for proposed /existing art pads. X Easement shall be of sufficient size to provide access from ROW and allow for the installation of art. 7. Please angle egress access to Seacrest Boulevard to X prevent inbound turns. 8. Add a note to the plans that existing infrastructure, fiber X optics, existing power source for the electrical service to the Children's museum, and /or existing electrical lines will require access easements meeting the City's requirements or shall be relocated at Developer's expense. 9. Extend water main to make connection of missing segment X along Ocean Avenue in front of the site. 10. Safe public access to the site is critical. Therefore, at the X time of construction permitting, the developer's engineer of record shall provide a detailed design analysis of traffic access to the public rights -of -way based upon the developer's traffic engineer's allocation of generated traffic to the access driveways. All access driveways, and any required off site improvements, shall be designed in conformance with standards promulgated by the relevant permitting agency, 484 of 643 DEPARTMENTS INCLUDE REJECT either the City of Boynton Beach or Palm Beach County. 11. The only area on the site allowed to utilize Floritam (sod) X would be the active / passive area immediately west of the building. All other areas shown on the drawings not designed as plaza space shall be planted with approved ground cover materials. 12. The landscape sheet shade tree planting detail should include X a line indicating where the diameter and height of all trees will be measured at time of planting and inspection. The landscape sheet shrub and groundcover planting detail should include a line indicating where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. All shrubs and groundcover plants should have a height ands read dimension. 13. The area under the large Kapok tree needs to be clear to the X drip edge, with no improvements, to ensure no adverse impact to the roots or health of the tree. 14. Place a note on the Landscape Plan indicating that existing X irrigation around the Children's Schoolhouse Museum has zones which are on the east side of this Old High school property and would need to be separated out at the developer's expense. 15. Eliminate hedge landscaping on the eastern side so as to not X separate the Children's Schoolhouse Museum so much from the Old high school so that the areas flow /interact between the two sites. Use of meandering planting beds of a wide variety of plants would add more interest. 16. On Sheet LA -3 - change Island ficus (ficus microcarpa) to X native Indian Hawthorne Rha hiole is indica . 17. Hedge lines are to have more variety either by curving and or X morespecies of plant material for added interest. FIRE Comments: 18. All items resolved. POLICE Comments: 19. All items resolved. BUILDING DIVISION Comments: 20. The developer shall comply with 2010 FBC for exterior wall X 485 of 643 DEPARTMENTS INCLUDE REJECT openings, exterior wall construction, and required fire separation distance between structures or obtain a fully executed and recorded "No Build Easement" adjacent to the proposed eastern building addition prior to the issuance of any permits. 21. The property line shall be clearly identified on the survey X sheets numbered L- 1846 -A, L- 1846 -B, and also on Sheet SP- 01. 22. The proposed no -build easement is not clearly identified on X site plan SP -01. Clearly identify the location of the no -build easement and show all the associated dimensions of all sections of the easement and the distance from adjacent property lines. 23. This building is considered a mixed occupancy per Chapter X 508 of the 2010 Florida Building Code. Indicate all occupancies on Sheet SP -01. Indicate the different classes of assembly (A -1, A -2, A -3, etc.) that are applicable to this design per Chapter 3 of the 2010 Florida Building Code. 24. Please amend the note on the plans indicating that the light X poles shown on Sheet E -02 shall be designed to comply with 2010 FBC for 150 mph wind load, not 140 mph. PARKS AND RECREATION Comments: 25. None. PLANNING AND ZONING Comments: 26. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04 -007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. Please provide same to the P &Z Department. 27. For projects with a valuation of $250,000 or more, the X applicant is responsible for compliance with Ordinance 05- 060, the "Art in Public Places" program, and should indicate the proposed location and the type of the art work proposed on the site plan. Additionally, per discussion at the DART meeting, please relocate the art pad currently sited in NW corner of parking lot to the landscape area near parking spaces #12 & #13, relocate the art pad depicted near the parking lot entrance on Ocean Avenue another 15 feet east of where shown, and lastly, retain the art pad depicted on the plans immediately south of the easternmost building addition, as shown. The siting of the art pads are volunteer contributions by the developer to the Boynton Old School 486 of 643 DEPARTMENTS INCLUDE REJECT Center project that will offer inclusion to the yearly Avenue of the Arts program but are not to be considered as meeting the requirements of the Public Art Ordinance. 28. At time of permit application, correct the existing and X proposed Future Land Use (FLU) map designations and zoning on the Site Data Table. 29. The Site Data Table lists the total building area as 37,534 X square feet. The total floor area calculated when adding the figures provided in the floor plans totals 28,654 square feet. Please provide the calculation used for the floor area as shown in the Site Data Table and ensure the floor areas on all plans are consistent. 30. The proposed construction of the sidewalk running east/west X on the south side of the north parking lot is depicted to be placed where two (2) trees are noted to remain in place. Please remove the trees and mitigate them on site. 31. Please reduce the length of the landscape buffer strips along X Ocean Avenue to provide a less obstructed pedestrian flow onto the site. 32. Please indicate the provision of a widened paver sidewalk X (eight (8) feet in width and drawn to scale) on Ocean Avenue, along the length of the site, in conformance with the vision for the redevelopment of Ocean Avenue. 33. The landscape code requires screening of the parking lot X along Seacrest Boulevard in the north parking area. Please revise the landscape plans accordingly. 34. The previous plan submittal (2 Review Plans date - stamped X April 16, 2013) indicated the location of three bicycle racks, three trash receptacles, and three benches, in compliance with code requirements; however, the most recently submitted plans (3 Review Plans date - stamped April 30, 2013) do not show these items. At time of permit submittal, revise the drawings to depict the proposed bicycle racks, trash receptacles, and benches in their previously proposed locations. 35. The steps depicted leading into the first floor restaurants from X the plaza area should be elongated to extend immediately adjacent to the ramp leading into the main structure and made more prominent with larger landings and outdoor seating added in a terraced effect, with foundation plantings around the base and planters on the top level. 36. Please understand that changes to the drawings resulting X from conditions of approval may require applicant submittal of a new Certificate of Appropriateness and subsequent approval by the Historic Resources Preservation Board prior to issuance of any permits. 487 of 643 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: 37. All items resolved. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Boynton Old School Commercial Center\ MSPM 13- 001 \COA.doc 488 of 643 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bovnton Old School Commercial Center (MSPM 13 -001) APPLICANT'S AGENT: Juan Contin, The Bovnton Old School Partnership AGENT'S ADDRESS: 826 S. Federal Highwav, Lake Worth, FL 33460 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Time 18, 2013 TYPE OF APPROVAL SOUGHT: Major Site Plan Modification for building renovations, site improvements and construction of two (2) 3,150 square foot additions to an existing 31234 square foot building for a total of 37,534 square feet, on a 1.95 acre parcel proposed to be rezoned MU -L I (Mixed Use Low 1). LOCATION OF PROPERTY: 125 East Ocean Avenue DRAWING(S): SEE EXIMIT `B" ATTACHED HERETO. THIS MATTER came on to be heard before the Citv Commission of the Citv of Bovnton Beach, Florida on the date of hearing stated above. The Citv Commission having considered the relief sought by the applicant and heard testimony the applicant members of city staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included ". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other 489 of 643 DATED: City Clerk S Plamung.SHARED NVT PROJECTS.Bmnton Old School Conuuercial Center .N ISPM 13- 001'.DO.doc 490 of 643 12. A NEW BUSINESS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consider renaming Ocean Avenue Park - per request of Commissioner Casello EXPLANATION OF REQUEST: Commissioner Casello requested this item be placed on the agenda for further discussion. Dr. Ginger Pedersen will make a brief presentation to the Commission. Attached you will find several documents relating to this topic. They are saved in one .pdf file. You'll find: 1) Agenda Item and minutes excerpt from 12/18/12 Commission meeting where Veteran's Park was renamed to Ocean Avenue Park; 2) Agenda Item and minutes excerpt from 2/21/12 when the Commission considered renaming Veteran's Park to Dewey Park but the motion failed 2/2; 3) Minutes from the Recreation and Parks Advisory Board meeting 1/30/12 where the Board discussed renaming Veteran's Park. Also attached is a copy of the City's Ordinance which outlines the procedure for naming and /or renaming City facilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? TBD FISCAL IMPACT: Cost of new sign; change CRA/City marketing materials ALTERNATIVES: Do not consider renaming request. 491 of 643 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM d fi i! COMMISSION MEETING DATE: i NATURE OF AGENDA ITEM ❑ OPENINGS ❑ I PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTSIPRESENTATIONS ❑ UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discuss request for renaming Veterans Pall( on Ocean Avenue. EXPLANATION OF REQUEST: The Interim City Manager received a request for consideration of renaming Veterans Park, located on 100 NE 4 th Street, to Ocean Avenue Park. Ordinance 06 -078 provides a policy for a systematic and consistent approach for the official naming of streets, parks and buildings, etc. The policy is to name facilities through an adopted process utilizing established criteria emphasizing "community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community." The request for naming of a facility shall be initiated by the City Manager or a City Commissioner. Then City staff reviews the request to see if it meets stated criteria as outlined in Ordinance 06 -078. Staff reviewed this request and finds it to be consistent with the criteria and recommends the Commission rename Veteran's Park on Ocean Avenue to "Ocean Avenue Park" for the reasons stated in the letter of request. If the Commission rejects re- naming the park to Ocean Avenue Park then next step requires the City Commission to appoint an advisory committee to review the proposed request and forward their recommendation to the Commission for a final decision. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Should a decision be made to change the park name, then the cost associated will be approximately $600 to change the existing signage. 492 of 643 ALTERNATIVES: Do not accept the recommendation to rename the park. 493 of 643 710 N Feftral Highway "ton ftach, FL 3-M35 BOYNTO RA ft. 561-737-3256 Faxi 361-737-3258 kMB&C www.boy ntanbeachtra.wm August, 8, 2012 Ms. Lori LaVerriere Interim City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Lori, I would like to request that the park located at 100 NE Street be named Ocean Avenue Park. Thank you. Vivian Brooks Executive Director 494 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 Building Board of Adjustments & Appeals 3 regulars and 1 alternate Cemetery Board: 1 regular and 1 alternate Code Compliance: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Board: 2 regulars and 2 alternates Library Board: 1 regular and 1 alternate Planning & Development Board: 2 regulars and 2 alternates Recreation & Parks Board: 2 alternates Senior Advisory Board 3 regulars and 1 alternate Veterans Commission: 2 alternates Mayor Hay noted there were two alternate positions available on the Building Board of Adjustment and Appeals. Mayor Hay noted the openings assigned to the vacant Commission seats would not be addressed at this time. The Commission respects the request of the applicants to be either a regular or an alternate. Commissioner Holzman suggested, based on previous comments made regarding the lack of volunteerism, it may be in the best interest of the community to waiver from the policy to make sure the advisory boards are full. Mayor Hay indicated any change would have to be brought back to the Commission for discussion first. Vice Mayor McCray recalled the last time he had appointed David Katz for a board it was noted there was an outstanding fine. After the investigation was completed it was determined there was no merit in what had been said and done. Motion Vice Mayor McCray appointed David Katz to serve on the Planning and Development Board. Mayor Hay passed the gavel and seconded the motion Vote The motion passed 2 -1 (Commissioner Holzman dissenting)_ There was agreement there could be no other appointments. B Discuss request for renaming Veterans Park on Ocean Avenue. Ms. LaVerriere reported there was a request from Vivian Brooks, the CRA Director, for the Commission to rename Veterans Park. There is the Bicentennial Veterans Memorial Park located on Federal Highway that creates some confusion for veterans. The Commission could appoint a committee to select a name. The committee could be made up of current members of advisory boards which has been done in the past. 495 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 Another alternative would be for the Commission to make the decision to change the name to Ocean Avenue Park without further input. Mayor Hay liked the Ocean Avenue Park name because it is a goal to develop the area Commissioner Holzman recalled there were groups who had volunteered to sponsor the name changing of any park. The amount of $600 is a small amount for organizations to become involved with the City and foster a sense of ownership. He preferred to offer the idea to the community and organizations or corporations to sponsor the name change of the Park and change the name. Commissioner Holzman did not feel the $600 should be spent out of City funds. Vice Mayor McCray agreed with Mayor Hay He was concerned if the opportunity was given to individuals, groups or organizations to name parks, the name selected may not be appropriate. Motion Vice Mayor McCray moved to name the park Ocean Avenue Park. Mayor Hay passed the gavel and seconded the motion Vote The motion passed 2 -1 (Commissioner Holzman dissenting). Mayor Hay remarked he had a list of seven names from District 1 and nine names from District 4. Mayor Hay wanted the interested parties to stand and be recognized as their names were called out. Commissioner Holzman suggested the applicants come to the podium and state why they should be appointed. Mayor Hay disagreed. Commissioner Holzman contended it was a very important decision and the public should be allowed to meet the individuals. Vice Mayor McCray interjected the decision had to be made by the Commission and not the public at this time. He agreed with the process outlined by Mayor Hay. Consensus Mayor Hay declared there was consensus based on Vice Mayor McCray's remarks. The following names were called: Robert Klinger — not present Carol Brenner Jack McVey — not present Jerry Taylor Michael Bessell — not present 496 of 643 4r CITY OF BOYNTON BEACH AGENDA DATE: COMMISSION MEETING NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS/PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS Z CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS I ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the recommendation to rename Veterans Park on Ocean Avenue to Dewey Park EXPLANATION OF REQUEST: At the November 15, 2011 meeting, the Commission requested that staff get feedback from the Recreation & Parks and Veterans Advisory Boards and CRA staff regarding the renaming of Veterans Park. All were originally in favor of renaming it to Ocean Avenue Park. Subsequently, Recreation & Parks Director Wally Majors received a recommendation from Ginger Pedersen, a resident of Boynton Beach and member of the Historical Society, to rename the park in honor of two former residents of Boynton Beach who were significantly involved in the founding of our City, Fred S. and Byrd Spilman Dewey. The recommendation and related documentation was shared with the two Advisory Boards. Each of the Boards was in favor of renaming the park in honor of the Deweys. Please note that the documentation being provided includes the recommendation letter from Ms. Pederson that makes reference to various exhibits. Exhibits A, B and C could not be duplicated in a legible format, but are available for review if needed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Cost of signage approximately $600 - $700. ALTERNATIVES: Not to accept recommendation from CRA and Advisory Boards. 497 of 643 Ginger L. Pederson '1817 Manor Forest hnn, HaVrituii Beach, FL HUGH pederson.glNgmal.com Exhibit D- Miami Metropolis Article on Deweys Starting the Library -June 10, 1910 Mr. aud 31ft. F�D&;Aak 97 left an the evening train we""- 498 of 643 Ginger L. Pederson 70 Manor Forest Lane, Boynton Reach, FL 3343E pederson.glL@gmaii.com S Exhibit E — Fred S. Dewey appointed as County Commissioner,1889 499 of 643 la ............ "I",", ........... �' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499 of 643 la 499 of 643 Ginger L. Pedersen 7817 Mannr Farast Lane. Buynt®n Beach, FL 33438 pedersan.gfCdgrnail.com Exhibit F F.S. Dewey employed as land agent for the Florida East Coast Railway Company ° ,& a t ";M fool tw ea*�: s .:. =x %mot 1, SIM are 4'ucJit a c ekialbd t ter C? aOgrsa s,;:r!M&. 500 of 643 W. 6 ux l u! E v €. uX,un Y :i 1 wt^a L gym: R %� 91 KOFPI� MiAW 500 of 643 Finger L. Pedu-sen 7817 Manor Forest Lorin, Dayntan Bench, FL 33430 pdarsen.g1l4nnalcom Wally Majors, Director Recreation and Parks Administration City Hall, 100 E. Boynton Beach Blvd. :a Boynton Beach, FL 33435 December 6, 2011 & Dear Mr. Majors This letter is in regard to the renaming of the city park on Ocean Avenue currently known as Veterans Park. There are two former citizens of Boynton who were directly responsible for the city's founding who have been largely forgotten overtime. Fred S. Dewey and his wife Byrd Spillman Dewey bought the 40 acres that constitutes the town's original plat on January 29, 1892 (Exhibit A), two years before Major Nathan S. Boynton had ever visited the area. On September 29, 1898 the Deweys filed the Town of Boynton plat with Dade County (Exhibit B)(Palm Beach County was not formed until 1909). The Deweys also platted Dewey's Subdivision (Exhibit Q, which were five-acre farming tracts along the Florida East Coast Canal (today's Intracoastal Waterway) from north of the townsite to where the condominiums are today south of Ocean Avenue. County land transaction registry books for the Boynton area are filled with the names "Birdie S. Dewey" and "Fred S. Dewey." Byrd Spillman Dewey started the first library for the Town of Boynton by donating her large collection of books of standard literature in 1910 (Exhibit D). The books were kept at the post office. Fred, a veteran of the Civil War and cousin to Admiral George Dewey, supreme commander of the Navy, served as one of the first county commissioners (Exhibit E), and worked as an agent for the Florida East Coast Railway Land Company (Exhibit F), whose sales bought new citizens to the fledging town. Byrd Spillman Dewey, grand-niece of President Zachary Taylor was an accomplished author and published the best-selling 1899 book Bruno, which chronicled their early years pioneering in Florida. Additionally, the Deweys donated many lots in the town to sell to help pay for road improvements and Fred appeared before the county school board and argued that Boynton needed its own school. The city has a unique opportunity to finally honor it's founding citizens with the renaming of Veterans Park on Ocean Avenue and recognize the Dewey's substantial and lasting contributions to the town. Ever humble, they did not name the town after themselves, but after the Dewey's dear friend, Major Boynton. I suggest the City of Boynton Beach give the Dewey Family recognition and remembrance by renaming the park in their honor. Respectfully, Q -Z;LZ 1,e t rip �ed e J rs e n 501 of 643 Meeting Minutes Regular City Commission Boynton B FL February 21, 2012 The appointment would have to be made at the next meeting. Mayor Hay inquired what options were available if an appointment could not be made. Attorney Cherof encouraged the members of the Commission to do their best to fulfill their responsibilities. After Mayor Hay announced the meeting would move to the next item, Vice Mayor Orlove wanted to call for a nomination from the floor. Commissioner Holzman brought a point of order that the item had been closed by the Mayor and the meeting should move forward and follow the letter of the law. Mayor Hay agreed the submission of names had been closed for this meeting; however, any interested party could submit their name for consideration at the next meeting. Vice Mayor Orlove inquired if anyone on the Commission wanted to change their votes before moving forward and there was no response. Vice Mayor Orlove noted there were no pulled consent agenda items and the meeting should move forward. Commissioner Ross had not realized that pulled consent agenda items had been requested. Mayor Hay did permit pulling items although he had called for any changes, corrections of deletions. Commissioner Ross wanted to pull Items 6.13 and 6.1-1, 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the minutes from the City Commission regular meeting held on February 7, 2012 B. Approve the recommendation to rename Veterans Park on Ocean Avenue to Dewey Park. Commissioner Ross recalled there had been discussion to rename the park to Ocean Avenue Park until a letter had been received from Dr, Ginger Pederson giving recognition to the Dewey family. The recommendation then became to name the park Dewey Park. Commissioner Ross requested the Commission consider other names to coincide with the branding promise and a new identity being developed. A more progressive name would be more appropriate for the area and the future, rather than dwelling on the past. 502 of 643 Meeting Minutes Regular City Commission Boynton Beach, FL February 21, 2012 Mayor Hay had no opposition to the name Dewey Park. Commissioner Holzman inquired if there were any Dewey family members in the City currently. Wally Majors, Recreation and Parks Director, did not believe any of the family lived in Boynton. Commissioner Holzman agreed with Commissioner Ross's perspective and suggested the matter be returned to the advisory board with the direction to submit a name that reflects the future of the City rather than the past. The recommendation seemed to be the result of a single letter. Mr. Majors agreed the one letter was the catalyst of the recommendation and the author of the letter appeared before the board and gave a compelling presentation. Commissioner Holzman reiterated his agreement with Commissioner Ross that an art and cultural feature, similar to the branding for the future, would be a better choice. Commissioner Ross suggested sending the issue back to the renaming committee for re- consideration along with the discussion of the Commission on the issue. Vice Mayor Orlove disagreed and remarked credit to the founding families was important. He did not favor returning the naming to the committee. Ms. LaVerriere reviewed the procedure that was utilized for the naming of parks within the City based on an ordinance. Ultimately the final approval is with the Commission. The committee makes a recommendation. Commissioner Ross reiterated the recommended name was not in the best interest of the City at this time It should be given more consideration. Motion Vice Mayor Orlove moved to approve the Item. Mayor Hay passed the gavel and seconded the motion. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). C. PROPOSED RESOLUTION NO. R12 -017 - Approve an easement granted by the City of Boynton Beach to the School Board of Palm Beach County that will allow for use of a certain City alley for construction of landscaped open space for Galaxy Elementary School. D. PROPOSED RESOLUTION NO. R12 -018 - Approve an amendment to the Interlocal Agreement with the School Board of Palm Beach County regarding Galaxy Elementary School that provides for cost sharing of a reclaimed water line that will service both Galaxy Elementary School and a relocated City park. E. Accept the written report to the Commission for purchases over $10,000 for the month of January 2012. F. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the four (4) month period ended January 31, 2012 503 of 643 MINUTES OF THE RECREATION AND PARKS BOARD HELD ON MONDAY, JANUARY 30, 2012 AT 6:30 P.M. IN THE COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA PRESENT Elizabeth Pierce -Roe, Chair Wally Majors, Recreation & Parks Director Charles Kanter Robert Lapin Catherine Scantlan ABSENT John McVey, Vice Chair Janette Sloan CALL TO ORDER Chair Pierce -Roe called the meeting to order at 6:37 p.m. II. ATTENDANCE Chair Pierce -Roe called the roll. A quorum was present. III. APPROVAL OF MINUTES Motion Mr. Lapin moved to approve the minutes as presented. Mr. Kanter seconded the motion which passed unanimously. IV. UNFINISHED BUSINESS A Veterans Park (Ocean Avenue) — Additional Recommendation Mr. Majors advised that in November, support was given to endorse the recommendation to rename Veterans Park, Ocean Avenue Park. Since that time, a recommendation was received to rename the Park to Dewey Park in honor of one of the families that helped establish Boynton Beach. The Veterans Advisory Committee took this under consideration and supported the recommendation. The City Commission had asked for this Board's feedback. The options would be to consider renaming the park to Dewey Park and move it forward to the City Commission or maintain the recommendation to keep it Ocean Avenue Park. 504 of 643 Meeting Minutes Recreation and Parks Board Boynton Beach, FL January 30, 2012 Ginger Pederson, 7817 Manor Forest Lane, summarized why she was recommending the Park be named Dewey Park after the Dewey family. She advised that 120 years ago, the Deweys bought the 40 acres that made up the downtown area and the 80 acres of which would become the Intercoastal Waterway. Lots were sold for farming and for people to build homes. With her research, she determined the Dewey family was here before Major Boynton. Major Boynton owned the property along the ocean. The Boynton Hotel gave the name to the area and to the City. Mrs. Dewey was listed as the first lady gardener of Boynton in 1898. They had intended to stay and retire here until Mr. Dewey's health took a very serious turn for the worse. He spent the last nine years of his life in military hospitals in Tennessee, Virginia and California. She continued explaining the history she researched and she felt it would be a nice way to honor and preserve the history of Boynton Beach. She was not able to locate any pictures, only a description of it being a two -story home. Mrs. Dewey started the Library when they left in 1910 and donated her extensive library collection, which was kept in the post office, Boynton's first Library. Mr. Kanter inquired whether any provisions were made to make a plaque with some synopsis of the history. Ms. Pederson advised there was thought about applying to the Florida Marker Series, for a marker similar to the Schoolhouse. There could also be a descriptive kiosk with some of the major details. Ms. Pederson advised she planned on contacting the Boynton Beach Historical Society for assistance with these activities. Mr. Lapin suggested since Major Boynton and the Dewey family both had a great presence here, possibly combine the names and call it Major Boynton and Dewey Family Park. Mr. Majors advised the problem would be the need to go through the approval process again, with the Veterans Advisory Committee and the City Commission. Ms. Pederson continued to explain how this historical search came about and provided more history on the two families. There was discussion and suggestions that the name change and historical connection could provide another revenue source for the City and something that the branding could be built on. Motion Mr Kanter moved to accept the recommendation of the renaming of the Park to Dewey Park and bringing it to the City Commission. The motion was seconded by Ms. Scantlan and unanimously passed. NEW BUSINESS A. Pence Park Basketball Court Hours 505 of 643 I 31 4 s� G 7 P 1 I9 ll 12 i 13 14 15 17 1.4 19 20 21 22 23 24 25 20 27 28 29 ORDINANCE NO. 0& 078 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A POLICY FOR NAMING CITY FACILITIES; PROVIDING FOR THE APPOINTMENT OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO THE CITY COMMISSION ON THE NAMING OF CITY FACILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is advantageous to have a uniform procedure for naming City facilities; and WHEREAS, the City Commission finds that it would be beneficial to have committee designated to evaluate suggestions and proposals for naming of City facilities. NOW, TFIEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TFIE CITY OF BOYNTON BEACH, FLORIDA: Section t. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and arc hereby made a specific part of this Ordinance upon adoption herco f. Section 2. The following policy is established fox naming City parks, recreation facilities, streets, and facilities, buildings and rooms in buildings: Ra mose. The purpose of this policy is to establish a systematic and consistent approach for the official naming of streets, parks and recreational areas and other public facilities, buildings and rooms in buildings. Obi ect v is; Ensure thal streets parks, recreational areas and facilities. buildings and rooms in buildings are easily identified and located. ' >;1CA \Ordinanc¢slnaming pcblie facili�ies- revised(KR).doc 506 of 643 I 2 3 4 5 6 a 9 10 ll 12 13 14 Ensure that given names to streets, parks, recreational areas, facilities, buildings and rooms in buildings are consistent with the values and character of the area or neighborhood served, • Encourage public participation in the naming, renaming and dedication of streets, parks, recreation areas, facilities, buildings and rooms in buildings. • Encourages the dedication of lands, facilities, or donations by individuals and/or groups. • Encourages long term monetary sponsorship, D efinition: Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other facilities, or parts thereof, Weir operate for the benefit o£the public and includes all property under the City's ownership, administration or control including buildings, structures, open spaces, public parks, natural areas, wetlands, environmental habitat and land, or pans thereof. Crl•tcria_ The policy of the City is to name Facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community. The following criteria shall be used in determining the appropriateness of the naming designation: 1. Geographic location (neighborhood, significant areas, etc.) 2. Natural features 3.A person or plaoe of historical or cultural significance. 4. A person, group, or feature particularly identified with the land or facility 5. Commitment for monetary sponsorship The process to name Facilities commences with a recommendation of the City Manager, Mayor or a City Commissioner that a City Facility be named or renamed. Conditions of property donation as agreed upon by the donor and the City shall be honored regarding the naming of the Facilities subject to these adopted policies. Names that are similar to existing Facilities in the City should not be considered in order to minimize confusion, The City reserves the right to change the name to maintain consistency with these policies. Procedure: 15 16 17 r& 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 S:ICAIOrdinanccsL aming public facilities— iscd(KB).doc 507 of 643 k 2 a c 6 7 s 9 to I! lz 13 la 15 16 17 18 1. Naming or Renaming of Facilities a. A request for naming of a facility shall be initiated by a request by the City Manager to the City Commission or by request of any member of the City Commission through the City Manager. b. City staff as designated by the City Manager will review the proposul for adherence to the stated criteria and authentication of statements relative to contributions in the cast of an individual before forwarding to an advisory committee of five (5) person appointed by the City Commission. e. The advisory committee review the proposed naming or renaming and will offer the opportunity for public input on the proposed naming. d. The advisory committee shall forward their recommendation to City Commission for final decision. 2. Renaming of Parks, Recreation Areas, Facilities, Buildings and Rooms in Buildings Renaming of facilities carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values Each suggestion or request for renaming must meet the criteria in this policy, but meeting all criteria does not ensure renaming. Section 3. Each and every other provision of the Cudc of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4, All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Sectinn 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder Qf this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. 5 eciion7. This Ordinance shall become effective immediately. I IM tH 22 23 24 25 26 27 28 29 3o 31 1 FIRST RRADINO this _ day of _ , 2006. SACAIOrdinanccs \--g public r.6fl1ico-r A- d(KB).doc 508 of 643 1 2 3 4 G 8 4 ]D 11 12 17 14 Is 16 17 18 19 z0 21 22 23 24 as 26 SECOND, FINAL READING AND PASSAGE this J'? day of 2006. ATTEST: r (Co ,L S;�C?A\Ordinamemaming public faciliUm-- ised(KB ),doc 509 of 643 CITY OF BOYNTON BEACH, FLORIDA 12. B NEW BUSINESS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discuss the potential of conducting City Commission Workshops - per the request of Commissioner Merker EXPLANATION OF REQUEST: Commissioner Merker requested this item be placed on the agenda for discussion. During the City Commission's Strategic Planning meetings we discussed the types of Workshop settings that Commissioner's may hold. The attached document outlines three types of workshop formats. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Do not discuss. 510 of 643 Work Session — Typology Provide direction and guidance on major issues before staff analysis and report preparation TOPICS: 1. Define the Probl HER= 3. Establish Parameters and Guidelines 4. Focus on Possible Outcomes M 50111M ymmarmem. 2*10 ON I wl WORK SESSION WORK SESSION TYPE 11 1 TYPE III UTAFT REPORTS BRIEFING nd Refine proposed reports and Brief Mayor a City recommendations prior to 1 Commission on major issues, upcoming opportunities and operational matters • io-PICS1. 1. Present Bg&Xound ORREME3 =- 3. Explore City's Role or Need for Action Copyright 0 2013: Lyle Sumok Associates, Inc. 511 of 643 Project 130506 52 13. A LEGAL June 18, 2013 fi. CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -016 - SECOND READING - PUBLIC HEARING - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. EXPLANATION OF REQUEST: Capital facilities charges are imposed on property owners when the property receives water and /or sewage service from systems owned or controlled by the city, or has a change in services. The amendment simplifies the process for calculating capital facilities charges. The amendment reflects charges based on number of bedrooms for residential and meter size or meter equivalent (ME) for commercial or non - residential. The changes to the Ordinance are intended to be revenue neutral. The baseline sets a two bedroom single family home as 1 ME or a 3 / " — 5/8" size meter, the most common sized meter. In order to maintain a fee structure for residential, the City will continue to maintain an EDU or equivalent dwelling unit. This is different than a ME; however, the standard is 1 ME =1.4 EDU. The proposed changes will partially fulfill two (2) objectives outlined in the Economic Development Initiatives & Implementation Plan adopted by the City Commission on October 18 2011. Objective #16 - Adopt operational goals /objectives to guide all in furthering the economic initiatives. 512 of 643 Objective #17 - Review processes for improvements • By changing the non - residential capital facilities charge calculation process from a use based calculation to a meter size calculation it will streamline the process, eliminate the need for engineered flow calculations, use interpretations, and additional record keeping by the Development Department's Building Division. • Additionally, the change will speed up the calculation process by providing for a simpler more accurate calculation and be more intuitive and user - friendly for developers, property owners, and design professionals when planning to make building and site improvements. • Finally and simply it will provide a way to correctly assess the cost of capital facilities charges to the project developer and help future tenants avoid realizing unexpected costs of capital facilities charges which are not normally anticipated or planned for by tenants. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Amendment to the Ordinance will eliminate the need to perform calculations based on a Palm Beach County Health Department table and staff interpretation of types of commercial establishments that are not listed on the table. The Departments affected will have a more clear and understandable guideline to follow for the calculation of capital facilities charges. FISCAL IMPACT: The Ordinance is revenue neutral; there is no change in revenue. ALTERNATIVES: The first alternative is to not change the Ordinance and continue with the current system of calculating capital facilities charges. Another alternative is strictly by meter size. Staff comment noted that if this is done, on the residential side, single family homes larger than two bedrooms will leave potential revenue on the table. 513 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, "WATER, SEWERS AND CITY UTILITIES ", AMENDING SECTION 26 -34, "CAPITAL FACILITIES CHARGES AND CONNECTION CHARGES ", TO SIMPLIFY THE PROCESS FOR CALCULATING CAPITAL FACILITIES CHARGES; DELETING SECTION 26.35 "ADDITIONAL CHARGE" IN IT'S ENTIRETY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Capital facilities charges are imposed on property owners when the property receives water and/or sewage service from systems owned or controlled by the cite, or has a change in service, and WHEREAS, the amendment simplifies the process for calculating capital facilities charges and reflects charges based on number of bedrooms for residential and meter size or meter equivalent (NM) for commercial or non - residential; and WHEREAS, 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 Section 26.34 Capital Facilities Charges and Connection Charges and to delete Section 26.35, Additional Charges, in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, entitled "Water, Sewers and City Utilities", Article II, Section 26 -34, is hereby amended as follows: 514 of 643 Sec. 26 -34 Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and /or sewage service from systems owned or controlled by the cite, the owner of such property shall pay unto the city a water and /or sewage capital facilities charge as follows: (1) IT'ater: (a) Residential Rproperly located within the mmnicipal hmzts of Boynton Beach. One thousand one hundred twenty -two dollars ($1,122.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction haying the same water usage as a one bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule HttH te fkei -H set forth below in subparagraph (3) (b) l'onresidential propery, located within the municipal Izmzts of Boynton Beach. One thousand fine hundred seventy dollars and eightv cents ($1,570.80) per three - quarter inch by fine- eighths inch (3/4" x 5/8 ") meter equivalent (NM). The table below indicates for various meter sizes the numbers of 3 /4 " x 5/8" MEs and the charges. Meter Size ; /4" x 5/8" ME Water Capital Facilities Charge /4" x 5/8" LO $1,570.80 F' 2.5 $3,927.00 1 -1/2" 5.0 $7,854.00 2" 8.0 $12,566+40 3" 17.5 $27,489.00 4" 31.5 $49,480.20 6" 65.0 $102,102.00 8" 140.0 $219,912.00 10" 210.0 $329.868.00 4 to Residential Rproperty located beyond the municipal hmzts of Boynton Beach but within the utility service area. One thousand four hundred three dollars ($1,403.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction haying the same water usage as a one - bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to C)RI+f1a ce, set forth below in subparagraph (3) l'onresidential property located beyond the municipal hmzts of Boynton Beach but within the rrtdztt, service area. One thousand nine hundred sixth -two dollars and fiftv cents ($1,962.50) per three- quarter inch by fine- eighths 515 of 643 inch (3/4" x 5 /8 ") meter eouiyalent (MM). The table below indicates for various meter sizes the numbers of 3 /4 " x 5/8" MMs and the charges. Meter Size ; / 4" x 5/8" ME Water Capital Facilities Charge /4" x 5/8" 1.0 $1,952.50 F 2.5 $4,906.25 1 -1/2" 5.0 $9,812.50 2" 8.0 $15,700.00 3" 17.5 $34,343.75 4" 31.5 $61,818.75 6" 65.0 $127,562.50 8" 140.0 $274,750.00 10" 210.0 $412,125.00 (2) Sewage: (a) Reszderrhal Rproperly located within the illunicipal hmzts of Boynton Beach. Six hundred sixty -fine dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one - bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attar h°a to Pi - ain—Hne° _4wnhew 80 10 [Aftiele 11 of this chaptef] and _ set forth below in subparagraph (31 (b) l'onreszdentzal property, located within the municipal hmzts of Boynton Beach. Nine hundred thirty -one dollars ($931.00) per three - quarter inch by five- eighths inch (3/4" x 5/8 ") meter equivalent (MM). The table below indicates for various meter sizes the numbers of 3 /4 " x 5/8" Ws and the charges. Meter Size ; / 4" x 5/8" ME SeN er Capital Facilities Charge /4" x 5/8" 1.0 $931.00 F 2.5 $2,327.50 1 -1 /2" 5.0 $4,655.00 2" 8.0 $7,448.00 3" 17.5 $16,292.50 4" 31.5 $29,326.50 6" 65.0 $60,515.00 8" 140.0 $130,340.00 10" 210.0 $195,510.00 516 of 643 4 (c) Reszderrhal Rproperty located beyond the imInicipal hmzts of the City of Boynton Beach but within the utility service area. Eight hundred thirty -one dollars ($831.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one - bedroom single- familv home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule A by :R^de ^ ^'4 II-_- 'set forth below in subparagraph (3) (d) l'onreszdentzal property located beyond the municipal hmzts o 'Boynton Beach but within the irtilia service area. One thousand one hundred sixty- tliree dollars and seventv-five cents ($1,163.70 per three- quarter inch by five- eighths inch (3/4" x 5/8 ") meter equivalent (ME). The table below indicates for the various meter sizes the numbers of 3 /4 " x 5/8" MEs and the charges. Meter Size ; /4" x 5/8" ME SeN er Capital Facilities Charge /4" x 5/8" 1.0 $1,163.75 F 2.5 $2,909.38 1 -1/2" 5.0 $5,818.75 2" 8.0 $9,310.00 3" 17.5 $20,365.63 4" 31.5 $36,658.13 6" 65.0 $75,643.75 8" 140.0 $162,925.00 10" 210.0 $244,387.50 Said capital facilities charge is designed to coyer the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which Nvill be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid POFMit issued Oil the ONN PFOP@Ft� and shall be Computed based upoll the, I in P upoll that in full prior to the execution of the Health Department applications or approval of the plans by the Utilities Department or issuance of the first permit of the project on the owner's or development property or installation of the first water meter on the owner's property, whichever is achieved first, and shall be computed based upon the rate in effect upon that date A capital facilities chan _,_ ds ------ ing as long o tit festaHfaf Et paftia!!� of eemplet@!� Nvithin fequifed paf4iing spaces, easements, fife lanes, access aisles, of Feguld ion 517 of 643 If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: A. * B. C. Developer(s) Capital Facility Charge Credit as a Percent of costs Oversized Line Constructed as Required by the Master Plan Minimum Sized Lines Required to Serve Participating Developer(s) (Col. A x Col. B Costs) 44.444% 20 16 74.359 20 12 28.571 16 14 52.381 16 12 71.429 16 10 37.500 12 10 65.517 12 8 84.127 12 6 *From "equation of pipe chart attached as Exhibit A" to Ordinance Number 80 -10, which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line 518 of 643 construction agreement for connecting to a system that has been previously oversized, Neill be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following: (a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing. (b) An adjustment that represents the interest (assumed to be 9 %) that the citv would have earned if the related capital facility charge credits Nvere not given to the developer or developers who funded the oversizing. (c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures; the amount to be fifteen percent (15 %). (d) Equivalent dwelling unit capital facilities charge then in effect for Neater and sewer services in accord Nvith this chapter as amended. Note: Example- Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly agree Nvith the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers Nvill pay the entire cost of the installation of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share of the four thousand (4,000) units. Developers tying -in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above. # Bedrooms (Multiplier) Water Sewer Water Sewer 1 Bedroom Unit 0.8 897.6 $532.00 $1,122.00 $665.00 2 Bedroom Unit 1.2 $1,346.40 $798.00 $1,683.00 $997.50 3 Bedroom Unit 1.6 $1,795.20 $1,064.00 $2,244.00 $1.330.00 For single family dwellings with greater than 5 bedrooms, an additional 0.2 equivalent dwelling units shall be added to the Multiplier for each additional bedroom beyond 5 and the capital facilities charges shall be computed employing said multiplier. Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. 519 of 643 (3) The following tables shall be used to determine the number of equivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms: Duplexes are classified Linder apartments and multiplied by the number of bedrooms. Example: if 3 bedrooms per apartment, multij& the cost of 3 bedroom apartment x 2. Mobile homes and trailers are classified as having 1 equivalent dwelling unit (ner City Ordinance 80 -10) and are charged the same as a 1- bedroom unit. (I3) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital improvement fund to be known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, extension, renewal and replacement of water and sewage systems of the cite, as appropriated from time to time by the , Hut it Commission. If funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund. (C) WATER CONNECTION CHARGE. When property receives water service from the city facilities, the owner of such property shall pay unto the cite a water connection charge, based upon the size of the service line and meters, for the cost of making the tap into the city system, installation of the service lateral and meters, together with the cost of the meters themselves. Said water connection charge shall be provided by the city commission, as same shall from time to time be amended. Type of Dwelling Conversion Factor No. of Equivalent Residential Units (ERU's) Annual Reservation Fee Residential: Single - family, per meter 1.0 $ 138.60 Apartment, per meter: 5/8" x 3/4" 1.0 138.60 F 2.9 401+94 2" 9.8 1,358.28 Nonresidential, per meter: 5/8" x 3/4" 1.4 194.04 F, 5.7 790.02 1'h" 8.7 1,205.82 2" 15.2 2,106.72 520 of 643 3" 37.4 5,183.64 4" 59.5 8,246.70 6" 232.1 32,169.06 (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the cite install the service lateral and make the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the cite performing such services. (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of Neater and/or sewage treatment capacity shall pay the city a reservation fee for said capacity. The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved. In cases where the required information is not available in sufficient detail to apple the above, a projected flow or demand for the project, certified by a professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty - six (386) gallons per day of flow or demand. The reservation fee shall be due and payable at any of the following instances, whichever occurs first: (1) At time of concurrencv review and certification; or (2) Upon request for NNritten confirmation of capacity reservation; or (3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and /or sewer main extensions: or (4) Upon issuance of a development order by the city: or (5) Upon renewal of an existing development order by the city. Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction occurs. The property owner, may, at his discretion, pre -pay all required capital facilities charges in lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without need for annual renewal. Section 3. That Chapter 26, entitled "Water, Sewers and City Utilities", Article II, Section 26 -35, is hereby deleted in its entirety: 521 of 643 Section 4. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective inunediately upon its passage and adoption. 522 of 643 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) 523 of 643 Bovnton Beach, FL Code of Ordinances Sec. 26 -34. Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and /or sewage service from systems owned or controlled by the cite, the owner of such property shall pay unto the city a water and /or sewage capital facilities charge as follows: (1) IT'ater: (c) Reszdetrtzal Rpropert)� located wzthztr the mzltlicipal limits ofBoytrtotr Beach. One thousand one hundred twenty -two dollars ($1,122.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule ^**^ to et>f set forth below in subparagraph (3) (d) l'onreszdentzal properh, located within the inuniczpal hmzts ol'Bovnton Beach. One thousand five hundred seventy dollars and eighty cents ($1,570.80) per three- quarter inch by fine- eighths inch (3/4" x 5/8 ") meter equivalent (MM). The table below indicates for various meter sizes the numbers of 3 /4 " x 5/8" MEs and the charges. Meter Size ; /4" x 5/8" ME Water Capital Facilities Charge /4" x 5/8" LO $1,570.80 F' 2.5 $3,927.00 1 -1/2" 5.0 $7,854.00 2" 8.0 $12,566+40 3" 17.5 $27,489.00 4" 31.5 $49,480.20 6" 65.0 $102,102.00 8" 140.0 $219,912.00 10" 210.0 $329,868.00 4 (c) Residential Rproperty located be the municipal hmzts of Boynton Beach but within the zltility service area. One thousand four hundred three dollars ($1,403.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one - bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance Nvith the schedule attached- tH C) , rr „ 80 10 r n A iel e rr „r this c h ap t e fl din b . - oro, -o,, o m ade . af t th „r set forth below in subparagraph 524 of 643 l'onreszdentzal property located beyond the imInicipal hmzts of Boynton Beach but within the utility service area. One thousand nine hundred sixth -two dollars and fiftv cents ($1,962.50) per three - quarter inch by fine- eighths inch (3/4" x 5/8 ") meter equivalent (MM). The table below indicates for various meter sizes the numbers of 3 /4 " x 5/8" MMs and the charges. Meter Size ; / 4" x 5/8" ME Water Capital Facilities Charge /4" x 5/8" 1.0 $1,952.50 1" 2.5 $4,906.25 1 -1/2" 5.0 $9,812.50 2" 8.0 $15,700.00 3" 17.5 $34,343.75 4" 31.5 $61,818.75 6" 65.0 $127,562.50 8" 140.0 $274,750.00 10" 210.0 $412,125.00 (2) &rrage: (c) Residential Rproperly located within the illunicipal limits of Boynton Beach. Six hundred sixty -five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one - bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule H4H ,a,, A to n,.,a;„ „ set forth below in subparagraph (31 (d) l'onreszdentzal property located within the municipal hmzts ofBoynton Beach. Nine hundred thirtv-one dollars ($931.00) per three- quarter inch by five- eighths inch (3/4" x 5/8 ") meter equivalent (NM). The table below indicates for various meter sizes the numbers of 3 /4 " x 5/8" MMs and the charges. Meter Size ; / 4" x 5/8" ME SeN er Capital Facilities Charge /4" x 5/8" 1.0 $931.00 1" 2.5 $2,327.50 1 -1/2" 5.0 $4,655.00 2" 8.0 $7,448.00 3" 17.5 $16,292.50 4" 31.5 $29,326.50 525 of 643 6" 65.0 $60,515.00 8" 140.0 $130,340.00 10" 210.0 $195,510.00 ( (c) Residential Rproperty located beyond the inunicipal hmits of the City of Boynton Beach but within the utility service area. Eight hundred thirty -one dollars ($831.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one- bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached- tH n 44 1+ , rr an 10 r n, +; io rr „r this C h ap t e fl ,,.,,a b oro, -o,, o m ade . aF t th „r set forth below in sub para rg aph L 2 (d) l'onresidential properh" located beyond the municipal Izmzts ol'Bovnton Beach but within the rrtilia service area. One thousand one hundred sixty -three dollars and seventy -five cents ($1,163.75) per three- quarter inch by five- eighths inch (3/4" x 5/8 ") meter equivalent (NIE). The table below indicates for the various meter sizes the numbers of 3 /4 " x 5/8" MEs and the charges. Meter Size ; / 4" x 5/8" ME SeN er Capital Facilities Charge /4" x 5/8" 1.0 $1,163.75 F 2.5 $2,909.38 1 -1/2" 5.0 $5,818.75 2" 8.0 $9,310.00 3" 17.5 $20,365.63 4" 31.5 $36,658.13 6" 65.0 $75,643.75 8" 140.0 $162,925.00 10" 210.0 $244,387.50 Said capital facilities charge is designed to coyer the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together Nvith sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property+ Said capital facilities charge shall be paid i aF t eFe ted if appFepFiate u pen the i ssuance. „ o f th r-„ -st building T that f4Ee in full prior to the execution of the Health Department applications or approval of the plans by the Utilities Department or issuance of the first permit of the project on the owner's or development property or installation of the first water meter on the owner's property, whichever is achieved first, and shall be computed based upon the rate in effect upon that date sha not he as 'essed to I - P-stallf - ants fim H1141HRI seating as long 526 of 643 If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: A.* B. C. Developer(s) Capital Facility Charge Credit as a Percent of Costs Oversized Line Constructed as Required by the Master Plan Minimum Sized Lines Required to Serve Participating Developer(s) (Col. A x Col. B Costs) 44.444% 20 16 74.359 20 12 28.571 16 14 52.381 16 12 71.429 16 10 37.500 12 10 65.517 12 8 527 of 643 84.127 12 6 *From "equation of pipe chart attached as Exhibit A" to Ordinance Number 80 -10, which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line construction agreement for connecting to a system that has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following: (a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing. (b) An adjustment that represents the interest (assumed to be 9 %) that the city would have earned if the related capital facility charge credits were not given to the developer or developers who funded the oversizing. (c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures; the amount to be fifteen percent (15 %). (d) Equivalent dwelling unit capital facilities charge then in effect for water and sewer services in accord with this chapter as amended. Note: Example- Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share of the four thousand (4,000) units. Developers tying -in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above. 528 of 643 (3) The following tables shall be used to determine the number of equivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms: # Bedrooms Multi Tier Water Sewer Water Sewer 1 Bedroom Unit 0.8 897.60 $532.00 $1,122.00 $665.00 2 Bedroom Unit 1.2 1346.40 $798.00 $1,683.00 $997.50 528 of 643 (3) The following tables shall be used to determine the number of equivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms: 3 Bedroom Unit 1.6 1$1 i .064.00 1$2 1$1.330.00 For single family dwellings with greater than 5 bedrooms an additional 0.2 equivalent dwelling units shall be added to the Multiplier for each additional bedroom beyond S, and the capital facilities charges shall be computed employing said multiplier. Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 3 bedrooms per apartment, Multiply the cost of 3 bedroom apartment x 2. Mobile homes and trailers are classified as having 1 equivalent dwelling unit (ner City Ordinance 80 -10) and are charged the same as a 1- bedroom unit. (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital improvement fund to be known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, extension, renewal and replacement of water and sewage systems of the cite, as appropriated from time to time by the , Hun," I Commission. If funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund. (C) WATER CONNECTION CHARGE. When property receives water service from the city facilities, the owner of such property shall pay unto the city a water connection charge, based upon the size of the service line and meters, for the cost of making the tap into the city system, installation of the service lateral and meters, together with the cost of the meters themselves. Said water connection charge shall be provided by the city comrnission, as same shall from time to time be amended. (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the cite install the service lateral and make the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the cite performing such services. (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity+ The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved. 529 of 643 Conversion Factor No. of TypeofDwelling Equivalent Residential Units Annual Reservation Fee (ERU,$) Residential: Single - family, per meter 1.0 $ 138.60 529 of 643 Apartment, per meter: 5/8" x 3/4" 1.0 138.60 1" 2.9 401.94 2" 9.8 1,358.28 Nonresidential, per meter: 5/8" x 3/4" 1.4 194.04 F, 5.7 790.02 1'h" 8.7 1,205.82 2" 15.2 2,106.72 3" 37.4 5,183.64 4" 59.5 8,246.70 6" 232.1 32,169.06 In cases where the required information is not available in sufficient detail to apple the above, a projected flow or demand for the project, certified by a professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty - six (386) gallons per day of flow or demand. The reservation fee shall be due and payable at any of the following instances, whichever occurs first: (1) At time of concurrencv review and certification; or (2) Upon request for written confirmation of capacity reservation; or (3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and /or sewer main extensions: or (4) Upon issuance of a development order by the city: or (5) Upon renewal of an existing development order by the city. Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction occurs. The property owner, may, at his discretion, pre -pay all required capital facilities charges in 530 of 643 lieu of paN i reservation fees. In such instances, firm capacity would be reserved indefinitely without need for annual renewal. (Code 1958, § 3013-4; Ord. No. 80 -10, § 1, 4 -1 -80; Ord. No. 80 -21, § 1, 6 -3 -80; Ord. No. 83 -37, §§ 1 -4, 10- 18 -83; Ord. No. 90 -35, § 1, 9- 18 -90; Ord. No. 91 -59, § 1, 8- 20 -91; Ord. No. 93 -03, § 1, 4 -8 -93; Ord. No. 97 -02, § 1, 2 -4 -97; Ord. No. 02 -045, § 4, 8- 20 -02; Ord. No. 07 -023, § 4, 9- 2-07; Ord. No. 07 -034, § 2, 11- 13 -07; Ord. No. 08 -018, § 2, 7- 15 -08) Cross references - Service charges, § 26 -8; monthly rates, § 26 -9. th@ finflibef of equivalent units H - Pm - thp-, wimbem Hf -1] "14 lin H t P-414 P'l th P, 6 me, - 4 pm-Ap H-fthe. I ast change Apfil 1, 1980, whichek is latef, then the, 'OHmne"Ot chafge and the the inefeased ehafge is Disclaimer This Ccue of a ruinance .n=; r am other cccumentsth .t appear on this site may no? adopted by the Municipality American Legal Pu;lishmg < cip raton proci:esthese uOcumentsfoi infwmar*onal purposes only. These uocumems shoul' not be elie' upon a. l the cefinit -v au*hcrity for local legislamin o-U'it- nally, thet inia ng n = p<gmaricn ofthe p�*eu u�cuments varies from the t inia ng n ' p<glnat-on cfthe official copy. The official printed copy of a Cc ,e of Damances should be consulted prior to any action being taken . rorfurthei informaton of an other documents poste. on this site. ple se cone ctthe imnici lit dlrect! or contact American Legal Pu!:lishing t llkfree at 8ca as ; .;088. @2'011 American Legal Pu!:lishing C cip raton techsupport(c)amleaaI.com 1 800 44", 88. 531 of 643 "' th Smt 1601 6elvetlere Road. Suite 400 least W,S Ralrn Beach, Fl orida 33406 tel: 1 1 561 689 -3336 M, : -, 1 561 689 -97 13 cdmsmlth.mm March 13, 2013 Ms. Barb Conboy Manager, Utilities Admin /Finance City of Boynton Beach 124 Fast Woolbright Road Boynton Beach, Florida 33425 Subject: City of Boynton Beach Capital Facility Charge Structure Update Study Transmittal of Final Report Dear Ms. Conboy: Transmitted herewith is an electronic version of the above referenced final report in pdf format. We appreciate the opportunity to serve the City on this important project. Kindly advise if we can be of any further assistance in this matter. very truly yours,, J Daniel T. Anderson, P.E., BCEE Principal CDM Smith Inc. DTA /aat Enclosures File: 6276.93301.07.01 WATER + ENVIRONMENT +TRANSPORTATION r ENERGY + FACILITIES 532 of 643 533 of 643 Ta ble of • Section1. introduction ....................................................................................................... ............................... 1.-1. 1.1 Authority and Purpose .................................................................................................... ............................1 -1 1.2 Scope of Services ................................................................................................................ ............................1 -1 1.3 Outline of the Reoort ........................................................................................................ ............................1 -2 Section 2 Review of Legal Requirements .................................................................... ............................... 2-1 2.1 General ................................................................................................................................ ............................... 2 -1 2.2 Statutory Requirements ............................................................................................... ............................... 2-1 2.2.1 Outside City Surcharge ................................................................................................ ............................2 -1 2.2.2 Florida Impact Fee Act .............................................................................................. ............................... 2-2 2.3 Case Law Requirements .................................................................................................. ............................2 -3 Section 3 Review and Recommendations .................................................................... ............................... 3 -1 3.1 General ................................................................................................................................... ............................3 -1 3.2 Review of City's Existing Capital Facilities Charges ............................................ ............................3 -1 3.3 Review of Capital Facilities Charges in Other Jurisdictions ............................. ............................3 -1 3.3.1 Palm Beach County ........................................................................................................ ............................3 -2 3.3.2 City of Delray Beach ...................................................................................................... ............................3 -2 3.3.3 Broward County .............................................................................................................. ............................3 -3 3.3.4 City of Deerfield Beach ................................................................................................. ............................3 -3 3.3.5 City of Pompano Beach ................................................................................................ ............................3 -4 3.4 Alternatives and Recommendations .......................................................................... ............................3 -4 3.4.1 Alternative # 1 .................................................................................................................. ............................3 -4 3.4.2 Alternative 42 .................................................................................................................. ............................3 -6 3.4.3 Recommendations ......................................................................................................... ............................3 -B Section 4 Procedures in Other furisdktions ............................................................... ............................... 4 -1 4.1 General ................................................................................................................................ ............................... 4 -1 4.2 Palm Beach County ............................................................................................................ ............................4 -1 4.3 Broward County ................................................................................................................. ............................4 -1 4.4 City of Delray Beach .......................................................................................................... ............................4 -1 CDM Smith 62-9318 m.ounn,ras, 534 of 643 Tabled d Lid!al Fad I ity C3 eSt eUpdat?Swdv U * * 3 =# Appendix -Draft Blackline of Code Section 26 -34 for Ordinance Adoption of Amended Capital Facilities Charges Appendix B - Excerpts from Palm Beach County Documents Regarding Capital Facilities Charges Tables Table 1 -1 Water and Sewer Capital Facilities Charges Ordinance No. 07- 023 ...........................1 -2 Table 3 -1 Alternative #1 Water Capital Facilities Charges for Non - residential Customers( 1) ...................................................................................................... ............................... 3 -5 Table 3 -2 Alternative #1 Wastewater Capital Facilities Charges for Non - residential Customers( 1) ...................................................................................................... ............................... 3 -6 Table 3 -3 Alternative #2 Water Capital Facilities Charges ( 1) .............................. ............................3 -7 Table 3 -4 Alternative #2 Wastewater Capital Facilities Charges ( 1) ............... ............................... 3 -7 Table 3 -5 Alternative #2 Irrigation Water Capital Facilities Charges ( 1) ......... ............................3 -8 535 of 643 R� R The City of Boynton Beach (City) authorized CDM Smith Inc. (CDM Smith) to perform this Capital Facility Charge Structure Update study by issuance of Purchase Order #120873, dated August 1, 2012. The City levies water and sewer capital facility charges on new connections to the utility system, as well as on more intensive redevelopment of properties already connected. Table 1 -1 presents the existing charges that were adopted by Ordinance No. 07 -023. City staff has indicated that the current schedule is challenging to administer and seeks alternatives for simplification. 1.2 Scope of Services The scope of services for this project has been set forth in the attachments to the purchase order. The scope of services is summarized below: "The City requires analysis of the existing capital facility charge structure and recommendations for revisions for compliance with regulations. The revision shall be a simplistic calculation that is fair, equitable and cost neutral. The following are required as part of the work to be performed: Task 1 - Kick -off Meeting and Conceptual Planning Meet with the City Utilities, Building and Finance Department staff to discuss capital facility charges related to issues facing the City, the City's current and future financial commitments /needs, and the City's objectives and policies as a result of the analysis. Preliminary alternative for charge rate structures will be discussed. Task 2 - Develop Capital Facility Charge Structure Alternatives Based on preliminary discussions on the alternative capital facility charge structure during Task No. 1, two alternative structures shall be developed for the City's consideration. A comparison of capital facility charges with other neighboring municipalities will be prepared. Task 3 - Meetings A maximum of two interactive meetings with City Staff following the kick -off meeting will be held to review preliminary results, and to adjust study assumptions and rate designs to meet the City's needs. Additional meetings may be required. RE 536 of 643 S. I nn 1 •Introduction Task 4 - Prepare Draft and Final Revised Ordinance Document Prepare a draft ordinance outlining the new recommended capital facilities charges and provide a document supporting and summarizing the changes made including the results of the analysis. This ordinance shall be provided in electronic format to the City for its review and comment. There will be one response to any and all City comments on the draft ordinance, and final ordinance will be issued to the City for presentation to the City Commission." 1.3 Outline of the Report The following summarizes the outline of this report: • Section 1 is the introduction; • Section 2 is a review of legal requirements, both statutory and case law; • Section 3 reviews the existing capital facilities charges, enumerates alternative structures, and makes appropriate recommendations; • Section 4 presents a summary of procedures employed by other jurisdictions regarding imposition and collection of capital cost recovery charges related to water and wastewater systems. • AppendixA provides the draft recommended ordinance to adopt modifications to the capital facilities charges; and, • Appendix B presents excerpts from Palm Beach County regarding its capital cost recovery charges. Table 1 -1 Water and Sewer Capital Facilities Charges Ordinance No. 07 -023 (Outside City Limits is 25 percent over City rate) ate, ewer ater ewer 1 Bedroom Unit 1,122.00 665.00 $1,402.50 $831.25 2 Bedroom Unit 1,570.80 931.00 $1963.50 $1,163.75 3 Bedroom Unit 2,019.60 1,197.00 $2,524.50 $1,496.25 Bedroom Unit 2,244.00 1,330.00 2,805.00 $1,662.50 5 Bedroom Unit 2,468.40 1,463.00 $3,085.50 $1,828.75 (Outside City Limits is 25 percent over City rate) M 537 of 643 ater Sewer ater Sewer 1 Bedroom Unit $ 897.60 $532.00 1,122.00 $665.00 2 Bedroom Unit $1,346.40 $798.00 1,683.00 $997.50 3 Bedroom Unit $1,795.20 $1,054.00 2,244.00 $1.330.00 M 537 of 643 _action _ . Ir ±rodaai�r NOTE: Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 3 bedrooms per apartment, multiply the cost of 3 bedroom apartment x 2. Mobile homes and trailers are classified as having 1 equivalent dwelling unit (per City Ordinance 80 -10) and are charged the same as a 1- bedroom unit. 538 of 643 In Florida, capital facility charges, also referred to as impact fees or capital cost recovery charges, are subject to both statutory and case law. This section of the report reviews both types of legal requirements applicable to capital facility charges. 2.2 Statutory Requirements Two salient provisions of the Florida Statutes relate to capital facility charges. Each ofthese provisions is described below. 2.2,1 outside City Surcharge As noted from Table 1 -1, the City imposes a surcharge of 25 percent on capital facility charges for connections outside the municipal limits. The following language is contained in Section 180.191, Florida Statutes: "180.191 Limitation on rates charged consumer outside city limits. —(1) Any municipality within the state operating a water or sewer utility outside of the boundaries of such municipality shall charge consumers outside the boundaries rates, fees, and charges determined in one of the following manners: (a) It may charge the same rates, fees, and charges as consumers inside the municipal boundaries. However, in addition thereto, the municipality may add a surcharge of not more than 25 percent of such rates, fees, and charges to consumers outside the boundaries. Fixing of such rates, fees, and charges in this manner shall not require a public hearing except as maybe provided for service to consumers inside the municipality. (b) It may charge rates, fees, and charges that are just and equitable and which are based on the same factors used in fixing the rates, fees, and charges for consumers inside the municipal boundaries. In addition thereto, the municipality may add a surcharge not to exceed 25 percent of such rates, fees, and charges for said services to consumers outside the boundaries. However, the total of all such rates, fees, and charges for the services to consumers outside the boundaries shall not be more than 50 percent in excess of the total amount the municipality charges consumers served within the municipality for corresponding service. No such rates, fees, and charges shall be fixed until after a public hearing at which all of the users of the water or sewer systems; owners, tenants, or occupants of property served or to be served thereby; and all others interested shall have an opportunity to be heard concerning the proposed rates, fees, and charges. Any change or revision of such rates, fees, or charges may be made in the same manner as such rates, fees, or charges were originally established, but if such change or revision is to be made substantially pro rata as to all classes of service, both inside and outside the municipality, no hearing or notice shall be required. 151 539 of 643 icn `t R , , ,,, of I_ li-cuiremenr (2) Whenever any municipality has engaged, or there are reasonable grounds to believe that any municipality is about to engage, in any actor practice prohibited by subsection (1), a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person or persons aggrieved. (3) This section shall apply to municipally owned water and sewer utilities within the confines of a single county and may apply, pursuant to interlocal agreement, to municipally owned water and sewer utilities beyond the confines of a single county. (4) in any action commenced pursuant to this section, the court in its discretion may allow the prevailing party treble damages and, in addition, a reasonable attorney's fee as part of the cost. History. —ss. 1, 2, 3, 4, 5, ch. 70 -997; s. 1, ch. 88 -301; s. 1, ch. 92 -181; s. 1, ch. 98 -15." Because the City levies only a 25 percent surcharge on outside City connections, no additional burden is imposed on the City by the statute. 2.2.2 Florida Irripact Fee Act The following language is excerpted from Section 163.31801, Florida Statutes, adopted by the State Legislature in 2006, as amended in 2009 and 2011: "163.31801 Impact fees; short title; intent; definitions; ordinances levy!ng impact fees. (1) This section maybe cited as the "Florida Impact Fee Act" (2) The Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section. (3) An impact fee adopted byordinance of a county or municipality or by resolution of a special district must, at minimum: (a) Require that the calculation of the impact fee be based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures. If a local governmental entity imposes an impact fee to address its infrastructure needs, the entity shall account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual casts 540 of 643 . o., H Li ew oI g, 1 aeq,i - , en11 1 (d) Require that noti ce be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A county or municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. (4) Audits of financial statements of local governmental entities and district school boards which are performed by a certified public accountant pursuant to s. 2,18,39 and submitted to the Auditor General must include an affidavit signed by the chief financial officer of the local governmental entity or district school board stating that the local governmental entity or district school board has complied with this section. 2 (5) In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section. The court may not use a deferential standard. History. —s. 9, ch. 2006 -218; s.1, ch. 2009 -49; s. 5, ch. 2009 -96; s. S, ch. 2011 -14; s.1, ch. 2011 - 149." 'Note.— Section 14, ch. 2011 -14, provides Chat "[t]his actshall take effect upon becoming a law, and those portions ofthis act which were amended or created by chapter 2009 -96, Laws of Florida, shall operate retroactively to June 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, this act shall apply prospectively from the date that this act becomes a law." 2 Note.— Section 3, ch. 2011 -149, provides that "[t]his act shall take effect upon becoming a law, and shall operate retroactively to July 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, this act shall apply prospectively from the date that this act becomes a law." The 1976 opinion of the Supreme Court of the Florida in the Dunedin case (Contractors and Builders Association of Pinellas County, et al v. City of Dunedin, Florida, 329 So. 2 314) provides guidance for developing a capital facility charge methodology that is firmly grounded in Florida law. The Dunedin case upheld the legal authority of a municipality in the State of Florida to impose capital expansion fees upon new customers of public water and wastewater systems. The court rejected the notion, advanced by opponents of the fee in that case, that a capital expansion fee is an unconstitutional tax. The statutory authority of municipalities to establish "just and equitable rates or charges" for water and wastewater systems was viewed as authorizing the imposition of such fees. The opinion further provides specific guidance for establishing capital facility charges. 541 of 643 icn `t R , , ,,, of I_ li-cuiremenr The guidance found in the Dunedin opinion can he expressed in terms of the following four rules, each of which must be met to ensure the legality of a capital facility charge structure: • The fee imposed may not exceed the ratable share of the costs of expansion; • The costs recovered by the fee must be reasonably anticipated costs of expansion; • Expansion must actually be required to serve new users; and, • The funds collected may only be used to pay costs of expansion. Based on review of the City's current fee and discussions with staff, it appears the City is compliant with these provisions. 2 -4 542 of 643 1 9 This section of the report accomplishes several tasks. First, the City's existing capital facilities charges are reviewed and analyzed. Next, alternative structures employed in other jurisdictions are described and evaluated. The section then concludes with appropriate recommendations as to alternatives for adoption. I 1. The City's existing capital facilities charges were presented in Table 1 -1. The scaling relationship for these charges reflects the Palm Beach County Health Department "Guidelines" for Estimated Sewage Flows, dated May 30, 1979. It is reasonable to tie the relative capacity requirements of various size dwellings to a published standard so as to be transparent and defensible. City staff indicated in the project initiation meeting that the amount of the capital facilities charges per unit are considered appropriate, and desires to retain the level of the charges to remain revenue neutral. The key issue to be addressed in this study is the structure of fee, and the City is seeking alternatives that will simplify the calculation and collection of capital facilities charges. From review ofTable 1 -1, the City's existing structure is complex in terms of the single family residential connections. The charges are scaled by the number of bedrooms, with separate charges for one through five bedrooms. For multi- family connections with one bedroom, a charge is levied equal to 80 percent of thatfor a one bedroom single family connection. The 80 percent value is in the range typically seen for multi- family connections. For nonresidential connections, the Palm Beach County Health Department "Guidelines" for Estimated Sewage Flows, dated May 30, 1979, is the basis for computing capital facilities charges. While the categories are very detailed, they are not fully comprehensive. The following statement is included at the end of the "Guidelines ": "STRUCTURES NOT LISTED ABOVE: Daily flow must be estimated by a Registered Professional Engineer in accordance with published rules of the State of Florida, Departments of Environmental Regulation." As a result, the computation of capital facilities charges can be a technically and administratively involved process that is burdensome. A more administratively simplified approach is thus desirable. 3.3 Review of Capital Facilities Charges in Other Jurisdictions A review has been conducted of capital facilities charges in other jurisdictions in Palm Beach and Broward Counties. Findings are summarized below. W 543 of 643 >ectior� 5 • Review and Rec�mmendari�ru 33.1 Palm Beach County Described above was the Health Department "Guidelines" previously employed by Palm Beach County on which the City's charges were established. Palm Beach County has more recently adopted a "Uniform Policies and Procedures Manual (UPAP)" that contains requirements for various aspects of development and connection to the utility systems. CDM Smith has reviewed Chapter 6 of UPAP, effective October 2011. Subsection 6.1.1, a copy of which is included herewith in Appendix B, tabulates the equivalent residential connections (ERCs) for various size meters, separately for residential and non - residential types of service. Multi- family connection ERCs are established on a dwelling unit basis, with normal service set at a value of 0.7 ERCs per dwelling unit. Non- residential meters are set at higher ERC factor for the same size meters. 33.2 City of Delray Beach The City of Delray Beach has adopted a water connection charge schedule, which is summarized below: • Connection charge equals $788.00 per each residential unit. • For non - single family dwellings, each dwelling unit is taken as one residential unit connection. • Non - residential and irrigation connection charges are set at $788.00 per ERC, with a "true" inch meter meter established as 1.00 ERC. • The scaling factors above the 3 /a -inch meter size reflect relative meter capacities. • A surcharge of 25 percent is levied on connections outside the City. • Any connection fee for a given residential dwelling unit or its equivalent required under this Section shall be paid in full prior to the issuance of any authorization to connect to the City's water system. The City of Delray Beach also has wastewater connection charges, which are summarized below: • Connection charge equals $1,084.00 for each residential unit. • Non - residential connections are charged at $1,084.00 per ERC. • A non - residential ERC is defined has a connection having an estimated flow of 7,000 gallons per month. • Where an estimated now is not available, the following formula shall be used with reference to the Standard Plumbing Code adopted by reference in Article 7.6 of the Land Development Regulations: 1 ERC = 16 Total Fixture Units. • A surcharge of 25 percent is levied on connections outside the City. • The connection charge shall be paid to the City at the time of obtaining a permit for a connection and shall be in addition to the permit fee. 544 of 643 S__ _ • Review and Remmendations 3.33 Brow and County Broward County has adopted water and wastewater capital recovery charges, which are summarized below: • Water (all classes, all meter sizes): $1,590.00 per equivalent residential unit CERU). • Wastewater (all classes, all meter sizes): $2,010.00 per ERU. • An Equivalent Residential Unit (ERU) is the maximum day system demands on a typical residential unit estimated at 274 gallons per day (gpd) for water and 209 gpd for wastewater. Plant capacity necessary to accommodate these demands is 350 gpd and 250 gpd for water and wastewater, respectively. The average day demand of an ERU is estimated at 185 gpd for water service and 147 gpd for wastewater service. 3.14 City of Deerfield Beach Deerfield Beach has a water connection fee of $2,500.00 per unit connected to the system. A "unit' is defined as follows: • Each three hotel or motel rooms. • Each single apartment • Each single- family dwelling. • Each single efficiency apartment. • Each individual dwelling within a duplex. • In office buildings or store buildings providing private lavatory facilities within the building, each private lavatory facility shall be considered one unit; except in instances where separate lavatory facilities are provided for men and women, then each two lavatory facilities shall be considered one unit. • In office buildings or store buildings providing lavatory facilities to be used in common with other tenants of the store or office building, and separate lavatory facilities are provided for men and women, then each two lavatory facilities shall be considered one unit • In all other commercial type businesses or buildings, including for purposes of illustration but not for purposes of limitation restaurants, bars, factory buildings, nightclubs, and banks, there shall be one connection fee charged for each one lavatory facility; provided, however, where separate lavatory facilities are provided for men and women, then each two lavatory facilities shall be considered as one unit • In instances where bars, restaurants, nightclubs, etc., are operated within hotels or motels, then for purposes of computing water connection fees such operations shall be considered as separate, and water connection fees shall be charged for each operation and computed as set forth in this section. 545 of 643 >ectior� 5 • Review and Rec�mmendari�ru • In instances where an establishment has a hotel or motel room connected to an apartment so as to provide an additional bedroom therefor, then no connection charge shall be made for the separate hotel or motel room. For the wastewater system, there is a connection fee of $560.00 for each unit connection. The definition of unit is the same as for the water system. Connection fees within Deerfield Beach must be paid at the time the building permit for construction is obtained. 3D15 City of Pompano Beach Pompano Beach has a water capital recovery fee of $985.00 per ERC, with a 1 /, inch meter defined as an ERC. Connections with larger size meters have their fees scaled up by the relative meter capacities as established by the American Water Works Association (AWWA) Manual of Water Supply Practices - Water Rates - M1. Prior to the issuance of a building permit, or at the time ofinstallation of the meter if a building permit is not issued by the City of Pompano Beach because the property is located outside of the corporate boundaries, each new applicant requesting new water or wastewater service from the city will be required to pay an initial capital recovery fee pursuant to this section. Pompano Beach levies a wastewater capital recovery fee of $545 per ERC, employing the same definition as for water ERCs. The scaling factors by meter size are also the same. Alternatives for consideration are presented below, along with subsequent recommendations. To achieve revenue neutrality, it is desirable to select as a base the typical size for a single family residential unit. Most single family dwellings range in size from two to four bedrooms. So as not to overstate the base amount of the capital facilities charges, for purposes of this study, a two bedroom single family residence is taken as the base, with inside City capital facilities charges for water of $1,570.80, and for wastewater of $931.00. OUNNOGREEMM The size of a water meter is an objective measure, and one which defines its operating capacity. Accordingly, a number of jurisdictions employ water meter size as the sole basis for determining the amounts of water and wastewater capital facilities charges. Some jurisdictions have a slight modification of this structure whereby multi - family connections are charged on a dwelling unit basis. After submission of the draft report and review by City staff, it was determined that retention of the existing charge structure for residential connections would be more appropriate, with conversion of the structure for only nonresidential connections to a meter size basis. In addition, because some large single family residences may be constructed with more than five bedrooms, expansion of the residential charge structure to accommodate such large homes was desirable. Accordingly, increasing the multiplier used to compute the charge by 0.2 equivalent dwelling units per bedroom beyond five bedrooms is considered suitable to recognize the greater potential demand on the utility systems. 3 -4 546 of 643 S__ _ a Review and Remmendatipns City staff has provided historical monthly customer data containing billed usage and numbers of dwelling units that enable an analysis of capacity requirements. Data for total Fiscal Years 2008 through 2011, and partial Fiscal Year 2012 were analyzed. The ratios of maximum monthly demand per dwelling unit for multi - family connections as a percentage of that for single family connections range from a low of 36 percent to a high of 51 percent during that period. Because the data include all single family customers, some of which may have larger than 3 /4 -inch x 5/8 -inch meters, it is not unexpected that the values would fall into this range. Historical data for only those single family customers served by 3 /4 -inch x 5/8 -inch meters reportedly are not available. It is nonetheless reasonable to assign a capacity requirement of 80 percent to a multi - family dwelling unit for the minimum size meter serving single family residential connections. Table 3 -1 presents the schedule of water system capital facilities charges for nonresidential connections employing this alternative. The base used for developing the table assigns the value of $1,570.80 to an inside City 3 /4 -inch by 5/8 -inch meter. This charge schedule is intended to be applied to both domestic and irrigation water meters. Outside City connections would pay these charges with the statutorily permissible additional 25 percent surcharge. Table 3 -1 Alternative #1 Water Capital Facilities Charges for Nonresidential Customers (1) (1) Applicable to both damestic and irrigation meters. (2) Based on AWWA Standard. (3) For 3/4" x 5/8" meter equals existing value for two bedroom residence of $1,570.80. For larger size meters, equals Relative Meter Capacity value multiplied by the value for 3/4" x 5/8" meter. Table 3 -2 presents the schedule of wastewater system capital facilities charges under this alternative. The base used for developing the table assigns the value of $931.00 to an inside City 3/4 -inch by 5/8- inch meter, which is applicable only to domestic meters. Outside City connections would pay these charges with the statutorily permissible additional 25 percent surcharge. 547 of 643 3/4 u 5/8 1.0 $1,57(180 1 2.5 $3,927.00 1 -1/2 5.0 $7,854.00 2 8.0 $12,566.40 3 17.5 $27,489.00 4 31.5 $49,480.20 6 65.0 $102,102.00 8 140.0 $219,912.00 10 210.0 $329,868.00 (1) Applicable to both damestic and irrigation meters. (2) Based on AWWA Standard. (3) For 3/4" x 5/8" meter equals existing value for two bedroom residence of $1,570.80. For larger size meters, equals Relative Meter Capacity value multiplied by the value for 3/4" x 5/8" meter. Table 3 -2 presents the schedule of wastewater system capital facilities charges under this alternative. The base used for developing the table assigns the value of $931.00 to an inside City 3/4 -inch by 5/8- inch meter, which is applicable only to domestic meters. Outside City connections would pay these charges with the statutorily permissible additional 25 percent surcharge. 547 of 643 >ectior� 5 w Review and RecommerdariCru Table 3 - 2 Alternative #1 Wastewater Capital Facilities Charges for Nonresidential Customers (1) 3/4 x 5/8 1.0 $931.00 1 2.5 $2,327.50 1 -1/2 5.0 $4,655.00 2 9.0 $7,445.00 3 17.5 $16,292.50 4 31.5 $29,326.50 6 65.0 $60,515.00 9 140.0 $130,340.00 10 210.0 $195,510.00 (1) Applicable to only domestic meters. (2) Based on AWWA standard. (3) For 3/4 "x5 /B" meter equals existing value for two bedroom residence of $931.00. For larger size meters, equals Relative Meter Capacity value multiplied by the value for 3/4" x 5/8" meter. 3.4.2 A9terrrative #2 The prevailing Palm Beach County structure is suitable as another alternative for consideration by the City. The table in Section 6.1.1 of UPAP sets forth the ERC Equivalency Factors for various types of service, separately for residential and non- residential. The ERC Equivalency Factors employed by Palm Beach County are not based on the standard relative meter capacity factors developed by AWWA. Presumably, they reflect site - specific analysis of demands by class and by meter size in the Palm Beach County service area. Unless the City were to undertake a detailed study of demand patterns by meter size and by customer class, it is recommended that the City adopt the AWWA standard relative meter capacity factors identified in Alternative #1. Table 3 -3 presents the schedule of water system capital facilities charges employing this alternative. The base used for developing the table assigns the value of $1,570.80 to an inside City 3/4 -inch by 5/8 -inch residential meter. This charge schedule is intended to be applied to only domestic water meters. Outside City connections would pay these charges with the statutorily permissible additional 25 percent surcharge. Table 3 -4 presents the schedule of wastewater system capital facilities charges under this alternative. The base used for developing the table assigns the value of $931.00 to an inside City 3/4 -inch by 5 /8- inch residential meter, which is applicable only to domestic meters. Outside City connections would pay these charges with the statutorily permissible additional 25 percent surcharge. 3 -6 548 of 643 S__ _ a Review and Recommendations Table 3 -3 Alternative tit Water Capital Facilities Charges ( Table 3 -4 Alternative #2 Wastewater Capital Facilities Charges (1) The table in Section 6.1.2 of UPAP sets forth the Equivalent Residential Irrigation Connection (ERIC) Equivalency Factors for irrigation meters. Table 3 -5 presents the schedule of water system capital facilities charges for irrigation meters employing these factors coupled with the base amount of $1,570.80 for a residential 3/4 -inch by 5/8 -inch meter. Outside City connections would pay these charges with the statutorily permissible additional 25 percent surcharge. 549 of 643 (1) Applicable to both domestic and irrigation meters. (2) Based on PBC UPAP Section 6.1.1 table. (3) For 3/4" x5/8" meter equals existing value for two bedroom residence of $1,570.80. For larger size meters, equals Relative Meter Capacity value multiplied by the value for 3/4" w 5/8" meter. (4) Equals Capital Facility Charge value for 3/4 "x5/8" Residential meter multiplied by Relative Meter Capacity. (1) Applicable to only domestic meters. (2) Based on PBC UPAP Section 6.1.1 table. (3) For 3/4" x5/8" meter equals existing value for two bedroom residence of $931.00. For larger size meters, equals Relative Meter Capacity value multiplied by the value for 3/4" x 5/8" meter. (4) Equals Capital Facility Charge value for 3/4 "x5 /8" Residential meter multiplied by Relative Meter Capacity. Revlaw and Recummendati0ns Table 3 -5 Alternative q2 Irrigation Water Capital Facilities Charges (1) d._ Residential - Per Meter 3/4 x 5/8 1.0 $1,570.80 'i Non - Residential - Per Meter 3/4 x 5/8 1.1 $1,727.98 1 5.7 $8,953.56 1 -1/2 143 $22,462.44 2 30.7 $48,223.56 3 67.1 $105,400.68 4 183.6 $288,398.88 6 392.1 $615,910.68 8 697.1 $1,095,004.68 10 1,085.7 $1,705,417.56 Ill Applicable to only irrigation meters. (2) Based on PBC U PAP Section 6.1.2 table. (3) For 3/4 "15/8 "residential meter equals existing value fortwa bedroom residence If $1,570m. (4) Equals Relative Meter Capacity value multi pIled by existing value for two bedroom residence of $1,570.80. :3.4.3 Recommendations The use of meter sizes without regard to type of connection is a fairly widespread basis for levying capital facilities charges. While it has been determined suitable for application to nonresidential customers, it is recommended that the existing charges be retained for the residential customer classes. Accordingly, Alternative #1 is the recommended one for the City to employ in its updating of capital facilities charges for new nonresidential connections. Specific details are listed below: • The existing schedule for single family connections is recommended to be expanded so that large homes with more than five bedrooms are charged for the greater potential demand they will place on the utility systems. The multiplier employed to compute the charge is recommended to be increased by 0.2 equivalent dwelling units for each bedroom in excess of five bedrooms. • Nonresidential customer classes, including both domestic use and irrigation meters, are recommended to be based strictly on the size of the water meter. • Connection fees and reservation fees are recommended to remain the same. • Provisions for oversized pipelines are recommended to remain the same. • Section 26 -34 of the City's Code of Ordinances (Code) should be modified to: (a) base the collection of capital facilities charges based on meter size for nonresidential connections; (b) eliminate the financing options; and, (c) eliminate the CRA preference for outdoor seating /financing. • Section 26 -35 of the Code relating to additional charge should be deleted. Appendix A provides a black -lined draft revision to Section 26 -34 of the Code to adopt modifications to the capital facilities charges reflecting those developed and recommended for Alternative #1. QDIMI smith 3 -8 sns -saaei o�.oi /anrsae sP rio" a 550 of 643 During the project initiation meeting, the City expressed an interest in determining what procedures are followed in other jurisdictions for the imposition and collection of fees associated with new connections to the utility systems. This section of the report identifies those procedures based on review of documents and discussions with staff within those jurisdictions. The most relevant information is associated with Palm Beach County, which is discussed immediately below. The Palm Beach County Water Utilities Department (PBCWUD) has an extensive website containing substantial details regarding policies and procedures for payment of fees and charges for new connections. Appendix B contains copies of several documents plus a hypertext link to one of the documents that is 150 pages in length. From discussion with County staff, currently there are no allowances made for payments over time after actual connection to the system. All payments must be made before actual connection to the system is permitted. However, staff has indicated that the County is currently considering the possibility of allowing payment over time after connection to the system has actually been made. CDM Smith contacted Broward County Water and Wastewater Services to determine what procedures are followed for the payment of capital facilities charges. In almost all cases, total payment of the charges is required prior to the County issuing a permit to construct utilities. Only in rare instances would payment over time after connection be permitted. One example was given by County staff, which is the instance of an existing water -only customer being provided wastewater collection service not by specific request. For a mobile home park customer with many individual dwellings being connected, the aggregate wastewater capital facilities charge amount could be on the order of hundreds of thousands of dollars. In this instance, the Fiscal Services component of the County entered into an agreement for payment of the amount over a multi -year period. 4.4 City of Delray Beach From review of the City of Delray Beach's requirements, the connection charge must be paid to the City at the time of obtaining a permit for a connection. a -t 551 of 643 APPENDIX A Draft Blackline of Code Section 26 -34 for Ordinance Adoption of Amended Capital Facilities Charges 552 of 643 Boynton Beach, FL Code of Ordinances Sec. 26-34. Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: (1) Water: (a) Residential Bgroperty located within the municipal limits of Boynton Beach. One thousand one hundred twenty -two dollars ($1,122.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule ,.tt..,.r.,,,. t 0 di.... ni,...a.... 90 10 [AF46 a n of this , hapt,.a and b refe..,,nee Ma a part the- set forth below in subnaraeranh (3) (b) Nonresidential property located within the municipal limits ofBovnton Beach. One thousand five hundred seventy dollars and eighty cents ($1.570.80) per three- quarter inch by five- eivhths inch (3/4" x 5/8 ") meter equivalent (ME). The table below indicates for various meter sizes the numbers of 3 /a" x 5/8" MEs and the charges. Meter Size 3 /4' x 5/8" ME Water Capital Facilities Charge 3 /a" x 5/8" LO $1.570.80 1" 2.5 $3.927.00 1 -1/2" 5.0 $7.854.00 2" 8.0 $11566.40 3" 17.5 $27,489.00 4" 31.5 $49,480.20 6" 65.0 $102.102.00 8" 140.0 $219.912.00 10" 210.0 $329.868.00 �b4 (c) Residential RQroperty located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand four hundred three dollars ($1,403.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one - bedroom single - Family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule a4taehed to Ordinanee Number 80 10 r n.44e 114 thi „w,.pw4, a444135, re 4;,.-,,..._., ......,a., „ tw.,.. "Of set forth below in Pfft subnaraaranh (31 553 of 643 (d) Nonresidential property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand nine hundred sixty -two dollars and fifty cents ($1,962.50) per three - quarter inch by five - eighths inch (3/4" x 518 ") meter equivalent (ME). The table below indicates for various meter sizes the numbers of 3 /a" x 5/8" MEs and the charges. Meter Size 3 /4" x 5/8" ME Water Capital Facilities Charge %" x 5/8" 1.0 $1,952.50 1" 2.5 $4,906.25 1 -1/2" 5.0 $9,812.50 2" 8.0 $15.700.00 3" 17.5 $34343.75 4" 31.5 $61.818.75 6" 65.0 $127,562.50 8" 140.0 $274,750.00 10" 210.0 $411125.00 (2) Sewage: (a) Residential P-property located vrithin the municipal limits of Boynton Beach. Six hundred sixty -Five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one - bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule t 4qPFP.P set forth below in subparagraph (3) (b) Nonresidential property located within the municipal limits of Boynton Beads. Nine hundred thirty -one dollars ($931.00) per three - quarter inch by five - eighths inch (3/4" x 5/8 ") meter equivalent (ME). The table below indicates for various meter sizes the numbers of 1 /4" x 5/8" MEs and the charges. Meter Size 3 /4" x 5/8" ME Sewer Capital Facilities Charge 3 / " x 5/8" 1.0 $931.00 1" 2.5 $2,327.50 1 -1/2" 5.0 $4.655.00 2" 8.0 $7,448.00 3" 17.5 $16,292.50 554 of 643 4" 31.5 $29.326.50 6" 65.0 $60,515.00 8" 140.0 $130.340.00 10" 210.0 $195,510.00 �b4 (c) Residential PLproperty located beyond the municipal limits of the City of Boynton Beach but within the utility service area. Eight hundred thirty -one dollars ($831.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one - bedroom single - family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule . t n. —di ee 1 b on 10 set forth below in subparagraph ( (d) Nonresidential property located bevond the municipal limits of Bovnton Beach but within the utility service area. One thousand one hundred sixty -three dollars and seventy -five cents (51,163.75) per three - quarter inch by five - eighths inch ('3/4" x 5/8 ") meter equivalent (ME). The table below indicates for the various meter sizes the numbers of 3 /a" x 5/8" MEs and the charues. Meter Size 3 /a" x 5/8" ME Sewer Capital Facilities Charge 3 /a" x 5/8" 1.0 $1,163.75 1" 2.5 $2.909.38 1 -1/2" 5.0 $5,818.75 2" 8.0 $9.310.00 3" 17.5 $20,365.63 4" 31.5 $36.658.13 6" 65.0 $75.643.75 8" 140.0 5162,925.00 10" 210.0 5244,387.50 Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid computed based upon t he fate in effect upon that date in full prior to the execution of the Health Department applications or approval of the plans by the Utilities Department or issuance of the first permit of the project on the owner's or development property or installation of the first water meter on the owner's property, whichever is achieved first, and shall be computed based upon [he rate in effect upon that date 555 of 643 If oversizing funding has been carried out by a developer (,or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: `From "equation of pipe chart attached as Exhibit A" to Ordinance Number 80 -10, which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already 556 of 643 B . C. Developer(s) Capital Facility Charge Credit as a Percent of Costs Oversized Line Constructed as Required by the Master Plan Minimum Sized Lines Required to Serve Participating Developer(s) (Col. A x Col. B Costs) 44.444% 20 16 74.359 20 12 28.571 16 14 52.381 16 12 71.429 16 10 37.500 12 10 65.517 12 8 84.127 12 6 `From "equation of pipe chart attached as Exhibit A" to Ordinance Number 80 -10, which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already 556 of 643 installed city facilities that have been oversized pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line construction agreement for connecting to a system that has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following: (a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing. (b) An adjustment that represents the interest (assumed to be 9 %) that the city would have earned if the related capital facility charge credits were not given to the developer or developers who funded the oversizing. (c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures; the amount to be fifteen percent (15 %). (d) Equivalent dwelling unit capital facilities charge then in effect for water and sewer services in accord with this chapter as amended. Note: Example- Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share of the four thousand (4,000) units. Developers tying -in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above. (3) The following tables shall be used to determine the number of eauivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms: #Bedrooms (Multiplier) ater ewer ater ewer 1 Bedroom Unit 1.0 1122.00 665.00 1 402.50 831.25 2 Bedroom Unit 1.4 1 570.80 931.00 1963.50 1163.75 3 Bedroom Unit (1.91 019.60 1 197.00 2 524.50 1496.25 Bedroom Unit 2.0 2 244.00 1330.00 2 805.00 1 662.50 5 Bedroom Unit 2.2 2 468.40 1 463.00 3 085.50 1 828.75 #1 #Bedrooms (Multiplier) ater ewer ater ewer 1 Bedroom Unit 0.8 $ 897.60 $532.00 $1122.00 665.00 2 Bedroom Unit 1.2 1 346.40 798.00 1683.00 997.50 3 Bedroom Unit 1.6 1 795.20 1064.00 1244. 0 0 1.330.00 For single family dwellings with greater than 5 bedrooms, an additional 0.2 eauivalent dwelling units shall be added to the Multiplier for each additional bedroom beyond 5, and the capital facilities charges shall be computed emulovina said multiplier. Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 3 bedrooms per apartment, multiply the cost of 3 bedroom apartment 2. Mobile homes and trailers are classified as having 1 eauivalent dwelling unit fner Citv Ordinance 80 -101 and are charged the same as a 1- bedroom unit 557 of 643 (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital improvement fund to be known and designated as Capital improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, extension, renewal and replacement of water and sewage systems of the city, as appropriated from time to time by the council. if funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund. (C) WATER CONNECTION CHARGE. When property receives water service from the city facilities, the owner of such property shall pay unto the city a water connection charge, based upon the size of the service line and meters, for the cost of malting the tap into the city system, installation of the service lateral and meters, together with the cost of the meters themselves. Said water connection charge shall be provided by the city commission, as same shall from time to time be amended. (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the city install the service lateral and make the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the city performing such services. (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity. The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved. Type of Dwelling Conversion Factor No. of Equivalent Residential Units (ERU's) Annual Reservation Fee Residential: Single - family, per meter 1.0 $ 138.60 Apartment, per meter: 5/8" x 3/4" 1.0 138.60 V, 2.9 401.94 2" 9.8 1,358.28 Nonresidential, per meter: 5/8" x 3/4" 1.4 194.04 1" 5.7 790.02 lr/s" 8.7 1,205.82 2" 15.2 2,106.72 558 of 643 3" 37.4 5,183.64 4" 59.5 8,246.70 6" 232.1 32,169.06 In cases where the required information is not available in sufficient detail to apply the above, a projected flow or demand for the project, certified by a professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty -six (386) gallons per day of flow or demand. The reservation fee shall be due and payable at any of the following instances, whichever occurs first: (1) At time of concurrency review and certification; or (2) Upon request for written confirmation of capacity reservation; or (3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and/or sewer main extensions: or (4) Upon issuance of a development order by the city; or (5) Upon renewal of an existing development order by the city. Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction occurs. The property owner, may, at his discretion, pre -pay all required capital facilities charges in lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without need for annual renewal. (Code 1958, § 3013 -4; Ord. No. 80 -10, § 1, 4 -1 -80; Ord. No. 80 -21, § 1, 6 -3 -80; Ord. No. 83 -37, §§ 1-4, 10- 18-83; Ord. No. 90 -35. § 1, 9- 18 -90; Ord. No. 91 -59. § 1, 8- 20 -91; Ord. No. 93 -03. § 1. 4-8-93; Ord. No. 97- 02, § 1, 2 -4 -97; Ord. No. 02 -045, § 4, 8 -20-02; Ord. No. 07 -023, § 4, 9 -2 -07; Ord. No. 07 -034, § 2, 11- 13 -07; Ord. No. 08 -018, § 2, 7- 15 -08) Cross references- Service charges, § 26 -8; monthly rates, § 26 -9. 559 of 643 D @sc8a -el t _c of i., r a'id,oi aiig ot�isr c t._rr _ • s ,he pp t r rh ma; a?. Icct the mat L, , t.1 31 i c -. -ned y the M - ir c i p,_1 al, ga l,Ll N -j GCf.,rti.xc -d_tr es- -7, _tcr int , nrtc - sl pul. _ ::u ,I, nom -L� m .r .,pr" -sli, defimmr , rf fcrlot d pi �Ao, . 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Y 201 f A tc mn Le„ I Riolks, Iq Gl .„radon techsupport(@amlegal.com '1 000 4 �i8oIia. 560 of 643 APPENDIX B Excerpts from Palm Beach County Documents Regarding Capital Facilities Charges 561 of 643 Policy and Procedure Memorandum (PPM) #CW -F -025, dated July 19, 2012, titled "Collection of Impact Fees" 562 of 643 TO: ALL COUNTY DEPARTMENTS AND MUNICIPALITIES FROM: ROBERT WEISMAN COUNTY ADMINISTRATOR PREPARED BY: OFFICE OF FINANCIAL MANAGEMENT & BUDGET (OFMB) SUBJECT: COLLECTION OF IMPACT FEES PPM 4: CW -F -025 ISSUE DATE EFFECTIVE DATE July 19, 2012 July 19, 2012 PURPOSE: To ensure uniformity in collection and control of impact fees and to standardize the calculation, record keeping, and remittance procedures used by the Patin Beach County Planning, Zoning and Building Department and participating municipalities in their roles as collecting agents far County impact fees. UPDATES: Future updates to this PPM will be the responsibility of the Impact Fee Manager, under the direction of the Director of the Office of Financial Management & Budget. AUTHORITY Palm Beach County Unified Land Development Code, Article 13, Palm Beach County Charter, Section 1.3. DEFINITIONS: The following terms and phrases have the meanings given to them by these definitions, except where the context clearly indicates a different meaning. 1. Department or PZ, &13 -The County Planning, Zoning & Building Department, 2. Impact Fee Manager - The County official with management responsibility over the countywide program of development impact fees. 1 Permitting Authority -The building construction permit issuing department of the County or of a participating municipality. 4. Remit or remitted - As used in these procedures, means mailed by L7.S. Mail, Certified Mail with the proper postage, on the date the mailing is postmarked. 5. cPZB —The computer application system used by PZ&,B to issue, monitor, and account for building permits issued by PZ&B. CW -F-025 /Page I of 563 of 643 POLICY I . Impact fees may be assessed, at the option of the feepayer, using one of two mechanisms: (a) the standard fee schedules established in the Palm Beach County Unified Land Development Code (ULDC) or (b) an independent calculation performed at the feepayer's expense and approved by the Impact Fee Manager. 2. When the proposed development replaces an existing structure or development, existing use credits may be applied against the impact fees calculated for the proposed development. 3. The collection of all impact fees is handled through the permitting authority, unless an interlocal agreement is executed whereby the County collects impact fees. 4. Connection fees for water and wastewater services administered by the Water Utilities Department of the County or municipality are not considered impact fees, and therefore are excluded from the provisions of this PPM, 5. Impact fee schedules are established by the UDLC. A summarized fee schedule will be supplied to each permitting authority by the Impact Fee Manager, whenever the fee schedule is amended by the County. 6- Building permits are not to be issued to any permit applicant until the appropriate County impact fees have been collected. Impact fees will be calculated and assessed for each building permit application received by the permitting authority. 7. All impact fees assessed in the unincorporated area of Palm Beach County and assessed by PZ&B for municipalities that have entered into agreements with the County will be collected and accounted for by PZ&B (Accounting Section). No other County department or agency will receive, collect or account for these fees, except as otherwise provided in paragraphs (a) and (b) below. a_ The County Finance Department will account for all transmittals and deposits received from the Planning, Zoning & Building Department and municipal permitting authorities. The Fiscal Director of the Engineering and Public Works Department may receive hump sum payments of road impact fees which are required by conditions of approval or development agreements. The Fiscal Director of the Engineering and Public Works Department shall deposit the hands and report the receipt of the funds to the Accounting Section of the Planning, Zoning and Building Department, the Finance Department, and the Impact Fee Manager within two (2) working days, along with: (I) the road impact fee zone designation, (2) the development name, (3) the zoning petition number, (4) the petition condition being satisfied, and /or (5) the development agreement for which the fees were received. CW- F- 625I1 2 of 7 564 of 643 $. County and mmaicipal building permit and financial records must be maintained in a manner that allows the County Internal Auditor or his designee to review all impact fee transactions performed by the Department and murricipal building permitting authorities. These records will include all building permit and financial records required in order to determine the accuracy and completeness of all impact fee calculations and assessments. 9. F,rrors and omissions in the assessment of impact fees which are identified within the time allowed for refund may be corrected by the affected parties, including the feepayer, in the manner specified in PPM No. CW-F -026. Impact fees in effect at the time of permit application shall be collected when identified. Computational or clerical errors do not excuse the feepayer from paying all impact fees owed. The current owner of the property on which the development activity took place will be responsible for any fees owed as a result of errors and omissions. Errors and omissions must be identified and charged to the current owner within three (3) years from the date of issuance of the building permit in order for a lien to be placed against the property. If the error and omission is identified after this period of time, the impact fee debt shall remain with the property, but the lien shall be of no force and effect. 10. When credits or independent fee calculations have been approved by the Impact Fee Manager, the Impact Fee Manager is responsible for informing the permitting authority before fee collection and permit issuance. a. 1ldjustmerts and other recalculations to impact fees are made in accordance with PPM No. CW -F -026. b. Fee credits to impact fees for in -kind contributions to required infrastructure are made in accordance with PPM No. CW-F -034. a Independent calculations may be used as an alternative basis for assessing impact fees, if approved by the Impact Fee Manager. Any variations from the standard impact fee schedules must be clearly documented in the permit file. 11, The permitting authority is responsible for answering questions from the public and giving estimates for the impact fees it collects. If the permitting authority cannot estimate the impact fees or if it cannot answer a question, it shall contact the Impact Fee Manager for assistance. 12. Interpretation and clarification of all matters related to impact fees and their processing will be the responsibility of the Impact Fee Manager. No credits shall be given except those approved by the Impact Fee Manager. 13. The impact fee rates will be re- evaluated biennially to ensure that the fees do not exceed the pro -rata cost of capital facilities for new development, less credits, based on existing levels of service. The Impact Fee Manager will be responsible for coordinating the biennial review of these rates and providing new fee schedules to the permitting authority, when approved by the Board of County Commissioners. CW- F- 0251Pi 3 of 7 565 of 643 PROCEDURES: Proce dures for Municip for Which the County C ollects Impact Fe es; l_ The permit applicant will deliver two (2) sets of construction drawings, plus all other information required in order to calculate the impact fees (see Procedure l.a., below), to the Department prior to making permit application to the municipality. 2. The Department permit technician will review the drawings and input the appropriate construction and development information, including the owner's name, property address, parcel control number, contractor name, the land use, and square foot size, into ePZB. ePZB will generate a plan review number and calculate the impact fees owed. The Department permit technician will stamp both sets of construction drawings with a stamp which shows the amount of impact fees owed, the square foot size. the land use, the plan review number, and the name of the Department permit technician. 3. The applicant will pay the total impact fees to the Department cashier. The cashier will issue a receipt to the applicant. The permit technician will return the stamped plans to the applicant after the applicant shows the cashier's receipt indicating payment of the impact fees. 4. The receipt and the stamped construction drawings will be submitted to the municipality as part of the application for building permit. It is the responsibility of the municipality to ensure that the size and use for which the permit is issued are the same as those for which impact fees were paid. The stamped plans and a copy of the receipt shall become part of the permit record at the municipality. Fee Calculation Procedures for Permittinii Authorities Which Collect Impact Fces: 1. The applicant will deliver an application for a building permit to the permitting authority. a. The following information is to be supplied to the permitting authority at the time of permit application: (1) Property address, including lot number and street name (2) Subdivision name (3) Name of municipality (4) Type of development (building use) (5) Size of structure (6) Existing use (if any). b. Fees will be computed based on the size, type and use of each permit application within a development. The fee amounts will be calculated by applying the standard fee schedules or the approved independent calculation, if appropriate, to the permit information in the following manner: The permitting technician will review the application to determine whether there are special exceptions, conditions, credits or independent calculations approved by the C W- F- 025lPage 4 of 7 566 of 643 Impact Fee Manager, prepayment of impact fees approved by the Impact Fee Manager, or other applicable factors. No deviation from the standard impact fee schedules will be permitted except as expressly approved by the Impact Fee Manager. (1) If special conditions DO NOT exist, the permitting technician will process the permit tinder the normal process. (2) If special conditions DO exist, the permitting technician will ensure that the special conditions are satisfied prior to releasing the permit for further processing. (3) If credits D© NOT exist for the project, the permitting technician will notify the applicant of the amount of impact fees owed. (4) If credits approved by the Impact Fee Manager_DO exist, the permitting technician will apply the credits (by impact fee type) against the various impact fees assessed and notify the applicant of the credits available and the net mount of impact fees owned. The Department shall maintain the balances of development credits approved by the Impact Fee Manager by tracking the application of those credits (by permit), and the credit balance(s) yet to be applied. (5) If the development does not match one of the standard classifications defined by tite impact fee schedules or the special conditions do not adequately identify the impact fees, the permitting technician will contact the Impact Fee Manager for assistance. 2. During construction/development if changes in either planned use and /or square footage occur, the feepayer will be responsible for any additional impact foes owed for the revised use or square footage. As appropriate, the difference in fees will either be collected by the municipality or refunded pursuant to PPM No. CW -F -026. Impact Fee Co llections b th County: 1. The cashier will collect impact fees and record the payment, type of fee, and form of payment (credits, currency, check number, etc.) 2. The cashier will issue a receipt to the applicant as fees are collected. All outstanding fees must be collected before the cashier will release a validated building permit. 3. At the close of each business day the Department accounting section will run the end- of-day cash report summarizing the day's transactions. The cash receipts system will create reports with all necessary information for Department accounting to balance the day's transactions. It will also provide sufficient detail, for the Department accounting section to create the Impact Fee Recap. The Department accounting section will enter all required impact fee information into the general ledger from this Recap. C W- F- 025Tage 5 of7 567 of 643 4. The department accounting section will reconcile funds received in accordance with the department's Revenue policies and Procedures. 5. `the department accounting section will prepare daily cash summary reports in accordance with the department's Revenue Policies and Procedures. 6. The administrative fee as provided for in the UDLC will be posted to the General Fund and to the operating fund of the Building Division of the department based on the allocation determined by the Impact Fee Manager and approved by the director of the Office of Financial Management and Budget or his designee. This allocation shall be based upon a proration of the costs involved in administering the impact fee system. The Impact Fee Manager shall evaluate this proration each time the fee schedule is updated. Impact Fe Collections by Participa Municipalities: 1. Municipalities will collect impact fees in a manner that ensures accurate recording and adequate safeguarding of the funds collected. 2. The following items are to be prepared by municipalities and remitted to the County's Finance Department not later than fifteen (15) calendar days after the end of the month of collection: a. A bank check in the amount of all impact fees collected for the month, less an allowable administrative fee retained by the municipality. The amount of administrative fee is established by the UDLC. b. A printed report summarizing the monthly cash receipts in the format prescribed by the County. The report may be submitted on magnetic media or other media acceptable to the County, to speed processing and eliminate dual entry of information. Only computerized reports created with approved software applications will be accepted. This report must also list all voided receipts or transactions, as well as all building permits issued against credits approved by the County. 3_ Because impact fees collected by participating municipalities are the property of the County, any interest earned on those fees is also the property of the County. However, a municipality will not be required to remit interest to the County for impact fees collected, provided that funds owed to the County are remitted by the specified due date. 4. A participating municipality which fails in two or more consecutive months, or in any three months in a calendar year, to remit impact fees to the County by the 25th calendar day of the month following the month in which the fees were collected will be charged simple interest at the statutory rate, beginning from the first day of the month following the month in which the fees were collected, and continuing until all un- remitted collections have been received by the County. The County's Finance Department will notify the municipality of its delinquency and will request prompt payment in fill. CW -F -025 /1'age 6 of 7 568 of 643 5. In the event a participating municipality has no impact fee transactions during a month, it will only be required to submit a transmittal form stating "NC IMPACT FEI ACpItrffY FOR THE MONTH DF insert month and yearl ". 6. With the County's concurrence, a participating municipality may elect to deposit impact fee fiords, less the municipality's administrative fee, directly to the County by using an approved depository account for the County. As deposits are madc to the depository account, the municipality will forward all related documentation, including both transmittal sheets and deposit ticket copies, to the County. This documentation will be forwarded to the County on the same day that the deposit is made. If a participating municipality elects to use a County depository, the County Finance Department must be notified in a timely manner to allow for the ordering of supplies (deposit tickets, endorsement stamps, etc.) and initiation of the appropriate procedures. 7. The County Finance Department will report to each participating municipality on a semi - annual basis a summary of all impact fee transactions for that municipality for that six (6) month period. This will include monthly receipt totals from the municipality and non- commencement refunds issued. Participating municipalities are responsible for reporting any errors to the County Finance Department. Appeals: 1. A feepayer may appeal any decision of the Impact Fee Manager to the Impact Fee Appeals Board. Appeals will be handled on an individual basis with the burden of proof on the appellant. 2. Appeals must be fled in writing with the Impact Fee Manager within fifteen (15) business days of notice of the Impact Fee Manager's decision. 3. Any aggrieved party, including Palm Beach County, may appeal an order of the Impact Fee Appeals Board to the Fifteenth Judicial Circuit Court of Palm Beach County. t t t � ROBERT WEISMAN COUNTY ADMINISTRATOR Supersession. Historv 1. PPM # CW -F -025, issued 01/03/92, effective 05/01/93 3. PPM P C W -F- 025 - revised 01/12101 3. PPM ;} CW -F -025, revised 02/07/02 4. PPM k CW- F-025_ revised 02/01106 CW -F -025 /Page 7 of 7 569 of 643 PPM #CW -F -029, dated February 11, 2011, titled "Cash Control of Impact Fees" 570 of 643 TO: ALL COUNTY DEPARTMENTS AND MUNICIPALITIES FROM: ROBERT WEISMAN COUNTY ADMINISTRATOR PREPARED BY: OFFICE OF FINANCIAL MANAGEMENT & BUDGET (OFMB) SUBJECT: CASH CON'T'ROL OF IMPACT FEES PPM #: CW -F -029 ISSUE DATE EFFECTI`IE DATE February 8, 2011 February 11, 2011 PURPOSE: To establish guidelines for the collection, control and transfer of cash, checks and negotiable instruments collected for impact fees. UPDATES: Future updates to PPM No. CW -F -029 will be the responsibility of the Director of Financial Management and Budget. AUTHORITY. I. Florida Statutes, Chapters 125 and 218. 2. Palm Beach County Land Development Code, Article 13. 3. Palm Beach County Charter, Section. 1.3. Zi3if[il Impact fees collected by the County shall be handled in a manner to ensure compliance with all applicable laws, policies, procedures and generally accepted accounting and auditing principles. Connection fees for water and wastewater activity administered by the Water Utilities Department of the County or municipality are not considered impact fees, and therefore are excluded from compliance with this Policy and Procedure Manual. Definitions: 1. Permitting Authority —The building construction permit issuing department of the County or the municipalities. CW -F -029 / Page 1 of 4 571 of 643 Guidelines: I. The County Finance Department (hereinafter "Finance ") is responsible for the proper accounting and custody of impact fee collections. Permitting authorities are responsible for remitting collections and transmitting all required financial information and records to Finance in a timely manner. 1 All locations collecting impact fee payments must designate (in writing) an individual to Finance, who will be responsible for the management of handling cash receipts, the preparation of deposit slips, accounting for funds received, and transmitting records to Finance. Segregation of these duties should be based on prudent management principles and generally accepted accounting and control practices. This (these) individual(s) shall be bonded, if not otherwise covered by a municipal or County blanket bond. 3. Segregation of duties is essential to maintaining effective internal controls. The following separate functions shall exist within the impact fee collection system. The organization . currently performing the task for the County is included. Each municipality collecting impact fees shall maintain a segregation of duties adequate to maintaining effective internal controls. a. The receipt of cash including the recording of the event must be an independent function. This task is currently performed for the County by the cashier at the Planning, 'Zoning & Building Department. b. The preparation of the deposit slips and the transmittal form to Finance must be a separate function. This task is currently performed for the County by the Planning, Zoning & Building Department Accounting Section. Q,, The computation of the impact fees due must be performed by a separate function. This task is currently performed for the County by the Building Division Permitting Section of Planning, Zoning & Building Department. d. The official recording of financial transactions to the general ledger must be a separate function. This task is performed by the County Finance Department. e. The update of impact fee schedules shall be performed by a separate function. This task shall be performed by the impact Fee Manager in accordance with the impact fee methodology of the most recent biennial review as approved by the Board of County Commissioners. Procedures for Cash Con trol: 1. All checks received for impact fees shall be restrictively endorsed immediately upon acceptance by the County or municipality. CW -F -029 / Page 2 of 4 572 of 643 2. Positive identification in some form (e.g. Florida driver license) must be presented and recorded for all personal checks. All checks must contain addresses and local phone numbers. 3. All funds shall be deposited daily. The custodian of the funds will ensure proper safeguarding of all funds including physical security. a Access to the areas where fiends are physically located shall be limited to personnel whose positions require their presence. b. Cash register reconciliation between the events recorded and the cash received must occur daily. 4. Transmittal reports to Finance will be prepared concurrently with the deposit slips and forwarded to Finance at the same time the deposit is forwarded to the bank. Procedures for Returned Checks: I. All returned checks will be delivered to Finance from the depositing bank, and Finance will process invoices for the returned checks. Finance will send the invoice, return receipt requested, to the person or company writing the check that payment should be rendered within thirty (30) days from the receipt of the notice, along with the returned check service charge as allowed in Florida Statutes, Chapter 125.0105. Finance will also send a copy of the invoice and the returned check to the permitting authority where the original payment was made. The permitting authority will red -tag the permit. 2. The presenter of the returned check (feepayer for the building permit) must present payment for the original amount, plus the service charge, to Finance or the permitting authority where the original payment was made. 3. If a check presented to the County becomes uncollectible and a feepayer does not present funds to cover the returned check within five (5) business days, Finance will notify the permitting section of the County or the municipality, as appropriate, to cancel the building permit. The uncollected charge for the returned check will be referred to the Revenue Collections Section of OFMB, and all financial accounts shall be adjusted amordingly. Finance will reduce the revenue accounts by the amount not recoverable. 4. When impact fee checks are returned to municipalities, regardless of whether the impact fees have been remitted to the County, it remains the responsibility of the municipality to collect the funds. When impact fees are judged to be uncollectible, it is the responsibility of the municipality to cancel the building permit associated with the impact fees and notify Finance. CW -Ja -029 / Page 3 of 4 573 of 643 If the municipality is using a depository account for remitting impact fees to the County, returned checks will be received by the County Finance Department. The County Finance Department should make the correcting accounting entries, and forward the returned check to the municipality for collection. The returned check notice will be used in the monthly reconciliation. ROBERT WEISMAN COUNTY ADMINISTRATOR Supersession Historv: 1. PPM # C W- F-029, dated January 3, 1992 2. PPM # CW -F -029, revised I VOU01 3. PPM # C W -F -029, revised 02/07/02 4. PPM # C W -F -029, revised 08/15107 CU4' -F -029 l Page 4 of 4 574 of 643 PPM #CW -F -069, dated August 18, 2009, titled `Impact Fee Escrow Agreements' 575 of 643 TO: ALL COUNTY PERSONNEL. FROM: ROBERT WEISMAN COUNTY ADMINISTRATOR PREPARED BY: OFFICE OF FINANCIAL MANAGEMENT & BUDGET (OFMB) SUBJECT: IMPACT FEE ESCROW AGREEMENTS PPMii: CW -F -069 ISSUE DATE EFFECTIVE DATE August 18, 2009 August 18, 2009 PURPOSE To establish specific guidelines, standards, procedures and other terms and conditions for executing and administering escrow agreements involving the payment of County development impact fees. UPDATES: Future updates to PPM No. CW -F -069 will be the responsibility of the Director of Financial Management and Budget. AUTHORITY: I. Palm Beach County Unified Land Development Code 2. Palm Beach County Charter, Section 1.3. POLICY Subject to applicable provisions herein, escrow accounts may be established for the benefit of feepayers who have filed, or who intend to file, applications with the Impact Fee Coordinator's Office for fee adjustments pursuant to independent fee calculation studies or for specified fee exemptions or credits, and those adjustments cannot he completed by the Impact Fee Coordinator without delaying issuance of building permits related to the proposed adjustments. DEFINITIONS The following terms and phrases have the meanings given to them by these definitions, except where the context clearly indicates a different meaning. 1. Escrow Agent — Banking institutions charged with the fiduciary responsibility of holding, accounting for, reporting on, and disbursing funds deposited into an escrow account, including interest accumulations thereon, pursuant to an escrow agreement executed under the terms, conditions and limitations specified herein. CW- F- 069/Page I of 3 576 of 643 Existing Ilse — When used in connection with impact fee credits, means an existing structure or, if there is no longer an existing structure, the most recent structure to occupy the parcel of land for which a credit against pending new development is sought. In -kind Contribution -- When used in connection with impact fee credits, means donation of a road, school, library, park, fire - rescue facility or law enforcement capital facility, or the land for siting such facilities. ;ells I13�Fhi►1 — �I+� 1. Escrow agreements are for the purpose of giving the Impact Fee Coordinator the time needed to examine independent fee calculation studies and other documents which have been, or will be, submitted in support of fee adjustment applications without delaying the issuance of building permits contingent on such adjustments. 2. Escrow agreements are not for the purpose of protesting fee decisions of the Impact Fee Coordinator or of delaying fee payments to the County pending appeal of a decision of the Impact Fee Coordinator, but are intended only for use when the feepayer seeks an adjustmcttt ofimpact fees through an independent fee calculation study, existing use credit, in -kind contribution credit or eligible exemption, and the adjustment cannot be timely completed, as described in Guideline I above. 3. The term of an escrow agreement shall be two (2) years from the date of execution by the County. During the term of the agreement, it is expected that the feepayer will diligently pursue the filing of the fee adjustment application and supporting documents which was the purpose for the escrow account. 4. Escrow agents must be banking institutions licensed to do business in the United States, having a minimum "peer group" rating that meets or exceeds the threshold levels from at least two of the following five rating services: A. Ilighline listing-50 B. IDC Bank Financial Quarterly listing — 125 C. Veribanc, Inc. listing — 3 Star Green Rating D. Standard & Foor's listing — Single A E. Moody's listing— Single A Before any escrow agreement can be executed by the County, the feepayer must provide satisfactory proof of minimum peer group ratings for the proposed escrow agent. Escrow agents must maintain their minimum peer group ratings throughout the terms of the escrow agreements. If at anytime during the term of an agreement, the escrow agent fails to maintain minimum ratings from at least two of the five approved rating services, the agreement must be amended to replace the escrow agent with one meeting those minimum standards. If the feepayer fails to secure a replacement bank meeting the minimum rating standards, the Impact Fee Coordinator may elect to continue the agreement for the remainder of term or the Impact Fee Coordinator may elect to terminate the agreement by CW- F- 064/Fage 2 of 3 577 of 643 sending notification to the escrow agent with instructions to disburse the entire balance in the escrow account to the County, within the time limit set forth in the agreement for such disbursements. 7. The escrow agreement must be in a form developed for that purpose by the Impact Fee Coordinator and approved by the County Attorney. The standard form of escrow agreement is attached hereto as Attachment A. Substantive changes to the standard form of the agreement must be approved by the Board of County Commissioners. S. All costs associated with the establishment, maintenance,, accounting, reporting and closing of an escrow account are the responsibility of the feepayer, and shall be paid directly to the escrow agent in the manner and according to the schedule specified by the escrow agent. 9. For each payment deposited into an escrow account in lieu of payment made directly to the County, the escrow agent will issue certified escrow receipts, notarized and attested by an officer of the bank. These certified receipts are to be presented to, and accepted by, the Palm Beach County Building Division or municipality in lieu of equivalent cash payments of impact fees for building permits. 10. Monthly, the escrow agent is required to provide the Impact Fee Coordinator and the feepayer detailed statements of account activity for the period, including the starting balance. deposits into the account, withdrawals from the account, interest earned on the account, and ending balance. A similar statement is required when the escrow account is closed. 11. When the term of the escrow agreement has expired or the Impact Fee Coordinator has made a decision on the fee adjustment application filed by the feepayer, whichever is the first occurrence, the Impact Fee Coordinator will send written notification to the escrow agent to disburse funds and close the escrow account. Interest earned is to be disbursed in the same proportion as the principal. 11 In the event, that the feepayer disagrees with the decision of the Impact Fee Coordinator on the fee adjustment application, which was the purpose for the escrow account, the feepayer may appeal the decision to the Impact Fee Appeals Board in accordance with the ULDC. Notwithstanding such an appeal, the escrow agent must disburse funds in accordance with notification from the Impact Fee Coordinator. ROBERT WEISMAN - COUNTY ADMINISTRATOR Supersession History: 1. PPM # CW -F -069, issued 4101103 CW- F- 069 /Page 3 of 3 578 of 643 Palm Beach County (hereinafter "the County "), (hereinafter "the Builder ") and (hereinafter "the Escrow Agent ") a banking association in jeityl fstatel (hereinafter "the Parties "), in consideration of the mutual covenants contained in this Agreement, hereby agree as follows: Purpose The Builder is currently building in Palm Beach County, Florida in She development known as Pursuant to the Palm Beach County Unified Land Development Code, Article 10 (hereinafter "Article 10 "), the County requires that the Builder pay Palm Beach County impact fees at the time that building permits are issued to the Builder. The Builder may be entitled to certain applicable adjustments of impact fees payable or to certain credits against the impact fees payable. The exact amount of such credits or adjustments has not been determined at this time and, therefore, the exact amount of the impact fees payable in connection with the issuance of building permits is not determined at this time. The intent of the Parties is for the Builder to make adequate payment, in escrow, to insure the payment of the impact fees once they are determined. The Builder anticipates an adjustment of impact fees due to the following specific reason(s): (a) (b) (c) Establishment of Escrow Account. The parties hereby authorize and direct the Escrow Agent to establish an Escrow Account (hereinafter "the Account ") at a national banking association, located at (hereinafter "the Bank ") to be held pursuant to the terms of this Agreement. The Escrow Agent warrants that it meets or exceeds the indicated threshold levels from at least two of the following five approved rating services: A. Sheshunoff Quarterly listing -- 50 B. IDC Bank Financial Quarterly listing — 125 C. Veribanc, Inc. listing — 3 Star Green Rating D. Standard & Poor's listing — Single A E. Moody's listing — Single A The Escrow Agent agrees that it will at all times during the term of this Agreement maintain the minimum peer group rating standard. The Escrow Agent further agrees that if, at any time during the term of this Agreement, it fails to maintain minimum ratings from at least two of the five rating services above, it will immediately notify the County in writing. At the County's sole option, the Agreement may thereafter continue for the remainder of the term or be terminated and the account closed pursuant to instructions from the County. The account shall be an interest bearing account. If the escrowed funds, or a portion thereof, are released to the County, all interest earned by such funds while in escrow shall accrue to the CW- F- 069lAttachmaent A/Page I of 6 579 of 643 IMPACT FEE ESCROW AGREEMENT Palm Beach County (hereinafter "the County "), (hereinafter "the Builder ") and (hereinafter "the Escrow Agent ") a banking association in leity] [state] (hereinafter "the Parties "), in consideration of the mutual covenants contained in this Agreement, hereby agree as follows: Purpose The Builder is currently building in Palm Beach County, Florida in the development known as Pursuant to the Palm Beach County Unified Land Development Code, Article 10 (hereinafter "Article 10 "), the County requires that the Builder pay Palm Beach County impact fees at the time that building permits are issued to the Builder. The Builder may be entitled to certain applicable adjustments of impact fees payable or to certain credits against the impact fees payable. The exact amount of such credits or adjustments has not been determined at this time and, therefore, the exact amount of the impact fees payable in connection with the issuance of building permits is not determined at this time. The intent of the Parties is for the Builder to make adequate payment, in escrow, to insure the payment of the impact fees once they are determined. The Builder anticipates an adjustment of impact fees due to the following specific reason(s): (a) (b) (c) Establishment of Escrow Account. The parties hereby authorize and direct the Escrow Agent to establish an Escrow Account (hereinafter "the Account") at a national banking association, located at (hereinafter "the Bank ") to be held pursuant to the terms of this Agreement. The Escrow Agent warrants that it meets or exceeds the indicated threshold levels from at least two of the following five approved rating services: A. Sheshunoff Quarterly listing — 50 B. IDC Bank Financial Quarterly listing -- 125 C. Veribanc, Inc. listing — 3 Star Green Rating D. Standard & Poor's listing — Single A E. Moody's listing — Single A The Escrow Agent agrees that it will at all times during the term of this Agreement maintain the minimum peer group rating standard. The Escrow Agent further agrees that if, at any time during the term of this Agreement, it fails to maintain minimum ratings from at least two of the five rating services above, it will immediately notify the County in writing. At the County's sole option, the Agreement may thereafter continue for the remainder of the term or be terminated and the account closed pursuant to instructions from the County. The account shall bean interest bearing account. If the escrowed funds, or a portion thereof, are released to the County, all interest earned by such funds while in escrow shall accrue to the CW -F- 069 /Attachment A/Page I of 6 580 of 643 County. If the County is not entitled to the funds, or a portion thereof, the interest earned by such funds shall accrue to the Builder. The Builder shall pay all costs, fees and expenses of the Bank and the Escrow Agent arising from or in connection with the Account. 3. The Escrow Agent Reporting Requirements Each month during the term of this Agreement, the Escrow Agent shall issue to the County and the Builder a current statement of account activity for the period, including starting balance, deposits into the account, withdrawals from the account, interest earned on the account, and ending balance. Deposit of Estimated Fees As a condition precedent to the issuance of any building permit to the Builder, the Builder shall deposit the total amount of estimated impact fees applicable to such permit in the amount determined by the County pursuant to its Impact Pee Tables contained in Article 10, incorporated by this reference as if fully set forth herein, as may be amended from time to time. The Builder shall evidence such deposit by delivering to the County, or to the appropriate municipality as may be directed by the County, a sworn receipt and two copies (a form of which is attached hereto as Exhibit "A ") executed by the Escrow Agent, which receipt shall contain a brief legal description of the affected property and the total amount of the fees deposited with the Escrow Agent. The Builder shall pay all other applicable impact fees directly to the County, or to the appropriate municipality as may be directed by the County, prior to the issuance of any building permit. Disbursement of Escrowed Funds The Escrow Agent shall hold the escrowed funds until it receives written notice from the County as to the amount of impact fees due. The notice from the County shall establish the amount due the County from escrow funds. Within ten (10) days after receipt of notice from the County as to the impact fees due and payable, the Escrow Agent shall disburse the required impact fees to the County and shall disburse the remaining amount, if any, to the Builder. All accrued interest earned on the escrow account shall be prorated between the Builder and the County based upon the amount due to each. Term of Agreement This Agreement shall be effective and binding on the parties upon approval and execution by the County. The Builder shall diligently pursue establishment of any impact fee adjustment or grant of credit against impact fees payable and acknowledges and agrees that the Builder is responsible for submitting to the Impact Fee Coordinator documentation in support thereof as set forth in Article 10 as it may from time to time be amended. The Builder further acknowledges and agrees that in the event the amount of credit or adjustment has not been established within two years from the effective date of this Agreement, the entire amount of impact fees paid into the Escrow Account, and all accrued interest, shall be disbursed to the County. Dispute Resolution. In the event of dispute between the County and the Builder concerning disposition of funds from the Escrow Account, the Builder may, at its option, appeal the decision of the County concerning distribution of the escrowed funds by filing a letter of appeal pursuant to the procedures set forth in Article 10 of the Unified Land Development Code as it may be amended from time to time. Notwithstanding such an appeal, the Parties agree that the Escrow Agent shall disburse funds in accordance with written instructions from the County. Upon such disbursement by the Escrow Agent, all liability on the part of the Escrow Agent shall terminate, except to the extent of CW- F- 069lAttachment A/Page 2 of 6 581 of 643 accounting for any items previously delivered out of escrow. The County and the Builder agree that the Escrow Agent shall not be liable to any person for its acts pursuant to this Agreement other than for the Escrow Agent's willful breach of this Agreement or the Escrow Agent's gross negligence. $. Standard Provisions A. Additional Instruments. Each of the Parties shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. B. The Entire Agreement. This Agreement constitutes the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. C. Modification. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. D. Waiver. The failure of any of the Parties to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. E. Situs and Venue. The Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue will be in Palm Beach County. F. Partial Invalidity. If any provisions of this Agreement are held to be invalid or unenforceable, all of the other provisions shall nevertheless continue in full force and effect. G. Notices. Unless otherwise specified, all notices required under this Agreement shall be made and transmitted in writing by U,S. mail to: For the County For the Builder Mr. Willie Swoope Impact Fee Coordinator 100 Australian Avenue, Rm 352 West Palm Beach, FL 33406 For the Escrow Agent H. Time of the Essence. Time is of the essence in every particular, including the agent's reporting requirement set forth in paragraph 3 above, and particularly where the obligation to pay money is involved. CW -F -069 /Attachment A/Page 3 of 6 582 of 643 Captions. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision hereof. J( IN WITNESS WHEREOF, the parties have executed this Agreement this day of 200 BUILDER: Willie M. Swoope, Impact Fee Coordinator Date: Si attire 200 fTyned or Printed Namel Telephone: (561) 233 -5014 Date: 200 Telenhone: PR No: Petition No: ESCROW AGENT: [ Signature ] !Typed or Printe -c Names Date; 200 Telephone: PALM BEACH COUNTY CW -F- 069 /Attachment A/Page 4 of 6 583 of 643 Witnesses (2) [Signature] [Signature [Typed or Printed Name] [Typed or Printed Name] Witnesses (2): [Signature] [Typed or Printed Name] [Signature] [Typed or Printed Name] Witnesses (2): CERTIFIEID RECEIPT EXHIBIT "A [Signature] — [Typed or Printed Name] [Typed or Printed Name] STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned authority, personally appeared Escrow Agent, who, being by me first duly sworn, deposes and says: 1. Escrow Agent hereby acknowledges that it has received the following sums to be held by Escrow Agent pursuant to the Impact Fee Escrow Agreement dated , 200 in connection with Lot _, Block of the development known as Zoning Petition , in connection with the application for a building permit for a single family residence containing square feet of enclosed floor space. The Plan Review and/or Petition numbers are: School Impact Fee Escrow Amount Road Impact Fee Escrow Amount Park Impact Fee Escrow Amount Fire - Rescue Impact Fee Escrow Amount [Signature] Cif' -F- 069 /Attachment AlPage 5 of 6 584 of 643 $ Library Impact Fee Escrow Amount Public Buildings Impact Fee Escrow Amount Law Enforcement Impact Fee Escrow Amount 2. Escrow Agent acknowledges that this Affidavit is being given as an inducement to Palm Beach County to issue one or more building permits. Further Affiant sayeth not. SWORN TO BEFORE ME this day of 200 NOTARY PUBLIC My commission expires: GW -F- 069 /Attachment A/Page 6 of 6 585 of 643 Hypertext link to Uniform Policy and Procedure Manual (UPAP), Chapter 3, titled "Concurrency," http_/ /www. pbcgov. com /waterutilities /developer/pdf /upap ch 3.pdf 586 of 643 UPAP, page 1 of Chapter 6, titled "Fees," containing Table 6.1.1 "ERC EQUIVALENCIES" and Table 6.1.2 "ERIC EQUIVALENCIES ". 587 of 643 CHAPTER 6 -FEES GENERAL All fees identified herein may also be subject to a Franchise Fee, with said Franchise Fee to be added to the standard fees listed. 6.1 ERC AND ERIC EQUIVALENCIES 6.1.1 ERC EQUIVALENCIES The number of ERCs fora project is determined using the Ilowing factors: Type of Service ERC Equivalency Factor Residential — per meter Residential — per meter Single- Family 5/8" X 3 W 1.00 ill 2.90 1 112" 4.50 2" 9.80 Multi - Family per Dwelling Unit for All Meter Sizes .70 Multi - Family Limited Service 40 Unmetered Wastewater Only By Department Analysis Non - Residential — per meter 1 y" 518 X'' /<" 1.50 1" 5.80 1 -112" 10.00 2" 16.25 3" 43.70 4" 66.80 6" By Department Analysis Unmetered Wastewater Only By Department Analysis 6.1.2 ERIC EQUIVALENCIES The number of ERICs for a project is determined using the followin g factors. Type of Service ERIC Equivalency Factor Projected Average Usage in Gallons per Da Residential — per meter 5/8" X'' /," 1.0 1,050 Non - Residential and/or Master Metered Projects — per meter 5/8" X 3/11 1.1 1,155 1" 5.7 5,985 1 y" 14.3 15,015 2" 30.7 32,235 3" 67.1 70,455 4" 183.6 192,780 6" 392.1 411,705 8" 697.1 731,955 10" 1085.7 1,139, 985 UPAP, Chapter 6 October 2011 Page 1 588 of 643 CDNI Smith cdmsmith.com 589 of 643 13. B LEGAL June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -017 - SECOND READING - PUBLIC HEARING - Approve an Ordinance removing unnecessary language on voting by board members EXPLANATION OF REQUEST: The proposed Ordinance is a follow up to the former City Commission's decision to bring the City under the provisions of the Palm Beach County Code of Ethics. The Palm Beach County Code of Ethics provides rules for voting conflicts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Eliminate redundancy and conflicting language. FISCAL IMPACT: None ALTERNATIVES: None 590 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING PART II, CHAPTER 2, ARTICLE XVI, "VOTING BY BOARD MEMBERS" OF THE CITY'S CODE OF ORDINANCES; AND REPEALING PART III, CHAPTER 1, ARTICLE VII, ADMINISTRATIVE AND DECISION MAKING BODIES, SECTION 1, "GENERAL" IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on November 7, 2012, the City Commission adopted Ordinance 12 -017 rescinding City Ordinance 11 -029 which required registration of lobbyists and electing to regulate lobbying activity under the Palm Beach County Lobbyist Registration Ordinance; and WHEREAS, Article XVI, Voting By Board Members was created by the City Commission to require stricter voting requirements; and WHEREAS, that section is no longer required since the City Commission is regulated by the Palm Beach County Code of Ethics: and WHEREAS, the City Commission finds the repeal of Part II, Chapter 2, Article XVI, and Part 111, Chapter 1, Article VII, Sec. 1 necessary to comply with the new Palm Beach County Code of Ethics. NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof. Section 2. The City Commission of the City of Boynton Beach hereby repeals City Code of Ordinances, Part 11, Chapter 2, Article XVI, Voting by Board Members. his anti e lraMa ° ,� R�- h c it B ,, I' �T i n Ite-ri -menu Ai� O�4 I 1 2 r O ) 591 of 643 the—mt e —M- = H - -- the e- 1- � ��?t+�� t��4ti-4z1-�ti -�-� S144 R- ,l-4 1" �.` -�.: : f- f - s�� , Ni 0 0 �4 11 2 r O ) i He��ie H 1 , r +, th :,_ , , r_ B 6ei4 mel rrbtw s H w r +k sll . . . . . . . ' - r - f Wrkwt 4 44 o Am e , , 4,,, 592 of 643 L 1 r c rr. +"i,, Fri ent. F� - (rl ) th +�._.,ttd, r C 112 + ° „e o�ez,�,��s -�,-, - +,f +� kl+& 441 -W+�e fq--, at-+ � -4#-R kl -it-m— -m etRl fw ,rt �, 1 keee ta e el �'i e 4eet��i i rte X 11 k1e 1r�t R-1 etR� eF4 '8 - + R41-N�6i h*W-th e r l t ar�� * r ' * lie r l t Sri t1 e a rEl �4 t1 e 593 of 643 th n ° the r� €1i�tsh Ma €ile�i it1 them r r ill feeor 4ng4he iR t°,. °r ' other en+k I tt . r rd a}��i sl lhl, lit }l li l at th + s eetirr 44 the - r1e- nR&nn � s tl l 03, ez } nd t ; , v t h e €limi I ,,, t hin e t �e �in here the the e r� €limit g rifrirtieil # in �irthe ate= ph�re t r rd }i }end : r t hen deten�i �hetl}er- the- c= Frr}�liet- is- �rtt` €iei s� °� }gh- te- hirFe- i�lt+enee�i- the- �r�lie�ing�l- ?oz�rd e<- r}�fh�ting�rxen�l�e- � �ted- n " n lee ted --pti t 1 ol ��, I' , lel to t1�1sz }Fide �1 lie �+1 { eat �o e sue, r e vote + � - I } }�}n' .. i� --- 2-229 . rcn Section 3. The Citv of Boynton Beach hereby repeals Part 1II, Chapter 1, Article VII, Administrative and Decision Making Bodies, Section 1, General in its entirety: Sec. � . fee €•a A. ! f�T fi ATen�l er l ana these lee *! ° � a1 gr}�te�d lard estal li hed r t e,T�t igeetrndrre4 - s-e e its a}l r}rn t� tie s° ° a , t ti� -itiea r tn�}g- a}�rl�l- ice#- ifr}rol =ana �t�r�,� l�i�ri�in- e<- �r�li��ith- thee} e- �dis�har+ge- o1`lri -sLhe� duties tr f, +ems . ^ 4w4- .B e&k-4, ap i le �Il f �thtl�e e� rf�o app nt Stec ?e t Section 6. The appropriate members of the City staff are hereby authorized to take any and all steps necessary to effectuate the intent of this Ordinance. 594 of 643 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 8 . If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 9. This Ordinance shall become effective on immediately upon passage. 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. Mercer Commissioner — Michael M. Fitzpatrick ATTEST: Commissioner — Joe Casello Janet M. Prainito, MMC City Clerk (Corporate Seal) 595 of 643 13. C LEGAL June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -018 - SECOND READING - PUBLIC HEARING - Approve an Ordinance regarding rules of construction EXPLANATION OF REQUEST: The former City Commission deadlocked on interpretation and application of the meaning of the word "shall. As a result, the City Charter provision that provides for filing vacancies on the Commission could not be implemented. The proposed ordinance, if adopted, clarifies that "shall" is in all cases to be construed as mandatory even if the interpretation results in an impracticable result. (Example: a special municipal election being required a month prior to a regular municipal election.) The proposed Ordinance provides other clarification of rules for construing terms used in the Code and Charter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None. ALTERNATIVES: Modify proposed definitions or take no action. 596 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING SECTION 1 -2 OF THE CODE OF ORDINANCES REGARDING RULES OF CONSTRUCTION; PROVIDING THAT THE RULES OF CONSTRUCTION APPLY TO THE CITY CODE, CHARTER, ORDINANCES AND RESOLUTIONS; PROVIDING FOR DELETION OF THE TERM(S) °OFFICER /AGENCY" PROVIDING SEPARATE DEFINITIONS FOR THE WORDS "OR" AND "AND "; PROVIDING FOR A UNIFORM RULE FOR THE DEFINITION OF "COMPUTATION OF TIME "; PROVIDING FOR ADDITION OF A DEFINITION OF THE WORD "SHALL "; PROVIDING FOR OTHER MINOR CORRECTION IN TERMS AND PHRASES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds it in the interest of the public to modify the rules of construction used to interpret, bring clarity to, and apple provision of the City Charter, City Code, ordinances and Resolution. 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. Part II, Chapter 1, "General Provisions ", Section 1 -2, of the City's Code of Ordinances is hereby amended to read as follows: Section 1 -2. Rules of construction In the construction of the City Code, Charter, '1 -4r ordinances and resolutions the following rules shall be observed, unless the context clearly indicates otherwise: An d. The word "and' means in addition to. Example_ An applicant must submit a driver's , - Formatted: Font: Not Italic • - - - -- - - -- --------- - - - - -- - - - - - - - - - - - - - - -� - - license and birth certification as means of identification. Interpretation: an applicant must submit Formatted: Font: Not Italic both of the two documents_ Compare "of' below. _ - - Formatted: Font: Not Italic Formatted: Font: Not Italic City. The words "the city" or "this city" shall be construed as if the words "of Boynton Beach" followed it and shall extend to and include its several officers, agents and employees. 597 of 643 City council "commission. Whenever the words "city council' are used, they shall be construed to mean the city eem+w4� ^ *commission of the City of Boynton Beach, and all references within the Charter and Code of Ordinances of the City of Boynton Beach to the term "city council' are henceforth defined as synonymous to the term "city commission and further, that any reference to the term "councilman' shall be synonymous to the term "commissioner" as provided for in Ordinance No. 87 -4. Code 1958. Any reference herein to "Code 1958" shall be construed to mean the "Code of Ordinances, City of Boynton Beach, Florida ", adopted October 20, 1958, by Ordinance Number 315, as from time to time amended and supplemented through and including Ordinance Number 77 - 37, adopted January 3, 1978. Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the nest day which is neither a Saturday, Sunday or legal holiday. r +i, , „ ; Couniv. The words "the county" or "this county" shall mean the county of Palm Beach. Gender. A Nvord importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as Nvell as to males. weber. A Nvord importing the singular number only may extend and be applied to several persons and things as Nvell as to one person and thing. Oath. The Nvord "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words - swear" or "sworn" shall be equivalent to the words "affirm" and "affirmed." „t4,,. ,. of ,.+ �, ,,.4, ,.++4,.o�- ,. Or Xhe Nvord "or means in the - alternative. Example:An must submit a driver's Formatted: Font: Not Italic license or birth certification as means of identification. Interpretation: an applicant need only Formatted: Font: NotItaiic submit one of the two documents. Chrvner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Person. The Nvord "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, co- partnerships, and bodies politic and corporate as well as to individuals+ 598 of 643 Personal property includes every species of property except real property. Shull. The word "shall" is mandatorv. When used is connection with action required by the _ - Formatted: Font: italic Citv Conmussion it denotes requued and therefore ministerial action not subject to discretionary application. State. The words "the state" or "this state" shall be construed to mean the State of Florida. Tease. Words used in the present or past tense include the future as well as the present or past. Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. If any clause, section, or other part or application this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 5. All Ordinances or parts of Ordinances in conflict herewith be and the same are repealed to the extent of such conflict. Section 6. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, or re lettered and the Nvord "Ordinance" may be changed to "Section ", "Article" or such other Nvord or phrase in order to accomplish such intention. Section 7. This Ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS _ DAY OF , 2013. PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 599 of 643 BEACH, FLORIDA, ON THE SECOND AND FINAL READING, 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 ATTEST: Commissioner- Joe Casello Janet M. Prainito, MMC City Clerk (Corporate Seal) S (.A Ordinances Ordinance - Rules of Construction of the Code doe 600 of 643 13. D LEGAL June 18, 2013 fi. CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -019 - SECOND READING - PUBLIC HEARING - Approve Ordinance establishing the City's local hearing process for Red Light Camera citations EXPLANATION OF REQUEST: Florida House Bill 7125 ( "1113 7125' or "the Bill ") which has been approved by the Legislature and is awaiting the Governor's signature makes several modifications to the red light camera statutes and, if approved (signed) bv the Governor, will become effective July- 1, 2013. The new legislation will require the City to conduct hearings at the Notice of Violation (NOV) stage. Currently, all hearings are conducted in County Court, the City does not conduct any hearings for red light violations. The City will be responsible for setting and noticing the hearings if requested by a violator. The State is required to create form notices of hearings, and it is our expectation that the State is also remising the form NOVs and will provide form orders. The City will need to assign someone to act as a clerk for the NOV hearings to coordinate the mailing of all notices, recording of the events that occur during the NOV hearings, and notifications to DHSW for registration holds. This could be the same clerk that handles code enforcement hearings. The expectation is that the local hearings will significantly decrease court hearings, but will result in a significant volume of City- conducted hearings. In 2012, there were hundreds of LTTCs wherein violators requested a hearing and hundreds of court hearings arising from such requests. Upon receipt of a request for hearing on a notice of violation, the City's NOV hearing clerk will be responsible for sending the hearing notice to the violator. The City may arrange with its 601 of 643 vendor to use its process for sending hearing notices, but such is likely to come at additional cost. The other option is for the City to do the mailing, which would be at the City's cost. The respondent may reschedule the hearing once by submitting a request to reschedule to the clerk to the local hearing officer at least five (5) calendar days before the originally scheduled hearing date. When a hearing is requested, the officer has fourteen (14) days to provide the violation data to the City's cleric. This turnaround time will require close coordination between the vendor, the City's Police Department, and the red light camera clerk. The City's hearing officer will take testimony from the officer and respondent, and may take testimony from others. Formal rules of evidence do not apple, but due process shall be observed, so the hearings Nvill be very similar to those conducted for code enforcement. At the conclusion of the hearing, the City's hearing officer will uphold or dismiss the violation. If the City's hearing officer upholds the violation, the violator must pay the $158 penalty plus administrative costs as authorized by the City Commission. Anyone who cancels his /her hearing after requesting one, and elects to pay the $158 penalty, must also pay $50 in administrative costs. The City's vendor will continue to collect and account for NOV payments. If an NOV is challenged by a respondent and upheld, then the respondent may make payment directly to the City, or the City's vendor will accept payments. As is done currently, the Palm Beach County Clerk will collect and account for UTC payments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the Citv Nvishes to have continuity with its red light camera program, it must take certain actions prior to July 1. If the ordinances and procedures specified by the new legislation are not in place by Jule 1, 2013, the City's Red Light Camera program will be on "hold" until the statutory requirements have been met and new revenue from the program will cease. The requirements are as follows: 1) Determine which personnel Nvill be needed to implement and run the City's local hearing program. 2) Adopt an ordinance to incorporate the new legislation. 3) Amend the City's vendor agreement with ATS to incorporate the services needed to comply Nvith the new legislation. 4) Coordinate with the Department of Highway Safety and Motor Vehicles and the Palm Beach County Cleric's Office to develop a system for reporting NOV hearing information. 5) Adopt an Ordinance specifically authorizing the City's Code Enforcement Board, or an appointed Code Enforcement Special Magistrate, to conduct the hearings, and setting forth the costs to be imposed for such hearings. A draft ordinance is attached hereto for your review. FISCAL IMPACT: If the Bill is signed by the Governor it goes into effect Jule 1, 2013 and the City will incur additional costs for the Special Magistrate to conduct the hearings and administrative costs associated with notifying violators, Department of Highway Safety & Motor Vehicles, and Pahn Beach County Cleric's office. The City Nvill be able to establish an administrative fee of up to $250 per violation to cover these costs. It is difficult to assess the estimated costs of this additional responsibility until we have additional information on the costs of the hearing officer and number of violations that goes to the hearing officer. 602 of 643 What Nve can determine is that if the Ordinance is not passed by Jule 1, 2013, the whole program is put on "hold" which translates to the City not receiving approximately $90,000 after the requirement amount to be paid to the State of Florida per statute. These funds are used to pay for 2 personnel to review the violations, camera lease payments, and a budgeted transfer to the general fund. ALTERNATIVES: Not adopt the Ordinance and discontinue the City's Red Light Camera Program. 603 of 643 ORDINANCE 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14.5 OF THE CODE OF ORDINANCES, ENTITLED "RED LIGHT INFRACTION ENFORCEMENT PURSUANT TO STATE LAW" TO AMEND SECTION 15.5 -3 ENTITLED "DEFINITIONS" TO ADD A DEFINITION FOR "SPECIAL MAGISTRATE "; AMENDING SECTION 15.5 -4, ENTITLED "TRAFFIC INFRACTION ENFORCEMENT OFFICER" TO UPDATE LANGUAGE TO CONFORM TO STATE LAW; ADDING A NEW SECTION 14.5 -5 TO BE ENTITLED "APPOINTMENT OF SPECIAL MAGISTRATE" TO PROVIDE FOR SPECIAL MAGISTRATE APPOINTMENT AND QUALIFICATIONS; AND TO CREATE A NEW SECTION 14.5 -6, TO BE ENTITLED "NOTICE OF VIOLATION HEARINGS" TO AUTHORIZE THE CITY'S SPECIAL MAGISTRATE TO CONDUCT HEARINGS ON RED LIGHT CAMERA NOTICES OF VIOLATION PURSUANT TO STATE LAW; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Bovnton Beach ( "City ") has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City's Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008 -034, which authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red light violations within the City: and, WHEREAS, In 2010, the Florida Legislature adopted the "Mark Wandall Traffic Safety Program," § 316.0083, Florida Statutes (the "State Act'), which, among other things, expressly preempted to the State the subject matter of using unmanned cameras /monitoring devices, referred to as traffic infraction detectors, in the State Act and defined therein, to enforce violations of red light indications on traffic control devices as of Jule 1, 2010; and, WHEREAS, on July 20, 2010, the City Commission adopted Ordinance 2010 -015, to conform the City's Code of Ordinances to the State Law; and, 604 of 643 WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed legislation, CS /CS/HB 7125 (hereinafter HB 7125) which upon approval by the Governor, takes effect July 1, 2013, and provides for municipalities to conduct hearings for persons that receive Notices of Violation (NOV) and request a hearing to contest such NOV and, WHEREAS, the City Commission of the City of Boynton Beach finds it is in the best interest of the City to adopt an ordinance to authorize the local hearings on NOVs as required by HB 7125. BE IT ORDAINED 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 Ordinance upon adoption hereof. Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach shall be amended as follows: Chanter 14.5: Red Light Infraction Enforcement Pursuant to State Law §14.5-3 Definitions. (a) l'otice ofviolation. Initial notification from the city to the registered owner of a motor vehicle involved in a violation, notifi-ing the registered owner of the violation, and containing information required by the State Act. (b) Recorded images. Images recorded by a traffic infraction detector, which includes but is not limited to photographic or electronic images or streaming video. Special 11ci istrate shall mean the City's Special Magistrates appointed by the Cite Commission to conduct hearings pursuant to the State Act. (s� Traffic citation. Notification to the registered owner of a motor vehicle involved in a violation who failed to timely pay the fine pursuant to a notice of violation, and containing all information required by the State Act. 4 Tresffzc infraction enforcement officer. The city Police Department employee designated pursuant to Section 14.5 -4 herein, who meets the requirements of the 605 of 643 State Act and who shall review the recorded images and issue notices of violation and traffic citations pursuant to the requirements of this chapter and the State Act. (e4 �h T iolation. Violation ofF.S. Sections 316.074(1) or 316.075(1)(c)l. Sec. 14.5 -4. Traffic infraction enforcement officer. In addition to sworn police officers and community service officers the city's Police Chief sh& may designate traffic infraction enforcement officers, who shall meet the qualifications set forth in the State Act. (a) A * ffie enfim reviewing officer shall review the recorded images that comply with the requirements of the State Act, prior to the issuance of a notice of violation pursuant to the State Act. Once the 4HAH ,- reviewing officer has verified the accuracy of the recorded images he or she shall tKA note the violation and a notice of violation shall be sent to the registered owner of the involved vehicle pursuant to the State Act no later than-,9 60 days after the vTiolation+ The notice of violation shall be sent by first -class mail or as specified in the State Act (b) The State Act provides that in the event of non - payment of the notice of violation, the city shall issue a uniform traffic citation to the vehicle owner+ In the event of non - payment of the notice of violation within 39 60 days of notification, the recorded images vvTill be reviewed again by a 444-e- reviewing officer, who Nvill take all necessary action required by the State Act to send a traffic citation to the registered owner of the involved vehicle pursuant to the State Act „ e Wow th —an (n a ^ °° H the, velatiea The traffic citation shall be sent by certified mail or as specified in the State Act 14.5 -5 Appointment of Special Magistrate. (a) The City Commission shall appoint at least one (1) Special Magistrate to consider appeals under this Chapter. (b) The qualifications and appointment of the special magistrate shall be as follows: (1) The special magistrate shall be appointed by the City Commission and shall serve with compensation as established by the City Commission by resolution. (2) The special magistrate must be both an attorney and a member of the Florida Bar for a minimum of five years. (3) The special magistrate Nvill be bound by the code of ethics of the Florida Bar as currently proscribed or as amended from time to time. 606 of 643 (c) Rules and regulations, consistent with the provisions of Florida law, necessary to carry out the provisions of this chapter may be adopted by resolution of the City Commission. § 14.5 -6 Notice of Violation Hearings Upon the effective date of state law authorizing Notice of Violation Hearings to be conducted by the City, the Cite authorizes its Special Magistrates, as may be appointed from time to time by the City Commission, to serve as the City's Local Hearing Officer, as defined by §316.003(91), Florida Statutes, as amended from time to time. The Local Hearing Officer shall conduct hearings in accordance with the requirements of §316.0083, Florida Statutes, as amended from time to time. Administrative Costs shall be assessed in those cases in which the violation is upheld, in an amount to be established by Resolution of the Cite Commission. Section 3 . The City Administration, including without limitation the City Manager, the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are authorized to take all steps necessary to implement the Notice of Violation hearings required by state lacy. Section 4 . Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5 . Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances: and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. [REMAM)ER OF PAGE INTENTIONALLY BLANK] 607 of 643 Section 6 . Effective Date. This Ordinance shall become effective on July 1, 2013 or the date of second reading set forth below, whichever is later, provided that should HB 7125 be vetoed by the Governor, this ordinance shall not take effect. 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) 608 of 643 13. E LEGAL June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -021 - FIRST READING - Approve Section, 10 -32: Disaster - Generated Debris Removal Management Plan; Authority, Priorities and Limitations. EXPLANATION OF REQUEST: The Federal Emergency Management Agency (FEMA) uses a criteria policy to evaluate the eligibility of debris removal work from private property under the Public Assistance Program. Sections 403(a)(3)(A) and 407 of the Stafford Act, 42 U.S.C. 5170b and 5173, respectively, provide FEMA authority to fund debris removal from private property provided that the State or local government arranges an unconditional authorization for removal of the debris, and agrees to indemnify the Federal government against any claim arising from the removal. The regulations implementing Sections 403 and 407 of the Stafford Act at 44 CFR 206.224 establish the requirement that debris removal be in the "public interest" in order to be eligible for reimbursement. "Public interest" is defined as being necessary to: 1. eliminate immediate threats to life, public health, and safety; or 2. eliminate immediate threats of significant damage to improved public or private property; or 3. ensure economic recovery of the affected community to the benefit of the community -at -large Generally, debris removal from private property following a disaster is the responsibility of the property owner. However, large -scale disasters may deposit enormous quantities of debris on private property over a large area resulting in widespread immediate 609 of 643 threats to the public -at- large. In these cases, the State or local government may need to enter private property to remove debris to: eliminate immediate threats to life, public health, and safety; eliminate immediate threats of significant damage to improved property; or ensure economic recovery of the affected community to the benefit of the community -at- large. In these situations, debris removal from private property may be considered to be in the public interest and thus may be eligible for reimbursement under the Public Assistance Program (44 CFR 206.224). In order to be eligible for FEMA reimbursement for debris removal from private property the applicant (City) requesting assistance must demonstrate the legal basis as established by law, ordinance, or code upon which it exercised or intends to exercise its responsibility following a major disaster to remove disaster - related debris from private property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Ordinance is necessary to be in place for reimbursement purposes by establishing a legal basis for debris removal from private property prior to and post disaster, using the criteria that FEMA uses to evaluate the eligibility of debris removal work from private property. FISCAL IMPACT: If the Ordinance is not in place this would affect reimbursement for collecting debris from private property which could result in possibly millions of dollars the City would be responsible to pay. ALTERNATIVES: Not to pass the attached Ordinance and risk not receiving reimbursement from FEMA. 610 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 10, ENTITLED "GARBAGE TRASH AND OFFENSIVE CONDITIONS ", ARTICLE II, "REFUSE, GARBAGE AND TRASH ", BY CREATING A NEW SECTION 10 -32, "DISASTER- GENERATED DEBRIS REMOVAL MANAGEMENT PLAN; AUTHORITY, PRIORITIES AND LIMITATIONS "; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, debris removal from private property following a disaster is the responsibility of the property owner, however, large -scale disasters may deposit enormous quantities of debris on private property over a large area resulting in widespread immediate threats to the public -at- large; and WHEREAS, in these cases, the State or local government may need to enter private property to remove debris to: eliminate immediate threats to life, public health, and safety, eliminate immediate threats of significant damage to improved property-, or ensure economic recovery of the affected community to the benefit of the community -at- large; and WHEREAS, the amendment simplifies the process for calculating capital facilities charges and reflects charges based on number of bedrooms for residential and meter size or meter equivalent (NM) for commercial or non - residential; and WHEREAS, in order to be eligible for FEMA reimbursement for debris removal from private property the City must demonstrate the legal basis as established by law, ordinance, or code upon which it exercised or intends to exercise its responsibility following a major disaster to remove disaster - related debris from private property-, 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 Chapter 10, Article II, to create a new Section 10 -32 entitled, "Disaster- generated debris removal management plan; authority, priorities and limitations. 611 of 643 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 10, entitled "Garbage Trash and Offensive Conditions", Article 11, "Refuse, Garbage and Trash", is hereby amended to create a new section as follows: Svv, 010-32 V, 612 of 643 ti Formatted: Justified .................................................................................................. .. ............ .. ... ... . .. ................................................ ............... ..... ....................... --------- ------ ----- ... .. .. ..... ........... Formatted: Justified, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 3 + s Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" ....................... ss s s ............... . . . . . . . . . . in, Formatted: Justified ............................................ .......... --- ------------------------------ ---------- ----------------------------- I s- s s .............. ........ . ...................................... ...... . ... ....... ..... .... ............ ............. s s ............ 613 of 643 Formatted: Justified a e =. � €l t e •• : — tee r' tei. � ���te i Section 3. Each and every other provision of Chapter 10, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any 614 of 643 Formatted: Justified, Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + �, ,, ` Alignment: Left + Aligned at: 1.63" + Tab after: 2.13" + Indent at: 2.13" .... E r a . ,,.��„ i , <e e e ' e r ",.... .. ,' „e ,' Formatted: Justified, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + e , Alignment: Left + Aligned at: 1" + Tab after: 1.5" + Indent at: 1.5" a:: ; Formatted: Justified, Indent: Left: 0.25 ", Numbered + Level: 1 + Numbering Style: 1, 2, ;,, eee ��eee eee i.,,s. �e �e .'` ........................... , " j ` "' 3, ... + Start at: 7 + Alignment: Left + Aligne d at: 0.63" + Tab after: 0.88" + Indent at: kJ 0.88" Formatted: Indent: Left: 0.25 ", Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, . + Start at: 7 + Alignment: Left + Aligned at: 0.63" + Tab after: 0.88"+ Indent at: 0.88 ", Widow /Orphan control, Tab stops: .5 ", List tab . Formatted: z Top of Form, Left, No bullets or numbering, Tab stops: Not at 0.5" s . , ' Formatted: Indent• Left: 0.25", Line spacing: single, Numbered + Level: 1 + Numbering .. Style: 1, 2, 3, .. + Start at: 7 + Alignment: Left +Aligned at: 0.63" +Tab after: 0.88" + Indent at: 0.88 ", Widow /Orphan control, Tab ee s„• e- e e, • ' .�, stops: 0.5 ", List tab Formatted: Not Strikethrough Section 3. Each and every other provision of Chapter 10, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any 614 of 643 paragraph, sentence or Nyord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective inunediately upon its passage and adoption. FIRST READING this day of 2013. SECOND, FINAL READING AND PASSAGE this day of 2013. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — David T. Merker Commissioner — Michael M. Fitzpatrick Commissioner — Joe Casello 615 of 643 13. F LEGAL June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -022 - FIRST READING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee Schedule to provide for a five percent (5 %) increase in Business Tax fees EXPLANATION OF REQUEST: The City's Business Tax Receipts fees were last modified on June 20, 2006, by Ordinance 06 -049. Pursuant to Florida State Statute, 205.0535, the governing body of a municipality may increase by ordinance the rates of local business tax receipts by up to five percent (5 %) every other year. Past increases were proposed by staff in 2008, and 2009, and by the Financial Advisory Committee in 2010, 2011, and 2012, but were denied by the Commission due to the state of the economy. As economic recovery continues to appear strong, staff is again recommending Business Tax Receipt fees be increased as allowed by State Statute. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? An increase In revenues contributes toward general fund balance, and a portion of the fees could be returned to the business community through economic development incentives to spur retention, growth and new business. Should this request be approved, the typical annual increase in an individual business tax fee would range between $4 to $15. A few examples of this increase per selected business type are as follows: veterinarian, $9.82; landscaper, $4.39; AC or roofing contractor, $12.23; manufacturing, $14.70 (for an operation having between 6 and 10 employees); restaurant, 17 cents /seat and $3.58 616 of 643 minimum; bar, $24.47; retail store, 15t $5,000 in value - $4.88 (for every $1,000 increment — 26 cents); apartment building, 18 cents /room; nail salons and barber shops, $3.68 / 15t table /chair and $1.00 / each additional table /chair; and physician, dentist, engineer, architect, accountant, etc., $9.82. FISCAL IMPACT: FY 13/14 projected Business Tax Receipts revenues are estimated at $1,300,000. A five percent (5 %) increase in Business Tax Receipts would result in an estimated $65,000 in additional revenue to the General Fund. ALTERNATIVES: Do not increase Business Tax Receipts 617 of 643 ORDINANCE NO. 13- - - Formatted: Font: sold AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, SECTION 13 -4, "CLASSIFICATION AND FEE SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5 %) INCREASE IN BUSINESS TAX FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Business Tax Receipt fees were last modified on June 20, 2006 via Ordinance 06 -049: and WHEREAS, the City Commission for the City of Boynton Beach desires to increase the business tax receipt fees for all business operating within the City of Boynton Beach; and WHEREAS, pursuant to Section 205.0535(4), Florida Statutes, the City Commission is authorized to increase the business tax receipt fees up to 5% every other year; and WHEREAS, the City Commission finds it is in the best interest of the health, safety, and welfare of the public to increase the business tax receipt fees for businesses in the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. That Chapter 13, "Licenses," Article I, 'Business Tax Receipt," Section 13 -4, entitled "Classification and fee schedule" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended in its entirety to read as follows: Sec. 13 -4 Classification and fee schedule. See Exhibit "A" attached hereto Section 3. Each and emery other provision of Chapter 13, of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. 618 of 643 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that no portion of the City of Boynton Beach Noise Control Ordinance shall be repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or Nyord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective inunediately upon passage. 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) 619 of 643 J Sec. 13 -4 Classification and fee schedule. The City Commission establishes classifications for businesses or groups of business and Business Tax Receipt taxes therefor as set forth below. (Ord. No. 94 -15, Appendix A, 6- 21 -94; Ord. No. 95 -22, § 2, 7 -5 -95; Ord. No. 06 -096, § 2, 1 -2- 07; Ord. No. 12 -012, § 2, 7 -3 -12) Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses, Professions, Occupations (* - See note, end of schedule; NEC - See note, end of schedule) The businesses, professions and occupations subject to the provisions of Chapter 13, the Business Tax Receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other requirements pertaining thereto are as follows: SIC Description Fee 0742 Veterinarian* 206.17 0752 Animal Specialty Service 92.61 0781 Landscape Architect* 206.17 0782 Lawn & Garden Service 154.35 0783 Tree Trinuning 154.35 1520 Contractor - Residential 256.88 1530 Contractor - Building 256.88 1540 Contractor - General 256.88 1611 Contractor - Paying 256.88 1620 Contractor - Heavy Construction 256.88 1623 Contractor - TV Antenna & Toyer 256.88 1624 Contractor - Underground Utilities (Ref 1623) 256.88 1625 Contractor - Concrete (Ref 1771) 256.88 1626 Contractor - Marine (Ref 1629) 256.88 1629 Contractor - Tennis Court 256.88 1700 Miscellaneous Specialty 92.61 1701 Asphalt Sealing & Coating (Ref 1799) 92.61 1702 Landscaping (Ref 0782) 92.61 1703 Lathing (Ref 1742) 92.61 620 of 643 1704 Residential Gutter & Downspout Installation (Ref. 176 1) 92.61 1705 Striping (Ref. 172 1) 92.61 1706 Vinyl Clad Metal Shelving (Ref. 1799) 92.61 1707 Mirror /Shower Door Installation (Ref. 1799) 92.61 1710 Contractor - Irrigation Sprinkler (Ref. 1711) 256.88 1711 Contractor - Plumbing 256.88 1712 Contractor - Air Conditioning (Ref. 1711) 256.88 1713 Contractor - Mechanical (Ref. 1711) 256.88 1714 Contractor - Fire Sprinkler (Ref. 1711) 256.88 1715 Contractor - Refrigeration (Ref. 1711) 256.88 1716 Contractor - Room Air Conditioning (Ref. 1711) 256.88 1717 Contractor - Septic Tank (Ref. 1711). 256.88 1718 Contractor - Solar Water Heating (Ref. 1711) 256.88 1721 Contractor - Painting 256.88 1731 Contractor - Electrical 256.88 1732 Contractor - Communication & Sound (Ref. 173 1) 256.88 1733 Contractor - Burglar & Fire Alarm (Ref. 173 1) 256.88 1734 Contractor - Sign - Electrical (Ref. 173 1) 256.88 1741 Contractor - Masonry 256.88 1742 Contractor - Plastering 256.88 1743 Contractor - Tile, Terrazzo, & Marble 256.88 1744 Contractor - Drywall (Ref. 1742) 256.88 1745 Contractor - Insulation (Ref. 1742) 256.88 1746 Contractor - Acoustical Tile (Ref. 1742) 256.88 1750 Contractor - Window (Ref. 175 1) 256.88 1751 Carpentry & Cabinet Installation 92.61 1752 Contractor - Flooring, NEC 92.61 1753 Contractor - Door (Ref. 175 1) 256.88 1754 Contractor - Garage Door (Ref. 175 1) 256.88 1761 Contractor - Roofing 256.88 1762 Contractor - Roof Deck (Ref. 176 1) 256.88 1763 Contractor - Sheet Metal (Ref. 176 1) 256.88 1772 Contractor - Gunite (Ref. 177 1) 256.88 1781 Contractor - Well Driller 256.88 621 of 643 1791 Contractor - Reinforcing, Iron & Steel 256.88 1793 Contractor - Glass & Glazing 256.88 1794 Excavation/Grading 92.61 1795 Contractor - Demolition 256.88 1796 Contractor - Elevator 256.88 1797 Contractor - Sign - Nonelectrical (Ref. 1799) 256.88 1799 Contractor - Miscellaneous Special Trade 256.88 1800 Contractor - Aluminum Specialty (Ref. 1799) 256.88 1801 Contractor - Awnings (Ref. 1799) 256.88 1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 256.88 1803 Contractor - Fence Erection (Ref. 1799) 256.88 1804 Contractor - Liquified Petroleum Gas (Ref. 1799) 256.88 1805 Contractor - Ornamental Iron (Ref. 1799) 256.88 1806 Contractor - Pollutant Storage Systems (Ref. 1799) 256.88 1807 Contractor - Pool /Spa (Ref. 1799) 256.88 1808 Contractor - Pool /Spa Service (Ref. 1799) 256.88 1809 Miscellaneous Contractor (Ref. 1799) 256.88 2024 Manufacturer - Frozen Desserts Number of workers fee schedule: Not exceeding 2 persons 113.56 Not exceeding 4 persons 190.73 Not exceeding 6 persons 256.88 More than 6, not exceeding 10 persons 308.70 More than 10, not exceeding 20 persons 385.88 More than 20 persons 578.81 2099 Manufacturer - Food Preparation See 2024 2299 Manufacturer - Textile Goods See 2024 2389 Manufacturer - Apparel and Accessories See 2024 2392 Manufacturer - Slipcovers 92.61 2396 Manufacturer - Fabricated Trimmings See 2024 2399 Manufacturer - Fabricated Textile Products See 2024 2431 Manufacturer - Millwork See 2024 2434 Manufacturer - Cabinetry See 2024 2439 Manufacturer - Structural Members See 2024 622 of 643 2511 Manufacturer - Wood Furniture See 2024 2512 Manufactured - Wood Furniture, Upholstered See 2024 2515 Manufacturer - Mattresses See 2024 2591 Manufacturer - Window Coverings See 2024 2671 Manufacturer - Plastic Packaging See 2024 2711 Manufacturer - Newspaper Publishing/Printing See 2024 2759 Manufacturer - Commercial Printing See 2024 2834 Manufacturer - Pharmaceutical Preparations See 2024 2842 Manufacturer - Cleaning Preparations See 2024 2844 Manufacturer - Cosmetic Preparations See 2024 2899 Manufacturer - Chemical Preparations See 2024 3083 Manufacturer - Plastic Sheets/Rods See 2024 3089 Manufacturer - Plastic Products, NEC See 2024 3231 Manufacturer - Glass Products See 2024 3271 Manufacturer - Concrete Block/Brick See 2024 3272 Manufacturer - Concrete Products See 2024 3281 Manufacturer - Stone Products See 2024 3354 Manufacturer - Aluminum Extruded Products See 2024 3442 Manufacturer - Metal Products See 2024 3446 Manufacturer - Ornamental Metal Products See 2024 3479 Manufacturer - Coating Application See 2024 3499 Manufacturer - Fabricated Metal Accessories See 2024 3542 Manufacturer - Machinery/Equipment See 2024 3559 Manufacturer - Special Industry Machinery See 2024 3569 Manufacturer - General Industrial Machinery See 2024 3571 Manufacturer - Computers See 2024 3599 Manufacturer - Machine Shop See 2024 3629 Manufacturer - Electrical Industrial Products See 2024 3663 Manufacturer - Communications Equipment See 2024 3679 Manufacturer - Electronic Components See 2024 3728 Manufacturer - Aircraft Parts See 2024 3861 Manufacturer - Photographic Equipment Processing See 2024 3911 Manufacturer - Jewelry See 2024 3942 Manufacturer - Dolls See 2024 623 of 643 3949 Manufacturer - Sporting Goods See 2024 3993 Manufacturer - Advertising Specialties See 2024 3999 Manufacturer - Miscellaneous, NEC See 2024 4013 Railroad Company 206.17 4118 Ambulance Service (Ref. 4119) 102.53 plus 35.28 per vehicle 4119 Transportation Service, NEC 102.53 plus 35.28 per vehicle 4121 Taxi/Limousine Service 102.53 plus 35.28 per vehicle 4131 Bus Service 102.53 plus 35.28 per vehicle 4173 Bus Service/Depot 102.53 4210 Trucking Service 77.18 per vehicle 4222 Cold Storage, per square foot Warehouse, per square footage fee schedule: 5,000 square feet or fraction thereof 231.53 Each additional 5,000 square feet 22.50 4225 Warehouse - Storage, per square foot See 4222 4493 Marina 92.61 4498 Marine Detailing (Ref. 4499) 92.61 4522 Air Transportation, Nonscheduled 92.61 4724 Travel Bureau* 154.35 4725 Tour Operator 92.61 4731 Freight Forwarding Service 154.35 4780 Packing & Crating 154.35 4783 Express Company 308.70 4813 Telephone Communications 308.70 4822 Telegraph & Other Communications 92.61 4841 Television Services 154.35 4899 Conununication Services, NEC 92.61 4924 Natural Gas Distribution 308.70 4925 Liquified Petroleum Gas Distribution 308.70 5099 Merchant - Wholesale, per inventory Wholesale, per inventory fee schedule: Not exceeding $5,000 256.88 More than $5,000, not exceeding $25,000 359.42 More than $25,000, not exceeding $100,000 5 13.77 624 of 643 625 of 643 More than $100,000, not exceeding $500,000 771.75 More than $500,000 925.00 5197 Advertising Specialties Sales (Ref. 5199) 92.61 5211 Lumber Company, per inventory See 5399 5261 Nursery: Trees/Plants, per inventory See 5399 5399 Merchant - Retail, per inventory Retail, per inventory fee schedule: Not exceeding $5,000 102.53 More than $5,000, for each additional $1,000 or fraction 5.41 thereof 5411 Grocery, per inventory See 5399 5421 Market - Meat/Fish/Poultry, per inventory See 5399 5461 Bakery 154.35 5511 Automobile Dealer* 206.17 5531 Auto Parts, per inventory See 5399 5541 Gas Station 154.35 5699 Dressmaking Shop 61.74 5719 Blinds, Shades, Draper- 154.35 5810 Ice Cream Parlor 61.74 5811 Caterer 154.35 5812 Restaurant 3.58 per seat, 102.53 minimum 5813 Drinking Places 513.77 5912 Pharmacy, per inventory See 5399 5930 Antique Shop 154.35 Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. 5932 Used Merchandise Stores 154.35 5933 Pawnbroker 689.06 5944 Jewelry Shop, per inventory See 5399 5945 Handicraft Shop, per inventory See 5399 5961 MailOrder /Catalog 92.61 5962 Vending Machine - Coin - Operated (a) Amusement Vending Machines: Each operator 206.73 In addition, for each machine 27.56 625 of 643 (b) Service Vending Machines Each operator 68.91 In addition, for each machine 27.56 (c) Merchandise Vending Machines: Each operator 68.91 In addition, for each machine as follows: Requiring deposit under .35 27.56 Requiring deposit over .35 41.35 (Coin - operated Auto Wash and Laundr v Machines are addressed separately, under SIC 7543 and SIC 7215, respectively.) The following coin - operated machines are exempt from Business Tax Receipt requirements: Cigarette vending machines (F.S. 210.03) Federal postage stamp machines, Parcel checking lockers, and Toilets (F.S. 205.63) Unadulterated Florida- produced citrus juice vending machines (F.S. 205.632) Furthermore, no Business Tax Receipt shall be required for coin - operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular place of business. 5963 Vending - Mobile 5964 Ice Cream Truck (Ref 5963) 5965 Lunch Wagon (Ref 5963) 5992 Florist, per inventory 5995 Optician* 5998 Auction Companv (Ref 5999) 6020 Bank - Conunercial 6030 Bank - Sayings 6098 Check Cashing Agency 6099 Financial Services, NEC 6141 Investment & Trading 6162 Mortgage Company* 92.61 102.53 plus 35.28 per vehicle 102.53 plus 35.28 per vehicle See 5399 206.17 1,515.94 385.88 385.88 308.70 308.70 308.70 308.70 626 of 643 6163 Mortgage Broker* 6211 Broker - Securities* 6282 Investment Advice 6410 Insurance Agent 6411 Insurance Company 6412 Medical Claims Processing Service (Ref 6411) 6513 Apartment Building 6514 Rental property four (4) units or less, including single family residential rentals Business Tax Receipts Procedure: 154.35 308.70 92.61 51.82 92.61 92.61 3.86 per room, 35.28 minimum 3.86 per room 35.28 minimum Licensing Procedure: Every rental unit used for residential living purposes in the city must have a Certificate of Use and unless otherwise exempt, must be issued a Business Tax Receipt. This includes rental property foul units or less, including single family residential rentals, condominiums, and mobile homes. Business Tax Receipts are issued for a period of twelve months, from October 1' to the following September 30 They must be renewed annually. To avoid renewal late fees, rental Business Tax Receipt fees are payable by October 1' After Januar y 30 late renewals require a Code Compliance (interior and exterior) inspection of the property. Whenever a rental property is sold or otherwise changes ownership, the new owner must do the following: (1) Apphv for a new Certificate of use and rental Business Tax Receipt, (2) Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must be corrected and a re- inspection made by the appropriate department. The owner is given adequate time to correct any violations. All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall be required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months after the date of the hearing in which the property was found to be in violation. The owner of a property that has been found to be in violation by a code compliance board of the city shall be required to pay an inspection fee of seventy -five dollars ($75.00) for each of the inspections required. The required inspection fees shall be included as part of the administrative costs assessed by the city and shall be included in any liens filed by the city. NOTE: Fees may change from time to time by Ordinance of the City Commission. The application for Certificate of Use and information forms for rental Business Tax Receipts are available on line at the city's website and at the Development Services Division of City Hall, 100 627 of 643 East Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required on the application. Designation of resident agent: No Certificate of Use and Business Tax Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefor designates in writing to the city the name, address, and local telephone number of the owner or resident agent to receive service of notice of violation of this Code. The owner may designate as his or her resident agent any natural person eighteen (18) years of age or older who is customarily present at a business location within the city for the purposes of transacting business, or who actually resides within the city. An owner may change his or her designation of a resident bv notifying the city in NN°ruing of the name, address, and local telephone number of the person designated by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person who does not expressly comply with the provisions of this section. The owner or the resident agent shall be deemed to be the "violator" as the term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice of the owner, tenant and violator. 6530 Property Management* 6531 Real Estate Broker* 6541 Title Abstract Office 6552 Subdividers & Developers, NEC 7011 Hotels & Motels 7033 Trailer Parks & Campsites 7212 Laundry/Dryclean - Drop Only 7214 Carpet Cleaning, Mobile (Ref 7217) 7215 Laundry Machines, Coin - Operated 7216 Dry Cleaning Establishments 7217 Carpet/Upholstery Cleaning, Commercial 7219 Laundry & Garment Services, NEC 7221 Photography 7230 Beauty school 7231 Beauty Parlor, Etc.* One chair 92.61 92.61 308.70 154.35 3.86 room, 35.28 minimum 102.53 plus 3.58 per lot or site 102.53 92.61 68.91 plus 1.38 per machine 206.17 206.17 61.74 154.35 206.17 77.18 628 of 643 629 of 643 Each additional chair or manicurist 20.95 7232 Nail Salon* (Ref. 723 1) One manicurist table 77.18 Each additional manicurist 20.95 7241 Barber Shops* One chair 77.18 Each additional chair 20.95 7251 Shoe Repair & Shoe Shine Parlor 61.74 7261 Funeral Director* 206.17 7290 Debt Counseling Service (Ref. 7299) 92.61 7291 Income Tax Service 154.35 7292 Valet Parking (Ref. 7299) 92.61 7293 Tanning Salon (Ref. 7299) 92.61 7294 Weight Loss Center (Ref. 7299) 92.61 7295 Familv - Home Child Care (Ref. 7299) 92.61 7296 Dating Service (Ref. 7299) 92.61 7297 Electrolysis* (Ref. 7299) 92.61 7298 Massage Therapist* 102.53 7299 Miscellaneous Personal Services, NEC 92.61 7311 Publication Service, NEC 154.35 7319 Advertising 256.88 7322 Collection Agency* 154.35 7323 Credit Association 154.35 7334 Photocopying/Duplicating Service 92.61 7336 Commercial Art /Graphic Design 92.61 7337 Typing Service 92.61 7338 Secretarial Services 154.35 7342 Exterminator 154.35 7348 Miscellaneous Commercial Services, NEC 92.61 7349 Janitorial Service 154.35 7359 Rental Service 154.35 7361 Employment Agency 92.61 7362 Nursing Registry 92.61 7370 Data Processing Service 92.61 629 of 643 7371 Computer Programming Service 154.35 7376 Computer Services 92.61 7378 Computer Maintenance & Repair 92.61 7379 Computer Related Services 92.61 7380 Private Detective* 92.61 7381 Security Service* 92.61 7384 Photofinishing Laboratories 154.35 7385 Books, Periodicals, News Bureaus (Ref 7389) 92.61 7386 Auto Broker (Ref 7389) 154.35 7387 Messenger Service (Ref 7389) 61.74 7388 Appraiser* (Ref 7389) 206.17 7389 Business Services, NEC 92.61 7390 Handvman (No new licenses only renewals) 154.35 7391 Interior Designer* (Ref 7389) 206.17 7392 Manufacturer's Representative (Ref 7389) 154.35 7393 Telemarketing /Soliciting* (Ref 7389) 154.35 7394 Auctioneer* (Ref 7389) 256.88 7395 Interior Decorator (Ref 7389) 154.35 7396 Agent or Agency (Ref 7389) 92.61 7397 Answering Service (Ref 7389) 92.61 7398 Arts & Crafts - Handmade (Ref 7389) 92.61 7399 Asbestos Consultant (Ref 7389) 92.61 7400 Boat Broker (Ref 7389) 92.61 7401 Draftsman (Ref 7389) 92.61 7402 Executive Office (Ref 7389) 92.61 7403 Furniture Installation (Ref 7389) 92.61 7404 Home Demonstrator (Ref 7389) 92.61 7405 Import-Export (Ref 7389) 92.61 7406 Interpretation & Translation (Ref 7389) 92.61 7407 Mail Depot (Ref 7389) 92.61 7408 Music Recording Studio (Ref 7389) 92.61 7409 Paralegal (Ref 7389) 92.61 7410 Pool Cleaning - NO chemicals (Ref 7389) 92.61 7411 Pressure Cleaning (Ref 7389) 92.61 630 of 643 7412 Sign Painting & Lettering (Ref. 7389) 92.61 7413 Water Softening Service (Ref. 7389) 92.61 7414 Yacht Broker* (Ref. 7389) 92.61 7415 Merchandise Broker (Ref. 7389) 92.61 7416 Financial Consultant (Ref. 7389) 92.61 7417 Showroom (Ref. 7389) 92.61 7418 Courier Service (Ref. 7389) 92.61 7419 Aquarium Service (Ref 7389) 92.61 7420 Religious /Charitable Organization (Ref. 7389) 92.61 7421 Pet Sitting (Ref. 7389) 92.61 7422 Housesitting (Ref. 7389) 92.61 7423 Embroidery Service (Ref. 7389) 92.61 7424 Diver - Commercial (Ref. 7389) 92.61 7425 Inspection Service - No Appraisal (Ref. 7389) 92.61 7426 Consultant (Ref. 7389) 92.61 7427 Mediation Counselor 92.61 7513 Truck Rental & Leasing 256.88 7514 Passenger Car Rental 256.88 7530 Auto Pinstriping (Ref. 7532) 92.61 7532 Auto Body Shop, per number of Nvorkers* See 2024 7536 Auto Glass Installation* 92.61 7538 Auto Mechanical Repair *, per number of workers See 2024 7542 Car Wash 92.61 7543 Car Wash - coin - operated 102.53 plus 20.95 per machine 7544 Auto Detailing 61.74 7549 Automotive Services, NEC* 92.61 7550 Wrecker /ToNving Service (Ref. 7549) 77.18 per vehicle 7551 Window Tinting (Ref. 7549) 92.61 7629 Appliance Repair 92.61 7631 Jewelry Repair 29.77 7641 Reupholstery, per number of workers See 2024 7692 Welding, per number of workers See 2024 7697 Locksmith, per number of workers (Ref. 7699) See 2024 7698 Repair Shops, per number of workers (Ref. 7699) See 2024 631 of 643 7699 Miscellaneous Repair Services, NEC 92.61 7700 Mobile Repair (Ref 7699) 92.61 7701 Bicycle Repair 92.61 7702 Screen Repair 92.61 7832 Motion Picture Theatre .49 per seat, 102.53 minimum 7910 Carnival or Circus (Ref 7999) 513.77 7911 Dance Studio /School 154.35 7922 Miscellaneous Theatrical Services 92.61 7928 Adult Entertainment (Ref 7929) 1,102.50 A floor plan showing square footage of building, indicate portion to be allotted for this use and seating chart if applicable, plus a site plan to show the off - street parking, shall be submitted for review with the Certificate of Use application and filing fee. 7929 Entertainers & Entertainment Groups 92.61 7933 Bowling Alley 51.82 per alley 7987 Martial Arts Instruction (Ref 7999) 92.61 7988 Fishing Guide (Ref. 7999) 92.61 7989 Boat Captain Service (Ref 7999) 92.61 7990 Athletic Clubs (Ref 799 1) 154.35 7991 Fitness Trainer 92.61 7993 Amusement Arcade, per machine See 5962 7994 Billiards (Ref 7993) 51.82 per table 7995 Special Events (Ref. 7996) 154.35 7997 Ban]aupte Sale (Ref. 7389) 154.35 7998 Miscellaneous Recreation Services, NEC 92.61 7999 Boats - Recreation Small motor crafts, each 22.50 1 - 5 passenger capacity 77.18 6 - 10 passenger capacity 102.53 10 - 50 passenger capacity 154.35 Over 50 passenger capacity 256.88 8011 Physician* 206.17 8012 Psychiatrist* 206.17 8013 Ophthalmologist 206.17 8021 Dentist* 206.17 632 of 643 8031 Osteopath* 206.17 8034 Relaxation Therapist (Ref 8049) 206.17 8035 Psychotherapist (Ref 8049) 206.17 8036 Psychologist (Ref 8049) 206.17 8037 Physical Therapist (Ref 8049) 206.17 8038 Occupational Therapist (Ref 8049) 206.17 8039 Midwife (Ref 8049) 206.17 8040 Mental Health Counselor (Ref 8049) 206.17 8041 Chiropractor* 206.17 8042 Optometrist* 206.17 8043 Podiatrist* 206.17 8044 HN-pnotist (Ref 8049) 206.17 8045 Dietitian (Ref 8049) 206.17 8046 Clinical Social Worker (Ref 8049) 206.17 8047 Audiologist (Ref 8049) 206.17 8048 Acupuncturist (Ref 8049) 206.17 8049 Health Practitioners, NEC* 206.17 8051 Skilled Nursing Care Facilities 154.35 8059 Nursing Care Facility, NEC 3.58 per room, minimum 8062 General Medical /Surgical Centers* 206.17 8069 Hospital 154.35 8070 Diagnostic Lab (Ref 807 1) 92.61 8072 Dental Laboratory 206.17 8096 Nursing (Ref 8099) 102.53 8097 Surgical Teclurician (Ref 8099) 102.53 8098 Hearing Aid Specialist (Ref 8099) 206.17 8099 Health & Allied Services, NEC 102.53 8111 Attorney* 206.17 8243 Computer Assembly /Setup 92.61 8244 Business School 154.35 8249 Art School 154.35 8296 Ceramic Studio (Ref 8299) 154.35 8297 Auto Driving School (Ref 8299) 154.35 8298 Piano/Instrument Instruction 92.61 633 of 643 35.28 8299 Schools & Education Services, NEC 154.35 8322 Individual & Family Social Services 216.48 8323 Counselor 92.61 8324 Marriage/Family Therapist* (Ref 8322) 216.48 8351 Day Care - Children 154.35 8361 Adult Congregate Living Facility* 3.58 per room, 35.28 minimum 8399 Social Work Consultant* 92.61 8422 Aquarium 92.61 8610 Business Associations (Ref 8611) 92.61 8611 Real Estate Board 92.61 8711 Engineer* 206.17 8712 Architect* 206.17 8713 Surveyor* 206.17 8721 Certified Public Accountant* 206.17 8722 Boold (Ref 8721) 92.61 8733 Research Organization 92.61 8742 Bu sines s/Mana gement Consultant 92.61 8748 Traffic Manager 92.61 8900 Construction Inspector (Ref 8999) 92.61 8998 Geologist* (Ref 8999) 206.17 8999 Services, NEC 92.61 9991 Merchant - temp. /regional mall concourse For four (4) or less temporary (less than a week), and portable, regional mall promotion activities with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax Receipt fee of $137.81. 9992 Temporary retail /mall carts Activities which would otherwise be subject to retail Business Tax Receipt fees, but which are temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee of $ $41.35 for each three -month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates for temporary and portable retail locations within the mall for the twelve- month period commencing October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating locations. Adjustment shall be made yearly during the month of August for the preceding twelve -month period and on written request from the mall operator. The mall operator shall submit sufficient records to support its request for adjustment. 9993 Itinerant or Transient Merchant Covers persons who travel from city to city and sell and deliver goods, merchandise or services to business establishments; or who sell, demonstrate or deliver goods, merchandise or services to the general public, and do 634 of 643 not have a permanent place of business in the city. Each person, per day 9.92 Each person, per week 51.82 Each person, per month 206.17 (I.D. registration required for each person.) Notes: * Requires a license from one of the following Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified (Ord. No. 94 -15, App. A, 6- 21 -94; Ord. No. 95 -22, Appendix A, 7 -5 -95; Ord. No. 98 -38, § 1, 9- 15-98; Ord. No. 06 -049, § 2, 6- 20 -06; Ord. No. 06 -096, § 2, 1- 2 -07; Ord. No. 12 -012, § 2, 7 -3- 12) 635 of 643 13. G LEGAL June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 13 -023 - FIRST READING - Approving a one -year suspension of Garage Sale Permit requirement EXPLANATION OF REQUEST: City Commission first approved issuance of Garage Sale permits in May of 1983, in response to repeated garage sales occurring at a few residential properties in the City. Current regulations for Garage Sale permits are contained within Chapter 13, Licensing and require a permit to be issued by the Building Official, with a limit of two (2) permits per residence, per year. An average of 225 permits, at $5 per permit, are issued each year generating an average of $1,125 annually. Enforcement of the permit requirement is administered through the Police Department, Code Compliance division. Residents are required to apply in person at City Hall to obtain Garage Sale Permits, and are accepted through the Development Services intake process, with an average wait time of 20 minutes. Once they meet with an Application Technician and are registered in the system (a process which takes less than 5 minutes), they are directed to the City Hall Casher to make payment. The entire process can take in excess of 30 minutes and the City does not fully recover staff costs with the existing permit fee. Staff has researched Code Violations issued from January 2000 through June 2013, and found that no Garage Sale violations have been issued in the 12.5 year period. Review of regulations from the communities of West Palm Beach, Delray Beach, Boca Raton, Wellington, Jupiter, Greenacres, Palm Beach County, Royal Palm Beach and Lake Worth, indicate that just Lake Worth and Royal Palm Beach require a permit, with only Royal Palm Beach charging a fee ($10). 636 of 643 Noting the absence of any violations over this extended period staff is recommending suspending the Garage Sale Permit requirement for a period of one -year. During the study period, activity will be monitored through complaints to determine the necessity for permit. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Residents will no longer be required to drive to City Hall to apply for permit and wait in queue with customers submitting for building permit, zoning permit, or business tax application. An estimated 1,500 vehicle miles traveled will be saved due to less trips to City Hall, in keeping with the City's Sustainability initiatives. If staff review at the end of the study period determines the necessity to continue registration for this activity, code revision to add provisions to Chapter 15, Offenses - Miscellaneous would be considered. FISCAL IMPACT: Reduction of $1,125 in Garage Sale revenue. ALTERNATIVES: 1) Do not alter the existing regulations. 2) Direct staff to amend the Code a) to remove the permit requirement without a temporary suspension. b) amend code to move administration provisions to Chapter 15, under the direction of Police Department, Code Compliance division. 637 of 643 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE ONE YEAR SUSPENSION OF THE GARAGE SALE PERMIT REQUIREMENT; PROVIDING FOR AUTOMATIC REIMPLEMENTATION OF REQUIREMENT FOR GARAGE SALE PERMITS AND ENFORCEMENT UPON THE EXPIRATION OF THE STATED TIME PERIOD UNLESS EXTENDED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, residents are required to apple in person at City Hall to obtain a Garage Sale Permit and are accepted through the Development Services intake process; and WHEREAS, staff has researched Code violations for a twelve and a half year period and found that no Garage Sale violations have been issued; and WHEREAS, noting the absence of violations, staff is recommending suspending the requirement for a Garage Sale Permit for a period of one year during which time a study of violations will be monitored through complaints; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to suspend the Garage Sale Permit requirement for a period of one year. The requirement to obtain a Garage Sale Permit will automatically be re- implemented upon expiration of the suspension of the Garage Sale Permit requirement, unless extended by the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2 . The City Commission of the City of Boynton Beach desires to suspend the requirement for Garage Sale Permits for a period of one (1) year from the date of passage of this ordinance on second reading. The requirement to obtain a Garage Sale Permit will automatically 638 of 643 be re- implemented upon expiration of the suspension of the Garage Sale Permit requirement, unless extended by the City Commission. Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict Nv ith any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately. tremainder intentionally left blank} 639 of 643 FIRST READING this day of 2013. SECOND, FINAL READING AND PAS SAGE 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) 640 of 643 14. A FUTURE AGENDA ITEMS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: 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 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 641 of 643 14. B FUTURE AGENDA ITEMS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Do not discuss the feasibility of building a dog park. 642 of 643 14. C FUTURE AGENDA ITEMS June 18, 2013 CITY OF BOYNTON BEACH k AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 18, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE F NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Presentation of Legislative Update by State Representative Bill Hager District 89 - 07/02/13 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 643 of 643