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Agenda 10-15-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, OCTOBER 15, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II 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 Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 1102 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the request from the Recreation & Parks Department for nominations for the Holiday Parade Grand Marshal. B. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Deborah Bottorff, Arts Commission Chair, will accept the proclamation. C. Announcement of the Boynton Beach Community Redevelopment Agency's (CRA) Pirate Fest and Mermaid Splash Days scheduled for October 26 - 27, 2013. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate 3 of 1102 Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternates Senior Advisory Board: 1 regular and 1 alternate Veterans Advisory Commission: 1 regular 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 PROPOSED RESOLUTION NO. R13-109 A. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Florida Education Properties Toscana LLC, for the property at 4945 Via Bari, Lake Worth, FL. This property will contain a pre-school. PROPOSED RESOLUTION NO. R13-110 B. - Approve payment of $27,506.85 for the annual renewal of the Grants Network Master Subscription and Service Agreement with eCivis and authorize the City Manager to execute the agreement. C. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $755,213.93. This amount reflects unpaid Utility and Solid Waste billings that have been in collections for 18 months or longer. PROPOSED RESOLUTION NO. R13-111 D. - Approve piggyback of Solid Waste Authority's (SWA) Agreement No. 13-249 for Hurricane/Disaster Debris Removal, Reduction and Disposal with the same terms and conditions. PROPOSED RESOLUTION NO. R13-112 E. - Authorize the City Manager to execute the Agreement between the City of Boynton Beach and Philips & Jordan for hurricane/disaster debris removal as provided for under the Solid Waste Authority’s Agreement No. 13-249 with the same terms and conditions. This will be used on an "As-Needed Basis" in the event of a disaster/emergency situation. F. Approve the minutes from the Regular City Commission meeting held on October 1, 2013 G. Approve request from Modern Midways for the Boynton Beach Mall Fall Carnival. Applicant: Robert Briggs. H. Approve award for the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS", BID No. 074-2821-13/JMA, to American Water Chemicals, Inc. of Plant City, FL as the lowest, most responsive bidder meeting 4 of 1102 all specifications. The estimated annual expenditure for this chemical is $50,000. I. Accept the written report to the Commission for purchases over $10,000 for the month of September 2013. PROPOSED RESOLUTION NO. R13-113 J. - Amending Planning and Zoning Fee Schedule, changes to become effective immediately. PROPOSED RESOLUTION NO. R13-114 K. - Authorize the City Manager to execute a City Administrative Agreement with The United States Mayor Enterprises, Inc., a wholly owned subsidiary of The U.S. Conference of Mayors(USCM), to participate in their deferred compensation and retirement products and services; To include execution of documents required by the U.S. Mayor Enterprises, Inc. selected vendor. L. Approve and ratify the Collective Bargaining Agreement for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC and the City. M. Approve the annual blanket purchase order request for an estimated total annual expense of $69,463 to Simplex-Grinnell for fire alarm/sprinkler monitoring, inspections, and service/repairs in various City facilities. Simplex- Grinnell is an authorized vendor via the General Services Administration (GSA) Contract #GS-07F-0396M. N. Approve the annual blanket purchase order request for an estimated total annual expense of $28,750 to Thyssen-Krupp Elevator for elevator annual inspections and service/repairs in various City facilities. Thyssen-Krupp is an authorized vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of an Equature Digital Voice Recorder for the Police and Fire Communications Center by utilizing the GSA Pricing Contract Number GS- 03F-0023T with DSS Corporation for $134,490 (payable over 5 years). B. Approve utilizing the State of Florida Contract Number 425-001-12-1 with Watson Furniture Group Inc. for $170,444.16 for the purchase of 10 dispatch console stations and 19 lockers for the Police and Fire Communications Center. C. Approve the purchase of 5 MCC7500 IP Dispatch Radio Consoles from Motorola Inc. in the amount of $264,664 as a sole source purchase. PROPOSED RESOLUTION NO. R13-115 D. - Award a Two Year Contract for School Crossing Guard Services, Bid No. 076-2110-13/JMA to Action Labor Management LLC dba Staffing Connections of West Palm Beach, Florida as 5 of 1102 the lowest, most responsive, responsible bidder meeting all bid specifications for an estimated annual expenditure of $300,000. E. Approve a Three Year Extension to the Processing Agreement between Sun Recycling, LLC (SUN) and the City of Boynton Beach for the transfer of recycling material to include yard waste, mixed recyclables and construction and demolition debris. PROPOSED RESOLUTION NO. R13-116 F. - Approve the piggyback of City of Pompano Beach Bid #H-50-13 with Yamaha Golf Cart Company for the purchase of Eighty-Five (85) 2014 Yamaha Electric Golf Carts and Four (4) Electric Ranger Cars for a net purchase price of $298,325 after trade-in allowance for our current golf carts and authorize the City Manager to execute financing documents for 48 month financing with a $1 per cart buyout at the end of the lease term. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in case of Morton Goldstein 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. Request for Master Plan Modification (MPMD 13-001) and Conditional Use (COUS 13-002) approval intended to allow construction of a freestanding restaurant with drive-through facility consisting of 2,024 square feet; and related site improvements at the Cross Creek Centre, 1301 West Boynton Beach Boulevard, within a PCD (Planned Commercial Development) zoning (TABLED district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. ON SEPTEMBER 17TH) B. Approve Major Site Plan Modification (MSPM 13-003) request to construct a 3,332 square foot, one-story veterinary clinic for natural and holistic animal care, located at 222 West Boynton Beach Boulevard, within a C-2 (Neighborhood Commercial) zoning district. Applicant: Nancy Keller, DVM.. C. Approve New Site Plan (NWSP 13-003) request to allow construction of a 4- story Hotel with 93 guest rooms and related site improvements at 2001 West Ocean Drive in the C-3 (Community Commercial) zoning district. Applicant: Hardial Sibia of Boynton Holdings, LLC. D. Approve the request for an 18-month extension of the approved site plan (NWSP 06-002) for the Tuscan Villas project located on the east side of South Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard. Applicant: Brian Cheguis of Cotleur & Hearing. 6 of 1102 PROPOSED ORDINANCE NO. 13-029 - FIRST READING E. - Amending the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and Request to Table to November 5, 2013 regulations. Applicant: City-initiated - 10. CITY MANAGER’S REPORT A. Approve an increase in estimated fees for Phase 2 of the agreement with DavenportLawrence for Project Management Services for Utility Water Meter Technology Migration for (a) Transitional Project Management Services, (b) AMI Meter Infrastructure Project Management and (c) Process and People Design Change Aligned with Customer Information Systems in the amount of $130,000 revising the estimated fees from $212,500 to $342,500. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discussion regarding term limits for City of Boynton Beach elected officials. B. Consideration of renaming of Oceanfront Park 13. LEGAL PROPOSED ORDINANCE NO. 13-030 - FIRST READING A. - Approve Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Matters PROPOSED ORDINANCE NO. 13-024 - SECOND READING - PUBLIC B. HEARING - Request abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. PROPOSED ORDINANCE NO. 13-028 - SECOND READING - PUBLIC C. HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption. 14. FUTURE AGENDA ITEMS A. Consideration of providing the Boynton Beach Community Redevelopment Agency Board the authority to act as a review and recommendation body for major site plan applications for projects located within the CRA District boundaries. - 11/5/13 7 of 1102 B. Approving an Ordinance amending the General Employees Pension Plan to include amendments that were made during the last legislative session to the Florida Statutes effecting pension plans - 11/5/13 C. Discussion of parking fee collection and maintenance at Oceanfront Park - 11/5/13 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. 8 of 1102 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the request from the Recreation & Parks EQUESTED CTION BY ITY OMMISSION Department for nominations for the Holiday Parade Grand Marshal. ER: The Holiday Parade Grand Marshal is someone who has XPLANATION OF EQUEST made a lasting impact or significant contribution to the Boynton Beach Community. It is an outstanding individual who exhibits community leadership, acting as a mentor or contributing personal efforts that reflect positively on our community. The Recreation & Parks Department is accepting nominations for the Grand Marshal through October 22, 2013. Nomination forms can be received by contacting the Department, or can be completed online. The Recreation & Parks Advisory Board will then review the nominations and select the Grand Marshal. H? This will have no affect on City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services. FI: N/A ISCAL MPACT A: Do not make the announcement. LTERNATIVES 9 of 1102 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the Month of October as National Arts EQUESTED CTION BY ITY OMMISSION and Humanities Month for the City of Boynton Beach. Deborah Bottorff, Arts Commission Chair, will accept the proclamation. ER: The month of October has been recognized as National Arts and XPLANATION OF EQUEST Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program, and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. H? This Proclamation will help raise OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of arts and culture in the City of Boynton Beach. FI: Increased awareness of Arts and Culture in the City of Boynton Beach will contribute ISCAL MPACT to growth in tourism and economic development. A: Not toproclaim October as National Arts and Humanities Month for the City of LTERNATIVES Boynton Beach. 10 of 1102 Proclamation WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, cities and states throughout the country, as well as by the White House, for more than two decades; and WHEREAS, these agencies have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month; and WHEREAS, the arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity community livability and cultural tourism; and WHEREAS, it is known that the arts are magnets for tourists and that local businesses reap the financial rewards of the increased spending they bring to local economies. The arts and culture industry is also a cornerstone of tourism and economic development in America; and WHEREAS, Since October 5, 2005, the City of Boynton Beach adopted and supported its Art in Public Places Program, and through the guidance and authority of the Arts Commission, has consistently recognized the importance of this industry. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the month of October 2013 as: National Arts and Humanities Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of October Two Thousand and Thirteen. _______________________ Jerry Taylor, Mayor ATTEST: ____________________________ Janet M. Prainito, CMC, City Clerk (Corporate Seal) 11 of 1102 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the Boynton Beach Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency's (CRA) Pirate Fest and Mermaid Splash Days scheduled for October 26 - 27, 2013. nd ER: The 2 Annual Boynton Beach Pirate Fest and Mermaid XPLANATION OF EQUEST thth Splash will be held on October 26 and 27. thth On Saturday, October 26 and Sunday, October 27, the event will begin at 10:00 a.m. and include 3 stages of continuous live music, children’s activities, pirate reenactments, pirate stunt shows and parades. Craft and food vendors, including local artists and restaurants, will be on-site. th New this year is a Mermaid Splash, added to the evening of the Saturday, October 26, beginning at 5:00 p.m. at 129 East Ocean Avenue, with a walking Mermaid Parade. The Parade will continue down East Ocean Avenue, across Federal Highway to the Boynton Harbor Marina, and across the Street to 640 East Ocean Avenue (Ocean th Plaza) cumulating at Ocean Avenue and 4 Avenue. Each area will feature entertainment. A complimentary trolley shuttle will be available. th On Sunday, October 27, the Pirate Fest will end at 5:00 p.m. The Pirate Fest will take place on East Ocean Avenue, between Seacrest and NE 1Street. This event is FREE st to the public. There is ample free parking available in the surrounding areas. Everyone is encouraged to participate in the “pirate/mermaid nostalgic maritime” theme by dressing in costume! 12 of 1102 The Schoolhouse Children’s Museum and Learning Center will present a Spooktacular Haunted (School) House, both days, 10:00 a.m. to 5:00 p.m. The cost to attend is the admission fee to the Schoolhouse Children’s Museum. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: Do not allow announcement. LTERNATIVES 13 of 1102 5. A ADMINISTRATIVE October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternates Senior Advisory Board: 1 regular and 1 alternate Veterans Advisory Commission: 1 regular . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT 14 of 1102 A: Allow vacancies to remain unfilled. LTERNATIVES 15 of 1102 16 of 1102 17 of 1102 18 of 1102 19 of 1102 20 of 1102 6. A CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-109 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Florida Education Properties Toscana LLC, for the property at 4945 Via Bari, Lake Worth, FL. This property will contain a pre-school. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area south of Hypoluxo Road between S. Military Trail and S. Jog Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 21 of 1102 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 22 of 1102 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA EDUCATION PROPERTIES TOSCANA LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 4945 Via Bari, Lake Worth, Florida (PCN: 00-42-45-12-00-000- 3040); and WHEREAS , the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area and will be used for a pre-school; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Florida Education Properties Toscana, LLC., a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2013. 23 of 1102 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 1102 25 of 1102 26 of 1102 27 of 1102 28 of 1102 29 of 1102 30 of 1102 31 of 1102 32 of 1102 33 of 1102 34 of 1102 35 of 1102 6. B CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-110 - EQUESTED CTION BY ITY OMMISSION Approve payment of $27,506.85 for the annual renewal of the Grants Network Master Subscription and Service Agreement with eCivis and authorize the City Manager to execute the agreement. AT:N1,2013–O31,2014 GREEMENT ERM OVEMBER CTOBER ER: The City of Boynton Beach Grants Team has been XPLANATION OF EQUEST successfully using eCivis’ grant management products to research and track grant opportunities and awards for the past twelve years. H? Renewal of the Grants Network OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Master Subscription and Service Agreement will enable the Grants Team members to continue to efficiently seek grant opportunities and manage grant awards. Grants Network: Tracking & Reporting web-based system maximizes the coordination of, and visibility into, the grants process, mitigates turnover issues, increases our award rate, and centralizes all files. The system provides citywide use and oversight by the Grants Coordinator and the Finance Department. Grants Network is designed specifically for local governments and offers much more than basic grant management. There is no other product that provides access to a centralized federal, state, local and foundation grant database, grant management and reporting tools, a training component and organizational wide oversight (see attached product comparison). 36 of 1102 The Master Subscription and Service Agreement includes access to a database of local, state and federal grant opportunities, on-line/on-demand training at no additional cost, news and legislative updates on grant opportunities, and a project level document repository for our annual single audit. This allows the auditor on-line access to all grant related documents. This also enables the City to move towards a more paperless process. Our return on investment is evident year after year as staff researches and effectively manages federal, state and local grant dollars using eCivis Grants Network. FI: In FY 2013, 11 grant awards totaling $1,611,845 were managed by ISCAL MPACT departments using eCivis’ Grants Network. In addition to preparing grant applications, staff closed out 15 federal, state and local grants worth $3,487,637 as projects were completed. The City of Boynton Beach receives substantial discounts due to our long standing relationship in testing grant research and management products with eCivis. The renewal rate has not increased since FY 2008/09. The total cost for Grant Network Research, Tracking & Reporting, and KnowledgeBase service is $27,506.85. This expense is included in the adopted FY2013/2014 General Fund budget and will be taken from the Grants Team account #001-1210-512-34.34. A: Not renew the Master Subscription and Service Agreement and LTERNATIVES dramatically decrease our ability to efficiently and effectively seek and manage grants citywide. 37 of 1102 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANTS NETWORK MASTER SUBSCRIPTION AND SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ECIVIS, INC IN THE AMOUNT OF $27,506.85 FOR THE PERIOD OF NOVEMBER 1, 2013 THROUGH OCTOBER 31, 2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach Grants Team has successfully been using eCivis grant management products to research and track grant opportunities and awards for the past twelve years; and WHEREAS, the current Agreement approved by the City Commission in 2012 expires on October 31, 2013; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Grants Network Master Subscription Agreement between the City of Boynton Beach and eCivis, Inc., and authorize the City Manager to execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Grants Network Master Subscription Agreement between the City of Boynton Beach and eCivis, Inc. for the term November 1, 2013 through October 31, 2014 in the amount of $27,506.85, and authorize the City Manager to execute the Agreement, a copy of said Agreement is attached hereto as Exhibit “A”. 38 of 1102 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 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) 39 of 1102 40 of 1102 41 of 1102 42 of 1102 43 of 1102 44 of 1102 45 of 1102 46 of 1102 47 of 1102 6. C CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorize the Finance Department to reduce the EQUESTED CTION BY ITY OMMISSION Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $755,213.93. This amount reflects unpaid Utility and Solid Waste billings that have been in collections for 18 months or longer. EXPLANATION OF REQUEST: This action should be done annually at a minimum but the last time it was done was September 21, 2010 for uncollectible accounts thru September 30, 2009. Since becoming Director of Finance in December 2012, I have been working with staff to review the accounts that were previously sent to the collection agency. It is the goal to move towards doing this process semi-annually. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from rentals, foreclosures, walk-away/abandonments and bankruptcy, and the customers have moved from the area. We are working on enhancing the City collection efforts going forward and plan on reviewing accounts at collection on a more regular basis to determine viability of collection of old accounts. The $755,213.93 involves 2,756 accounts for fiscal years 2010 through first quarter of 2012. The City establishes an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables both in utility and sanitation funds. By doing 48 of 1102 this the requested write off approval will have no impact on the City’s financial statements. It is prudent to review at least annually the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. During the period from October 1, 2010 thru first quarter of 2012 the City billed approximately $112.2 million of charges for Utility and Solid Waste fees. The amount being deemed uncollectible comprises just over one-half percent (0.67%) of the total amount billed during that period for water, sewer, stormwater and refuse. Neighboring municipalities, such as Deerfield Beach, Boca Raton, Delray Beach and Lake Worth consider an average of 0.50% to 1% loss in uncollected revenues to be acceptable. Our percentage falls within that value, and is therefore felt to be within the local governmental standard. Attached is a schedule of amounts per service type to be written off, a computer generated report will be available once the system actually writes off the accounts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None since this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements. ALTERNATIVES: Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance of Uncollectible Accounts 49 of 1102 50 of 1102 6. D CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-111 - EQUESTED CTION BY ITY OMMISSION Approve piggyback of Solid Waste Authority's (SWA) Agreement No. 13-249 for Hurricane/Disaster Debris Removal, Reduction and Disposal with the same terms and conditions. Contract Period: October 15, 2013 thru August 20, 2016 with an option to extend the Agreement until April 20, 2020. ER: The Solid Waste Authority approved an Agreement with XPLANATION OF EQUEST Phillips and Jordan to provide for Hurricane/Disaster Debris Removal, Reduction and Disposal. Phillips and Jordan were ranked #1 in the selection process for hurricane/disaster services subsequent to a protest and re-bid. Article 39 of the Agreement states “The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement.” As a result Philips and Jordan have offered the City of Boynton Beach, Florida to enter into an exclusive agreement as allowed in Article 39. SWA has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach's bid requirements H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By piggybacking this agreement it will allow the City to enter into a mutual aid agreement with a vendor for this service in order to avoid delays should there be a hurricane/disaster/emergency situation. 51 of 1102 FI: Debris removal expenditures are eligible for reimbursement from ISCAL MPACT FEMA. A: Do not approve this piggyback and have the City issue their own LTERNATIVES Bid/RFP. 52 of 1102 RESOLUTION NO. R-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY- BACKING OF A THREE YEAR AGREEMENT (NO. 13-249) BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND PHILLIPS AND JORDAN, INC., FOR HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Solid Waste Authority approved an Agreement (No. 13-249) with Phillips and Jordan, Inc., to provide for Hurricane/Disaster Debris Removal, Reduction and Disposal for a period of three (3) years from August 21, 2013 to August 20, 2016, with an option to extend until August 20, 2020; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve the piggy-backing of a three (3) year Agreement (No. 13-249) of the Solid Waste Authority’s Agreement with Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby approves the piggy-backing of a three (3) year Agreement (No. 13-249) of the Solid Waste Authority’s Agreement with Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of October, 2013. CITY OF BOYNTON BEACH, FLORIDA 53 of 1102 ______________________________ 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) 54 of 1102 55 of 1102 56 of 1102 57 of 1102 58 of 1102 59 of 1102 60 of 1102 61 of 1102 62 of 1102 63 of 1102 64 of 1102 65 of 1102 66 of 1102 67 of 1102 68 of 1102 69 of 1102 70 of 1102 71 of 1102 72 of 1102 73 of 1102 74 of 1102 75 of 1102 76 of 1102 77 of 1102 78 of 1102 79 of 1102 80 of 1102 81 of 1102 82 of 1102 83 of 1102 84 of 1102 85 of 1102 86 of 1102 87 of 1102 88 of 1102 89 of 1102 90 of 1102 91 of 1102 92 of 1102 93 of 1102 94 of 1102 95 of 1102 96 of 1102 97 of 1102 98 of 1102 99 of 1102 100 of 1102 101 of 1102 102 of 1102 103 of 1102 104 of 1102 105 of 1102 106 of 1102 107 of 1102 108 of 1102 109 of 1102 110 of 1102 111 of 1102 6. E CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-112 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to execute the Agreement between the City of Boynton Beach and Philips & Jordan for hurricane/disaster debris removal as provided for under the Solid Waste Authority’s Agreement No. 13-249 with the same terms and conditions. This will be used on an "As-Needed Basis" in the event of a disaster/emergency situation. Contract Period: October 15, 2013 thru August 20, 2016 with an option to extend the Agreement until April 20, 2020, in accordance with SWA’s Agreement with Phillips & Jordan. ER: The Solid Waste Authority approved an Agreement with XPLANATION OF EQUEST Phillips and Jordan to provide for Hurricane/Disaster Debris Removal, Reduction and Disposal. Phillips and Jordan were ranked #1 in the selection process for hurricane/disaster services. Article 39 of the Agreement states “The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement.” As a result Philips and Jordan have offered the City of Boynton Beach, Florida to enter into an exclusive agreement as allowed in Article 39. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Entering into this Agreement is imperative in order to avoid delays should there be a hurricane/disaster/emergency situation. FI: Debris removal expenditures are eligible for reimbursement from ISCAL MPACT FEMA. 112 of 1102 A: Do not approve this Agreement and have the City issue their own LTERNATIVES Bid/RFP. 113 of 1102 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR AGREEMENT WITH PHILLIPS & JORDAN, INC., FOR HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL SERVICES BEGINNING OCTOBER 15, 2013 THROUGH AUGUST 20, 2016 WITH AN OPTION TO RENEW TO BE USED ON AN “AS-NEEDED” BASIS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the critical nature of this service it is imperative to have a contract in place in order to avoid delays should there be a hurricane/disaster/emergency situation; and WHEREAS , the Solid Waste Authority approved an Agreement (No. 13-249) with Phillips and Jordan, Inc., to provide for Hurricane/Disaster Debris Removal, Reduction and Disposal for a period of three (3) years from August 21, 2013 to August 20, 2016, with an option to extend until August 20, 2020 to be utilized on an “as needed basis”. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve a three (3) year Agreement with Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal to be used on an “as-needed” basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves a three (3) year Contract with Phillips and Jordan, Inc., for Hurricane/Disaster 114 of 1102 Debris Removal, Reduction and Disposal to be used on an “as-needed” basis commencing October 15, 2013 through August 20, 2016 with an option to renew until August 20, 2020, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager is authorized to execute the Agreement with Phillips and Jordan, Inc. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of October, 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) 115 of 1102 116 of 1102 117 of 1102 118 of 1102 119 of 1102 120 of 1102 121 of 1102 122 of 1102 123 of 1102 124 of 1102 125 of 1102 126 of 1102 127 of 1102 128 of 1102 129 of 1102 130 of 1102 131 of 1102 132 of 1102 133 of 1102 134 of 1102 135 of 1102 136 of 1102 137 of 1102 138 of 1102 139 of 1102 140 of 1102 141 of 1102 142 of 1102 143 of 1102 144 of 1102 145 of 1102 146 of 1102 147 of 1102 148 of 1102 149 of 1102 150 of 1102 151 of 1102 152 of 1102 153 of 1102 154 of 1102 155 of 1102 156 of 1102 157 of 1102 158 of 1102 159 of 1102 160 of 1102 161 of 1102 162 of 1102 163 of 1102 164 of 1102 165 of 1102 166 of 1102 167 of 1102 168 of 1102 169 of 1102 170 of 1102 171 of 1102 172 of 1102 173 of 1102 6. F CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on October 1, 2013 The City Commission met on October 1, 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. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 174 of 1102 175 of 1102 176 of 1102 177 of 1102 178 of 1102 179 of 1102 180 of 1102 181 of 1102 182 of 1102 183 of 1102 184 of 1102 185 of 1102 186 of 1102 187 of 1102 188 of 1102 189 of 1102 190 of 1102 191 of 1102 6. G CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve request from Modern Midways for the EQUESTED CTION BY ITY OMMISSION Boynton Beach Mall Fall Carnival. Applicant: Robert Briggs. ER: Mr. Robert Briggs, of Modern Midways, has submitted an XPLANATION OF EQUEST application for special events to allow for the annual Fall Carnival to be held at the Boynton Beach Mall. This upcoming event would be similar to the prior events held annually over the past 6 years, as previously in accordance with an agreement between the City and Simon Properties. This agreement allowed a specified number of special events to be conducted at the mall per year, including uses that otherwise are not allowed within the subject zoning district like car sales and carnivals. This agreement expired in May of 2012, therefore prompting staff to again forward this application to the Commission for approval similar to the process followed for processing requests for an annual carnival at the Lake Worth Christian School. The carnivals appear to be conducted by different organizations; however, they appear to offer similar features such as amusement rides, carnival games and various food and non-alcoholic beverage concessions. The subject application also similarly indicates that music is not provided. The event at the mall is scheduled to be conducted on th rd October 25through November 3. The carnival would operate similar to previous events, until 10 pm on weekday nights (including Sundays), and until 11 pm on weekends (Friday and Saturday evenings). The carnival would generally open at 5 pm on weekdays and at 1 pm on weekends. Staff supports the approval of this temporary event, and only recommends that the approval be conditioned upon any requirements generated through the review of the 192 of 1102 special events application by city staff, including the restriction on overnight presence by general carnival employees, except for anyone specifically present for security purposes. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 193 of 1102 6. H CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve award for the "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION POLYPHOSPHATE TYPE CORROSION INHIBITORS", BID No. 074-2821-13/JMA, to American Water Chemicals, Inc. of Plant City, FL as the lowest, most responsive bidder meeting all specifications. The estimated annual expenditure for this chemical is $50,000. BID TERM: October 15, 2013 through October 14, 2014. ER: XPLANATION OF EQUEST On August 21, 2013, Procurement Services received and opened seven bid proposals for the supply of polyphosphate type corrosion inhibitors. The bids were solicited based on an average flow of six (6) million gallons per day (MGD) at the East Water Treatment Plant (East WTP) and an average flow of 8 MGD at the West Water Treatment Plant (West WTP), along with important chemical criteria specified. Based on the bid submittals, Utility Department Staff recommends that the bid be awarded to American Water Chemicals, Inc. The bid term is for a period of one (1) year and provides a renewal option to extend the bid at the same terms, conditions and price for three (3) additional one-year periods. Bid renewals will be subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City of Boynton Beach. Polyphosphate corrosion inhibitors are used at both water treatment plants for sequestering iron, manganese and calcium, and for stabilizing the water in the distribution system. In doing so, pipe interiors are protected from the buildup of scale as 194 of 1102 well as well corrosion. The City of Boynton Beach has been piggybacking a Charlotte County Bid for polyphosphate corrosion inhibitors for the water treatment plants. H? Little or no polyphosphate usage OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES would pose great risks to the City’s water distribution infrastructure as the potential for scaling and/or corrosion of pipes would dramatically increase. FI: Funds are budgeted in account: 401-2811-536-52-35. Recent fiscal ISCAL MPACT expenditures are as follow: • FY 10/11 - $47,503 • FY 11/12 - $43,228 • FY 12/13 - $51,270 A: The City of Boynton Beach could look for other government bids to LTERNATIVES piggyback for the purchase of polyphosphate. 195 of 1102 196 of 1102 197 of 1102 198 of 1102 199 of 1102 200 of 1102 201 of 1102 202 of 1102 203 of 1102 204 of 1102 205 of 1102 206 of 1102 207 of 1102 208 of 1102 209 of 1102 210 of 1102 211 of 1102 212 of 1102 213 of 1102 214 of 1102 215 of 1102 216 of 1102 217 of 1102 218 of 1102 219 of 1102 220 of 1102 221 of 1102 222 of 1102 223 of 1102 224 of 1102 225 of 1102 226 of 1102 227 of 1102 228 of 1102 229 of 1102 230 of 1102 231 of 1102 232 of 1102 233 of 1102 6. I CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of September 2013. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for September 2013: Purchase Order Vendor Amount 131034 Xylem Water Solutions USA $ 15,826.30 131043 Fine Line Striping $ 20,955.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain 234 of 1102 internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 235 of 1102 236 of 1102 237 of 1102 238 of 1102 239 of 1102 240 of 1102 241 of 1102 242 of 1102 243 of 1102 244 of 1102 245 of 1102 246 of 1102 247 of 1102 248 of 1102 249 of 1102 250 of 1102 251 of 1102 252 of 1102 253 of 1102 254 of 1102 255 of 1102 256 of 1102 257 of 1102 258 of 1102 259 of 1102 260 of 1102 6. J CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-113 - EQUESTED CTION BY ITY OMMISSION Amending Planning and Zoning Fee Schedule, changes to become effective immediately. ER: Commission approved amendments to the Land XPLANATION OF EQUEST Development Regulations governing Mobile Vending at the October 1, 2013, meeting. This amendment will add fees associated with the review of Mobile Vending Units, Mobile Vending Site permits, and Mobile Vending Assembly permits, to the Planning and Zoning Fee Schedule. H? Proposed fees are consistent with OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES current programs and services and in particular, further the implementation of the City’s Mobile Vending regulations. FI: Revenue increase, estimated at approximately $3,000 annually. ISCAL MPACT A: None recommended as these fees are necessary to recover costs of LTERNATIVES processing MVU applications. 261 of 1102 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 June 18, 2013, pursuant to the adoption of Resolution No. R13-049; and WHEREAS , the City Commission approved amendments to the Land Development Regulations governing Mobile Vending at the October 1, 2013 Commission meeting; and WHEREAS , this amendment will add fees associated with the review of Mobile Vending Units, Mobile Vending Site permits and Mobile Vending Assembly permits to the Planning and Zoning 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 copy of the fee schedule shall be maintained in the City Clerk’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 October, 2013. 262 of 1102 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) 263 of 1102 264 of 1102 265 of 1102 266 of 1102 6. K CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-114 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to execute a City Administrative Agreement with The United States Mayor Enterprises, Inc., a wholly owned subsidiary of The U.S. Conference of Mayors(USCM), to participate in their deferred compensation and retirement products and services; To include execution of documents required by the U.S. Mayor Enterprises, Inc. selected vendor. ER: The City Commission approved Resolution 82-C on January XPLANATION OF EQUEST 5, 1982 adopting the U.S. Conference of Mayors (USCM) Deferred Compensation Program and their attendant investment options by entering into an Administrative Service Agreement. This established a Deferred Compensation Program for the City of Boynton Beach for voluntary participation of all eligible City employees, elected officials and independent contractors. The agreement provided for the use of the U.S. Conference of Mayors selected vendor, Nationwide Life Insurance Company. The U.S. Conference of Mayors in 2012 made the decision to end their relationship with Nationwide Life Insurance Company and entered into an agreement with Great-West as the Program Vendor for deferred compensation and retirement solutions. This Program is sponsored by the U.S. Conference of Mayors and is available to cities and other local government agencies and to their employees. The USCM selected Great-West based upon an extensive review of benefits, cost structures, product offerings, and supporting services in this market. Under the USCM’s 267 of 1102 program with Great-West the cities and other local government agencies will realize the following:  Elimination of administrative fees, meaning more of the employees’ dollars will go toward their retirement savings;  Enhanced education services and communications materials, including face-to- face and online seminars;  An expanded lineup of quality investment options, including target date funds and a guaranteed lifetime withdrawal benefit; and  New account management tools available 24/7 through the Program’s new website www.USCMRetire.org/transition and an automated voice response system 1-888-303-USCM. If the City wishes to continue with their participation in the U.S. Conference of Mayors sponsored Deferred Compensation Program, a new City Administrative Agreement will need to be executed and the City will also change vendors from Nationwide Life Insurance Company to Great West Retirement Services of Greenwood Village, CO. H? The execution of this Agreement OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will require the City to move all employees’ accounts that are presently with Nationwide and establish employee accounts with Great West Retirement Services. This may involve the execution of additional documents by the City Manager with Great West Retirement Services in order to establish the deferred compensation program with Great West Retirement Services. Great West will develop and implement a transition plan in order to educate employees and guide them through the processing of transferring their accounts to Great West. FI: This is a voluntary program so there will be no fiscal impact to the City. ISCAL MPACT A: Do not enter into this City Administrative Agreement and enter into an LTERNATIVES individual agreement with Nationwide or another vendor, which may require a formal bid. 268 of 1102 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LOCAL GOVERNMENT EMPLOYER ADMINISATRATIVE AGREEMENT WITH U.S. MAYOR ENTERPRISES, INC., TO PARTICIPATE IN THEIR DEFERRED COMPENSATION AND RETIREMENT PRODUCTS AND SERVICES, INCLUDING THE EXECUTION OF DOCUMENTS REQUIRED BY THE SELECTED VENDOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach approved Resolution 82-C on January 5, 1982 adopting the U.S. Conference of Mayors Deferred Compensation Program and their attendant investment options by entering into an Administrative Service Agreement; and WHEREAS, this established a Deferred Compensation Program for the City of Boynton Beach for voluntary participation of all eligible City employees, elected officials and independent contractors; and WHEREAS, the U.S. Conference of Mayors has ended their relationship with its vendor, Nationwide Life Insurance Company and entered into an agreement with Great-West as the Program Vendor for deferred compensation and retirement solutions, which requires the City to enter into a new Local Government Administrative Agreement; and WHEREAS , the City Commission of the City of Boynton Beach, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to execute a Local Government Employer Administrative Agreement. 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. 269 of 1102 Section 2. The City Commission of the City of Boynton Beach, hereby approves and authorizes the City Manager to execute a Local Government Employer Administrative Agreement with U.S. Mayor Enterprises, Inc., to participate in their deferred compensation and retirement products and services, including authorizing the execution of documents by the selected vendor, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 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) 270 of 1102 271 of 1102 272 of 1102 273 of 1102 274 of 1102 275 of 1102 276 of 1102 277 of 1102 278 of 1102 279 of 1102 280 of 1102 281 of 1102 282 of 1102 283 of 1102 284 of 1102 SM UNITED STATES CONFERENCE OF MAYORS RETIREMENT PROGRAM LOCAL GOVERNMENT EMPLOYER ADMINISTRATIVE AGREEMENT THIS LOCAL GOVERNMENT EMPLOYER ADMINISTRATIVE AGREEMENT (“Agreement”) is executed by and between U.S. Mayor Enterprises, Inc. (“USME”), a wholly owned subsidiary of the United States Conference of Mayors (“USCM”) of Washington, D.C.; and ______________________________________ (“Local Government Employer”) on ___________________, 20___. I. THE PROGRAM: The United States Conference of Mayors Retirement Program (“Program”), established in 1977, offers deferred compensation and retirement solutions to cities and other local government agencies and to their employees, with the intent that our cities realize the benefits derived from a retirement program, including enhanced employee morale and a more secure workforce, and providing for the employees’ financial security. The Program is sponsored by The United States Conference of Mayors, whose primary purpose is acting on behalf of, and seeking the betterment of, cities in the United States. The Program assists cities and their employees in establishing an increased measure of financial security for the future, providing cities with a way to help employees help themselves by taking advantage of financial and tax incentives to build a secure foundation for retirement. II. MARKET REVIEW PROCESS: USME, a municipal advisor registered with the Municipal Securities Rulemaking Board, periodically conducts market surveys and reviews of financial institutions and retirement services companies (“companies”), and, based upon an evaluation of administrative abilities and experience, selects the company or companies (each individually a “Program Vendor”) that offer deferred compensation and retirement products and services considered attractive and competitive based upon a combination of costs, benefits and services. Based on its surveys and reviews, USME may select additional (and may deselect) companies from its list of Program Vendors. As a participant in the Program, Local Government Employer will be given the opportunity to access the products and engage the services of selected Program Vendors. It is contemplated that each Program Vendor would present to Local Government Employer a package of documents offering an array of products and services, prepared by the Program Vendor and reviewed by USME for use in connection with the Program (“Program Documents”). The Program’s intent is that Local Government Employer’s engagement of a Program Vendor will offer substantial benefits and efficiencies. However, Local Government Employer may participate in the Program and obtain the benefits of USME’s survey and review of companies even if Local Government Employer retains the services of a vendor that is not a Program Vendor. 285 of 1102 III. PROGRAM COORDINATOR: USME, as Program Coordinator, has general administrative oversight of the Program. In addition to conducting the above-mentioned surveys and reviews, USME provides the additional services described below. IV. LOCAL GOVERNMENT EMPLOYER CONSIDERATIONS: Local Government Employer recognizes that retirement planning is important to the financial security of Local Government Employer employees and that retirement programs are based upon the principle of providing long term financial security to employees. Local Government Employer recognizes USME’s experience and contribution to the design, implementation and administration of programs carrying out the purposes of USCM, and serving the betterment of the nation’s cities. Local Government Employer recognizes the economies of scale and other benefits of USME’s establishment of the Program, focused upon the needs of cities and their employees, and availing to the cities the benefit of a consolidated purchasing power. Local Government Employer acknowledges having taken the appropriate steps to adopt this Program. V. USME RESPONBILITIES : A. USME has oversight of the Program and has selected one or more Program Vendors pursuant to Part VI, below. B. USME will deliver to Local Government Employer the Program Documents, as prepared by and to be maintained by the Program Vendor. C. USME will arrange and provide for employee educational programs to make certain all interested Local Government Employer employees have the opportunity to receive a thorough understanding of the overall Program and its advantages. D. USME will periodically conduct market surveys and reviews designed to identify a competitive combination of product performance, costs, benefits, and services for cities and their employees. 286 of 1102 E. USME will periodically review the administrative, operational and financial performance of the selected Program Vendors and may take such measures necessary to assure Local Government Employer and its employees the high quality of Program benefits and services. The actions necessary to assure high quality of benefits and services may include adding additional vendors, negotiating for different services, or the removal of unsatisfactory vendors. F. USME will inform Local Government Employer of any changes made to the Program in a timely manner. VI. PROGRAM VENDORS: Although Local Government Employer will contract directly with Program Vendors, USME will make available Program Documents prepared by Program Vendors and designed especially for the Local Government Employer market. For specific offerings, please see the attachment(s) to this Agreement. Under the Program, it is contemplated that the Program Vendors will: A. Draft and maintain the Program Documents. B. Provide a comprehensive administrative service system to facilitate employee deferrals, reconciliations, disbursements to the investment media, and maintenance of the individual and Local Government Employer account records; provide periodic statements and coordinate employee distributions; assure proper tax reporting systems; and be responsible for any amounts owing to USCM and USME. C. Provide such accounting and audit systems as are necessary to ensure the fiscal integrity of the Program and to provide Local Government Employer with reports and work papers as are reasonably necessary to meet Local Government Employer’s individual financial reporting requirements. D. Provide such employee communications materials and other forms, documents and agreements as are necessary to administer the Program. E. Provide Local Government Employer and its employees such convenience and timeliness of individual services as are required for effective employee understanding of participation in the Program. F. Provide Local Government Employer with such technical assistance as is necessary to implement the Program in accordance with the needs and objectives of Local Government . Employer’s requirements VII. LOCAL GOVERNMENT EMPLOYER RESPONSIBILITIES: In connection with its participation in the Program, Local Government Employer hereby: 287 of 1102 A. Agrees to provide USME its full cooperation and support in administering the Program. B. Agrees to disseminate from time to time such promotional materials as provided by a Program Vendor. C. Agrees to arrange for representatives of the Program to conduct orientation meetings with Local Government Employer employees. D. Agrees to name a Local Government Employer official or committee to act as the primary contact on behalf of Local Government Employer on all material matters relating to activities of the Program. E. Agrees to assist USME and the Program Vendors, as necessary, in the development of comprehensive investment and service specifications. F. Appoints USME as its agent and attorney-in-fact for the purpose of reviewing and obtaining from any selected Program Vendor the vendor selected by Local Government Employer to administer its retirement program (including, without limitation, any non- Program Vendor) any and all information, data and documentation (“Local Government Employer Information”) relating to Local Government Employer’s deferred compensation and retirement programs . Such Local Government Employer Information may be used for any and all purposes relating to (1) USME’s performance of its services pursuant to this Agreement; and (2) developing statistical information in connection with deferred compensation and retirement programs of the nation’s cities. USME also may share Local Government Employer Information with any Program Vendor for the purposes of offering the Program Vendor’s services to Local Government Employer, developing a more attractive or competitive product, or assisting Local Government Employer in transitioning from its current Vendor to a new Program Vendor. Notwithstanding the foregoing, USME may not share any private information regarding individual Local Government Employer employees except in connection with transitioning to a new Program Vendor at the direction of Local Government Employer. VIII. MISCELLANEOUS: A. USCM sponsors, and USME administers, the Program on behalf of, and for the benefit of, a wide variety of cities. The Program Vendor selections are aimed at achieving optimal results for the greatest number of participating cities. Each selection may not be the most advantageous for a particular Local Government Employer. Each individual Local Government Employer must decide whether selection of a specific Program Vendor is appropriate for its particular situation. 288 of 1102 B. If USME or a Program Vendor unsatisfactorily performs the responsibilities and services pursuant to this Agreement and the Program Documents, the Local Government Employer shall give notice, at the address specified below, to both USME and the Program Vendor specifically stating the nature of USME’s or the Program Vendor’s failure to perform. If the specified default is not corrected within one hundred eighty (180) days following the notice of default by the Local Government Employer, the Local Government Employer may terminate this Agreement, or terminate the Program Vendor. Termination of a Program Vendor pursuant to the terms of Program Documents shall not, by itself, terminate this Agreement. C. This Agreement shall be interpreted under the substantive laws of the District of Columbia. D. Notice Addresses: I. U.S. Mayor Enterprises, Inc. 1620 Eye St, NW Washington, DC 20006 E. Program Vendor – See attached Local Government Employer Contract Administrator {To be provided by Local Government Employer} F. This Agreement is effective upon the date first written above until terminated by mutual agreement of the parties or in accordance with Paragraph B of this Part VIII. LOCAL GOVERNMENT EMPLOYER U.S. MAYOR ENTERPRISES, INC. Local Government Employer Kathryn Kretschmer- Weyland Representative Chief Operating Officer Date Date 289 of 1102 ATTACHMENT A- DEFERRED COMPENSATION The Program currently offers a Deferred Compensation Program under section 457 of the Internal Revenue Code of 1986. The intent of this 457 plan is to provide for additional retirement income through the deferral of before tax dollars and the reduction of current income tax liability thus offsetting the effects of inflation on their ultimate retirement benefits. The Program Vendor selected for the Deferred Compensation Program is Great-West Life & Annuity Insurance Company (“Great-West.”) Great-West shall adhere to all requirements outlined in Section VI of this Agreement. Great-West has been selected as the Program Vendor for deferred compensation through September 30, 2022 providing Great-West meets the goals and program objectives. The notice address and contact information for Great-West is as follows: Great-West Retirement Services® Charles P. Nelson, President Beverly A. Byrne, Chief Compliance Officer 8515 E. Orchard Rd. 10T2 Greenwood Village, CO 80111 290 of 1102 291 of 1102 292 of 1102 293 of 1102 294 of 1102 295 of 1102 296 of 1102 297 of 1102 298 of 1102 299 of 1102 300 of 1102 301 of 1102 302 of 1102 303 of 1102 304 of 1102 305 of 1102 306 of 1102 6. L CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve and ratify the Collective Bargaining EQUESTED CTION BY ITY OMMISSION Agreement for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC and the City. ER: XPLANATION OF EQUEST The term of the Collective Bargaining Agreement (CBA) for Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 expired on September 30, 2013. The City and the Union began bargaining a successor agreement in August 2013. Bargaining was completed in September 2013. The bargaining unit ratified the successor agreement on October 7, 2013. The term of the successor collective bargaining agreement is October 1, 2013 through September 30, 2014. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the successor agreement (attached) for implementation. Attachments: Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 – CBA Notice of Union Ratification Vote Outcome H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Having a successor agreement in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. 307 of 1102 FI: ISCAL MPACT A three percent (3%) increase to the pay scales is funded in the FY13/14 budget. A: LTERNATIVES Do not approve and ratify the agreement, which would result in maintaining the status quo for the contract period ending September 30, 2013 and return to the bargaining table for further negotiation of this contract. 308 of 1102 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 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1891 FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, 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 International Association of Firefighters, Local 1891 have successfully concluded negotiations for a one (1) year contract; 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 ratify the Agreement and execute the same. 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 ratify the Agreement between the City of Boynton Beach and the International Association of Firefighters, Local 1891 for the period of October 1, 2013 through September 30, 2014, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of October, 2013 . CITY OF BOYNTON BEACH, FLORIDA ______________________________ 309 of 1102 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) 310 of 1102 BOYNTON BEACH FIREFIGHTERS, LOCAL 1891 Monday, October 7, 2013 To; Ray Carter, Fire Chief, Julie Oldbury, Human Resource Director From; Dean Kinser, President Local 1891 Subject; CBA 2013-2014 Ratification Vote The intent of this letter is to advise the City of Boynton Beach that Local 1891 held a meeting on October 7, 2013 for the purpose of conducting a ratification vote referencing the proposed 2013-2014 CBA between the Professional Firefighters of Local 1891 and the City of Boynton Beach. A vote was conducted comprising of a majority quorum of Local 1891’s membership and the proposed negotiated CBA addressed above was officially accepted and passed the ratification vote by the membership of Local 1891. Respectfully Dean Kinser, President Local 1891 311 of 1102 312 of 1102 313 of 1102 314 of 1102 315 of 1102 316 of 1102 317 of 1102 318 of 1102 319 of 1102 320 of 1102 321 of 1102 322 of 1102 323 of 1102 324 of 1102 325 of 1102 326 of 1102 327 of 1102 328 of 1102 329 of 1102 330 of 1102 331 of 1102 332 of 1102 333 of 1102 334 of 1102 335 of 1102 336 of 1102 337 of 1102 338 of 1102 339 of 1102 340 of 1102 341 of 1102 342 of 1102 343 of 1102 344 of 1102 345 of 1102 346 of 1102 347 of 1102 348 of 1102 349 of 1102 350 of 1102 351 of 1102 352 of 1102 353 of 1102 354 of 1102 355 of 1102 356 of 1102 357 of 1102 358 of 1102 359 of 1102 360 of 1102 361 of 1102 362 of 1102 363 of 1102 364 of 1102 365 of 1102 366 of 1102 367 of 1102 368 of 1102 369 of 1102 370 of 1102 371 of 1102 372 of 1102 373 of 1102 374 of 1102 375 of 1102 376 of 1102 377 of 1102 378 of 1102 379 of 1102 380 of 1102 381 of 1102 382 of 1102 383 of 1102 384 of 1102 385 of 1102 386 of 1102 387 of 1102 388 of 1102 389 of 1102 390 of 1102 391 of 1102 392 of 1102 393 of 1102 394 of 1102 395 of 1102 396 of 1102 397 of 1102 398 of 1102 399 of 1102 400 of 1102 401 of 1102 402 of 1102 403 of 1102 404 of 1102 405 of 1102 6. M CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the annual blanket purchase order EQUESTED CTION BY ITY OMMISSION request for an estimated total annual expense of $69,463 to Simplex-Grinnell for fire alarm/sprinkler monitoring, inspections, and service/repairs in various City facilities. Simplex- Grinnell is an authorized vendor via the General Services Administration (GSA) Contract #GS- 07F-0396M. T:O1,2013–S30,2014 ERM CTOBER EPTEMBER ER: Simplex-Grinnell provides fire alarm/sprinkler monitoring, XPLANATION OF EQUEST inspections and service/repairs for various fire alarm systems through the City facilities based on the GSA Contract #GS-07F-0396M effective through June 30, 2017. GSA Contracts have complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements H? The National Fire Protection (NFP) OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Code and the Fire Department require that fire systems be monitored, inspected, and maintained. Failure to meet these requirements would result in receiving violation notifications from the Fire Department and would render the systems ineffective. FI: Funding has been budgeted in FY14 as follows – ISCAL MPACT Facilities Management Account #001-2511-519-49.17 ($62,000) Library Account #001-2612-571-46.20 for the Schoolhouse Museum ($3,100) Utilities Admin Account #401-2821-536-49.17 ($2,249) Utilities West Water Plant Account #401-2811-539-49.17 ($2,114) 406 of 1102 A: Do not award this request and the City issue its own bid for this service. 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N CONSENT AGENDA October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the annual blanket purchase order EQUESTED CTION BY ITY OMMISSION request for an estimated total annual expense of $28,750 to Thyssen-Krupp Elevator for elevator annual inspections and service/repairs in various City facilities. Thyssen-Krupp is an authorized vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042. ER: Thyssen-Krupp provides annual inspections and XPLANATION OF EQUEST service/repairs for seven (7) two-stop elevators and the pricing is based on the TCPN Contract #R5042 that is effective from September 30, 2010 through September 30, 2015. The Cooperative Purchasing Network has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. H? The State of Florida requires that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES elevators be registered annually with a Certificate of Operation and compliance requires that each elevator be under maintenance/service contract and undergo annual testing. Failure to meet these requirements would result in having to lock down each affected elevator at the first floor stop; this would hinder accessibility to the upper floors. FI: Funding is budgeted in Facilities Management Account #001-2511-519- ISCAL MPACT 49.17 ($25,750) and in the Library Account #001-2612-571-46.20 for the Schoolhouse Museum ($3,000). A: Do not award as recommended and the City issue its own bid for these LTERNATIVES services. 604 of 1102 605 of 1102 606 of 1102 607 of 1102 608 of 1102 7. A BIDS AND PURCHASES OVER $100,000 October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the purchase of an Equature Digital Voice EQUESTED CTION BY ITY OMMISSION Recorder for the Police and Fire Communications Center by utilizing the GSA Pricing Contract Number GS-03F-0023T with DSS Corporation for $134,490 (payable over 5 years). ER: The police department is requesting to utilize the GSA Pricing XPLANATION OF EQUEST Contract Number GS-03F-0023T with DSS Corporation, 18311 W. Ten Mile Rd, Southfield, MI 48075 for $134,490 (payable over 5 years) for the purchase of an Equature Digital Voice Recorder for the Police and Fire Communications Center. This purchase is for installation of a digital voice recorder to record all 911 calls and radio traffic that come into the Police and Fire Communications Center. The purchase would be paid over five (5) years payable as follows: Year 1 $28,818 Year 2 26,418 Year 3 26,418 Year 4 26,418 Year 5 26,418 DSS Corporation is a sole source provider for this purchase. DSS is certified to interface with Motorola, is the vendor for our existing system, and does not use resellers. The GSA Pricing procurement procedure has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. 609 of 1102 H? Florida Law Enforcement OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Accreditation Standard CF 33-04 requires all emergency phone and radio traffic to be recorded and stored for at least 30 days. In addition to meeting this standard, recording this traffic provides Police and Fire Communications Supervisors the ability to review calls for quality assurance and training purposes. This purchase is part of the technology requirements for moving Police and Fire Communications from City Hall to Fire Station 5. While we currently have a voice th recorder system, this system is in the 4 year of a 5 year maintenance agreement. The system is configured for recording all 911 calls and radio traffic for the City’s current analog radio system. We are required to upgrade to a digital radio system by 2017 which will make this system inoperable. In addition, under this same agenda we are requesting to purchase MCC7500 Radio Consoles from Motorola which require the Equature Digital Voice Recorder system. FI: The $28,818 will be taken from the Capital Improvement Project ISCAL MPACT Account (302-4122-519-64-02), Capital Improvement Project #1201. DSS Corporation has offered to let the City out of the remaining year of its 5 year maintenance contract, and will allow us to purchase a new system with no penalty. In addition, two payment options were given but after discussion with the Director of Finance, staff is recommending the plan which spread costs evenly over 5 years. A: There are three alternatives to this purchase. The first is to not move LTERNATIVES Police and Fire Communications to Fire Station 5 and wait until the new Police Department is built. This alternative runs the risk of damage to the existing center during a catastrophic event and postpones the inevitable need to purchase the system. The second is to upgrade the current system with new hardware/software. This would cost approx. $70,000 (paid up front) and would only be a temporary fix since there is only 1 year left on the maintenance contract. The last alternative is to consider the second payment option with a larger upfront payment and lower yearly payments the following 4 years. 610 of 1102 611 of 1102 612 of 1102 613 of 1102 614 of 1102 615 of 1102 616 of 1102 617 of 1102 618 of 1102 619 of 1102 620 of 1102 621 of 1102 622 of 1102 623 of 1102 624 of 1102 625 of 1102 626 of 1102 627 of 1102 628 of 1102 629 of 1102 630 of 1102 631 of 1102 632 of 1102 633 of 1102 634 of 1102 635 of 1102 636 of 1102 637 of 1102 638 of 1102 639 of 1102 640 of 1102 641 of 1102 642 of 1102 643 of 1102 644 of 1102 645 of 1102 646 of 1102 647 of 1102 7. B BIDS AND PURCHASES OVER $100,000 October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve utilizing the State of Florida Contract EQUESTED CTION BY ITY OMMISSION Number 425-001-12-1 with Watson Furniture Group Inc. for $170,444.16 for the purchase of 10 dispatch console stations and 19 lockers for the Police and Fire Communications Center. ER: The police department is requesting to utilize the State of Florida XPLANATION OF EQUEST Contract Number 425-001-12-1 with Watson Furniture Group Inc., 26246 Twelve Trees Lane NW, Poulsbo WA 98370, for $170,444.16 for the purchase of 10 dispatch console stations and 19 lockers for the Police and Fire Communications Center. The City expects to be reimbursed for the full purchase price of this purchase from Palm Beach County. E911 call taker furniture is an allowable expense and qualifies for reimbursement under FSS 365.172(9) Emergency Communications Number E911 System Fund. Staff has met with NG911 Planning Coordinator Daniel Koenig with Palm Beach County was consulted on this purchase and confirmed this is an allowable expense. The police department is scheduled to move the Police and Fire Communications Center from City Hall to Fire Station 5 by February 2014. The existing dispatch consoles are 10 years old, 3 years past their typical life span. Some of the current issues with the consoles are: motor units that move the workspace up/down are broken; cable trays have given out resulting in power cables/plugs on the ground under the dispatcher’s feet; equipment is obsolete making upkeep and maintenance near impossible; and workspace is inefficient for dispatch’s needs. In addition, it would be costly to move this outdated equipment to the new facility and damage would likely occur in transition. 648 of 1102 The State of Florida Contract has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The new furniture has been specifically designed and enhanced for housing radio CPUs, CAD CPUs, and 911 equipment. The overall needs of the Police and Fire Communications Center were taken into consideration when selecting a design to enhance operations. In addition, 19 lockers will be used to house personal items for communications personnel. FI: The $170,444.16 will be taken from the Capital Improvement Project ISCAL MPACT Account (302-4122-519-64-02), Capital Improvement Project #1201. While the City will be initially responsible for the costs, E911 call taker furniture is an allowable expense and qualifies for reimbursement under FSS 365.172(9) Emergency Communications Number E911 System Fund. NG911 Planning Coordinator Daniel Koenig was consulted on this purchase and confirmed this is an allowable expense. Koenig is with Palm Beach County and responsible for processing reimbursement requests. Technical Services Manager Douglas Solomon will handle all reimbursement documents once purchase is complete. A: Not to utilize the GSA contract for purchasing these items and the City LTERNATIVES prepare and advertise its own bid documents for these furnishings. 649 of 1102 650 of 1102 651 of 1102 652 of 1102 653 of 1102 654 of 1102 655 of 1102 656 of 1102 657 of 1102 658 of 1102 659 of 1102 660 of 1102 661 of 1102 662 of 1102 663 of 1102 664 of 1102 665 of 1102 666 of 1102 667 of 1102 668 of 1102 669 of 1102 670 of 1102 671 of 1102 672 of 1102 673 of 1102 674 of 1102 675 of 1102 676 of 1102 677 of 1102 678 of 1102 679 of 1102 680 of 1102 681 of 1102 682 of 1102 683 of 1102 684 of 1102 685 of 1102 686 of 1102 687 of 1102 688 of 1102 689 of 1102 690 of 1102 691 of 1102 692 of 1102 693 of 1102 694 of 1102 695 of 1102 696 of 1102 697 of 1102 698 of 1102 699 of 1102 700 of 1102 701 of 1102 702 of 1102 703 of 1102 704 of 1102 705 of 1102 706 of 1102 707 of 1102 708 of 1102 709 of 1102 710 of 1102 711 of 1102 712 of 1102 713 of 1102 714 of 1102 715 of 1102 716 of 1102 717 of 1102 718 of 1102 719 of 1102 720 of 1102 721 of 1102 722 of 1102 723 of 1102 724 of 1102 725 of 1102 726 of 1102 727 of 1102 728 of 1102 729 of 1102 730 of 1102 731 of 1102 732 of 1102 733 of 1102 734 of 1102 735 of 1102 736 of 1102 737 of 1102 738 of 1102 739 of 1102 7. C BIDS AND PURCHASES OVER $100,000 October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the purchase of 5 MCC7500 IP Dispatch EQUESTED CTION BY ITY OMMISSION Radio Consoles from Motorola Inc. in the amount of $264,664 as a sole source purchase. ER: Approve purchase of 5MCC7500 IP Dispatch Radio Consoles XPLANATION OF EQUEST from Motorola Inc. (8000 W. Sunrise Blvd., Plantation, FL 33322) in the amount of $264,664.00, which includes installation and configuration. Motorola Inc. is the sole source provider for this purchase. While there are other vendors who sell radio systems, they are inoperable with our tower site base stations and transmitters. In addition, the mobile and portable radios currently in use citywide require purchase of these radio consoles from Motorola Inc. H? This purchase is part of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES requirements for moving Police and Fire Communications from City Hall to Fire Station 5. Currently, we utilize Motorola Gold Elite Radio Consoles to manage communications for Police, Fire and local government. These consoles allow Communications to rapidly switch between various talk groups, identify the users who initiate transactions, and identify users who set off their Emergency buttons. Additionally, these consoles allow Communications to “patch in” or simulcast radio traffic to other agencies during events that may involve multiple municipalities. The consoles currently in operation use analog technology and are approximately 13 years old. While they are still covered under maintenance, it is becoming increasingly hard to obtain parts for repair should the need arise. While the consoles themselves are simply computers and monitors, they connect to a series of Central Electronic 740 of 1102 Banks (CEBS) that reside in the radio room outside Communications. The CEBS consist of two full size racks, with dedicated cables running to each console. In addition, there are two full size racks holding switching equipment and monitoring computers. End of life for maintenance of this equipment (as well as the base station and transmitters located at the tower site) is scheduled for 2017. This radio equipment is connected to the tower site via fiber optic cable that runs from City Hall to Public Works, where it is then spliced into another fiber optic cable that runs to the radio tower. Although this antiquated equipment can be relocated to Fire Station 5, we would still have to overcome the following obstacles. 1. To move this equipment would take anywhere from 1 to 2 weeks. During this time Communications would operate off mobile radios at the EOC. There would be a significant disruption to communications personnel while technicians and workers install equipment. 2. The physical footprint would require the acquisition of the entire ITS office located at Fire Station 5. 3. This equipment has never been moved, and Motorola has expressed concerns that once it is moved, they may have trouble bringing it back up. While our maintenance agreement does dictate that they repair the equipment and make it operational, we could face long delays in obtaining parts. 4. To move this equipment would require the installation of a dedicated fiber optic cable from the tower site to Fire Station 5. Engineering has estimated the cost to be approximately $225,000. Engineering would have to install the cable along a canal, under I-95 and under the CSX Railroad tracks. This would require obtaining permits from multiple outside agencies and there is no time estimate available for completion. 5. There will be no need for the $225,000 fiber optic cable once the required radio upgrade is complete in 2017. Purchasing MCC7500 IP Dispatch Consoles would provide the following advantages: 1. These consoles use IP technology and would integrate with the base station and transmitters currently located at the tower site. 2. These are the same consoles that would be purchased when the radio system is replaced in 2017 (see attached memo from Motorola). 3. Because these consoles use digital technology, we can connect to the tower with AT&T fiber instead of having to run our own dedicated fiber optic cable. 4. We will reduce our physical footprint at the EOC from 4 racks to 1, saving on power, cooling and cabling costs. 5. The cost of these consoles, including installation, is not significantly higher than running a fiber optic cable from the tower site and then paying Motorola to move the existing radio system. 6. There will be no disruption in our operations. FI: The $264,664.00 will be taken from the Capital Improvement Project ISCAL MPACT Account (302-4122-519-64-02), Capital Improvement Project #1201. A: The first is to not move Police and Fire Communications to Fire Station LTERNATIVES 5 and wait until the new Police Department is built. This alternative runs the risk of 741 of 1102 damage to the existing center during a catastrophic event and postpones the inevitable need to purchase the consoles. The second is to move the existing consoles to Fire Station 5. This option would be costly; damage would likely occur in transition and would result in a significant interruption in our current operations. This would only be a temporary fix as the need to purchase the consoles is inevitable. 742 of 1102 743 of 1102 744 of 1102 745 of 1102 746 of 1102 747 of 1102 748 of 1102 749 of 1102 7. D BIDS AND PURCHASES OVER $100,000 October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-115 - EQUESTED CTION BY ITY OMMISSION Award a Two Year Contract for School Crossing Guard Services, Bid No. 076-2110-13/JMA to Action Labor Management LLC dba Staffing Connections of West Palm Beach, Florida as the lowest, most responsive, responsible bidder meeting all bid specifications for an estimated annual expenditure of $300,000. CP: O20,2013O19,2015 ONTRACT ERIOD CTOBER TO CTOBER ER: Procurement Services issued a bid for School Crossing XPLANATION OF EQUEST Guard Services with a due date of September 9, 2013. Four (4) bids were opened and tabulated; one bid proposal was determined to be “Non-Responsive” due to missing documentation as requested on price proposal sheet. After reviewing the remaining three (3) bids, the Police Department recommends awarding Action Management LLC dba Staffing Connections as the lowest most responsive bidder. Action Management LLC dba Staffing Connections is the City’s current vendor for Crossing Guard Services and the City has been pleased with their performance and responsiveness to the City’s needs. The hourly rate proposed is $12.25 per hour which is lower than what the City is currently paying. Previous years expenditures were: FY 2013 $307,335 FY 2012 $309,000 750 of 1102 H? The City of Boynton Beach Police OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Department maintains a “School Crossing Guard Program” to fulfill the needs of the school children in the City of Boynton Beach. This program provides supervision and safety for children crossing City streets during the school year and during summer school. This contract may be renewed by the Finance Director with the same terms and conditions for three (3) one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. FI: ISCAL MPACT Funds have been included in the FY 2014 budget under line item 001-2110-521-49-17. A: LTERNATIVES Do not award this bid and re-advertise or discontinue providing this service. 751 of 1102 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID #076-2110-13/JMA AND TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES TO ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTIONS OF WEST PALM BEACH, FLORIDA FOR AN ESTIMATED ANNUAL EXPENDITURE OF $300,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On September 9, 2013, four (4) proposals were received and opened by Procurement Services for the two year contract for school crossing guard services with one of the four was determined to be non-responsive for missing documentation; and WHEREAS, staff is recommending the award to Action Labor Management, LLC dba Staffing Connections of West Palm Beach, Florida as the lowest, most responsive, responsible bidder who meets all specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of bid and Two Year Contract for School Crossing Guard Services for Bid #076-2110-13/JMA to Action Labor Management LLC, dba Staffing Connections of West Palm Beach, Florida and does hereby authorize the City Manager to execute an Agreement in the estimated annual expenditure of $300,000.00, a copy of said Agreement is attached hereto and made a part hereof. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of October, 2013. 752 of 1102 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) 753 of 1102 754 of 1102 755 of 1102 756 of 1102 757 of 1102 758 of 1102 759 of 1102 760 of 1102 761 of 1102 762 of 1102 763 of 1102 764 of 1102 765 of 1102 766 of 1102 767 of 1102 768 of 1102 769 of 1102 770 of 1102 771 of 1102 772 of 1102 773 of 1102 774 of 1102 775 of 1102 776 of 1102 777 of 1102 778 of 1102 779 of 1102 780 of 1102 781 of 1102 782 of 1102 783 of 1102 784 of 1102 785 of 1102 786 of 1102 787 of 1102 788 of 1102 789 of 1102 790 of 1102 791 of 1102 792 of 1102 793 of 1102 794 of 1102 795 of 1102 796 of 1102 797 of 1102 798 of 1102 799 of 1102 800 of 1102 801 of 1102 802 of 1102 803 of 1102 804 of 1102 805 of 1102 806 of 1102 807 of 1102 808 of 1102 809 of 1102 810 of 1102 AGREEMENT FOR A “TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES” THIS AGREEMENT, made as of ________________, 2013, by and between the City Of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter “CITY”), and ACTION LABOR MANAGEMENT, LLC d/b/a STAFFING CONNECTION hereinafter (CONTRACTOR) WITNESSETH: WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard program through an independent contractor agreement; and WHEREAS, CONTRACTOR is in the business of providing various labor forces, including, but not limited to, school crossing guard services with appropriate certifications, and WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into as a result of Request for Bid No. 076-2110-13/JMA issued by CITY, and the Proposal of Action Labor Management, LLC/Staffing Connection, dated September 5, 2013 (collectively the “Bid Documents”). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SCHOOL CROSSING GUARDS: CONTRACTOR will provide the school crossing guard and supervisory services necessary to satisfy the requirements of the CITY School Crossing Guard Program in accordance with the specifications and the rates provided in the Bid Documents, copies of which are attached hereto and incorporated herein as Exhibits. The CONTRACTOR will provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: a. Price Proposal with hourly rates for guards and supervisors – Exhibit ‘A’ b. Specifications for a Two Year Contract for School Crossing Guard Services – Exhibit ‘B’ c. Schedule and Locations – Exhibit ‘C’ The CITY reserves the right to require more or less crossing guard services upon three (3) days written notice, specifying its needs. Schedule and locations of services are described in Exhibit ‘C’. 2. DUTY HOURS; DUTY LOCATIONS: CONTRACTOR will provide the personnel described above during school hours and at all posts as deemed necessary by the School Board and the CITY. The CITY has the right to change the duty hours, as well as duty locations, by written directive, which will become effective on the date set forth in such written directive, provided that such date will not be sooner than three (3) business days from the date of the written directive. 811 of 1102 3. CONSIDERATION: CONTRACTOR will be compensated for the services provided hereunder in accordance with the hourly rate set forth in Paragraph 1. CONTRACTOR will be solely responsible for and will provide for the payment of workers compensation insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations; all labor contract compliance and all other charges. Action Labor Management, LLC d/b/a Staffing Connection is being retained as an Independent Contractor and acknowledges this Agreement does not create any employment relationship with the CITY. The CITY will bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. CONTRACTOR acknowledges that the CITY is contracting for the full crossing guard services for the hours and at the described posts as stated in this Agreement. This Agreement requires that qualified personnel service be at each post during the prescribed post hours. 4. TRAINING AND SUPERVISION: CONTRACTOR will be responsible for furnishing, training and certification of each of the personnel set forth in Paragraph 1 (a). CONTRACTOR represents that it is a qualified trainer and will provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification will perform services for the CITY hereunder by Action Labor Management, LLC d/b/a Staffing Connection will have, at all times during the term hereof, at its ready disposal, backup personnel. The CITY will pay the rate as set forth in Paragraph 1 for actual training and retraining of applicable personnel. CONTRACTOR will provide the services as set forth in composite exhibits. 5. UNIFORM: The CITY will turn over all equipment after inventory to CONTRACTOR for continued usage throughout the term of this Agreement. All personnel will wear dark slacks, skirts or shorts and a white top with appropriate identification badge. At all times during the performance of their duties, all personnel will dress in a clean and neat manner. CONTRACTOR will assume equipment replacement responsibility as needed. 6. CONDUCT; CHANGE OF PERSONNEL: At times when such personnel are working in the CITY whether or not on duty, such personnel will conduct themselves in a manner which will not bring disrespect upon the CITY or the CONTRACTOR, or call into question the competence or demeanor of such person relative to the performance of the School Crossing Guard Service, which, by its nature, requires such personnel to come into contact with minors. The CITY reserves the right to require the change of any personnel upon not less than three (3) business days written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and location of the post location. 7. DUTY ROSTER: CONTRACTOR will provide the CITY with the names of all personnel, and the location of such individual’s post location. Such roster will be provided on a weekly basis as of Friday of the week preceding. 8. TERM: This Agreement will commence on the _____day of _________ 2013 and include the period from the Commencement Date through the last day of the academic school year according to the School District of Palm Beach County, Florida for the 812 of 1102 The contract will be for two (2) years, with the remaining part of the school year. option to renew the contract, at the same terms and conditions, for a maximum of three (3) additional one year periods subject to vendor acceptance, and satisfactory performance, and determination that renewal will be in the best interest of the CITY. Option to renew should be provided in writing pursuant to the notice provision thirty (30) days prior to the end of the contract period. 9. BILLING: CONTRACTOR will provide an invoice to the CITY no more frequently than once per month. Each invoice will be accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individual’s employee time card. The time sheet must list each guard by name, location, pay rate, bill rate and daily hours worked. 10. TERMINATION: Either party may terminate this Agreement on written notice, provided that the services hereunder will not be terminated until thirty (30) days subsequent to the date of such written notice. 11 INSURANCE: Contractor will provide liability insurance coverage, written with such insurance carriers as the CITY will reasonably approve, for personal injury and property damage. Comprehensive General Liability Insurance must be written on the comprehensive form of policy. The policy must contain minimum limits of liability as follow or $1,000,000 Combined Single Limit; Bodily Injury of $1,000,000 and Property Damage of $500,000 each occurrence. Employer’s Liability Insurance requires $1,000,000, and Workers Compensation insurance statutory requirements. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than “B+” as to management, and no less than “Class V” as to strength by the latest edition of Best’s Insurance Guide, published by A.M. Best Company, or its equivalent, or the company must hold a valid Florida Certificate of Authority as shown in the latest “List of All Insurance Companies Authorized or Approved to do Business in Florida”, issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Prior to commencement of work, Contractor shall submit a Certificate of Insurance naming the City as “additional insured”. 12. INDEMNIFICATION: CONTRACTOR agrees to indemnify, defend, and save harmless the CITY, its officers, agents, and employees, from and against any and all liability, claims, demands, or damages, caused by any negligent act, omission, or misfeasance, connected with the performance of this Agreement, whether by act or omission of CONTRACTOR, its agents, servants, employees or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance of the CITY or its agents and employees. Nothing herein will constitute a waiver by CITY of the protections, immunities, and limitations of liability afforded CITY under Section 768.28, Florida Statutes. 13. NON-ASSIGNABILITY: This Agreement or any portion hereof will not be assigned or transferred by either party without the written consent of the other party. 813 of 1102 14. CONSTRUCTION: This Agreement and the terms hereof will be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction will lie in Palm Beach County, Florida. 15. JOINT PREPARATION: The preparation of this Agreement has been a joint effort of the parties, and the resulting document will not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. 16. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which will constitute one and the same Agreement. 17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms will be deemed incorporate herein by reference. 18. NOTICES: Except as provided above, whenever either party desires to or must give notice to the other, it must be given by written notice, sent by certified U.S. Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: Notices to the City of Boynton Beach will be sent to the following address: Boynton Beach Police Department 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 ATTN: Lt. Joseph DeGiulio, Contract Administrator Notices to Bidder will be sent to the following address: Action Labor Management, LLC d/b/a Staffing Connection 624 Nottingham Road West Palm Beach, FL 33405 ATTN: Ms. Karen A. Hoover 19.In the event of any conflict between any provisions of this Agreement and any provisions in the exhibits hereto, the parties agree that the provisions of this Agreement are controlling. 20. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 814 of 1102  Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service;  Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law;  Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and  Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 10. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH By: __________________________ ATTEST: Lori LaVerriere, City Manager ________________________ Janet Prainito, City Clerk APPROVED AS TO FORM: By: __________________________ City Attorney Signed, Sealed, and delivered In the presence of: _________________________________ ACTION LABOR MANAGEMENT, LLC d/b/a STAFFING CONNECTION _________________________________ BY:_______________________________ 815 of 1102 Print Name _________________________________ _________________________________ Print Name _________________________________ Title:______________________________ Print Name (CORPORATE SEAL) ATTEST: ________________________________ Secretary 816 of 1102 EXHIBIT ‘A’ 817 of 1102 EXHIBIT ‘B’ 818 of 1102 EXHIBIT ‘C’ 819 of 1102 820 of 1102 821 of 1102 822 of 1102 823 of 1102 824 of 1102 825 of 1102 826 of 1102 7. E BIDS AND PURCHASES OVER $100,000 October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a Three Year Extension to the Processing EQUESTED CTION BY ITY OMMISSION Agreement between Sun Recycling, LLC (SUN) and the City of Boynton Beach for the transfer of recycling material to include yard waste, mixed recyclables and construction and demolition debris. RP#1: O1,2013S30,2016 ENEWAL ERIOD CTOBER TO EPTEMBER ER: The City Commission approved an interlocal agreement with XPLANATION OF EQUEST Solid Waste Authority to deliver municipal solid waste to designated facilities and for the operation of a recycling program in 2009, R09-155. Subsequent to this interlocal agreement the City Commission approved a Processing Agreement between Sun Recycling, LLC, 790 Hillbrath Drive, Lantana, Florida and the City of Boynton Beach for the purpose of processing the City’s bulk trash material (wood, plastic, metal) and providing the LEED certification needed for reporting recycling activity to the State (Resolution No. R10-133). The SUN facility in Lantana is fully permitted and licensed by the Solid Waste Authority of Palm Beach County (SWA), Palm Beach County Health Department, and the Florida Department of Environmental Protection. The facility is considered a designated facility by SWA. The Processing Agreement expired on September 30, 2013 but provides the City with the option to renew for two (2) additional three-year periods. The Public Works Solid Waste Division has been very pleased with the service provided by SUN and would like to extend the Processing Agreement for an additional three-year period. 827 of 1102 The previous year’s expenditures were as follows: FY 2013 $354,317.00 FY 2012 $230,490.00 H? SUN assists the City in receiving OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES appropriate recycling credits from the SWA and provides required documentation, filings, and confirmation of the City’s documentation of its recycling credits. FI: SUN Recycling Facility has indicated that the rate for construction and ISCAL MPACT demolition debris will be $12.50 per cubic yd. or $40.00 per ton, whichever is lower. The Solid Waste Authority’s current rate is $45.00 per ton. Funds have been included in the FY2014 budget for this expense under account number 431- 2515-534-34-62. A: Do not renew this agreement LTERNATIVES 828 of 1102 829 of 1102 830 of 1102 831 of 1102 832 of 1102 833 of 1102 834 of 1102 835 of 1102 836 of 1102 837 of 1102 838 of 1102 839 of 1102 840 of 1102 7. F BIDS AND PURCHASES OVER $100,000 October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-116 - EQUESTED CTION BY ITY OMMISSION Approve the piggyback of City of Pompano Beach Bid #H-50-13 with Yamaha Golf Cart Company for the purchase of Eighty-Five (85) 2014 Yamaha Electric Golf Carts and Four (4) Electric Ranger Cars for a net purchase price of $298,325 after trade-in allowance for our current golf carts and authorize the City Manager to execute financing documents for 48 month financing with a $1 per cart buyout at the end of the lease term. ER: Recently staff at the Links Golf Course completed a review XPLANATION OF EQUEST of existing equipment and has determined that most of the current golf carts range from 8-10 years old. Given the advanced age of the golf carts, of which the normal lifespan is 3-4 years, the Golf Course is experiencing severe maintenance issues with golf carts breaking down on the course daily and many being out of service longer than is acceptable. The Golf Course staff is working diligently in all areas from maintenance to marketing in order to bring the Golf Course back up to its award winning condition and status. In order to run a top quality Golf Course the most appropriate action would be to replace all carts and finance them over a four (4) year period. Currently the Golf Course has Club Car electric carts and this purchase would remain with electric carts and only change the brand of cart to Yamaha which is an acceptable alternative for our golf patrons. The bid provides for a purchase price of $3,800 per cart for a total purchase price of $338,200.00 and allows for a trade-in amount of $39,875.00 for the current 90 Club Car and 5 ranger cars resulting in a net purchase price of $298,325.00 that the City would be looking to finance. 841 of 1102 Yamaha Golf Cart Company has offered a 48 month Net Municipal Lease/Purchase with a $1.00 per cart buyout at the end of the term. The Lease/Purchase has a municipal interest rate of 4.2% and monthly per cart payment would be $75.70 or approximately $6,737 per month for all the golf carts being purchased. The Finance Department has inquired with Bank of America, the City’s vendor for banking services and they have informed us that they would be unable to offer us any competitive financing because golf carts are considered non-essential for governmental operations and the overall dollar amount is too small. The Finance Department is currently contacting another funding source and is awaiting their response, if their financing terms are more favorable than Yamaha Golf Cart Company the City would execute financing documents with that vendor. The City of Pompano Beach has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. H? By replacing the golf cart inventory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES it will provide new golf carts for the patrons to use, enhancing the overall image of the Golf Course and improving the rate of play, along with reducing the maintenance costs that the Golf Course has experienced in recent years. FI: The impact will be the Golf Course Fund having an estimated annual ISCAL MPACT payment of $80,847 for the next four (4) years and will be funded from reserves for golf cart purchases in the Golf Course Fund. A: If we do not piggyback this bid and the City has to go through its own LTERNATIVES formal bid process that will delay the replacement of Golf Carts by at least 3-6 months, the season will be over and we run the risk of losing players due to ugly, unreliable golf carts. 842 of 1102 RESOLUTION NO. R-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY- BACKING OF THE CITY OF POMPANO BEACH BID #H-50-13 WITH YAMAHA GOLF CART COMPANY AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE FINANCING DOCUMENTS FOR 48 MONTH FINANCING FOR A NET PURCHASE PRICE OF $298,325.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, staff at the Links Golf Course completed a review of existing equipment and has determined that most of the current golf carts range from 8-10 years old with severe maintenance issues and break downs on the course daily; and WHEREAS , in order to bring the Golf Course back up to its award winning condition and run a top quality Golf Course it would be appropriate to replace all carts and finance them over a four (4) year period; and WHEREAS , the City of Pompano Beach has complied with public competitive bid requirements that equal or which exceed Boynton Beach’s bid requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the piggy-backing of the City of Pompano Beach Bid #H-50-13 with Yamaha Golf Cart Company for the purchase of eighty-five (85) 2014 Yamaha Electric Golf Carts and four (4) Electric Ranger Cars for the net purchase price of $298,325.00. Section 3. The City Manager is authorized to execute the financing documents for 48 month financing with a $1.00 per cart buyout at the end of the term. 843 of 1102 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of October, 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) 844 of 1102 Proposal Expressly Prepared For The Links of Boynton Beach The Links of Boynton Beach Golf Course Municipal “Piggy Back” from City of Pompano Beach GC October 9, 2013 City of Boynton Beach, I really wanted to thank you for the opportunity to submit this proposal for new Yamaha golf cars at your facility. Our desire is to not only provide you with the best product and service in the industry, but to also form a lasting business partnership for many years to come. This proposal should include everything you requested, but if you would like to change or customize a few things to better fit your needs please give me a call. This proposal is based off of the same pricing on the new 2014 Yamaha Golf Car “Drive” electric model used for the accepted bid at The City of Pompano Beach Golf Course. The only variable would be the trade-in golf cars and model year. I know that both Yamaha Golf-Car Company and I can exceed your expectations, and once again I appreciate your time and consideration. Sincerely, Tommy Dee Tommy Dee District Manager – East Florida Yamaha Golf-Car Company 561.598.9518 - Cell 561.626.2505 - Fax 845 of 1102 The Links of Boynton Beach Golf Club Golf Club October 9, 2013 Eighty (89) 2014 Yamaha 48-volt Electric Drive golf cars equipped with a 3.5 horsepower Hitachi motor that is high quality, highly efficient, and whisper quiet. The industry first EnduraDrive transaxle is essentially maintenance free and eliminates the need for brake drums and shoes. The cars also feature automotive, ladder style, HybriCore Chassis consisting of a 100% robotically welded steel frame, protected by an 18 step paint process, with a polypropylene structural floor that is 2.5 times stronger than our previous model yet is also 20% lighter. Not only built for durability, but also comfort, the Drive features the largest and most comfortable contoured seat, the largest sweater basket, largest bag well and the largest canopy top in the industry. With the largest area of entry and egress, an automotive style dash, and a fully independent Tru-Trak II front suspension the Drive is designed to meet all of your customer’s needs. Standard Features Included Sweater Basket ClimaGuard Top with Dual Rain Gutters Sentry Wraparound Protection System Energy absorbing 5 MPH bumpers Thermoplastic Olefin Body Six (6) Eight Volt Trojan T875 Batteries Maintenance free Rack and Pinion Steering Perma-lubed, sealed ball bearings Self- adjusting Internal Braking SystemYamaha Built Battery Charger Coil Springs Over Hydraulic Shock Absorbers Genius Diagnostic System Maintenance Free Internal Transaxle Disc Brake Four (4) Cup Drink Holder Optional Equipment Included 846 of 1102 Fold Down Windshield Information Holder Fleet Numbers (2 per car) Club Logo Hubcaps Rear Bag Cover Sand Bucket Kit (2 per car) Trojan Battery Water Fill System Color: Glacier White 85 cars De-Ionizer Water Filter System Color: Blue, Hunter or Garnet 4 Ranger Cars Four (4) cars with 3 sided weather enclosure 847 of 1102 Purchase Quotation Includes all standard and optional equipment listed in previous page New 2014 Yamaha Drive Electric Cars QTY MODEL UNIT PRICE TOTAL 85 DRIVE -E White $ 3,800.00 $323,000.00 04 DRIVE – E $ 3,800.00 $ 15,200.00 (Choice of color: Garnet, Blue or Hunter) Total $338,200.00 TRADE-INS QTY MODEL UNIT PRICE TOTAL 95 Club Car Golf cars $ 39,875.00 (To Include: 90- 2006 DS, and Five (5) Various Club Car Ranger cars) Total $ 39,875.00 Total Fleet Car $338,200.00 Total Trades ($ 39,875.00) Net Total Cost $298,325.00 ______________________________________________________________________ __________ Please allow 45 Days from time of order for delivery If the proposal is acceptable under the above terms please sign and date Tommy Dee Accepted by: __________________________ Date: _____________ Accepted by: ________ 848 of 1102 City of Boynton BeachYamaha District Manager Accepted by: __________________________ Date: _____________ _____________________________ Yamaha Regional ManagerDate The Links of Boynton Beach The Links of Boynton Beach Golf Club October 9, 2013 Forty-eight (48) Month $1.00 buy Lease/Purchase Yamaha Golf Company is pleased to offer The Links of Boynton Beach GC the following quote for new 2014 Yamaha Fleet golf cars. The new fleet package is offered with Yamaha Motor Commercial Finance Company lease with new 2014 Drive electric golf cars. (pending credit approval) Fleet Package – 48 month $1.00 Lease/Purchase lease options: (Net of Trades) Eighty-nine (89) – New 2014 Yamaha Fleet Golf Cars in Glacier White and Four (4) Ranger cars: equipped with all standard equipment plus the following accessories: Climaguard Tops Rear Bag Covers Wheel Covers Information Holders Fleet Numbers (1-89) Split Windshield Trojan HydoLink System Sand Bucket Kit (2) per car Club Logo 3 side weather enclosure – (4 Ranger cars) Term Model Per Car Per Month Monthly Buy out 48 month Drive $75.70 $6,737.30 $1.00 per car Trade in amount of $39,875.00 applied to lower monthly payment. ** Includes property taxes. 849 of 1102 Tommy Dee_____ Approved: __ Accepted: ______________________ City of Boynton Beach Tommy Dee District Manager – East Florida Date: ____________ Yamaha Golf-Car Company Yamaha Standard Factory Warranty Company hereby warrants that any new YDRA gas or YDRE electric Yamaha golf car purchased from an authorized Yamaha golf car dealer in the United States will be free from defects in material and workmanship for FOUR years from date of purchase, subject to the stated limitations. DURING THE PERIOD OF WARRANTY any authorized Yamaha golf car dealer will, free of charge, repair or replace, at Yamaha’s option, any part adjudged defective by Yamaha due to faulty workmanship or material from the factory. Parts used in warranty repairs will be warranted for the balance of the vehicle’s warranty period. All parts replaced under warranty become property of Yamaha Golf-Car Company. GENERAL EXCLUSIONS from this warranty shall include any failures caused by: Abnormal strain, neglect, or b. abuse, including lack of proper maintenance, and use contrary to the Owner’s/Operator’s Manual instructions. c.d. Accident or collision damage. Installation of parts or accessories that are not original equipment. Fading, rust, e. or deterioration due to exposure or ordinary wear and tear. Modifications or alterations that affect the car’s condition, operation, performance, or durability, or which makes the car serve a purpose other than use as a two- f.g. person, golf course vehicle. Damage due to improper transportation. Acts of God, i.e. lightning, hail damage, flooding, fire, etc. WARRANTY COVERAGE: Year 1: The first year of warranty shall cover the entire vehicle except for the Specific Exclusions below. Year 2: The second year exclusions are the YDRA battery, body parts, seats, mats, bumper assembly, bag carrier, scorecard holder, trim, and the Specific Exclusions below. Year 3: The third year exclusions include the second year exclusions, plus the control cables and electrical system (except electronic speed controller, battery charger, and electric motor), and the Specific Exclusions below. Year 4: The fourth year of the warranty covers only the electric motor, speed controller, battery charger, and transaxle on the YDRE and the engine, clutch system (except drive belt), and transaxle on the YDRA. SPECIFIC EXCLUSIONS: Specific exclusions from this warranty shall include the following: � Any parts replaced due to normal wear or routine maintenance, including oil and air filter elements, tire wear, spark plugs, starter and clutch drive belts. � Any charges incurred in transporting a golf car or charger to and from an authorized Yamaha golf car dealer for service or in performing field service are also excluded from this warranty. � Gasoline powered golf car starting batteries on vehicles equipped with a golf course GPS device, or any other device with a high parasitic current draw, unless the vehicle is equipped with an optional factory installed deep cycle starting battery. I have read and agree to the above conditions set forth in the Warranty ________ Initial 850 of 1102 YAMAHA FOUR-YEAR LIMITED BATTERY WARRANTY Yamaha Golf-Car Company hereby warrants to the original Retail Purchaser or Lessee or a Yamaha YDRE golf car, PTV or electric utility vehicle from an Authorized Yamaha Dealer, that the Trojan batteries charged with a Yamaha battery charger will be free for defects in material and workmanship, and will provide “36-hole performance” for a period of 4-years or 21,500 amp hours or 4-years and 23,000 amp hours (with the addition of a factory installed Trojan Hydrolink Battery Watering System) discharged from date of purchase, subject to the terms and conditions of the complete warranty within the warranty. A copy of the complete warranty has been included with this Proposal via email or print form. I have read and agree to the above conditions set forth in the Warranty ________ Initial Trades **All trades and chargers, (if applicable), must be in normal operating condition at the time of the new car delivery. Any car not running or having any excess damage beyond normal wear and tear will be charged to the club. 851 of 1102 852 of 1102 853 of 1102 854 of 1102 855 of 1102 856 of 1102 857 of 1102 858 of 1102 859 of 1102 860 of 1102 861 of 1102 862 of 1102 863 of 1102 864 of 1102 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement in case of Morton EQUESTED CTION BY ITY OMMISSION Goldstein v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Michael Burke, Johnson, Anselmo, Murdoch et al Plaintiff Counsel: Barry S. Balmuth, P.A. Summary: On July 6, 2011, Mr. Goldstein, Part Time Library Page, requested a four (4) month leave of absence for a medical procedure he scheduled for July 25, 2011. Mr. Goldstein was not eligible for leave in accordance with the provisions of the Family and Medical Leave Act (FMLA). Mr. Goldstein requested consideration for a Leave of Absence in accordance with the City’s Personnel Policy Manual. During the months leading up to July, budgetary layoffs were being discussed, and the Library was among those City departments identified for implementing staff reductions. As a result, Mr. Goldstein’s request for a Leave of Absence was denied due to the negative effects it would have on the Library’s operations. Employees affected by the reductions in force throughout the City were notified on July 27, 2011. Due to Mr. Goldstein occupying a position within one of the classifications scheduled for layoff, coupled with his inability to report to work for an extended time for recovery from his medical procedure, his employment was separated on July 26, 2011. Mr. Goldstein filed a lawsuit with the United States District Court’s Southern District of Florida, West Palm Beach Division claiming that his termination was improper. The City 865 of 1102 has denied any wrong-doing. Michael Burke, Esquire, was designated to represent the City in this matter. As with all litigation, mediation was conducted to determine if the case could be settled without having to incur the cost and risk of litigation. A tentative settlement was reached, wherein Mr. Goldstein has agreed to settle his claims against the City for the total sum of $59,500, subject to Commission approval. The City has denied wrong-doing (see attachment). H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Recommendations for settlements of claims of this nature are part of the ongoing responsibilities of the Human Resources and Risk Management Department. FI: ISCAL MPACT Settlement monies will be charged to the Risk Management Budget line item 522-1710- 519-49.20 - Self Insured Losses for first and third party claims. A: LTERNATIVES This settlement offer becomes void if not approved by City Commission at this October 15, 2013 meeting. Should this settlement offer be rejected by City Commission, the City will incur costly continued litigation charges in defense of this case, which are estimated to far exceed the settlement amount. 866 of 1102 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerriere, City Manager THRU: Julie Oldbury, Director of Human Resources & Risk Management FROM: Pam Webb, Risk Administrator DATE: October 3, 2013 SUBJECT: Morton Goldstein v. City of Boynton Beach Date of Loss: X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 203,000 Final: $ 100,000 Offer : Original: $ 2,500 Final: $ 59,500 SETTLEMENT$ 59,500 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 10,446.38 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 125,000 : $ 100,000 JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : In July 2011, the City was unable to approve a four (4) month Leave of Absence requested by Mr. Goldstein, Part Time Library Page, who was not eligible for leave under the Family and Medical Leave Act (FMLA). Due to his inability to report to work for an extended period of time, coupled with the Library being required to make budgetary staffing reductions, Mr. Goldstein’s employment was separated on July 26, 2011. 867 of 1102 868 of 1102 869 of 1102 870 of 1102 9. A PUBLIC HEARING October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request for Master Plan Modification (MPMD 13- EQUESTED CTION BY ITY OMMISSION 001) and Conditional Use (COUS 13-002) approval intended to allow construction of a freestanding restaurant with drive-through facility consisting of 2,024 square feet; and related site improvements at the Cross Creek Centre, 1301 West Boynton Beach Boulevard, within a PCD (Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek TH Boynton, LLC. (TABLED ON SEPTEMBER 17) ER: Victor Yue, agent for owner Cross Creek Boynton, LLC is XPLANATION OF EQUEST requesting Master Plan Modification to allow construction of a freestanding restaurant (2,024 square feet) and related site improvements; adjustment of the parking layout; an update to the façades of the existing buildings, including a new color palette; and additional perimeter landscaping; and requesting Conditional Use approval for a drive- through facility in conjunction with the proposed restaurant. The Planning & th Development reviewed the subject request on September 24 and forwards the request with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The proposed new building will generate approximately $2,400 in ISCAL MPACT additional ad valorem taxes annually for the shopping center. The difference in other revenues is negligible. A: To not approve the proposed master plan modification and conditional LTERNATIVES use, thereby leaving an older shopping center in its current condition. 871 of 1102 872 of 1102 873 of 1102 874 of 1102 875 of 1102 876 of 1102 877 of 1102 878 of 1102 879 of 1102 880 of 1102 881 of 1102 882 of 1102 883 of 1102 884 of 1102 885 of 1102 886 of 1102 887 of 1102 888 of 1102 889 of 1102 890 of 1102 891 of 1102 892 of 1102 893 of 1102 894 of 1102 895 of 1102 896 of 1102 897 of 1102 898 of 1102 899 of 1102 EXHIBIT “D” - CONDITIONS OF APPROVAL Project Name: Cross Creek Centre File number: MPMD 13-001 / COUS 13-002 rd Reference: 3 review plans identified as a Master Plan Modification and Conditional Use with a July 23, 2013 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, correct the western access drive from Boynton Beach Boulevard on all civil, tree disposition, and landscape plan sheets to indicate one (1) right-in lane and one (1) right-out lane (no √ left turn due to median). Align proposed striped median and inbound and outbound traffic drive aisles accordingly. 2. At time of permitting, revise Sheet TS-3 to tabulate the total number or diameter inches of existing trees on the site proposed to be √ preserved in place, relocated, or removed and replaced [diameter inches] on the site, and indicate all replacement trees with a separate symbol on the landscape plan. 3. At time of permitting, revise landscape plans to indicate tree protection barriers for the 39 existing trees to be preserved in place. √ 4. At time of permitting, revise landscape plans and tree disposition plans as follows: a. Trees 11-12: healthy, must relocate, show new location on landscape plan. b. Trees 14, 16, 18: show mitigation 26” total. c. Trees 51-59: shown as relocate in table, not shown relocated on landscape plan. d. Trees 62-69, 71: relocate, show new location on landscape √ plan. e. Trees 72, 75-77: relocate, show new location on landscape plan. f. Trees 85-86: shown as remaining on landscape plan, show as remaining in table. g. Trees 101-113: shown as remaining on landscape plan, show as remaining in table. 5. At time of permitting, revise landscape plans to indicate where the 15 Royal Palms are to be relocated on the site. √ 6. At time of permitting, revise landscape plan to include a 25 foot safe sight triangle and provide mature plant/tree size for all plant material within the 25 foot safe sight triangle, verifying that all will be within the guidelines for plantings within the 25 foot safe sight triangle, √ especially cross visibility at maturity. (Ch. 4, Art. II Sec. 4.A.14.a. of the LDR) 900 of 1102 DEPARTMENTS INCLUDE REJECT 7. At time of permitting, submit an Irrigation Plan that follows the Florida Friendly - Waterwise principles using water saving √ components. FIRE Comments: All previous comments have been addressed. POLICE Comments: 8. Prior to issuance of the building permit, the applicant shall prepare a construction site security and management plan for approval by the √ City’s Police Department CPTED Official. 9. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a staging area to store equipment and park machinery must be fenced. The staging area must be visible from an accessible √ roadway to allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Approved padlock for all storage trailers and equipment trailers and park within staging area. 10. At time of permitting, revise plans to ensure there is no conflict with outdoor lighting and long-term tree canopy growth. Timer clock or √ photocell lighting for nighttime use shall be above or near entryways. 11. At time of permitting, revise plans to indicate pedestrian scale lighting shall be used for all street and pedestrian walkways, with √ interactive or lighting on demand used in sensitive areas. BUILDING DIVISION Comments: All previous comments have been addressed. PARKS AND RECREATION Comments: None 901 of 1102 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 12. At time of permitting, submit a copy of waiver approval from the Engineering Division for the loading zone or revise plans to include √ the required loading zone for proposed Building “C”. 13. At time of permitting note on plans that all rooftop equipment must be completely screened from view at a minimum distance of 600 √ feet (per Ch 4, Art III, Sec. A.9.a.) 14. At time of permitting, revise plan sheets for proposed Building “C” building elevations to identify added decorative features such as √ medallions, including color and materials. 15. At time of permitting, revise landscape plan to note that existing landscape buffer wall shall be maintained with a neutral color that is √ consistent with the new color palette for the shopping center. 16. At time of permitting, revise site plan and landscape plan to indicate and label the existing monument sign near the eastern access drive. √ 17. Prior to permitting, submit a revised Master Sign Program to Planning & Zoning for approval that integrates the new facades and color palette for the shopping center, and the new tenant for √ proposed building (including menu board). 18. Prior to permitting, provide details of proposed multi-tenant wall signage, including sign dimensions, font, colors, and sign face area per sign. Per the Community Design Plan requirements of the LDR, √ only one (1) type of sign and (1) font/lettering style is permitted. 19. Any signage for proposed Building “C” that is visible from adjacent property to the north shall be non-illuminated so as to minimize √ impacts to adjacent residential properties. 20. The Florida Royal Palms along Boynton Beach Boulevard are very close to FPL power lines. At time of permitting, revise landscape plans to indicate all existing and proposed Royal Palms along √ Boynton Beach Boulevard shall be relocated elsewhere on site and replaced with a native species of canopy tree (with a minimum 4- inch caliper) that complies with the FPL “Right Tree, Right Place” guide and City landscape standards. 21. At time of permitting, revise landscape plan to include a canopy tree in between each existing tree that is no longer Florida No. 1 quality to screen adjacent residential properties from view above the 6 foot √ buffer wall. 902 of 1102 DEPARTMENTS INCLUDE REJECT 22. At time of permitting, revise landscape plan to provide required foundation landscaping for proposed Building “C” by adding trees or palms (proportional to building height) and shrubs along the west √ side, and a planter (a minimum of 5 feet wide) in paver area on the east side of the building. 23. At time of permitting, revise landscape plans to propose trees and colorful shrubs for all planters in paver areas on south and east building elevations of proposed Building “C” to comply with √ foundation landscaping requirements. 24. At time of permitting, revise landscape plan to propose a 12-14 foot Traveler’s Palm or White Bird of Paradise Palm midway on north side of proposed Building “C” to break up the large expanse of blank √ wall and continuous hedge. 25. At time of permitting, revise landscape plan to relocate the proposed trash receptacle to the east façade of proposed Building “C” near √ the side door to reduce conflict with handicap accessibility and outdoor seating. 26. At time of permitting, revise photometric plan site layout to match new parking and landscape island designs indicated on other plan √ sheets. 27. Staff recommends that the audio component of the menu board related to the drive-through facility project sound to the east, rather than north, in order to mitigate any potential negative impact to the residential neighborhood to the north. Sound levels shall be √ monitored and if sound levels are found to exceed sound limitations of the code, the owner or operator shall either reduce the amplification level to comply with city sound limits, or apply additional sound mitigation measures to accomplish same. 28. At time of permitting, revise plans to indicate all existing dumpsters for the shopping center shall be completely screened in compliance with City requirements, and all dumpster enclosures shall be painted √ to match a neutral color used on the new color palette for the buildings. 29. At time of permitting, revise plans to extend the pavered walkway in front of Building “B” to include the area designated for parallel parking on each side of the striped pedestrian walkway, thereby √ eliminating two (2) parallel parking spaces and providing additional safety for pedestrians. COMMUNITY REDEVELOPMENT AGENCY Comments: None (not in CRA area). 903 of 1102 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\ MPMD 13-001\Conditions of Approval Post PD.doc 904 of 1102 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cross Creek Centre (MPMD 13-001 / COUS 13-002) APPLICANT/AGENT: Victor Yue of Dorsky & Yue International, LLC rd APPLICANT’S ADDRESS: 100 SE 3 Avenue, Suite 2410, Fort Lauderdale, FL 33394 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: Master Plan Modification and Conditional Use to allow construction of a freestanding restaurant with drive-through facility consisting of 2,024 square feet and related site improvements at the Cross Creek Centre, a 4.54-acre parcel in the Planned Commercial Development (PCD) zoning district. LOCATION OF PROPERTY: 1301 West Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 905 of 1102 S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\Development Order MPMD 13-001 & COUS 13-002.doc 906 of 1102 9. B PUBLIC HEARING October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Major Site Plan Modification (MSPM 13- EQUESTED CTION BY ITY OMMISSION 003) request to construct a 3,332 square foot, one-story veterinary clinic for natural and holistic animal care, located at 222 West Boynton Beach Boulevard, within a C-2 (Neighborhood Commercial) zoning district. Applicant: Nancy Keller, DVM.. ER: The applicant is proposing to combine two existing vacant XPLANATION OF EQUEST structures in redeveloping the site for the Healing Grounds, a combination holistic veterinary clinic and human healing place. The proposed Healing Grounds will provide holistic care for small animals, including conventional medicine, acupuncture, Chinese herbs, homeopathy, magnetic therapy, and an outdoor salt-water pool for physical therapy. No animal boarding is allowed, with the exception of overnight stays for animals being treated.One room will be dedicated to proposed human healing and spa service, including massage therapy and acupuncture. The total enclosed building square footage is 3,332 square feet consisting of 3,218 square feet allocated to the veterinary clinic, and 114 square feet for the spa component. The applicant’s practice, rd Healing Heart, is currently located at 208 NE 3 Street and will relocate to the subject property upon completion of the project. th The Planning & Development Board reviewed this request at their September 24 meeting and recommended approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Construction of the project will add to the City’s tax base and revitalize ISCAL MPACT two (2) vacant structures along the Boynton Beach Boulevard corridor. 907 of 1102 A: Approve the request, approve with conditions, or deny the request (the LTERNATIVES denial of the project is not recommended as the project would comply with all Land Development Regulations once the conditions of approval are met). 908 of 1102 909 of 1102 910 of 1102 911 of 1102 912 of 1102 913 of 1102 914 of 1102 915 of 1102 916 of 1102 917 of 1102 918 of 1102 919 of 1102 EXHIBIT “C” - CONDITIONS OF APPROVAL Project Name: Healing Grounds File number: MSPM 13-003 Reference: 2ndreview plans identified as a Major Site Plan Modification with a August 13, 2013 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None (All previous comments addressed). FIRE Comments: None (All previous comments addressed). POLICE Comments: 1. Prior to issuance of the first building permit for this project, the applicant shall prepare a construction site security and management plan for approval by the City’s Police Department CPTED Official. Security measures at a construction site are determined after a √ security survey is conducted using the following procedures: a staging area to store equipment and park machinery must be fenced. The staging area must be visible from an accessible roadway to allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Approved padlock for all storage trailers and equipment trailers and park within staging area. BUILDING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure √ that additional comments may not be generated by the commission and at permit review. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 4. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of √ permit application, F.S. 373.216. 920 of 1102 DEPARTMENTS INCLUDE REJECT 5. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. √ a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561-734-0872) 6. Revise Cover Sheet A-0.1 to correct the FEMA map and panel number for this property. The correct reference number is √ 120196 0003 C. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 7. At time of permitting, revise plans to provide a continuous pedestrian walkway from the parking spaces on the west side of the building for customers to safely access either the front or rear entrance to the √ building without walking in the parking lot. 8. At time of permitting, revise monument sign detail note to delete reference that sign will also be displayed as art in public places. The proposed rock fountain does not qualify for the public art requirement as it is a sign. Revise site and landscape plan to √ indicate a revised location on site for the public art and provide a detail on plans. 9. At time of permitting, revise landscape plan to replace sod areas that are not designated as dog walk areas with additional shrubs and/or groundcover species as accents, and to eliminate the need for more √ intensive irrigation zones and mowing. COMMUNITY REDEVELOPMENT AGENCY Comments: No comments. 921 of 1102 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\MSPM 13-003\EXHIBIT C - Conditions of Approval.doc 922 of 1102 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Healing Heart Grounds (MSPM 13-003) APPLICANT/AGENT: Nancy Keller, DVM / Bridget Keller APPLICANT’S ADDRESS: 180 Neptune Drive, Hypoluxo, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: Major Site Plan Modification to allow redevelopment for a 3,332 square foot veterinary clinic on 0.60 acre in a C-2 zoning district. . LOCATION OF PROPERTY: 222 West Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\Development Order.doc 923 of 1102 9. C PUBLIC HEARING October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve New Site Plan (NWSP 13-003) request to EQUESTED CTION BY ITY OMMISSION allow construction of a 4-story Hotel with 93 guest rooms and related site improvements at 2001 West Ocean Drive in the C-3 (Community Commercial) zoning district. Applicant: Hardial Sibia of Boynton Holdings, LLC. The applicant is proposing a 4-story Holiday Inn Express & Suites Hotel ER: XPLANATION OF EQUEST and related site improvements on the north side of West Ocean Drive, approximately 500 feet east of South Congress Avenue. The proposed 4-story hotel would be the maximum of 45 feet in height allowed in the C-3 zoning district, and contain 93 guest rooms with a total of 57,685 square feet of building area. The proposed hotel includes a fitness room, meeting rooms, and an outdoor swimming pool. In 2007, a 19-foot building height variance (ZNCV 08-001) was approved by the City Commission for the hotel property, allowing 65 feet / 5 stories. The applicant initially submitted plans for a five- story, 102 room hotel with a restaurant and bar, and has since revised the plans to propose a four- story, 93 room hotel without a restaurant and bar. th The Planning & Development Board reviewed this request at their September 24 meeting and recommended approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Construction of the project will add to the City’s tax base while ISCAL MPACT eliminating a vacant commercial property near the Congress Avenue corridor. A: Approve the request, approve with conditions, or deny the request. LTERNATIVES 924 of 1102 925 of 1102 926 of 1102 927 of 1102 928 of 1102 929 of 1102 930 of 1102 931 of 1102 932 of 1102 933 of 1102 934 of 1102 935 of 1102 936 of 1102 937 of 1102 938 of 1102 939 of 1102 940 of 1102 EXHIBIT “C” – CONDITIONS OF APPROVAL Project Name: Holiday Inn & Suites File number: NWSP 13-003 Reference: 4threview plans identified as a New Site Plan with an August 22, 2013 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, revise all plans in plan set to match civil plans that indicate the existing road section (right turn lane and left turn lane) is extended along West Ocean Drive from the western project √ limits to the eastern project limits along with required transitions back to two lane road section (only the civil drawings indicate it correctly). 2. At time of permitting, revise landscape plant list to include a variety of colors of Oleander Standard proposed along east property. √ 3. At time of permitting, revise landscape plant list from Dwarf Schefflera to a variegated Arbicola (Trinette) to provide more color √ and visual interest. FIRE Comments: None (all previous comments addressed). POLICE Comments: 4. Prior to issuance of the first building permit for this project, the applicant shall prepare a construction site security and management √ plan for approval by the City’s Police Department CPTED Official. 5. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a staging area to store equipment and park machinery must be fenced. The staging area must be visible from an accessible √ roadway to allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Approved padlock for all storage trailers and equipment trailers and park within staging area. 6. Pedestrian scale lighting shall be used for all street and pedestrian walkways. It is suggested that interactive or lighting on demand be √ used in sensitive areas. 941 of 1102 DEPARTMENTS INCLUDE REJECT 7. Timer clock or photocell lighting for nighttime use shall be above or near entryways. √ BUILDING DIVISION Comments: 8. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission √ and at permit review. 9. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 170 mph. Wind forces on every building or structure shall be determined by the provisions of √ ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind Loads). 10. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the √ time of permit application and shall comply with Chapter 9 of the FBC. 11. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 12. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where √ other sources are readily available. 13. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of √ permit application, F.S. 373.216. 14. At time of permit review, submit separate surveys of each lot, parcel, or tract. √ 15. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the √ conditions of approval as listed in the development order and approved by the City Commission. 942 of 1102 DEPARTMENTS INCLUDE REJECT 16. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. √ c. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald – 561-233-5016) d. United States Post Office, Boynton Beach (Michelle Bullard – 561-734-0872) 17. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2010 FBC, Sections 110.3.7.1 through 110.3.7.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details √ shall be submitted. c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 18. A manual fire alarm system is required in the building per the 2010 Florida Building Code Section 907.2.8.1. The alarm system shall comply with Section 215.4 and Section 702 of the Florida Accessibility Code. Also, refer to Section 806.3.1 of the √ Florida Accessibility Code. 19. An automatic smoke detection system is required in the building per the 2010 FBC Section 907.2.8.2. √ 20. Guest rooms required to provide mobility features complying with Section 806.2 of the 2010 Florida Accessibility Code and guest rooms required to provide communication features √ complying with Section 806.3 of the Accessibility code shall be dispersed per Section 224.5 of the Florida Accessibility Code. 21. Accessible rooms shall comply with the 2010 Florida Accessibility Code Section 806.4 for providing special √ accessibility features. 22. Sleeping areas in the accessible rooms shall comply with the Florida Accessibility Code Section 806.2.3. √ 943 of 1102 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 23. At time of permitting, revise building elevations to propose dark window tinting on all windows to ensure privacy for guests and √ adjacent residential, and to increase energy efficiency. 24. At time of permitting, revise building elevations to indicate locations of all decorative lighting (no color lighting allowed). √ 25. At time of permitting, revise photometrics plan to include spot readings for all exterior areas on site (from building to all property √ lines) and ensure that no spot reading exceeds 5.9 footcandles. 26. At time of permitting, revise photometrics plan to label lighting fixtures in the ceiling of the porte cochere as recessed. Reduce √ lighting for this location to a maximum of 10.0 footcandles. 27. At time of permitting, revise landscape strip along south property line berm to stagger plant material and plant in clusters for a more √ natural, rather than formal look. 28. At time of permitting, revise landscape plan to delete use of sod in small areas and replace with Waterwise approved groundcover or √ shrubs as required by the landscape code. 29. At time of permitting, submit an irrigation plan that follows the Florida Friendly - Waterwise principles. √ 30. At time of permitting, revise site plan and landscape plan to depict location of required public art (west wall mural) and label as such on √ plans. 31. At time of permitting, submit an updated traffic concurrency approval from Palm Beach County Traffic Engineering for the reduction (102 √ to 93) in proposed hotel guest rooms. 32. No wall signage or decorative lighting shall be permitted on the east building elevation adjacent to residential uses. √ 944 of 1102 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Holiday Inn & Suites\NWSP 13-003\Conditions of Approval.doc 945 of 1102 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Holiday Inn & Suites (NWSP 13-003) APPLICANT/AGENT: Hardial Sibia of Boynton Holdings, LLC / Fred Griffin of Fred Griffin Builder, LLC AGENT’S ADDRESS: 3700 Max Place 206, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: New Site Plan to allow construction of a 4-story hotel with 93 guest rooms (57,685 square feet) on 2.73 acres in a C-3 zoning district. . LOCATION OF PROPERTY: 2001 West Ocean Drive DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Holiday Inn & Suites\NWSP 13-003\Development Order.doc 946 of 1102 9. D PUBLIC HEARING October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the request for an 18-month extension of EQUESTED CTION BY ITY OMMISSION the approved site plan (NWSP 06-002) for the Tuscan Villas project located on the east side of South Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard. Applicant: Brian Cheguis of Cotleur & Hearing. . ER: Tuscan Villas is a redevelopment project approved for 22 XPLANATION OF EQUEST townhouse-style condominium units, recreational amenities, and related site improvements. The project has been approved for an annexation, a land use amendment and corresponding rezoning, a new site plan, and a series of site plan extensions. The applicant provided a justification statement outlining the reasons for the delay in construction, specifically, “The downturn of the housing market affected the applicant’s ability to receive financing for this project before the end of the initial time extension request”. The applicant indicates that he did however continue to work towards resolution of staff comments on utility and plat submittals, work to finalize construction documents, and continued to pursue the necessary construction loan to build the project during a period when financial lending institutions were slow to approve loans. In support of this request for a time extension, the applicant indicates he has successfully refinanced the project loan and has provided a Task Timeline outlining the steps to be taken to acquire the necessary building permits and time needed to accomplish that goal. Staff believes the justification submitted, along with the evidence of funding and a timeline to acquire the necessary permits to build the project warrants approval of the extension request. 947 of 1102 th The Planning & Development Board reviewed this request at their September 24 meeting and recommended approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Construction of the project will add to the City’s tax base while ISCAL MPACT eliminating a vacant property along the Federal Highway corridor. A: Approve the request, approve with conditions, or deny the request. LTERNATIVES 948 of 1102 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-031 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: September 17, 2013 PROJECT: Tuscan Villas / SPTE 13-003 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: James Paisley, Tuscan Villas at Boynton Beach, LLC Applicant / Agent: Brian Cheguis, Cotleur & Hearing Location: East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Location Map – Exhibit “A”) Existing Land Use/ Zoning: Special High Density Residential (SHDR – maximum 20 du/ac)/ Infill Planned Unit Development (IPUD) Proposed Land Use/Zoning: No change proposed Proposed Uses: 22 townhouse-style condominium units (16.4 dwelling units/acre)  Acreage: 1.341 acres (58,414 square feet) Adjacent Uses: North: Existing commercial business (Ticket Clinic) designated Local Retail Commercial (LRC) land use and zoned C -3 (Community Commercial); South: Developed multi-family residential designated with Palm Beach County Commercial High, with an underlying Medium 949 of 1102 Residential 5 units per acre (CH/5) land use and zoned Palm Beach County Commercial General (CG); East: Developed single-family residential subdivision (Tradewinds Estates) classified in Palm Beach County as Medium Density Residential (MR-5), and zoned Single-Family Residential (RS) in Palm Beach County; and, West: Right-of-way for Federal Highway, then farther west is a rental apartment project (Phase II of Seabourn Cove) classified as Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD). BACKGROUND The subject property consists of 1.34 acres zoned Infill Planned Unit Development (IPUD), located on the east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard, within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-002), the proposed Tuscan Villas is a redevelopment project approved for 22 townhouse-style condominium units, recreational . amenities, and related site improvements The project has been approved for the following: an annexation (ANEX 06-002); a land use amendment (LUAR 06-002) from Palm Beach County Commercial High, with an underlying Medium Residential, five (5) units per acre (CH/5) to Special High Density Residential (SHDR – 20 du/ac) classification; a corresponding rezoning (LUAR 06-002) from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD) zoning district; a new site plan (NWSP 06-002), and a series of site plan extensions (SPTE 07-011), (SPTE 08-011), (SPTE SB 360) and (SPTE HB 7207). The last two (2) time extensions were in accordance with state legislation automatically granted to projects during the downturn in the economy in an effort to keep viable projects valid until such time as the market regained momentum and the projects could be built. he 22 units are proposed in one (1) phase on the 1.34-acre site (see Exhibit “B”), T designed within five (5) separate buildings with three (3) units to six (6) units per building. The project proposes four (4) model types, ranging from 1,947 square feet to 2,513 square feet of air-conditioned space. The proposed dwellings are two (2) and three he easternmost portion of each townhouse building (adjacent to the (3) stories. T single-family homes) are proposed at two (2)-stories rather than three (3)-stories. A buffer wall is proposed along the east property line in conjunction with a multitude of trees and shrubs that would provide the necessary buffering between the townhouses and the adjacent single-family neighborhood. The recreation area would be located at the center of the site, centrally located to all residents and include a swimming pool, cabana building, and decorative fountain. The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and panels, rounded-windows, wood-panel front doors, clear glass with bronze finish aluminum 950 of 1102 frames, and S-tile roof. The exterior walls of the buildings would consist of the following neutral colors: peach, cream, and yellow with white trim. ANALYSIS The site plan approval is valid for 18 months, in which time the developer is required to secure a building permit for the project. According to Chapter 2, Article II, Section 2.F.6 of the Land Development Regulations (LDR), an applicant may request to extend the approval of a site plan for an additional time period, not to exceed 18 months, provided that such request for extension is filed prior to the date of the expiration. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request on August 8, 2013, more than two (2) months prior to the expiration of the site plan. Per Chapter 2, Article II, Section 2.F.6.a of the LDR, there is no limit to the number of extensions that may be requested. According to the justification submitted for the requested time extension, since receiving City approval the applicant has secured the necessary drainage permit from the Florida Department of Transportation for the connection to Federal Highway, worked with the City Utilities and Engineering Departments on utility plan and plat submittals and responded to plan review comments received from the City (see Exhibit “C” – Applicant’s Justification Statement). The applicant further provides justifications for the delays in construction. According to the Justification Statement, “The downturn of the housing market affected the applicant’s ability to receive financing for this project before the end of the initial time extension request”. The applicant indicates that he did however continue to work towards resolution of staff comments on utility and plat submittals and continued to finalize construction documents. Additionally, the applicant installed Royal Palm trees along the Federal Highway frontage of the property and installed a water meter to irrigate the trees as a condition of approval of the time extension. For the next couple of years, the applicant continued to pursue the necessary construction loan to build the project, during a period when financial lending institutions were slow to approve loans. In support of this most recent request for a time extension, the applicant indicates he has successfully refinanced the project loan and has provided a Task Timeline outlining the steps to be taken to acquire the necessary building permits and time needed to accomplish that goal (see Exhibit “D” – Applicant’s Task Timeline). In addition to accomplishments to date, time extension reviews also consider compliance with concurrency requirements. The Palm Beach County Traffic Division approved the original traffic study for the project with the requirement that no permits be issued after the build-out date of 2010. As such, an updated traffic concurrency approval letter from Palm Beach County will be required, which should not be an issue, as the site is located within the Coastal Residential Exception Area of Palm Beach County. As for utilities, records indicate the utility reservation fee is due. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward. Based upon the applicant’s Task Timeline, the necessary reservation fee would be paid within 30 days of approval of the extension. The site plan time extension is still subject to the conditions of all previous approvals. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the site plan request was filed after adoption of Ordinance 05-060 on 951 of 1102 October 5, 2005. Therefore, the project must still comply with Ordinance 05-060 as stated in the original conditions of site plan approval. Lastly, the applicant has remained in contact with City staff during these extension periods and prior to submittal of this request, he met with CRA staff to see if they would recommend another use for the site based upon any trends they recognize in the marketplace, as well as the CRA’s own plans for the Federal Highway corridor. Additionally, he also met with City Planning staff to discuss other potential options. The final consensus was that the office market was not yet strong enough and that the site likely could not sustain a national retail operator, which would make the financial feasibility of a continuous rent revenue stream unlikely. All parties agreed the best use of the site, as well as the most compatible with surrounding properties, was the residential project already approved for the property, and that the applicant should secure his funding and apply for a time extension, provide the necessary justifications and a timeline for constructing the project. RECOMMENDATION APPROVAL Based upon the applicant’s good faith efforts, staff recommends of the request for an 18-month extension of the approved site plan (NWSP 06-002) for the Tuscan Villas project, subject to the conditions contained in Exhibit “E” – Conditions of Approval. If the request for an extension is approved, the expiration date would be extended to April 18, 2015, and all conditions from the original approval must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 13-003\Staff Report.doc 952 of 1102 953 of 1102 954 of 1102 955 of 1102 956 of 1102 957 of 1102 958 of 1102 959 of 1102 960 of 1102 961 of 1102 962 of 1102 963 of 1102 964 of 1102 EXHIBIT "E" Conditions of Approval Project name: Tuscan Villas File number: SPTE 13-003 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. Approval is subject to all previous conditions of approval. X COMMUNITY REDEVELOPMENT AGENCY Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS 965 of 1102 DEPARTMENTS INCLUDE REJECT Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 13-003\COA.doc 966 of 1102 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Tuscan Villas (SPTE 13-003) APPLICANT: Brian Cheguis, Cotleur & Hearing APPLICANT’S ADDRESS: 1934 Commerce Suite 1, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: Site Plan Time Extension approval for 22 townhouse-style condominium units, recreational amenities, and related site improvements, on a 1.34-acre parcel. East side of Federal Highway approximately 1,100 feet LOCATION OF PROPERTY: north of Gulfstream Boulevard. DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant _X_ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “E” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 967 of 1102 S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 13-003\DO (SPTE 13-003).doc 968 of 1102 9. E PUBLIC HEARING October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-029 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amending the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. Applicant: City-initiated - Request to Table to November 5, 2013 ER: Currently, the Land Development Regulations do not XPLANATION OF EQUEST recognize Showroom/Warehouse as a use within the Zoning Use Matrix, and such businesses are either treated as a retail business or a warehouse operation, depending upon the business characteristics. As a result, this type of business is often categorized with uses which are more intensive with respect to parking demand and traffic characteristics. Business attraction and retention are important to the health of the City; therefore, staff is proposing to create this new principal use to address market trends and more accurately classify and regulate it. Understanding that Showroom-type establishments have different operational characteristics than department stores and home improvement big box stores relative to the number of customers on the premises at any given point in time and thus the amount of parking required, the proposed amendment recommends the creation of a new principal use in the Use Matrix to recognize and regulate the use differently. Warehouse, Showroom (limited product line) would be defined as a showroom-type establishment in which the principal use consists of a showroom for large, space intensive items such as furniture, major appliances, flooring, mattresses, recreational vehicles or the like. These establishments generally have a single product line, which differentiates them from department stores, electronics stores, home improvement 969 of 1102 stores and warehouse clubs in that they do not sell a wide range and mix of merchandise. Overall, staff believes this amendment would encourage and promote business and economic development, thereby furthering the City’s Economic Development initiatives. The Planning & Development Board reviewed this item at their September 24, 2013 meeting and recommended approval of the amendment. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Increases business opportunities within the City. ISCAL MPACT A: Approve, approve with modifications, or deny proposed LDR LTERNATIVES amendments 970 of 1102 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 II, “DEFINITIONS”, CHAPTER 3, “ZONING”, ARTICLE IV, “USE REGULATIONS”, CHAPTER 4, “SITE DEVELOPMENT STANDARDS”, ARTICLE V, “MINIMUM OFF-STREET PARKING REQUIREMENTS” UPDATING THE ZONING USE MATRIX TO INCLUDE SHOWROOM/WAREHOUSES AS A NEW PRINCIPAL USE INCLUDING DEFINITION AND REGULATIONS; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, the City’s current Land Development Regulations does not recognize Showroom/Warehouse as a use within the Zoning Use Matrix and such businesses are either treated as a retail business or a warehouse operation, depending on the business characteristics; and WHEREAS, as part of the process in reviewing the Land Development Regulations staff is proposing to create this new principal use to address market trends and more accurately classify and regulate it; and WHEREAS, staff recommends the adoption of the attached amendments to the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and 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 III, "Land Development Regulations", of the City of Boynton Beach is hereby amended as follows: See attached Exhibit “A” 971 of 1102 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. 972 of 1102 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 – David T. Merker _________________________________ Commissioner – Michael M. Fitzpatrick _________________________________ Commissioner – Joe Casello ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 973 of 1102 974 of 1102 975 of 1102 976 of 1102 977 of 1102 978 of 1102 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-034 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: September 17, 2013 RE: Economic Development and Interim LDR Amendments Part IV (CDRV 13-006) – Approve amendments to the LDR to update the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendment would further items #1 business and economic development initiatives and #5 by adjusting existing regulations to achieve original or current objectives. ANALYSIS This proposed amendment was part of a previous round of Economic Development and Interim LDR Amendments (Part II), but were removed by staff prior to the Planning & Development Board hearing on May 28, 2013, in order to provide the newly-hired Economic Development Manager the time necessary to review all aspects of the proposed amendment and potentially 979 of 1102 suggest changes. This review has been conducted and is forwarded in final format for review and approval. As noted in the previous staff report, the current code does not appropriately define this unique business, and staff’s interpretation of the proposed business activities/operations inaccurately categorizes this type of business with uses which are more intensive with respect to parking demand and traffic characteristics. Business attraction and retention are important to the health of the City; therefore, staff is proposing to create this new principal use to address market trends and more accurately classify and regulate it. Showroom/Warehouses 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 Land Development Regulations (LDR) involving new definitions that separates uses that were formerly grouped under major headings such as Merchandise, New and Warehousing. Understanding that Showroom-type establishments have different operational characteristics than department stores and home improvement big box stores relative to the number of customers on the premises at any given point in time and thus the amount of parking required, the proposed amendment recommends the creation of a new principal use in the Use Matrix to recognize and regulate the use differently. Warehouse, Showroom (limited product line) would be defined as a showroom-type establishment in which the principal use consists of a showroom for large, space intensive items such as furniture, major appliances, flooring, mattresses, recreational vehicles 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 with the limited product line. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendment. Overall, this amendment encourages and promotes business/economic development, thereby furthering the City’s Economic Development initiatives. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-006 Interim Amendments IV\CDRV 13-006 Staff Report.doc 980 of 1102 981 of 1102 982 of 1102 983 of 1102 984 of 1102 985 of 1102 10. A CITY MANAGER’S REPORT October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve an increase in estimated fees for Phase 2 EQUESTED CTION BY ITY OMMISSION of the agreement with DavenportLawrence for Project Management Services for Utility Water Meter Technology Migration for (a) Transitional Project Management Services, (b) AMI Meter Infrastructure Project Management and (c) Process and People Design Change Aligned with Customer Information Systems in the amount of $130,000 revising the estimated fees from $212,500 to $342,500. ER: On April 17, 2012, the City Commission approved an XPLANATION OF EQUEST Agreement with DavenportLawrence for Phase 1 and Phase 2 for Project Management Services for Utility Water Meter Technology Migration in order to assist and to advise the City with Predeployment Project Management Services. (A copy of the signed Agreement is attached.) At that time, it was agreed that DavenportLawrence would provide ongoing support in Phase 2 at consistent hourly rates that were proposed and approved for Phase 1. However, the Project Management Services for Phase 2 would continue at the conclusion of Phase 1 on September 30, 2012 consistent with the previously authorized services as now detailed herein. On December 4, 2012, the City Commission approved estimated fees for Phase 2 in the amount of $212,500. Phase 2 had an initial time period of October 1, 2012 through September 30, 2015 (the projected time schedule for technology migration) with the option to renew at the same terms, conditions and prices for one (1) year periods subject to consultant acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The Agreement will automatically renew for each period unless cancelled by either party in accordance with the Termination clause of the Agreement. 986 of 1102 Based on the progress of Phase 2 and results of the initial review and data collection there was a need to increase hours spent in some areas and additional areas that must be addressed have come to light. DavenportLawrence and City staff recognizes the components of the project management scope as initially outlined in the December 4, 2012 agenda item have necessitated the need to make modification to the overall Phase 2 strategy and that additional expenses will need to be incurred for the remainder of this Phase until it estimated completion of September 1, 2014. 1. Project Management Services (thru September 1, 2014) Project Management Services for Phase 2 – Management during migration included the following components: 1. Performance Measurement (Weekly Project Calls, Status Reports, Monthly On-site) 2. Vendor Coordination (Collaboration with Sensus, Line-Tec, and SL-Serco) 3. Schedule Adherence (Project Planning and Milestones) 4. System Acceptance / Warranty Management (Equipment Performance and Corrective Measures) 5. North Tower Site Selection and Authorization 6. Field Work Order Management Process Design and Management 7. Technical Support- Field Work Order Tool 8. RMA Processing 9. Field Issues 10. Quality Control Issues 11. Inventory Management 12. Production Schedules and Management 2. Process and People Design Change Aligned with Customer Information Systems (CIS/SunGard) a. Human Capital Resource Management 1. Resource Allocation 2. Technology and Training for Efficiency 3. Functional Integration and Staffing b. Customer Relations and Customer Service Process Support 1. Customer Pay Options 2. Accuracy and Function in Account Management 3. Communication Tools and Effectiveness in Service 4. Counter Support and Customer Relations Best Practices c. Back Office Efficiency and Systems Design 1. SunGard CIS Evaluation and Business Process Alignment 2. Data Integrity Solutions 3. Transactional Processes and SOPs 4. Work Order Management Integration and Performance (Field to Finance) d. Revenue Collection Procedures 1. Effective Internal and External Collections Processes 2. Reversing Trends in Aged Delinquencies 3. Revenue Policies Aligned with Execution and Benchmarks 4. Utility Revenue Leakage Assessment and Resolution e. Initiatives as described in attached Phase 2 outline H? As the foregoing areas contribute OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES substantially to the overall success of the AMI, the City will be able to more effectively 987 of 1102 leverage the investment and the strength of the technology throughout the utility customer account “system”. The importance of managing the AMI capital project as a system cannot be overstated given the negative influences to the strength of the meter reading technology if other components of the system are not properly designed, aligned, and applied. Through functional and process improvements to the Customer Information System and Customer Relations operations, the City will improve customer service, lower operational costs, and improve collection of utility revenues (increase customer collections, reduce account delinquencies). FI: Fees for this project are paid from the Utility Capital Improvement Fund ISCAL MPACT 403-5000-533-65.02, Project WTR 138. Budget in the amount of $3,194,634 for equipment and services was previously adopted in the FY 2012-2013 Capital Improvement Plan budget. The fees for (a) Project Management Services, (b) Customer Information System Enhancements and Out of Pocket Expenses are fully funded. Phase 2 fees were determined based upon the agreed and approved scope of services. In addition, Phase 2 required substantial on-site analysis and initiative implementation contained within the Scope of Services by the Project Team. Out- of-pocket expenses for travel reimbursable in compliance with City of Boynton Beach travel reimbursement rates based on per diem allocations. As a result of the on-site analysis and implementation process to date it is necessary to request an increase in the fees for Phase 2. Project Management Services thru 9/1/14 $ 67,158 Customer Information System Enhancements $ 48,442 Out-of-Pocket Expenses $ 14,400 Increase in Total Fees & Expenses Based on Current Project Status and Scope of Work $130,000 The fee allocations are based on consistent hourly fee allocations (as represented in the original Response to the RFP and the previously signed Agreement) and time estimates for each of the major categories of the change management process with the inclusion of a functional consultant for SunGard and Customer Service Subject Matter Expert (SME) as follows:  $145 – Project Manager  $145 – Project IT Lead  $135 – SunGard Functional Consultant (Added for Phase 2)  $135 – Customer Service SME (Added for Phase 2)  $ 95 – Project Field Inspector  $ 65 – Project Administration A: Do not continue engaging an external Project Manager. However, due LTERNATIVES to the complexity and unavailable internal staff time and skills necessary to support this engagement, staff highly recommends engaging an external Project Manager to manage this multi-million dollar transition project for the City of Boynton Beach Utility to help mitigate risks and reduce overall cost. 988 of 1102 989 of 1102 990 of 1102 991 of 1102 992 of 1102 993 of 1102 994 of 1102 995 of 1102 996 of 1102 997 of 1102 998 of 1102 999 of 1102 1000 of 1102 1001 of 1102 1002 of 1102 1003 of 1102 1004 of 1102 1005 of 1102 12. A NEW BUSINESS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion regarding term limits for City of Boynton EQUESTED CTION BY ITY OMMISSION Beach elected officials. ER: Commissioner Merker requested at the October 1, 2013 City XPLANATION OF EQUEST Commission meeting that discussion regarding term limits be placed on the October 15, 2013 City Commission agenda for consideration for the November 2014 election ballot. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow discussion LTERNATIVES 1006 of 1102 12. B NEW BUSINESS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of renaming of Oceanfront Park EQUESTED CTION BY ITY OMMISSION ER: At the September 3, 2013 meeting, Commissioner Merker XPLANATION OF EQUEST requested that the renaming of Oceanfront Park be considered. Since the Park is located within the town of Ocean Ridge, it is possible that it may not be recognized as a City of Boynton Beach facility despite its popularity. After contemplating some potential renaming options, the Commission requested to get some feedback from the Recreation & Parks Advisory Board. The Advisory Board discussed this item at their meeting on September 23, and is recommending the Park be renamed “Boynton Oceanfront Park”. A copy of the Board’s Agenda and the excerpt from the meeting minutes during which item was discussed are provided for reference. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: If the name is changed, a new sign will cost approximately $6,000 - ISCAL MPACT $8,000. A: Do not consider renaming Oceanfront Park. LTERNATIVES 1007 of 1102 1008 of 1102 1009 of 1102 C ITY OF B OYNTON B EACH C ITY OF B OYNTON B EACH R ECREATION & P ARKS B OARD M EETING R ECREATION & P ARKS B OARD M EETING September 23, 2013 6:30P.. M C OMMISSION CHAMBERS AGENDA AGENDA CALL TO ORDER ATTENDANCE APPROVAL OF MINUTES UNFINISHED BUSINESS A.Food Trucks @ Parks B.Barrier Free 5k Run - Saturday, February 8, starting at 7:30am. NEW BUSINESS A.Oceanfront Park Name Recommendations B.Forest Hills Park Improvements C.Holiday Parade Grand Marshal selection VI. Items for the City Manager’s Attention VII. NEXT MEETING: October 28, 2013 VII.ADJOURNMENT THEBOARD(COMMITTEE)MAYONLYCONDUCTPUBLICBUSINESSAFTERAQUORUMHASBEEN ESTABLISHED.IFNOQUORUMISESTABLISHEDWITHINTWENTYMINUTESOFTHENOTICEDSTARTTIMEOF THEMEETINGTHECITYCLERKORDESIGNEEWILLSONOTETHEFAILURETOESTABLISHAQUORUMAND THEMEETINGSHALLBECONCULDED. BOARDMEMBERSMAYNOTPARTICIPATEFURTHEREVENWHEN PURPORTEDLYACTINGINANINFORMALCAPACITY. F 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) 1010 of 1102 ACHIEVEMENTCOMMUNITYCONSERVATION … A sense of … of our natural treasures… ECONOMIC DEVELOPMENTFUTURE HEALTH … Florida’s … Good… HERITAGENATUREIT STARTS IN PARKS! Ties to our … Respect for … 1011 of 1102 1012 of 1102 13. A LEGAL October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-030 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Matters ER: XPLANATION OF EQUEST In order to sustain and promote the quality of life through the Code enforcement process, staff recommends that a Special Magistrate program be implemented as a supplemental enforcement method to the Code Enforcement Board. As provided by Florida Statutes Section 162.03 and Part II, Article V, Section 2-82 of the City’s Code of Ordinances, Special Magistrates designated by the Commission have the authority to hold hearings and assess fines against violators of the City’s Code. Since Special Magistrates are already authorized by the City’s Code, the Commission must designate specific Magistrates to preside over Code Enforcement matters. The use of a Special Magistrate could supplement the City’s existing Code Enforcement Board process. It will enhance the City’s ability to promote, protect and improve the health, safety and welfare of the citizens through the Code enforcement process. Currently, the Code Enforcement Board members are residents of the City of Boynton Beach. The Board members have a familiarity with the City and a historical knowledge of Code violations. This knowledge allows the Board to act in the capacity of a "jury of peers" for alleged Code violators. This approach is effective for neighborhood nuisances and community-related Code violations such as animals running at large and lot clearings. 1013 of 1102 The qualifications for a Special Magistrate as outlined in the proposed ordinance require the individual to be a member in good standing with the Florida Bar who has a minimum of five (5) years’ experience. As a legal professional, the Special Magistrate could provide consistent rulings for violations of a technical or legal matter. Hearings before the Special Magistrate will be scheduled at least once a month, with additional hearings whenever necessary. Since a quorum is not necessary, hearings before the Special Magistrate would be easier to schedule. A higher volume of cases could also be handled in a shorter timeframe. In addition, the use of a Special Magistrate may reduce City staff preparation time for the hearings. The Special Magistrate will also help to facilitate the City’s initiatives to revitalize the Heart of Boynton areas. For example, the City is currently examining Use and Occupancy permits for commercial and rental property as an additional tool to assure that property maintenance meets City standards. Where such standards are not met, the cases will be brought before the Special Magistrate for expedient processing. This process will allow the City to verify that life/safety issues, along with general property aesthetics, are checked on an annual basis, which provides the community a consistent quality of life expectation in all neighborhoods. A Special Magistrate will assist the City in streamlining and expediting its goals to revitalize and develop the Heart of Boynton areas and the City as a whole. HC? The use of a Special Magistrate OW WILL THIS AFFECT ITY PROGRAMS OR SERVICES will result in an overall improvement in the efficiency of the City’s Code Compliance program. Since the Special Magistrate will allow the City to handle more cases in a shorter period of time, compliance might also be achieved in a shorter period of time. This would be particularly beneficial with cases in problem areas in the City. Because the hearings would be streamlined, it could be possible to have 2 hearings per month, which would enable the Code Compliance Department to process more cases a month. Thus, there will be an overall improvement in the City’s appearance, which is a benefit to both citizens and visitors. FI: There will be a fiscal impact when we enter into the Special Magistrate ISCAL MPACT agreements. Staff will follow up with the appropriate budget amendment and estimated There is no specific fiscal impact in adopting this ordinance. costs at that time. A: Do not consider use of Special Magistrate for Code Compliance. LTERNATIVES 1014 of 1102 ORDINANCE 13-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2, ARTICLE V OF THE CODE OF ORDINANCES ENTITLED “CODE COMPLIANCE BOARD” TO PROVIDE FOR THE USE OF SPECIAL MAGISTRATES FOR CODE COMPLIANCE AND ENFORCEMENT MATTERS; TO CHANGE REFERENCES TO “SPECIAL MASTER” TO “SPECIAL MAGISTRATE” SUCH THAT THE CITY’S CODE IS CONSISTENT WITH FLORIDA STATUTES; AND TO CLARIFY THE AMOUNT OF TIME THE CITY COMMISSION HAS TO OBJECT TO LIEN MODIFICATION ORDERS; PROVIDING FOR CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton 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 , Part II, Article V, Section 2-82 of the City’s Code of Ordinances permits Special Magistrates, designated by the Commission, to hold hearings and assess fines against violators of the City’s Code; and, WHEREAS , the City’s Code does not contain specifications for the retention of such Special Magistrates; and, WHEREAS , an amendment to Chapter 162, Florida statutes changed the title “Special Master” to “Special Magistrate”; and, WHEREAS , the City wishes to modify its Code to be consistent with the terminology utilized within the Florida Statutes; 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 establish the specifications for retention of Special Magistrates and to modify the nomenclature in the City’s Code such that is consistent with Florida law. 1015 of 1102 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, as if fully set forth herein. Section 2. Part II, Chapter 2, Article V of the Code of Ordinances of the City of Boynton Beach shall be amended as follows: ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE Sec. 2-72. Intent. Declaration of legislative intent. It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens and residents of the City by authorizing the creation and use of an administrative Board or Special Magistrate with authority to impose penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any Codes and ordinances in force in the City where a pending or repeated violation continues to exist. Rules and regulations, consistent with the provisions of Florida law, necessary to carry out the provisions of this Article may be adopted by resolution of the City Commission. Sec. 2-73. Definitions. As used in this article: . . . Special Magistrate shall mean the City’s Special Magistrates appointed by the City Commission to conduct hearings pursuant to Section 2-82 of this Article and Chapter 162, Florida Statutes. Except for Board voting requirements, any reference in the City’s Code to “Code Enforcement Board” shall include Special Magistrate(s). Sec. 2-74. Creation, appointment, organization of Board. Establishment of Magistrate. . . . The City Commission may appoint one (1) or more Special Magistrates with the following conditions: (e) The Special Magistrate shall be appointed by the City Commission and shall serve with compensation as established by the City Commission by resolution. A Special Magistrate shall not be a City employee. (f) The Special Magistrate must be both an attorney and a member in good standing with the Florida Bar for a minimum of five (5) years. 1016 of 1102 (g) The Special Magistrate shall have some experience in zoning and land use law, building control, Code enforcement, and/or administrative law. (h) The Special Magistrate will be bound by the Code of ethics of the Florida Bar as currently proscribed or as amended from time to time. (j) A Special Magistrate shall not be authorized to hire or use the services of any person except those provided by the City to assist him or her in the performance of his or her duties. Sec. 2-75. Provisions wider Jurisdiction of Boards and Magistrates. (a)The Code Enforcement Boards shall compliance enforce and have jurisdiction of the following Codes: Part II, Code of Ordinances fire Codes, Chapter 9, licenses, Chapter 13 as well as Part III, Land Development Regulations planning and development generally, Chapter 1.5; zoning Chapter 2; planned unit developments, Chapter 2.5; community design plan, Chapter 9; building, housing and construction, Chapter 20; signs, Chapter 21; parking lots, Chapter 23; and related technical Codes in force in the City. (b)The Special Magistrates shall enforce and have jurisdiction over any and all Codes within the City’s Code of Ordinances, as provided by Florida law. Sec. 2-76. Enforcement procedure. (a) It shall be the duty of the Code inspector to initiate enforcement proceedings of the various Codes; however, no member of the Board and no Magistrate shall have the power to initiate enforcement proceedings. (b) If a violation of the Codes is found, the Code inspector shall notify the violator, unless subsection (c) of this section applies, and give said violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code inspector shall notify an enforcement Board or Special Magistrate and request a hearing. The Code compliance Board or Special Magistrate, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2-81 to the said violator. At the option of the Code compliance Board or Special Magistrate, notice may additionally be served by publication or posting as provided in section 2-81. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code inspector, the case may be presented to the enforcement Board or Special Magistrate even if the violation has been corrected prior to the Board hearing and the notice shall so state. (c) If the Code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the Code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement Board or Special Magistrate and request a hearing. (d) If a repeat violation is found, the Code inspector shall notify the violator, but it is not required that he give the violator a reasonable time to correct the violation. The Code inspector, after notifying the violator of a repeat violation, shall notify the Code Enforcement Board or Special Magistrate and request a hearing. The Code compliance Board or Special Magistrate, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 2-81. The case may be presented to the Code 1017 of 1102 compliance Board or Special Magistrate even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. (e) If the owner of property which is subject to an enforcement proceeding before an enforcement Board, special master Magistrate, or court transfers ownership of such property between the time and initial pleading was served and the time of the hearing, such owner shall: . . . Sec. 2-77. Conduct of hearing. (a)Upon the request of the Code inspector or other designated City employee, or at such other times as may be necessary, a hearing may be convened by one of the following methods: a.The chairman of an enforcement Board may call a hearing of an enforcement Board; a hearing may also be called by written notice signed by at least three (3) members of an enforcement Board. Minutes shall be kept of all hearings by each enforcement Board and all hearings shall be open to the public. The City clerk shall provide clerical and administrative personnel as may be reasonably required by each enforcement Board for the proper performance of its duties. b.The Special Magistrate(s) may call a hearing. Minutes shall be kept of all hearings by each Magistrate and all hearings shall be open to the public. The City clerk shall provide clerical and administrative personnel as may be reasonably required by each Magistrate for the proper performance of the Magistrate’s duties. (b) Each case before an enforcement Board or Special Magistrate shall be presented by a member of the building department or Code compliance administrative staff. If the local governing body prevails in prosecuting a case before the enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred prosecuting the case before the Board or Special Magistrate. (c) An enforcement Board or Special Magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement Board or Special Magistrate shall take testimony from the Code inspector and alleged violator. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and govern said proceedings. . . . (e) At the conclusion of the hearing the enforcement Board or Special Magistrate shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. If the matter is heard by an enforcement Board, the findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the enforcement Board must vote for the action to be official. For all hearings, the order may include a notice that it must be complied with by a specific date, and that a fine may be imposed and, under the conditions specified in section 2-79, the cost of repairs may be included along with the fine, if the order is not complied with by said date; a certified copy of the order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real 1018 of 1102 property, and the findings therein shall be binding upon the violator, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement Board or Special Magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 2-78. Powers of Boards and Special Magistrates. Each enforcement Board or Special Magistrate shall have the power to: . . . Sec. 2-79. Administrative fine; liens. (a) The enforcement Board or Special Magistrate, upon notification by the Code inspector, that an order of the enforcement Board or Special Magistrate has not been complied with by the said specified time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed one thousand dollars ($1000.00) per day for a first violation and not to exceed five thousand dollars ($5000.00) per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if the Code Enforcement Board finds the violation to be irreparable or irreversible in nature for each day the violation continues past the date set by the enforcement Board or Special Magistrate for compliance or, in the case of a repeat violation for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the Code inspector. In addition, if the violation is a violation described in section 2- 76(c), the enforcement Board or Special Magistrate may render an order which includes authority for the City to make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. . . . (b) In determining the amount of the fine, if any, the enforcement Board or Special Magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the enforcement Board or Special Magistrate may authorize the City attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be enforced on real property which is a homestead under Section 4, Article X of the State Constitution. . . . 1019 of 1102 Sec. 2-80. Appeal. An aggrieved party, including the City Commission, may appeal a final administrative order of an enforcement Board or Special Magistrate to the circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the enforcement Board or Special Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Sec. 2-81. Service of notices. . . . (b) In addition to providing notice as set forth in subsection (a), at the option of the Code compliance Board or Special Magistrate, notice may also be served by publication or posting, as follows: (1) a. Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in the county where the Code compliance Board or Special Magistrate is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. . . . Sec. 2-82. Alternative Code enforcement system. The City hereby adopts an alternative Code enforcement system which shall provide the Code compliance Board or special masters Magistrates, hereinafter described and designated by the City Commission, the authority to hold hearings and assess fines against violators of the Codes and ordinances of the City. . . . Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate: . . . Sec. 2-86. Application for lien reduction. The Code Compliance Administrator or his designee shall provide the application for a lien reduction hearing. The application will be included with the affidavit of compliance issued by the Code Compliance Division. A complete application must accompany each lien reduction request that is to be heard before the Board or Special Magistrate. . . . Sec. 2-88. Lien reduction procedure. A party requesting a lien reduction must submit a complete lien reduction application to the Code Compliance Division of the Police Department upon receiving verification that all conditions are complied with as stated in section 2-85. The Code Compliance Administrator or designee will process the application and determine that all required criteria have been complied with under City ordinance, section 2-85. If the applicant does not qualify for a hearing under section 2-85, the party will be notified in writing of the reasons and refunded one-half of the application fees. If the reduction application is 1020 of 1102 complete, the case will be placed on the next available Code Compliance Board or Special Magistrate Lien Reduction Agenda. The appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. If the matter is heard by a Board, a quorum must be present for the Board to hear a lien reduction and a majority of the entire Board must vote in the affirmative for a lien to be reduced or waived. The Code Compliance Administrator shall submit the Board or Special Magistrate's Lien Reduction Order to the City clerk, legal department and the City manager. The Code Compliance Administrator or his/her designee shall notify the applicant in writing of the Board's Lien Modification Order within seven (7) days following the entry of the order and of the date of the next City Commission meeting when the Commission shall hear the Board or Special Magistrate's recommendation if required. Sec. 2-89. Conduct of hearing for lien modification. The Code Compliance Board or Special Magistrate at a lien modification hearing shall make one of the following determinations: The lien shall be waived in full, reduced to a specified amount or shall be upheld in full. The Board or Special Magistrate shall hear all the facts regarding the specific Code or Codes the appealing party was in violation of, the date of the original Board hearing, the date the affidavit of noncompliance was issued, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case, prior to the Board making it’s a determination and order. The lien modification hearing shall not be a hearing de novo of the original case. Sec. 2-90. Final orders issued in lien modification hearings. Final orders shall be issued in lien modification hearings in accordance with the following procedure: (1) The Code Compliance Board or Special Magistrate shall issue its order in lien modification hearings in writing in a form approved by the City Attorney. Immediately following rendition of lien modification order, the City Clerk shall furnish a copy of the order along with minutes of the Code Compliance Board's meeting hearing to the City Commission. (2) Lien modification order issued by the Code Compliance Board or Special Magistrate shall be final unless a City Commissioner or an aggrieved party takes exception to the final order within seven (7) days of rendition of the order or a City Commissioner takes exception to the final order within seven (7) days of rendition of the order. (3) The Commission or an aggrieved party may request a review of an Code Compliance Board's order by notifying the City Manager or his/her designee of the intent to do so. If review of an Code Compliance Board's order is requested, the City Commission shall review the order of the Board within thirty (30) days of the request for review. On review, the City Commission may hear the position of the property owner, a Code Compliance Board representative, the Special Magistrate, or may rely upon the minutes of the Code Compliance Board proceeding regarding the propriety of the lien modification. (4) The City Commission shall make one of the following rulings: a. Affirm the Code Compliance Board's final Board order in full. b. Modify the Code Compliance Board's final order. 1021 of 1102 (5) The Commission shall direct the administration to take action consistent with the acceptance, rejection, or modification of the Code Compliance Board order. (6) The property owner shall be advised that in the event the property owner does not comply with the Code Compliance Board or Special Magistrate order, as approved or modified by the City Commission, within ninety (90) days of the Commission's action, then the Code Compliance Board's Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety- (90) day period shall be permitted, and no further action by the Code Compliance Board, the Special Magistrate, or the City Commission shall be permitted regarding lien reduction. Sec. 2-91. Violations and penalties. (a) The following table of violations and penalties shall be assessed by Code enforcement officers and shall be followed by the county court system as a special master Magistrate pursuant to section 2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation of other Codes or ordinances of the City heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein. . . . Sec. 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Board; survival of actions. All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive and be deemed merged and consolidated with the powers, duties, and responsibilities of the Code Compliance Board and the Special Magistrates. All previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked by the Code Compliance Board or Special Magistrate. 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 retain Special Magistrates for the purposes established by this ordinance. 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 1022 of 1102 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. Section 6. Effective Date. This Ordinance shall become effective on the date of second reading set forth below. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. 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: 1023 of 1102 ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 1024 of 1102 CODE ENFORCEMENT BOARD/SPECIAL MASTER CHART BOARD SPECIAL MASTER BOTH Town of Palm Beach Village of Tequesta Town of Hypoluxo City of Greenacres Village of Wellington Town of Lantana City of Delray Beach City of Lake Worth City of Riviera Beach City of Atlantis City of West Palm Beach Town of Highland Beach Village of North Palm Beach City of Palm Beach Gardens Town of Mangonia Park Town of Ocean Ridge Town of Jupiter City of Boca Raton Village of Royal Palm Beach City of Belle Glade Town of June Beach 1025 of 1102 13. B LEGAL October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-024 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Request abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. ER: Anthony Comparato is requesting to abandon portions of a XPLANATION OF EQUEST utility easement in conjunction with the Compson Place Apartments project currently under construction in Phase VI of the Renaissance Commons development, located at the SE corner of Congress Avenue and Gateway Boulevard. The applicant indicates that the abandonment is warranted because there are no longer any public utilities located within the easement and will not have any in the future. Therefore, these portions of the easement no longer serve a public purpose. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of the easement already accomplished in the field. The applicant has drafted a legal description and easement sketch for the newly created easement to replace the subject easement and provided copies to the Utilities and Engineering Departments for their review and approval. As such, staff recommends APPROVAL of the applicant’s request to abandon these portions of the subject 12 foot-wide utility easement, subject to recording the new easement in the County records. th The City Commission previous tabled this item at their September 17 meeting due to the applicant’s failure to comply with the notification requirements. The applicant has since sent the necessary notices by mail and posted signs on the property. The 1026 of 1102 th Planning & Development Board reviewed this request at their September 24 meeting and recommended approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 1027 of 1102 ORDINANCE NO. 13-024 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 12-FOOT WIDE UTILITY EASEMENT RUNNING NORTH AND SOUTH FOR A DISTANCE OF APPROXIMATELY 260 FEET AND IS LOCATED APPROXIMATELY 50 FEET EAST OF THE WEST BOUNDARY LINE OF THE APARTMENT DEVELOPMENT SITE, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Anthony Comparato is requesting to abandon portions of a utility easement running north and south for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site in conjunction with the Compson Place Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the 12 foot-wide utility easement no longer serves a public purpose, and the City Commission adopts that finding. 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 City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the 12 foot-wide utility easement running north and south for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site in conjunction with the Compson Place Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard, subject to staff comments. The property being abandoned is more particularly described as follows: See Composite Exhibit “A” attached hereto and incorporated herein Said lands lying in the City of Boynton Beach, Florida containing 3,904 and 390 square feet more or less. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. 1028 of 1102 Section 4. This Ordinance shall take effect immediately upon passage. st FIRST READING this 1 day of October, 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) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon portions of a utility easement running north and south for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site in conjunction with the Compson Place Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard, subject to staff comments. The property being abandoned is more particularly described as follows: 1029 of 1102 See Composite Exhibit “A” attached hereto and incorporated herein Said lands lying in the City of Boynton Beach, Florida containing 3,904 and 390 square feet more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2013. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2013. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 1030 of 1102 1031 of 1102 1032 of 1102 1033 of 1102 1034 of 1102 1035 of 1102 1036 of 1102 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-021 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 14, 2013 Abandonment of portions of a 12 foot-wide Utility Easement located at SUBJECT: Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. NATURE OF REQUEST Anthony Comparato of Compson Place Apartments, LLC, is requesting to abandon portions of a utility easement in conjunction with the Compson Place Apartments project currently under construction in Phase VI of the Renaissance Commons development, located at the SE corner of Congress Avenue and Gateway Boulevard (see Exhibit “A” – Location Map). The subject property is zoned SMU (Suburban Mixed Use) and is the last portion of the final phase to be constructed of the six phase master plan. One portion of the twelve (12) foot-wide utility easement to be abandoned runs in a north-south direction for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site. The other portion of the easement to be abandoned abuts the south boundary line of the apartment development site, is nonsymmetrical, and approximately 27 feet in length at its longest part. Sketches and legal descriptions of the portions of the subject utility easement to be abandoned are attached as Exhibit “B” and Exhibit “C”. The applicant indicates that the portions of the utility easement are being vacated because there are no longer any public utilities located within the easement and will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. The following is a description of the zoning districts and land uses of the properties that surround the subject request: 1037 of 1102 North: The northern portion of Phase VI of the Renaissance Commons mixed use development and farther north right-of-way of Gateway Boulevard; South: Phase V of the Renaissance Commons mixed use development (Monteverde Condominiums); East: Right-of-way of Renaissance Commons Boulevard and farther east is Phase IV of the Renaissance Commons mixed use development (Vistabella Townhomes); and West: The western portion of Phase VI of the Renaissance Commons mixed use development and farther west right-of-way of Congress Avenue. BACKGROUND The Renaissance Commons mixed use development was approved in six (6) phases over a period of years beginning in 2003. The first three (3) phases have been completed and occupied for a number of years. The later phases were approved shortly before the downturn in the economy and while construction was begun on the subsequent three (3) phases, work remains to bring them to completion. The Phase IV project to the east of this parcel consists of a condominium development (Villa Lago) which is completed and occupied and a townhouse component (Vistabella) which was started and several units have been completed and residents moved in, then construction stalled, and it is once again under construction. Phase V, located immediately south of the subject parcel, was designed as two (2) condominium towers (Monteverde), one of which is completed and occupied and the other simply has the foundation constructed. Lastly, Phase VI, the northernmost part of the site, is developed along both Congress Avenue and Gateway Boulevard, but the residential component immediately south of these commercial buildings lagged, again due to the economic downturn. Compson Place Apartments recently received the funding necessary to construct the final component of Phase VI, a 338 unit apartment complex. When the project was approved, it was recognized that the footprint of the building would encroach upon the previously dedicated water and sewer utility easement and as a result staff required the abandonment of the easement and dedication of a new easement. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of the easement already accomplished in the field. The applicant has drafted the legal description and easement sketch for the new replacement easement and provided copies to the Utilities and Engineering Departments for their review and approval. As a condition of approval of this abandonment request, the applicant shall record the new easement documents in the County records. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS/DIVISIONS 1038 of 1102 Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - N/A AT & T - N/A Florida Public Utilities - N/A Comcast - N/A RECOMMENDATION Staff has determined that the subject portions of the utility easement no longer serve a public purpose and that a new easement has been proposed to meet the utility needs of the subject project. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon these portions of the subject 12 foot-wide utility easement, subject to the recordation of the new easement in the County records. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\Staff Report.doc 1039 of 1102 1040 of 1102 1041 of 1102 1042 of 1102 1043 of 1102 EXHIBIT "D" Conditions of Approval Project name: Compson Place Utility Easement Abandonment File number: ABAN 13-003 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The abandonment of the portions of the 12 foot-wide utility easement X is subject to recording of a replacement easement acceptable to the City in the County records. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\COA.doc 1044 of 1102 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Compson Place Utility Easement Abandonment (ABAN 13-003) APPLICANT: Jeffrey Schnars P.E., Schnars Engineering Corporation APPLICANT’S ADDRESS: 949A Clint Moore Road, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: Abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons LOCATION OF PROPERTY: SE corner of Gateway Boulevard & Congress Avenue (1831 Renaissance Commons Boulevard) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant _X_ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 1045 of 1102 S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place Aban\DO COUS 13-003.doc 1046 of 1102 13. C LEGAL October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-028 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption. ER: As part of the City’s Economic Development initiatives the XPLANATION OF EQUEST Economic Development Division has requested to have an exemption for manufacturing equipment added to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. The proposed language is as follows: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: • Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. • Equipment must be purchased directly by the owner. • Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. • The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: 1047 of 1102 All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. Economic The proposed changes will partially fulfill one (1) objective outlined in the Development Initiatives & Implementation Plan adopted by the City Commission on October 18th, 2011. Objective #15 - Potential targets for interim relief provisions in economic recession. a. Identification – Workforce Housing; Utilities fees; Planning & Zoning fees; Building fees; County Impact fees; Engineering fees i. Expand opportunity for Utility fee no-interest payment plans to the entire City. (Currently limited to CRA) b. Implementation through ordinance changes - Temporary suspension; fee reductions; payment options; waivers; rebates The exemption will help the City be more competitive in recruiting businesses that are seeking to startup or relocate to Palm Beach County. In addition, the exemption will make it more financially feasible for businesses to expand their current operations and/or allow them to expand their operations sooner than originally planned. Under either case, the exemption will help in retaining and creating new jobs within Boynton Beach. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Based on projections the Development Department Building Division’s ISCAL MPACT revenue would decrease by estimated $30,000 to $50,000 over the next fiscal year. A: Don’t approve the exemption and leave the Boynton Beach LTERNATIVES Administrative Amendments to the 2010 Florida Building Code as currently written. 1048 of 1102 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF AN UPDATE TO THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE ADDING A MANUFACTURING EQUIPMENT PERMIT VALUATION EXEMPTION: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to the 2010 Florida Building Code on March 6, 2012 and June 4, 2013; and WHEREAS, the City Commission hereby adopts another update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption; and WHEREAS , such amendments must be transmitted to the State within 30 days after enactment of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit "A" adding a manufacturing equipment permit valuation exemption, which is attached hereto and incorporated herein by reference. 1049 of 1102 Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the administration of the building codes, existing administrative laws or rules of the City shall control. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. 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) 1050 of 1102 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the 2010 FLORIDA BUILDING CODE UPDATE ADOPTED ORDINANCE NO. 13-____ st EFFECTIVE October 1, 2013 ORDINANCE NO. 13-010 th EFFECTIVE JUNE 4, 2013 ORGINALLY ADOPTED ORDINANCE NO. 12-003 EFFECTIVE MARCH 6th, 2012 BEGINNING WITH PERMIT NO. 12-0923 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office 1051 of 1102 (561) 742-6357 Fax TABLE OF CONTENTS This document can be downloaded online – at no charge – by visiting the “Forms & Applications” section of the Building Division page on the City of Boynton Beach website at www.boynton-beach.org ADMINISTRATIVE CODE (Applies to all Construction Codes) Chapter 1 Administration Section Page 101 GENERAL………………………………………………………………………….. 3 102 APPLICABILITY…………………………………………………………………… 5 103 BUILDING DIVISION……………………………………………………………… 8 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL……………………... 8 105 PERMITS…………………………………………………………………………... 10 106 FLOOR AND ROOF DESIGN LOADS…………………………………………. 18 107 CONSTRUCTION DOCUMENTS……………………………………………….. 18 108 TEMPORARY STRUCTURES AND USES…………………………………….. 29 109 FEES……………………………………………………………………………….. 29 110 INSPECTIONS…………………………………………………………………….. 31 111 CERTIFICATES OF OCCUPANCY AND COMPLETION…………………….. 39 112 SERVICE UTILITIES……………………………………………………………… 41 113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS……………………. 41 114 VIOLATIONS………………………………………………………………………. 44 115 STOP WORK ORDERS………………………………………………………….. 44 116 UNSAFE STRUCTURES AND EQUIPMENT…………………………………. 45 117 TESTS……………………………………………………………………………… 46 118 WIND LOADS……………………………………………………………………… 46 119 SEVERABILITY……………………………………………………………………. 46 1052 of 1102 CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code hereinafter referred to as “this code.” 101.2Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exceptions : 1.Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2.Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with the Florida Building Code, Existing Building. 101.2.1Appendices. Provisions in the appendices shall not apply unless specifically adopted. 1053 of 1102 101.2.2Florida Building Code, Residential. Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters, code officials, and emergency responders during emergency operations. 101.3.1 Quality Control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting and inspection of any building, system, or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system, or plan, or their adequacy. The jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system, or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no Building Department employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28(9)(a) Florida Statutes, as may be amended. 101.4Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2Gas. The provisions of the International Fuel Gas Code with the Florida Fuel Gas Code Supplement shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 1054 of 1102 101.4.5Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.6Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.7Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.8Accessibility. For provisions related to accessibility, refer to Florida Building Code, Accessibility. 101.4.9Manufactured buildings. For additional administrative and special code requirements, see section 428, Florida Building Code, Building, and Rule 9B-1 F.A.C. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.1.1The Florida Building Code does not apply to , and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating 1055 of 1102 residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of this code and the Florida Building Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part V (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities, and permits shall be required for structural support and tie down, electrical supply, and all utility connections to such mobile or modular structures. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission or distribution of electricity. (g) Temporary sets, assemblies or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Service provider water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. (j) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (k) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 102.2.1In addition to the requirements of Section 553.79 and 553.80, Florida Statutes , facilities subject to the provisions of Chapter 395, Florida Statutes (Hospital Licensing and Regulation), and Parts II and VIII of Chapter 400, Florida Statutes (Nursing Homes), shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Parts II and VIII of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 1056 of 1102 102.2.2Buildings or structures for residential uses moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1.The building or structure is structurally sound and in occupiable condition for its intended use; 2.The occupancy use classification for the building or structure is not changed as a result of the move; 3.The building is not substantially remodeled; 4.Current fire code requirements for ingress and egress are met; 5.Electrical, gas and plumbing systems meet the codes in force at the time of original construction and are operational and safe for reconnection; and 6.Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the applicable Florida Statutes for all buildings or structures of the same residential occupancy class. 7.The requirements of Florida Building Code, Existing Building are also satisfied. 102.2.3The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. 102.2.4This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5Reserved. 102.2.6This Code does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5Reserved. 1057 of 1102 102.6Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Codes referenced in Section 101.4, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7Relocation of manufactured buildings. 1. Relocation of an existing manufactured building does not constitute an alteration. 2. A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. 3. A relocated building shall comply with the flood hazard area requirements of the new location, if applicable 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment on the surface of a roof be installed in compliance with the requirements of the Florida Building Code until the equipment is required to be removed or replaced. SECTION 103 BUILDING DIVISION 103.1Establishment. There is hereby established a division to be called the building division and the person in charge shall be known as the building official. All code officials employed by the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes. 103.2Reserved. 103.3 Reserved. SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 1058 of 1102 104.2Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings, structures, and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5Identification. The building official shall carry proper identification, as issued by the jurisdiction, when inspecting structures or premises in the performance of duties under this code. 104.6Right of entry. 104.6.1 Where it is necessary to make an inspection to enforce any of the provisions of this code, or where the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, or premises, unsafe, dangerous or hazardous, the building official is authorized to enter the building, structure or premises at all reasonable times to inspect or to perform any duty imposed by this code, provided that iIf such building, structure or premises are occupied, that credentials be presented to the occupant and entry requested. If such building, structure, or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, or premises, and request entry. If entry is refused, the building official shall have recourse to every remedies provided by law to secure entry. 104.6.2When the building official shall have first obtained a proper inspection warrant in accordance with F.S. 933, or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.7Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per F.S. 119. 104.8Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission 1059 of 1102 in the discharge of official duties. Any suit instituted against an officer or employee or member because of an act performed by that officer or employee or member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1Used materials and equipment. The use of used, recycled, or reclaimed materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the building division. 104.11Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. 104.11.1Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 1060 of 1102 104.11.3Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with provisions of the Florida Building Code, Accessibility. 104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. SECTION 105 PERMITS 105.1 Required. Any contractor, owner, or agent authorized in accordance with Florida Statute 489 who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical, plumbing or fire protection system, or accessible or flood resistant site element, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems, or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility sites as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. The building official is authorized to revoke or withhold the issuance of the future annual permits if code violations are found to exist. 105.1.3Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the 1061 of 1102 provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1.Building permits are not required for replacement or repair work having value of less than $1,000.00, providing, however, that such work will not adversely effect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Swings and other playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 5. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 6. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Gas: 1.Portable heating appliance. 2.Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1.Portable heating appliance. 2.Portable ventilation equipment. 3.Portable cooling unit. 4.Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5.Replacement of any part which does not alter its approval or make it unsafe. 6.Portable evaporative cooler. 7.Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 1062 of 1102 8.The installation, replacement, removal or metering of any load management control device. Plumbing: 1.The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2.The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3.The replacement of common household plumbing fixtures to existing supply lines and outlets. This does not include water heaters, bathtubs or showers. 105.2.1Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Notification shall be given to the building official including the work address, nature of emergency and scope of work immediately, or by next business day. 105.2.2Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the approval of the building official, without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3Temporary structures. A special building permit for a 6 month time period may be required before the erection of temporary structures such as canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands. Such structures shall be completely removed upon the expiration of the 6 month time limit. 105.3Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after 1063 of 1102 filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1If a state university, Florida college or public school district elects to use a local government’s code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2No permit may be issued for any building construction , erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Any electrical or plumbing or air-conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. The system: A. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value of over $50,000; or B. 1) Requires an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system. 2) Requires a plumbing system with 250 fixture units or more. 3) Requires Heating, ventilation and air-conditioning system that exceeds a 15-ton-per- system capacity, or if the project is designed to accommodate over 100 persons 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II or Contractor IV, certified under Section 633.521, Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 1064 of 1102 Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and sealedsuch document as provided in Section 471.025, Florida Statutes. 105.3.2Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned and invalid, 180 days after the date of filing, or for any six month period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each not to exceed three extensions. The extension shall be requested in writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies or federal agencies.” 105.3.4A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances. 105.3.5Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers’ Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement : State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the 1065 of 1102 building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 180 days of the contract's execution. The contract is subject to verification by the Department of Community Affairs. 105.3.8Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane. 105.4Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.4.1Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. 105.4.1.1If work has commenced and the permit is revoked , becomes null and void or expires because of lack of progress or abandonment, a new permit, or revalidation of the original permit, covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2If a new permit, or revalidation of the original permit, is not obtained within 180 days from the date the initial permit became null and void, the building official is 1066 of 1102 authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4The fee for renewal, reissuance, and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Reserved 105.6 Suspension or Revocation of permits 105.6.1Misrepresentation of application. The building official may suspend or revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.2 Violation of code provisions. The building official may suspend or revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.” 105.9Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to 1067 of 1102 remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 “Asbestos Removal” for additional requirements. 105.10Certificate of protective treatment for prevention of termites. A weather-resistant job- site posting board shall be provided to receive duplicate treatment certificates shall be provided as each required protective treatment is completed, supplying one copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12Work starting before permit issuance. Upon written request and approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 105.13Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 105.14Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall inspect such work. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed. In addition, they shall certify conformity to the permit, and upon completion of the structure, electrical, gas, mechanical or plumbing systems make and file with the building official written affidavit that the work has been done in conformity to the 1068 of 1102 reviewed plans and that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single family detached residential structures that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single family detached residential structures is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 CONSTRUCTION DOCUMENTS 107.1General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes& 61G15 Florida Administrative Code or Chapter 481, Florida Statutes& 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents 1069 of 1102 to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, and may require only one set of submittals. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, landscape architect, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents shall be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. (See also Section 107.3.5). 107.2.1.1Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the Florida Building Code. 107.2.1.2For roof assemblies required by the code , the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 107.2.1.3Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data 1070 of 1102 required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.4 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish through departmental policy, other standards for plans and specifications, in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2Reserved. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R- 3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.3Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 1071 of 1102 Exceptions: 1.Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 9B-1.009, F.A.C., shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be noted, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4Design professional in responsible charge. 107.3.4.1Reserved. 107.3.4.2Reserved. 107.3.4.3Certifications by contractors authorized under the provisions of Section 489.115 Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 1072 of 1102 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471,481 or 489, Florida Statutes. 107.3.5Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: 107.3.5.1 Commercial Buildings: 107.3.5.1.1Building 1.Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6.Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities 1073 of 1102 Early warning Smoke control Stair pressurization Systems schematic 7.Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8.Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9.Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10. Accessibility requirements shall include the following: 1074 of 1102 Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11.Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12.Special systems: Elevators Escalators Lifts 107.3.5.1.2 Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation 107.3.5.1.3 Plumbing 1.Minimum plumbing facilities 1075 of 1102 2.Fixture requirements 3.Water supply piping 4.Sanitary drainage 5.Water heaters 6.Vents 7.Roof drainage 8.Back flow prevention 9.Irrigation 10.Location of water supply line 11.Grease traps 12.Environmental requirements 13. Plumbing riser 14. Design flood elevation 107.3.5.1.4Mechanical 1.Energy Calculations 2.Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 1076 of 1102 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation 107.3.5.1.5 Gas 1.Gas piping 2.Venting 3.Combustion air 4.Chimneys and vents 5.Appliances 6.Type of gas 7.Fireplaces 8.LP tank location 9.Riser diagram/shutoffs 10. Design flood elevation 107.3.5.1.6 Energy Calculations 107.3.5.1.7 Engineering 1. Storm water drainage system and other requirements of the Engineering Division 107.3.5.2 Demolition 1. Asbestos removal 1077 of 1102 107.3.5.3Residential (One and Two-Family) 1.Site requirements Set back/separation (assumed property lines) Location of septic tanks 2.Fire-resistant construction (if required) 3.Smoke detector locations 4. Egress Egress window size and location stairs construction requirements 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables Termite protection Design Loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems 6. Accessibility requirements: show/identify accessible bath 7. Impact resistant coverings or systems 8. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials : 9. Electrical Electric service riser Wire sizes Grounding detail Complete load calculations Panel schedules Service equipment Panel locations 10.Mechanical: Energy calculations Exhaust systems Equipment specs and location Duct systems Ventilation Chimneys, fireplaces and vents Appliances 1078 of 1102 11.Plumbing: Water supply piping Sanitary drainage Water heaters Vents Roof drainage Back flow prevention Location of water supply line Environmental : 12.Gas Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location Riser diagram/shutoffs 13. Energy Calculations 14. Engineering Storm water drainage system and other requirements of the Engineering Division. 107.3.5.4 Swimming Pools 1. Barrier requirements 2. Spas 3. Wading pools 107.3.5.5 Exemptions. Plans examination by the building official shall not be required for the following work: 1.Replacing existing equipment such as mechanical units, water heaters, etc. 2. Minor electrical, plumbing and mechanical repairs 3. Annual maintenance permits 4. Manufactured buildings or prototype building plans except for local site adaptations and foundations of buildings, which are constructed on site, and modifications or structures that require waiver. 1079 of 1102 a. Site requirements setback/separation (assumed property lines) location of septic tanks (if applicable) b. Structural wind zone anchoring blocking c. Plumbing List potable water source and meter size (if applicable) d. Mechanical exhaust system clothes dryer exhaust kitchen equipment exhaust e. Electrical exterior disconnect location 107.4Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents. 107.5Retention of construction documents. One set of official construction documents shall be retained by the building official as required by Florida Statutes. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 1080 of 1102 108.2Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. 108.3Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building. 108.4Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 109 FEES 109.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80, Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems has been paid. 109.2Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.3 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Department fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.4 Building permit valuations. If, in the opinion of the building official, the claimed valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed, quantity estimates, and/or bona fide signed contracts (excluding land value) to meet the approval of the building official. For permitting purposes, valuation of buildings and systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. Valuation references may include the latest published data of national construction cost analysis services (Marshall-Swift, Means, etc.), as published by International Code Congress. Final building permit valuation shall be set by the building official. 1081 of 1102 109.4.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: • Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. • Equipment must be purchased directly by the owner. • Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. • The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 109.5 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system that requires a permit before obtaining the necessary permit(s) without prior approval from the building official shall be subject to a penalty of four times the permit fee that is required for the work. The building official shall have the authority to waive the penalty fee upon written appeal from the applicant. . 109.6Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law 109.7Plan filing fee. A plan-filing fee shall be paid at the time of filing a permit application as required, in accordance with the schedule as established by the applicable governing authority. The plan-filing fee is part of the permit fee and is deducted from the total amount of the permit fee. The plan-filing fee is nonrefundable. 109.8Refunds. All permit fees under this section are non-refundable and non-transferable 109.9Contractors 109.9.1 Contractor's responsibilities. It shall be the duty of every contractor who shall make contract for the installation or repairs of a building, structure, electrical, gas, mechanical or plumbing system, for which a permit is required to comply with state, county or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted. 109.9.2 Residential owner/builder exemption responsibilities. Pursuant to provisions of Chapter 489.103 and 489.503, Florida Statutes, an owner may make application for permit and must provide direct on site supervision with the construction, maintenance, 1082 of 1102 OWN USE AND alterations, or repairs of a one or two-family residence for his/her OCCUPANCY and not intended for sale. The construction of more than one residence by an individual owner in any 365 day period shall be construed as contracting and, such owner shall then be required to be licensed as a contractor. 109.9.3Non-residential owner/builder exemption responsibilities. An owner of any building may make application for a building permit for work in a building that is for OWN USE AND OCCUPANCY, his/her and wherein the work does not exceed a maximum of $25,000 within any 365 day period. SECTION 110 INSPECTIONS 110.1General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.2Preliminary inspection. Subject to the limitations of F.S. Chapter 553, before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building may apply. 110.3Required inspections. The building official upon notification from the permit holder or his or her agent, shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each 1083 of 1102 inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1.Foundation inspection. To be made after trenches are excavated and forms erected and required reinforcing steel is in place and, shall at a minimum include the following building components:  Stem-wall  Monolithic slab-on-grade  Pilings and pile caps  Footings/grade beams 1.1 Slab/Floor Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel or framing members installed and all building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components:  Roof sheathing  Wall sheathing  Floor sheathing  Sheathing fasteners  Roof/wall dry-in.  Gypsum board, as required  Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed prior to installation of the dry-in material. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components:  Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments  Lintel/tie beams complete, if applicable. 1084 of 1102  Framing/trusses/bracing/connectors (including truss layout drawings)  Draft stopping/fire blocking  Curtain wall framing  Fire resistant assemblies, joints and penetrations, as required  Accessibility. 3. Roofing inspection. Shall at a minimum include the following building components:  Dry-in  Insulation  Roof coverings (including in-progress)  Flashing 4. Energy insulation, thermal and ignition barriers 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 6. Final inspection. To be made after the building is completed and ready for occupancy. . 6.1Elevation certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 7.Swimming pool inspection.  First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain, and prior to placing of concrete shell.  Underground electric inspection  Underground piping inspection including a pressure test  Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed.  Final electric inspection to be made prior to filling the swimming pool with water.  Final permanent barrier inspection is to be made prior to filling the swimming pool with water.  In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17.  Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 8.Demolition inspections.  Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be 1085 of 1102 required for public educational facilities (See Section 423.27.20). 10. Where impact-resistant coverings or impact resistant systems are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following:  The system indicated on the plans was installed.  The system is installed in accordance with the manufacturer’s installation instructions and the product approval. B. Electrical 1.Underground inspection (including bonding and ground). To be made after trenches or ditches are excavated, conduit or cable is installed, and before any backfill is put in place. 2.Rough-in inspection. To be made after the building is dried-in, framing, fire-blocking and bracing is in place, and prior to the installation of insulation (if applicable), or wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. C. Plumbing 1.Underground inspection. To be made after trenches or ditches are excavated, piping is installed, and before any backfill is put in place. 2.Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to the is installation of insulation (if applicable), or wall or ceiling membranes. 3.Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. D. Mechanical 1.Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping is installed, and before any backfill is put in place. 2.Rough-in inspection. To be made after the building is dried-in, framing, fire blocking and bracing are in place and all ducting, and other concealed components are 1086 of 1102 complete, and prior to the installation of insulation (if applicable), or wall or ceiling membranes. 3.Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. E. Gas 1.Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2.Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3.Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. F. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1Footing and foundation inspection. Reserved. 110.3.2Concrete slab and under-floor inspection.Reserved. 110.3.3Reinforcing steel and structural frames. Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official. Certification that field welding and structural bolted connections meet designrequirements shall be submitted to the building official, upon request. 110.3.4Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. (Also refer to Sections 105.10 and 105.11) 1087 of 1102 110.3.5Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector. 110.3.6Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7Threshold building. 110.3.7.1The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect or the engineer of record. The contractor’s contractual or statutory obligations are not relieved by any action of the special inspector. 110.3.7.2The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification or number-of-stories criteria which would result in classification as a threshold building under s. 553 .71, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.3.7.3The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.3.7.4Each enforcement agency shall require that, on every threshold building: 110.3.7.4.1The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: “To the best of my knowledge and belief, the above described construction of all structural load- bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency.” 110.3.7.4.2 Any proposal to install an alternate structural product or system to which building codes apply shall be submitted to the enforcement agency for 1088 of 1102 review for compliance with the codes and made part of the enforcement agency’s recorded set of permit documents. 110.3.7.4.3All shoring and reshoring procedures , plans and details shall be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.3.7.4.4All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes. 110.3.7.5No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor , as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489. 105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.3.7.6The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.3.8Reserved. 110.3.9Other inspections services. The building official may make, or cause to be made by others, the inspections required by Section 109. He/she may accept reports of inspectors of recognized inspection services, provided that after investigation he/she is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. The building official may require the owner to employ an inspection service in the following instances: 1.For buildings or additions of Type I construction 2.For all major structural alterations 3.Where the concrete design is based on compressive strength (f ’c) in excess of 3000 pounds per square inch 4.For pile driving 1089 of 1102 5.For buildings with area greater than 20,000 square foot 6.For buildings more than 2 stories in height 7.For buildings and structures of unusual design or methods of construction Such inspectors shall be adequatelypresent at times work is underway on the structural . elements of thebuilding Such inspectors shall be a registered architect, or engineer, or a person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the Resident Inspector. At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 110.3.9.1Affidavit for Inspection. With specific prior approval of, and in a format acceptable to the building official, an affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied by extensive photographic evidence of sufficient detail to demonstrate code compliance. The photographic evidence shall be comprehensive in the display of the installation and/or construction and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be insufficient by the building official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 110.3.10Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 110.4Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability 110.5Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 1090 of 1102 110.6Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building inspector. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease in excess of 800 square feet of permeable land area r on any parcel ohas altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed engineer shall be submitted to the inspector in order to receive approval of the final inspection. SECTION 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 111.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a Certificate of Occupancy therefore as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Said certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building official. Certain fees, including the balance of the Arts in Public Places fee when applicable, are due prior to the issuance of a certificate of occupancy. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building division or other agency whose approval is inherent in the building permitting process, the building official shall issue a Certificate of Occupancy that contains the following: 1. The building permit number. 1091 of 1102 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the building division. 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3Temporary/partial occupancy. A 30-day temporary/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The building official may require, once all life safety issues have been complied with, an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred ten percent (110%) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the jurisdiction retains the right to have the applicant surrender the cash surety. The jurisdiction then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashiers check. Surety shall be returned upon approval of all final inspections and upon written request that has been approved by the building official. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 111.4Certificate of Completion. Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant 1092 of 1102 authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 111.5 Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate of Occupancy or Completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES 112.1Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official and a Certificate of Occupancy or Completion is issued. The servicing utility company shall not connect the power supply until notified by the building official. 112.2Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary Certificate of Occupancy. 112.3Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life, or property, or unsafe condition, or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and whenever possible the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge , and experience in the technical codes to includeto the greatest extent possible,an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications 1093 of 1102 referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 113.2.2 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 116.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1.The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2.The provisions of this code do not apply to this specific case. 3.That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4.The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof 1094 of 1102 would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence be provided by an architect or engineer registered in the State of Florida, in which case said evidence shall be signed, sealed, and dated. 1095 of 1102 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances, rules and regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of applicable codes, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for thepurposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed “Code Inspectors”, as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. 115.2Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. Where an 1096 of 1102 emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 115.3Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.2If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to 1097 of 1102 continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) mailing of day period following the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 TESTS The building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or agent, by an approved testing laboratory or other approved agency. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 1098 of 1102 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 1099 of 1102 14. A FUTURE AGENDA ITEMS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of providing the Boynton Beach EQUESTED CTION BY ITY OMMISSION Community Redevelopment Agency Board the authority to act as a review and recommendation body for major site plan applications for projects located within the CRA District boundaries. - 11/5/13 ER: The Boynton Beach Community Redevelopment Agency (CRA) XPLANATION OF EQUEST Board is seeking approval to become a review and recommendation body for projects requiring major site plan approval on properties that are located within the CRA district boundaries. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 1100 of 1102 14. B FUTURE AGENDA ITEMS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approving an Ordinance amending the General EQUESTED CTION BY ITY OMMISSION Employees Pension Plan to include amendments that were made during the last legislative session to the Florida Statutes effecting pension plans - 11/5/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 1101 of 1102 14. C FUTURE AGENDA ITEMS October 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of parking fee collection and EQUESTED CTION BY ITY OMMISSION maintenance at Oceanfront Park. - 11/5/13 ER: At the September 3, 2013 Commission Meeting, there was XPLANATION OF EQUEST discussion regarding how Oceanfront Park is maintained, and about the schedule during which parking fees are collected. As such, staff was requested to provide information regarding these items so that alternative options could be considered. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 1102 of 1102