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Agenda 07-16-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 WEDNESDAY, JULY 16, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Joe Casello Vice Mayor – District IV David T. Merker Commissioner – District I Mack McCray Commissioner – District II Michael M. Fitzpatrick Commissioner – District Ill Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org 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 464 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Welcome visiting delegation members from the City's Sister City of Les Cayes, Haiti. B. Budget Workshop dates/times for FY 14/15 Operating and Capital Budget - Monday – 7/21/14 beginning at 2:00 p.m.; Tuesday – 7/22/14 beginning at 10:00 a.m.; Wednesday – 7/23/14 beginning at 2:00 p.m. (if needed) in City Library Program Room C. Announcement of Invitation to the City of Boynton Beach 1st Annual Flood Awareness Workshop to be held at the Boynton Beach City Library, Library Program Room on July 24, 2014 at 7:00 p.m. Doors open at 6:30 p.m. D. Presentation by Matt Forrest of Ballard Partners, Inc., on the 2014 Legislative Session for the State of Florida 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 1 alternate Building Board of Adjustment and Appeals: 1 alternate Cemetery Board: 1 alternate 3 of 464 Education & Youth Advisory Board: 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular and 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 alternate Veterans Advisory Commission: 1 alternate 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments PROPOSED RESOLUTION NO. R14-058 A. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with GJARS Properties LLC, for the property at 1221 Miner Road, Lantana, FL. PROPOSED RESOLUTION NO. R14-059 B. - Approve Maintenance Agreement with the Boynton Beach Athletic Association for certain maintenance of the Little League ball fields located on City property commonly known as Little League Park for a three (3) year term beginning October 1, 2014. PROPOSED RESOLUTION NO. R14-060 C. - Approve an amendment to the City's State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for increasing the amount of subsidy for First Time Homebuyers and reducing the term of the City's mortgage. PROPOSED RESOLUTION NO. R14-061 D. - Approve an amendment to the City's current Community Development Block Grant (CDBG) One Year Action Plan to decrease the Economic Development line item and to create a new line item for purchase of playground equipment for Sara Sims Park. E. Approve phase two of the City's Green Building Program Voluntary National Green Building Standard for residential dwelling units, advancing Climate Action Plan initiatives 4.5.2, Sustainable Construction and 4.5, Land Use and Development. F. Approve the minutes from the Regular City Commission meeting held on July 1, 2014 G. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for July 15, 2014 - "Request for Extensions and/or Piggybacks". H. Accept the written report to the Commission for purchases over $10,000 for the month of June 2014. 4 of 464 I. Approve additional funding for the Schoolhouse Museum in the amount of $40,000 for FY 13/14. J. Approve a piggy-back of the Palm Beach County Term Contract No. 10072B and 10072B-1 for "Playground and Park Equipment and Parts" from REP Services of Lake Mary, Florida for the purchase of playground equipment for the Sara Sims Park in the amount of $79,615.20. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award for the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-14/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Nashville Medical & EMS Products, Inc. as the lowest, most responsive, responsible bidders for a projected annual expenditure of $125,000.00. Items will be ordered on an "As Needed" basis. B. Approve a piggy-back of the State of Florida Contract No. 405-000-10-1 for the purchase of gasoline and diesel fuel products for use in City vehicles and equipment for various departments through June 30, 2016. Estimated annual expenditures are $1,500,000. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in the amount of $45,000 in the case of Belinda Lester vs. 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. Approve request for Major Site Plan Modification to construct a one-story, 6,430 square foot restaurant building, including conversion of former Ball Park Café space (9,000 square feet) to ancillary hotel space, and related site improvements. Applicant: Bradley Miller, Miller Land Planning, Inc. 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 5 of 464 13. LEGAL A. Pursuant to Section 286.011(8), Florida Statutes, a private attorney-client session of the City Commission is requested for August 19, 2014 to discuss pending litigation in the following case: YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant Case No. 502013CA012688XXXXMB (slip & fall) 14. FUTURE AGENDA ITEMS A. Resolution adopting the 2014 CDBG One-Year Action Plan - August 5, 2014 B. Discuss impact of pending legislation legalizing restricted use of medical marijuana. TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 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. 6 of 464 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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: Welcome visiting delegation members from the EQUESTED CTION BY ITY OMMISSION City's Sister City of Les Cayes, Haiti. ER: This week, a delegation representing our Sister City of Les XPLANATION OF EQUEST Cayes, Haiti, will be visiting Boynton Beach and touring various City Departments.  Mrs. Karine Conde Emeran, Regional Director Department of the South, Ministry of Tourism  Mr. Serge Chery, Delegate, Department of the South, Cayes  Mr. Ardouin Zephirin, Consultant for the South Delegation " Fire Rescue" Delegate, Department of the North Cap-Haitien  Monsieur Ruthlande Anglade, Regional Director of Department of the South Ministry of Interior and Territorial Collectivities  Mr. Bruce Myrtil, Commissioner/Departmental Director DDS A.I. (Chief of the Police)  Patrick Conde, Agronomist/ Private Sector Cayes  The Cousul from Miami (tentative) Departments in Haiti are comparable to our states and delegates are equivalent to our governors. In addition, in the audience tonight, with the delegation, are several board members of the Greater Boynton Beach Sister Cities that should also be introduced. 7 of 464 In honor of the visiting delegation, the Greater Boynton Beach Sister Cities is hosting a Cocktail Reception on Thursday, July 17, 2014, from 5:30 p.m. to 7:30 p.m., at the Intracoastal Park Clubhouse. The organization is inviting the public to attend. Tickets may be purchased online at www.boyntonsistercities.org for a $25 donation or at the door for a $30 donation per person. For more information, contact info@BoyntonBeachSisterCities.org. FI: N/A ISCAL MPACT A: Do not welcome members. LTERNATIVES 8 of 464 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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: Budget Workshop dates/times for FY 14/15 EQUESTED CTION BY ITY OMMISSION Operating and Capital Budget - Monday – 7/21/14 beginning at 2:00 p.m.; Tuesday – 7/22/14 beginning at 10:00 a.m.; Wednesday – 7/23/14 beginning at 2:00 p.m. (if needed) in City Library Program Room ER: Staff has scheduled the FY 14/15 Budget Workshops to XPLANATION OF EQUEST take place Monday through Wednesday, July 21 – 23, 2014. They will take place in the City’s Library Program Room : Monday – 7/21/14 Beginning at 2:00 p.m. Tuesday – 7/22/14 Beginning at 10:00 a.m. Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2014/15 as well as the Preliminary Fire Assessment Rate Resolution. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 9 of 464 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 Invitation to the City of Boynton EQUESTED CTION BY ITY OMMISSION st Beach 1 Annual Flood Awareness Workshop to be held at the Boynton Beach City Library, Library Program Room on July 24, 2014 at 7:00 p.m. Doors open at 6:30 p.m. ER: The City of Boynton Beach invites all Homeowner’s, XPLANATION OF EQUEST Neighborhood and Condo Association’s Board Members, Property Managers and City st of Boynton Beach residents to attend the 1 Annual Flood Awareness Workshop hosted by the City of Boynton Beach Utilities Department, in partnership with the South Florida Water Management District and Lake Worth Drainage District. “Know the Flow” of Flood Waters and learn the basics for protecting your home and community from flooding due to hurricanes, tropical storms and heavy rains. H? This workshop is the first in a year- OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES long series of public meetings to inform and educate the public on topics such as flooding and drought management and preparedness, neighborhood utility improvement projects and FEMA Flood Zone Mapping. FI: N/A ISCAL MPACT A: Do not allow announcement LTERNATIVES 10 of 464 11 of 464 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation by Matt Forrest of Ballard Partners, EQUESTED CTION BY ITY OMMISSION Inc., on the 2014 Legislative Session for the State of Florida ER: At the City Commission meeting of October 1, 2013, the XPLANATION OF EQUEST Commission approved entering into an agreement for Lobbyist Services with Ballard Partners, Inc. The City Commission provided a list of legislative priorities to be addressed in Tallahassee during the 2014 Legislative Session. Ballard Partners, Inc. is providing a written report and presentation summarizing pertinent legislation, budgetary concerns and funding opportunities. H? To be determined. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None at this time. ISCAL MPACT A: Not accept report. LTERNATIVES 12 of 464 May 14, 2014 To: Carisse LeJeune From: Joe McCann Re: 2014 Legislative Session Lori/Carisse: This report will provide a summary of three areas. First on the legislative side, these are the bills we engaged on either for or against. Most were bills that would have had a negative impact on Boynton Beach. Some were extremely problematic (anti-red light cameras) and others were cost shifts or decreases in funding (communications services taxes and SHIP funding). Secondly, on the budget side we were able to identify funding opportunities through new programs offered in this year’s session and lastly, a quick breakdown of the available grant resources through existing programs that we should identify and complete quickly. The Florida Department of Law Enforcement (FDLE) continues to be engaged in assisting the City in obtaining financial assistance as well as other partnership opportunities regarding our law enforcement complex. Let me know if it is necessary to follow up on our earlier meeting. Legislation Numerous bills this year would have impacted much needed revenue sources for the City of Boynton Beach or (on the plus side) would have helped the City in our primary goal of economic development. Communications Services Taxes: Failed—City Opposed. Reducing the tax rate applied to the sale of communications services; reducing the tax rate applied to the retail sale of direct-to-home satellite services; conforming rates to the reduction of the communications services tax; revising the distribution of tax revenues received, etc. Effective Date: Upon becoming a law. On 05/02/2014 this bill died in Senate Appropriations. Red Light Camera’s: Failed—City Opposed, Despite several bills and numerous attempts no changes were made to red light camera laws this year. Tax Incentives and Economic Development: City Support. 13 of 464 This bill dealt with the ability to adjust the local business tax rates. The authorization of a statewide sales tax holiday on school supplies, hurricane preparedness supplies, youth bike helmets, medicinal pet food, energy efficient products and college meal plans. It also allowed for a Public Education Capital Outlaw (PECO) tax swap, which increases the tax rate on commercial electricity whilst reducing the sales tax rate. Finally, the bill adds language that holds “local governments harmless from this PECO tax swap.” HB 5601 has a $105 million fiscal impact to the state and will cost local governments $13.5 million in nonrecurring and $16.5 million in recurring revenue. Vacation Rentals: City Support. This bill allows municipalities to regulate vacation rentals with the following exceptions: We cannot specifically prohibit vacation rentals to regulate the duration that a rental can be rented. We are authorized to adopt ordinances for vacation rentals to address parking, noise and other issues often associated with these properties. Emergency Communication—E911 Fee The E911 fee is now to be collected from prepaid phones. This fee funds the cost to install and operate 911 emergency systems. The fee is reduced from $.50 to $.40 per month; however, the rate is open to change in the future. Affordable Housing: City Support. The stamp tax paid on all real estate transactions is used to fund a local housing trust, which is in partnership with and the primary source of funding for the State Housing Initiative Partnership (SHIP) and the State Apartment Incentive Loan (SAIL). For 2014- 2015, 100 million has been approved for SHIP and 67.7 million for SAIL. Small City Community Development Block Grants: City Support. Maintains current funding categories and ensures grants primarily benefit low and moderate-income families. It was drafted in cooperation with the Department of Economic Opportunity. Additionally, the bill increases accountability as it revises the current loan programs. The loan programs would include the Rural Community Development Revolving Loan Program, Economic Gardening Business Loan Pilot Program and the Black Businesses Loan Program. Municipal Governing Body Meetings Allows for one governing body of one municipality to hold joint meetings with the governing body of the county in which the municipality is located. Transportation- Department of Highway Safety and Motor Vehicles Authorizes local governments to establish regulations requiring gas stations to provide fueling assistance to drivers with disabilities. The bill also restricts bus drivers from loading or unloading in a manner that disrupts the general flow of traffic in the main traveled portion of the road. Homelessness Provides 4 million for homelessness issues, specifically the money will be used by the Department of Children and Families to provide technical training and support. Nicotine Dispensing Devices 14 of 464 Extends the definition of “nicotine dispensing devices” to cover electronic cigarettes, cigars and vaporizers. The bill makes it a non-criminal offence for those under 18 to possess electronic cigarettes, cigars and vaporizers. Tax On Sales, Use & Other Transactions Provided for the incremental reduction of taxes imposed on rental or license fees charged for use of commercial real property and provided for future repeal of tax. The bill died in its first committee reference, Commerce and Tourism on 05/02/2014. Relating to Growth Management/Development Exactions Prohibited local governments from imposing or requiring certain exactions on or against private property. This bill died in House Local & Federal Affairs Committee on 05/02/2014. Sober Homes Disappointingly, the Sober Home legislation did not pass this year despite nearly (1 no vote) unanimous passage through the House of Representatives and all but one Senate Committee. Huge progress was made and the necessity for the passage of this legislation will be a major priority next year. New funding opportunities :  Challenge Grants awarded by the Office on Homelessness within DCF. Funds of varying levels, up to $500,000 could be awarded to the applying lead agency provided they meet the application, implementation and documentation standards. (HB 979) Line 2247 GAA, $3,800,000 total  The Emergency Solutions Grant (ESG) program was established to help improve the quality and quantity of emergency shelters for homeless persons, to help cover the costs of operating emergency shelters, and to fund essential supportive services to homeless individuals so they may have access to safe and sanitary shelter and the services and assistance they need to improve their situations. Funds are available annually and are awarded by the Department of Children and Families through a grant application process. Non-profit agencies and government entities are eligible to apply. Line 382 GAA, $6,227,493.  The Department of Transportation will create a grant program to provide funding of up to 50 percent of the nonfederal and nonprivate share of the total costs of any qualifying quiet zone capital improvement project - Local agencies may apply for grant funds after its quiet zone plan is approved by the department. Line 1890 GAA, $10,000,000 total. Existing funding opportunities : 15 of 464 Beach Management Funding Assistance (BMFA) Program Eligible activities include beach restoration and nourishment activities, project design and engineering studies, environmental studies and monitoring, inlet management planning, inlet sand transfer, dune restoration and protection activities, and other beach erosion prevention related activities consistent with the adopted Strategic Beach Management Plan. This has resulted in the restoration and subsequent maintenance of over 226.7 miles, or nearly 57%, of the state’s critically eroded beaches. Inlet Projects: Beach Management Program Funding Assistance Information The Florida Department of Environmental Protection, Division of Water Resource Management will be accepting funding requests from Florida Local Governments for Note that the FY2015-2016 Beach Management Funding Assistance Program soon. beach and inlet projects will require separate applications, as the Department anticipates the adoption of the updated program rule 62B-36, Florida Administrative Code, prior to the application deadline. Water Projects: F inancial assistance for wastewater, stormwater, drinking water, or surface water improvement projects. Loans at significantly discounted interest rates are available to fund both construction and pre-construction (planning, design) activities. The SRF is by far DEP's largest funding program and makes $200-300 million or more available, primarily to local governments, each year. Federal section 319(h) grants for stormwater retrofit projects and best management practices in priority watersheds. Local matching funds or in-kind contributions are required. Approximately $7-8 million is available each year depending on federal appropriations. Total Maximum Daily Load (TMDL) funding primarily for stormwater retrofit projects, is targeted to surface waters that have been identified as "impaired" (not meeting water quality standards) through DEP's TMDL program. The amount of financial assistance each year varies depending on legislative appropriations and may not be available every year. Department of State Projects: Cultural Facilities: The purpose of the Cultural Facilities Program is to coordinate and guide the State of Florida's support and funding of renovation, construction, or acquisition of cultural facilities. Historic Preservation (Special Category & Small Matching) The Historic Preservation Grants Program allocates state funds appropriated by the Legislature and federal funds apportioned to the state by the U. S. Department of the 16 of 464 Interior, National Park Service, for the preservation and protection of the state's historic and archaeological sites and properties. The program is administered by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State. Two types of grants are awarded through this program: Small Matching Grants and Special Category Grants. 17 of 464 City of Boynton Beach City Commission 2014 Legislative Priorities Unfunded Mandates : Oppose any unfunded mandates imposed on local governments through the legislative or budget process. Communications Services and Local Business Tax Protection Support legislation that protects the general revenues collected from the communication services tax and the local business tax which are used to provide services that our citizens want and need including public infrastructure, public safety services and public transportation infrastructure. Sober Homes Support legislation that defines and establishes statewide minimum regulatory standards for properties used for sober home facilities and allows for more stringent local regulations of these. Legislation has been filed that will regulate, license or require certification of Sober Homes. We believe that appropriate oversight by the state is necessary to ensure that safe living environments are ensured for residents. Pension Reform Support legislation that affirms the home rule powers of municipalities to establish and fund municipal employee benefit levels and provides comprehensive pension reform that will ensure our employee pensions remains sustainable and available to all employees. Economic Development Support a full range of legislation that will help provide jobs, continue and strengthen incentives for target industries, support for small and home based businesses, and general business investment. Extension of Enterprise Zones Support legislation that will allow for the continuation of Enterprise Zones to provide economic growth, access to capital, technical assistance, urban infill and job creation. Government-Owned Utilities Monitor and oppose any legislation that will remove home rule authority for municipalities providing water and sewer services outside municipal boundaries. Water Monitor legislation relating to water, water quality, stormwater and centralized sewer systems to ensure that the state or special districts do not impose unfunded mandates on local government utilities and to oppose schools & other educational institutions exemption from stormwater fees. Transportation: Monitor and support legislation that preserves local control of transportation planning and provides opportunities for additional revenue options to fund municipal 18 of 464 transportation infrastructure projects including non-motorized transportation corridors and local transit connectivity to existing and proposed regional transit systems. Commuter Rail : Monitor and support legislative and budget opportunities related to FEC commuter rail station for downtown Boynton Beach and budgetary opportunities to offset infrastructure costs and continue efforts to work with the State and company representatives to endure funding is provided for safety measures and quiet zones at all railroad crossings. CRA/Downtown Redevelopment & Transit Oriented Development (TOD’s) Support and monitor legislation that will strengthen and support the planning and implementation of transit-oriented developments (TOD’s) on a local and/or regional scale. Eco-tourism and Marine Industry Incentives Support legislation that will assist in protecting our beaches and supporting the marine industry. These include bills to create new, and enhance existing programs related to working marina’s, increased funding for kayak/canoe launches and water taxi’s as well as access to local waterways. Greenways & Trails Support legislation that encourages and funds Greenways & Trails. This includes safe bikeways & pedestrian ways, connectivity with regional plans as well as other non- motorized transportation incentives. Cultural Tourism Support legislation that identifies the importance of cultural tourism as an economic driver for local governments and provides funding opportunities for the creation and continuation of public art, galleries, libraries, events and festivals. Historic Preservation Support legislation that recognizes the importance of local and regional historic preservation and creates funding opportunities for programming and infrastructure projects that support historic preservation and provides grant funding. Actively seek funding opportunities for the preservation and rehabilitation of the city’s Old High School. Public Safety Support legislation that creates funding opportunities for replacing or building needed public infrastructure for the safety and welfare of the citizens and employees of the City of Boynton Beach. Actively seek funding opportunities for a new Police Facility and City Hall. 19 of 464 5. A ADMINISTRATIVE July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 1 alternate Building Board of Adjustment and Appeals: 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular and 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 alternate Veterans Advisory Commission: 1 alternate . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 20 of 464 21 of 464 22 of 464 6. A CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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. R14-058 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with GJARS Properties LLC, for the property at 1221 Miner Road, Lantana, FL. 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 on Miner Rd between N. Seacrest Blvd. and N. Federal Highway. 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. 23 of 464 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”. 24 of 464 RESOLUTION NO. R14-058 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 GJARS PROPERTIES 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 1221 Miner Road, Lantana, Florida (PCN: 00-43-45-09-08-000- 1510); and WHEREAS , the parcel covered by this agreement includes a multi-family home located in unincorporated Palm Beach County portion of the City’s utility service area; 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 sign a Water Service Agreement between the City of Boynton Beach, Florida and GJARS Properties 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 July, 2014. CITY OF BOYNTON BEACH, FLORIDA 25 of 464 ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Joe Casello _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 26 of 464 27 of 464 28 of 464 29 of 464 30 of 464 31 of 464 32 of 464 33 of 464 34 of 464 35 of 464 36 of 464 6. B CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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. R14-059 - EQUESTED CTION BY ITY OMMISSION Approve Maintenance Agreement with the Boynton Beach Athletic Association for certain maintenance of the Little League ball fields located on City property commonly known as Little League Park for a three (3) year term beginning October 1, 2014. :O1,2014–S30,2017 TERM OF AGREEMENT CTOBER EPTEMBER ER: In 2011, the City and Boynton Beach Athletic Association XPLANATION OF EQUEST (BBAA) entered into a maintenance agreement for ball fields at Little League Park. This agreement was created to allow the BBAA to maintain the fields at a level they deemed appropriate for their athletic events. In exchange, the City agreed to compensate the BBAA $20,000 annually for the three year term of the agreement. That agreement expires on September 30, 2014 but allows for three (3) additional three (3) year terms. This agreement has been beneficial to both parties. The BBAA now maintains the fields to their desired levels and the City has been able to reassign maintenance staff to other much needed activities in parks and city grounds. The annual stipend paid to the BBAA is clearly more cost effective than providing the field maintenance with City staff. In fact, the City estimates the annual savings to City operations to be around $30,000 on average based upon use, weather conditions, etc. Recently the City was requested by the BBAA to extend this agreement. This is not unexpected. However, the BBAA did request that the City consider increasing the annual stipend from $20,000 to $30,000. Staff has reviewed this request and finds that funds will likely not be available for this purpose. Staff has, however, amended the 37 of 464 agreement slightly to modify the terms included for payment of certain water, wastewater and electric utilities. This will increase city utility expense slightly adding between $5,000 and $10,000 to the annual grounds expense. Staff believes that with good oversight these utility expenses can be reduced. The BBAA agrees with the approach and therefore asks that the annual stipend of $20,000 be maintained.  Year 1 (FY14/15) $20,000  Year 2 (FY15/16) $20,000  Year 3 (FY16/17) $20,000 Staff recommends approval of the amended agreement. Previous Years expenditure:  FY 13/14 $20,000  FY 12/13 $20,000  FY 11/12 $20,000 H? This agreement allows staff OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES resources to be assigned to other maintenance endeavors. FI: Continued $20,000 expenditure in the Grounds Budget per fiscal year ISCAL MPACT for the next three (3) fiscal years. Fiscal impact can be viewed two ways. First, there is a slight increase between $5,000 and $10,000 in the annual grounds budget. A: 1) Not approve the maintenance agreement and maintain the Little LTERNATIVES League fields using in-house staff, or 2) Approve the maintenance agreement with lesser stipend given the BBAA. 38 of 464 RESOLUTION NO. R14-059 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH ATHLETIC ASSOCIATION, INC. (BBAA), TO ALLOW BBAA FOR CERTAIN MAINTENANCE OF THE LITTLE LEAGUE BALL FIELDS FOR A THREE YEAR PERIOD BEGINNING OCTOBER 1, 2014; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2011 the City Commission approved a Maintenance Agreement for ball fields at Little League Park; and WHEREAS , the Agreement was created to allow the Boynton Beach Athletic Association (BBAA) to maintain the fields at a level they deemed appropriate for their athletic events; and WHEREAS, that agreement, which expires September 30, 2014, has been beneficial to both parties; and WHEREAS , the City Commission of the City of Boynton Beach deems it in the best interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into the Agreement with Boynton Beach Athletic Association, Inc., for the maintenance of the Little League ball fields from October 1, 2014 through September 30, 2017. 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 and authorizes the City Manager to sign the Agreement between the City of Boynton Beach and Boynton Beach Athletic Association, to allow BBAA to manage the ball fields and 39 of 464 related amenities at Little League Park, a copy of said Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 40 of 464 AGREEMENT THIS AGREEMENT , made and entered into this _____ day of __________, 20___, by and between the: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, organized and existing under the laws of the State of Florida, hereinafter referred to as “CITY,” and BOYNTON BEACH ATHLETIC ASSOCIATION, INC., a Florida not-for-profit corporation, hereinafter referred to as “BBAA.” WITNESSETH: WHEREAS , City is the owner of the real property known as Little League Park, hereinafter referred to as “PARK”, situated in Palm Beach County in the City of Boynton Beach, rdth and bounded on two sides by S.W. 3 Street and S.W. 15 Avenue, respectively; and WHEREAS, Little League Park includes four lighted and fenced ballfields with score boards and bleachers, pitching wall, three batting cages, storage shed, picnic pavilion with tables and benches, concession stand building, restroom with storage area attached, clay and sand storage bins, Casey walkway and a parking area; and WHEREAS, both parties desire that said PARK be utilized to the greatest capacity for community use. NOW,THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: Recitals. 1.0 The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Use of Little League Park. 2.0 2.1BBAA will have full control of the Park and amenities during times when this Agreement remains in force. 2.2BBAA will have sole authority to approve and schedule use of the PARK by other groups not related to Little League providing said groups meet CITY permitting and insurance. Maintenance. 3.0 BBAA Shall: 41 of 464 3.1BBAA shall maintain the four ballfields from the fencing in. BBAA will also maintain the common areas surrounding the batting cages within the fenced area where the cages are situated. BBAA will maintain the common areas between fields 2 and 3 along the asphalt walkway to the end of the fencing on field 2 outfield, the Casey Walkway from the beginning of the asphalt walkway to the entrance of the batting cages, the area along the walkway between fields 1 and 4 from the beginning of the left field fence to the end of the backstop on field 4. 3.2 BBAA will maintain the batting cage structure and storage shed. 3.3. BBAA will maintain the garden areas behind the backstops on field 1 & 4. 3.4 Maintenance shall include the mowing, weeding, fertilizing, watering, clay and general repair of the fields. 3.5BBAA will maintain trash removal from the containers and cleaning and maintaining the restrooms. 3.6 BBAA will maintain the concession stand on a day to day basis however the CITY will be responsible for major structural repairs. 3.7 BBAA will have exclusive use of the storage area attached to the restrooms. 3.8 BBAA will be responsible for placement and maintenance of tables and benches in pavilion area only. 3.9BBAA will be responsible for bulb replacement on all fields. 3.10City will be responsible for all energy charges for ballfield lighting and the concession stand any other electric charges incidental to BBAA operations. City will assist with energy savings ideas and initiatives. 3.11BBAA shall maintain the Memorial Wall located at the rear of field 2. 3.12BBAA will be responsible for utility bills associated with potable water, and wastewater for the concession stand, Utility Account Number 225489- 46164. CITY shall: 3.11 CITY will train the appropriate BBAA personnel, as designated by the BBAA President, in the use and operation of the irrigation system. 3.12 CITY will continue to maintain all other areas of the PARK. 42 of 464 3.13 CITY will be accessible to answer questions and assist with maintenance issues beyond the control of BBAA during normal CITY working hours. 3.14 CITY will provide access to all electrical boxes, rooms and other areas necessary to properly monitor electrical needs or issues. 3.15 CITY will ensure that the parking areas are properly lighted during the term of this agreement. 3.16 CITY will train the appropriate BBAA personnel, as designated by the BBAA President, in the use and operation of the security system and cameras. 3.17 CITY will be responsible for utility bills associated with potable water, and wastewater for the public restrooms, Utility Account Number 225489- 22700. 3.18CITY will provide and pay for all costs associated with collection and disposal of solid waste. 3.19CITY will be responsible for utility bills associated with reclaimed water, Utility Account Number 138157-102706. Insurance 4. BBAA will provide the proper insurance approved by the CITY for all approved baseball activities played at the Park. The policy shall include comprehensive general liability insurance with minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability, including premises and operations. The policy shall be endorsed to contain the following provisions: 4.2.1. The City of Boynton Beach shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. 4.2.2 A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. 4.2.3 BBAA shall inform its insurer to furnish directly to the City of Boynton Beach certificates of insurance with original endorsements affecting coverage required within. BBAA shall 43 of 464 provide binders indicating placement of coverage to CITY prior to the effective date of this Agreement. 4.2.4 CITY will continue to maintain all necessary insurance coverage to protect its interest as determined by the CITY’S Risk Manager. BBAA will provide all necessary insurance coverage, as determined by the City’s Risk Manager, to protect the buildings and structures under the control of the BBAA as described in this Agreement. Consideration. 5.0 CITY shall pay to BBAA the following maintenance fees over the term of the Agreement: Year One - $20,000 Year Two - $20,000 Year Three - $20,000 Payments in the amount of $5,000 shall be paid as soon as practicable upon receipt of an invoice by the CITY from the BBAA according to the following annual schedule: First Payment: October 1 Second Payment: January 1 Third Payment: April 1 Fourth Payment July 1 BBAA shall provide documentation of its expenses during the quarter prior for which an invoice is submitted. Term 6.0 . This Agreement shall be for a period of three (3) years commencing on October 1, 2014. The parties may agree to renew the Agreement for three (3) additional three (3) year terms through the execution of a written Amendment to the Agreement signed by both parties. Termination. 7.0Each party may cancel this agreement for convenience or cause by providing written notice of at least thirty (30) days to the other party. Should this Agreement be terminated for cause, the reason(s) for the termination shall be included in the notice and can specifically include deletion of budget appropriations in future CITY budgets by the City Commission. Any termination for convenience shall be without liability to the terminating party. Conduct. 8.0BBAA agrees to conduct its activities upon the premises so as not to endanger any person lawfully thereon and to the extent provided by law, to indemnify and hold harmless the CITY, its officers, officials, agents, and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising out of or occurring during the activity of BBAA and those resulting or occurring from any negligent act, omission or error of BBAA, its officers, directors, agents, employees, guests, or members resulting in or relating to injuries to body, life, 44 of 464 limb, or property sustained in, about, or upon the premises or improvements thereto, or arising from the use of said premises. Compliance with laws. 9.0 BBAA agrees to comply with all laws of the United States, the State of Florida, and all local laws, including but not limited to the ordinances and regulations of the City of Boynton Beach, and all rules and requirements of the City Police and Fire Departments, and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during this Agreement in violation of any such laws, ordinances, rules, or requirements, and if the attention of the Licensee is called to any violation on the part of BBAA, or any person employed by or admitted to the said premises by Licensee, such BBAA will immediately desist from and correct the violation. Removal of Persons. 10.0 City reserves the right, through its representatives, agents and police to eject any objectionable person or persons from said facility, and upon the exercise of this authority, BBAA hereby waives any right and all claims for damages against the City. Evacuation of Premises. 11.0 City reserves the right to evacuate the premises or facilities during any activity in progress where it deemed necessary for the safety of the general public, patrons, or guests. Assignment Prohibited. 12.0 BBAA shall not assign this Agreement, or sublet the demised premises or any part thereof without the prior written consent of the CITY endorsed hereon. Notice. 13.0 Any notice or demand, which under the terms of this Agreement, or by any statute or ordinance given or made by a party hereto shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other at the address set forth below, or to such other address as such party may, from time to time, designate by notice: Notice to CITY shall be addressed to: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Notice to BBAA shall be addressed to: Boynton Beach Athletic Association, Inc P.O. Box 284 Boynton Beach, Florida 33425-0284 Agreement Binding; Amendment. 14.0 All terms and conditions of this written Agreement shall be binding upon the parties, their heirs or representatives, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person 45 of 464 of the parties hereto, unless the same be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. Authority. 15.0 Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Termination of Prior Agreement. 16.0This Agreement has the immediate effect of terminating any existing agreements between the CITY, BBAA, and Boynton Beach Little League, Inc., pertaining to the use of the PARK, including that agreement between the parties dated December 20, 2011. Any indemnification obligations in any previous agreements between the parties shall survive this termination. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH ___________________________ By____________________________ Lori LaVerriere, City Manager ___________________________ (CORPORATE SEAL) ATTESTED: ______________________________ City Clerk Approved as to form: ______________________________ City Attorney WITNESSES: BOYNTON BEACH ATHLETIC ASSOCIATION, INC. ___________________________ By___________________________________ President 46 of 464 ___________________________ By____________________________________ Secretary STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ______ day of ________, 20___ by _________________ and __________________, as President and Secretary, respectively, of Boynton Beach Athletic Association, Inc., a Florida corporation, on behalf of the corporation. They are personally known to me or have produced ____________________ as identification and did not (did) take an oath. (SEAL) __________________________________ Notary Public, State of Florida Signature of Notary taking Acknowledgment My Commission Expires: 47 of 464 48 of 464 49 of 464 50 of 464 51 of 464 52 of 464 53 of 464 54 of 464 55 of 464 56 of 464 57 of 464 58 of 464 6. C CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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. R14-060 - EQUESTED CTION BY ITY OMMISSION Approve an amendment to the City's State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for increasing the amount of subsidy for First Time Homebuyers and reducing the term of the City's mortgage. ER: The City of Boynton Beach has established a Local XPLANATION OF EQUEST Housing Assistance Plan (LHAP) in accordance with Section 420.907-907.9, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The City’s LHAP was initiated with adoption of Ordinance No. 97-11 on May 6, 1997. The program was designed to promote and implement the goals of the SHIP Program and the Housing element of the City’s Comprehensive Plan by producing and preserving affordable housing. The City of Boynton Beach receives dedicated revenues resulting from the William E. Sadowski Affordable Housing Act, which are distributed to various municipalities that are “entitled” communities to assist with affordable housing efforts. The City’s current LHAP was written for the period 2012 thru 2015 when the City received a minimal amount of funding in the amount of $54,000. This figure was used as the guideline to award subsidies as the SHIP program has not been fully funded since 2008. The City of Boynton Beach has been notified that it will be receiving $320,403 in SHIP funds for fiscal year 2014/15. In order to meet the current increase in housing conditions and utilize the anticipated funds, staff is requesting an increase their homebuyer subsidies as follows: 59 of 464 INCOME CURRENT PROPOSED Very Low $10,000 $40,000 Low $7,000 $25,000 Moderate $5,000 $15,000 The individual awards will be protected by placing an encumbrance by way of a second mortgage on the purchased property for fifteen years. The corrective page of the LHAP has been referenced as Attachment “A”. H? The program will continue OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to promote and implement the goals of the City’s Comprehensive Plan by producing and preserving affordable housing citywide for very low-income, low-income, and moderate income households within the City of Boynton Beach. Increasing the amount of subsidy and reducing the duration of the mortgage will make the City’s program more marketable to qualified buyers. FI: Increasing the subsidy will enable the City to expend the funds in a ISCAL MPACT timely manner as required by the State, and ensure the continuance of assisting first time homebuyers with housing affordability. A: Not approve the changes. LTERNATIVES 60 of 464 RESOLUTION R14-060 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CITY’S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP) INCREASING THE AMOUNT OF SUBSIDY FOR FIRST TIME HOMEBUYERS AND REDUCING THE TERM OF THE CITY’S MORTGAGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City’s current LHAP was written for the period of 2012 through 2015 when the City received minimal funding in the amount of $54,000; and WHEREAS, the City of Boynton Beach has been notified that it will be receiving $320,403 in SHIP funds for fiscal years 2014/15; and WHEREAS, in order to meet the current increase in housing conditions and utilize the anticipated funds, staff is requesting an increase in their homebuyer subsidies; and WHEREAS , the individual awards will be protected by placing an encumbrance by way of a second mortgage on the purchased property for a period of fifteen years; and WHEREAS , upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend the City’s State Housing Initiatives Partnership Program Local Housing Assistance Plan increasing the amount of subsidy for First Time Homebuyers and reducing the term of the City’s mortgage. 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 are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 61 of 464 approves and amendment to the City’s State Housing Initiatives Partnership Program Local Housing Assistance Plan increasing the amount of subsidy for First Time Homebuyers and reducing the term of the City’s mortgage to fifteen years. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2014. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Joe Casello _____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Mack McCray ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 62 of 464 63 of 464 64 of 464 65 of 464 66 of 464 SECOND MORTGAGE AND SECURITY AGREEMENT THIS SECOND MORTGAGE AND SECURITY AGREEMENT ("Mortgage"), made this day of , 2014 between whose post office address is: (hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, as Mortgagee and Secured Party, whose post office address is: 100 East Boynton Beach, Florida 33435, (hereinafter called the "Mortgagee"). W I T N E S S E T H: WHEREAS, is justly indebted to the Mortgagee in the principal sum of and 00/100 Dollars ($ .00) as evidenced by a certain Promissory Note ("Note") of even date herewith, executed by and delivered to Mortgagee, payable according to the terms therein provided, and by reference being a part hereof to the same extent as though set out in full herein; and WHEREAS, this second mortgage is an interest-free deferred payment loan instituted under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the first fifteen (15) years or upon Mortgagor’s default. NOW THIS INDENTURE WITNESSETH, to secure the performance and observance by of all the covenants, conditions and agreements in the Note, this Second Mortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents"), and in order to charge the properties, interest and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of TEN ($10.00) DOLLARS paid by and for other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; 67 of 464 ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more particularly described as follows: Property address: PCN: 08- TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self-operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. 68 of 464 ARTICLE ONE PARTICULAR COVENANTS OF MORTGAGE 1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and comply with all provisions hereof, of the Promissory Note (hereinafter referred to as "Note") secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. If the Mortgaged Property is not sold in the first fifteen (15) years, and remains the permanent residence of the Makers, then in that event this Note shall be forgiven and released. The Makers must permanently reside on the Mortgaged Property during the term of the Note and Mortgage. In the event the Makers fail to comply or default, the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder. 1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of the Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full power and lawful right to convey and mortgage the same in the manner and form aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current year a first mortgage in favor of and its successors, and any other permitted encumbrances. The Mortgage hereby makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all persons whomsoever. 1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and contingencies, including but not limited to flood, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, all premiums on such insurance policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys' fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as the Mortgagee may require. 1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, charges and expenses, including reasonable attorneys fees, including appellate proceedings, and 69 of 464 disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action, proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all conditions and covenants of this Mortgage and the Note secured hereby, including but not limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee shall become due and payable whether or not there be notice, demand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured by the lien of this Mortgage. ARTICLE TWO DEFAULTS 2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten days, the commencement of such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future federal, state or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated. (d) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured 70 of 464 thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (f) Any default under any mortgage superior or inferior to the Mortgage. (g) Any modification of any mortgage superior or inferior to the Mortgage, increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage. (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents. (i) Any action prohibited by paragraph 3.01 infra. (j) If the mortgaged property is sold, transferred or refinanced prior to the first fifteen (15) years of ownership, the entire amount of the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary residence of the new owner. For the new owner to be eligible, he or she must set up primary residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines. If the new owner is not eligible, the loan shall be due and payable to the Mortgagor. (l) Lease of any portion of the mortgaged property to a third party. 2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note. 2.03 Mortgagee's Power of Enforcement. If an Event of Default shall have occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the Mortgagee shall deem most 71 of 464 effectual for such purposes. The Mortgagee shall take action either by proceedings or by the exercise of its powers with respect to entry or taking possession, as the Mortgagee may determine. 2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to by the Mortgagor, a defense to any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.05 Principal and Interest Become Due on Foreclosure. Upon commencement of suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared due, and the interest accrued thereon, shall at once become and be immediately due and payable. 2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property as an entirety. 2.07 Acceleration; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or the Note secured hereby, then, upon demand of the Mortgagee, the Mortgagor will pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail to pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to recover a judgment for the whole amount so due and unpaid together with costs, which shall include the reasonable compensation, expenses and disbursements of the Mortgagee's agents and attorneys either before, after or during the pendency of any proceedings for the enforcement of the Mortgage including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be affected by any taking, possession, or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of any of the Mortgaged Property and of the application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of the debt remaining unpaid, with interest. (c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon 72 of 464 any such judgment upon any of the Mortgaged Property or upon any other property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Mortgagee under this paragraph 2.07 shall be applied as follows: "First, to the payment of the reasonable attorneys fees and expenses incurred by Mortgagee, its agents and attorneys, including but not limited to taxes paid, insurance premiums paid receivers fees, etc. Second toward payment of the amounts due and unpaid upon the Note." 2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the Mortgagee. 2.09 No Waiver of One Default to Affect Another. No waiver of any default hereunder shall extend to or shall affect any subsequent or any other existing default or shall impair any rights, powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby, (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f) consents to the granting of any easement thereon, or (g) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor, except as otherwise expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or corporation, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. 2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding has been taken. 2.11 Remedies Cumulative. No right, power or remedy conferred upon or reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be in addition 73 of 464 to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity or by statute. 2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all parties whose claim or liens are discharged or paid with the proceeds of the indebtedness secured by this Mortgage. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not to assign, sell, convey, transfer, lease, enter into any management agreement, or further encumber any interest in or any part of the Mortgaged Property without the prior written consent of the Mortgagee, and any such sale, conveyance, transfer, lease, or encumbrance made without Mortgagee's prior written consent shall constitute an event of default hereunder. If the Mortgagor is not an individual, it is further understood and agreed that any assignment, sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and prohibited herein. 3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged Property. 3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law. Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of interest in excess of the maximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the maximum rate allowed by law. 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law pre-empts Florida law or is otherwise applicable 3.05 Attorneys Fees and Expenses. Wherever provision is made herein from payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee, said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final judgment. 74 of 464 3.06 Notice. (a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to be served on or given to the Mortgagor may be served on or given to the Mortgagor at: Boynton Beach, FL or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee. Any notice demand or instrument authorized by this Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at: CITY OF BOYNTON BEACH ATTN: CITY ATTORNEY'S OFFICE 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee. 3.07 Headings. The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms or provisions contained in this Mortgage, the Note or any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby. ARTICLE FOUR ADDITIONAL PROVISIONS 4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to enter into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor that such representations and agreements by such other persons shall constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor. 75 of 464 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written. Signed, sealed and delivered in the presence of: _______________________ _________________________________________ WITNESSMORTGAGOR WITNESSPRINT NAME _______________________ _________________________________________ WITNESSMORTGAGOR WITNESSPRINT NAME STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH) I hereby certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared __________________________________________________________. He/she is personally known to me [or has produced __________________________________________________ as identification] to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witness my hand and official seal in the County and State named above this day of , 2014 Signed: __________________________________ NOTARY PUBLIC Print Name: _______________________________ 76 of 464 PROMISSORY NOTE SHIP PROGRAM BOYNTON BEACH, Florida Date: , 2014 FOR VALUE RECEIVED the undersigned, (hereinafter referred to as "Makers") promise to pay to the order of the CITY OF BOYNTON BEACH, a Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder"), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such other place as the Holder hereof may from time to time designate in writing, the principal sum of and 00/100 Dollars ($ .00) to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment as follows: This is a deferred payment loan issued under the guidelines of the City of Boynton Beach SHIP Program. If the Mortgaged Property is not sold in the first fifteen (15) years, and remains the permanent residence of the Makers, then in that event this Note shall be forgiven and released. The Makers must permanently reside on the Mortgaged Property during the term of the Note and Mortgage. In the event the Makers fail to comply or default, the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder. This Note is secured by a Mortgage Deed a/k/a Second Mortgage and Security Agreement (the "Mortgage") of even date herewith encumbering and conveying real estate and property (the "Mortgaged Property") therein described and duly recorded among the Public Records of Palm Beach County, Florida. The Makers shall pay any and all applicable federal, state and/or local taxes with regard to the obligations set forth herein and shall provide the Holder with annual paid tax receipts within thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes shall be an event of default as provided for hereinafter. It is hereby agreed that if in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; then, in any or all such events, the entire amount of principal of this Note with all interest then accrued, if any, shall, at the option of the Holder of this Note and without notice (the Makers expressly waives notice of such default), become and be due and collectable, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of an attorney at law for collection, and in that event, each party liable for the payment thereof, as Makers, endorser, guarantor, or otherwise, hereby agrees to pay the holder hereof in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred. Makers shall be in default of this Note if during the term of this Note, they assign, sell, 77 of 464 convey, transfer, lease, enter into any management agreement, further encumber, or vacate the premises. In the event of such default, the loan amount of the promissory note shall be immediately due and payable. This Note is pre-payable in whole or in part at any time without penalty. As to this Note and the Mortgage, and any other instruments securing the indebtedness, the Makers, endorsers and guarantors, if any, severally waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, and expressly agree that the Maturity Date of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Makers, endorsers or guarantors. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the Makers, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Makers, or any parties liable for the payment of the loan made pursuant to this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Makers, or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America. MAKERS: ___________________________________ S IGNATURE ___________________________________ S IGNATURE 78 of 464 6. D CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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. R14-061 - EQUESTED CTION BY ITY OMMISSION Approve an amendment to the City's current Community Development Block Grant (CDBG) One Year Action Plan to decrease the Economic Development line item and to create a new line item for purchase of playground equipment for Sara Sims Park. ER: The City Commission adopted Resolution No. R13-070 on XPLANATION OF EQUEST August 6, 2013, adopting the City’s Community Development Block Grant (CDBG) One Year action plan for fiscal year 2013/2014. The plan included a project for Economic Development in the amount of $187,000. The Community Improvement Staff is requesting to transfer $80,000 from the Economic Development project and to establish a new project COBB Recreation & Parks – Sara Sims Park for the purchase of playground equipment for the Sara Sims Park. This is an eligible CDBG activity as it benefits Low-Moderate Income persons in an area where more than 51% of the residents meet the required income. 2013/14 Activity Approved in R13-070 Amendment Amended Amount Economic Development $187,000 ($80,000) $107,000 P&R – Sara Sims Park -0- $80,000 $ 80,000 H? The activity will enhance the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES redevelopment efforts within the Heart of Boynton by providing and improving access to recreational facilities for the area. It will also complement the current improvements slated to commence with the Urban Lift grant activities coming on line this fiscal year. 79 of 464 FI: The utilization of un-encumbered grant funds will assist in the ISCAL MPACT purchase of much needed equipment for the park. A: Not to approve the amendment. LTERNATIVES 80 of 464 RESOLUTION R14-061 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CITY’S CURRENT COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN TO DECREASE THE ECONOMIC DEVELOPMENT LINE ITEM AND TO CREATE A NEW LINE ITEM FOR PURCHASE OF PLAYGROUND EQUIPMENT FOR SARA SIMS PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 6, 2013, the City Commission adopted the City’s Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2013/14; and WHEREAS , City Staff is requesting to transfer $80,000 from the Economic Development project and to establish a new project COBB Recreation & Parks – Sara Sims Park for the purchase of playground equipment for the Sara Sims Park; and WHEREAS, the activity will enhance the redevelopment efforts within the Heart of Boynton by providing and improving access to recreational facilities for the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an amendment to the City of Boynton Beach’s Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2013/14, to transfer $80,000 from the Economic Development project and to establish a new project COBB Recreation & Parks – Sara Sims Park for the purchase of playground equipment for the Sara Sims Park. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of July, 2014. CITY OF BOYNTON BEACH, FLORIDA 81 of 464 ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ ATTEST: Commissioner – Michael M. Fitzpatrick _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 82 of 464 83 of 464 84 of 464 85 of 464 86 of 464 87 of 464 88 of 464 89 of 464 90 of 464 91 of 464 92 of 464 93 of 464 94 of 464 6. E CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM th CMD: July 16, 2014 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 phase two of the City's Green Building EQUESTED CTION BY ITY OMMISSION Program Voluntary National Green Building Standard for residential dwelling units, advancing Climate Action Plan initiatives 4.5.2, Sustainable Construction and 4.5, Land Use and Development. ER: Approve phase two of the City's Green Building Program XPLANATION OF EQUEST Voluntary National Green Building Standard for residential. This second phase to the City’s existing Green Building Program will incorporate standards from the National Green Building Standard for residential single-family and multi-family dwelling units. H? The City's Green Building Program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES is based on principles and practices that reduce impacts from the built environment on human health and the natural environment. The City of Boynton Beach’s Climate Action Plan, adopted in 2010, outlined several strategies to make green building a cornerstone of construction and renovation in the community. In 2011, the Green Building Program, adopting the International Green Building Code as the first phase of this voluntary program, became effective which established energy efficiency requirements and other sustainable practices for commercial buildings. This year, staff has completed an update to the 2011 program, adding the National Green Building Standard (ICC 700 – 2012) as the residential component to the program. The Green Building Program is a voluntary participation program, furthering the implementation of the City’s approved Climate Action Plan, to achieve overall reduction of community-wide greenhouse gas emissions. The program offers expedited planning 95 of 464 and permit reviews, and applicants can apply for incentive funds through the Energy- Edge rebate program to offset the higher cost for more efficient products. By incentivizing more sustainable energy efficient construction and conservation efforts, the City benefits through both water use reduction, conserving a precious natural resource, and through energy reductions required to purify and deliver water to our citizens. Our citizens benefit through reduced energy and water bills and a more environmentally sustainable home. FI: None ISCAL MPACT A: Do not approve the addition of green building standards for residential. LTERNATIVES 96 of 464 97 of 464 98 of 464 99 of 464 100 of 464 101 of 464 102 of 464 103 of 464 104 of 464 105 of 464 106 of 464 107 of 464 108 of 464 109 of 464 110 of 464 111 of 464 112 of 464 113 of 464 114 of 464 115 of 464 116 of 464 117 of 464 118 of 464 119 of 464 120 of 464 121 of 464 122 of 464 123 of 464 124 of 464 125 of 464 126 of 464 127 of 464 128 of 464 129 of 464 130 of 464 131 of 464 132 of 464 133 of 464 134 of 464 135 of 464 136 of 464 137 of 464 138 of 464 139 of 464 140 of 464 141 of 464 142 of 464 143 of 464 144 of 464 145 of 464 146 of 464 147 of 464 148 of 464 149 of 464 150 of 464 151 of 464 152 of 464 153 of 464 154 of 464 155 of 464 156 of 464 157 of 464 158 of 464 159 of 464 160 of 464 161 of 464 162 of 464 163 of 464 164 of 464 165 of 464 166 of 464 167 of 464 168 of 464 169 of 464 170 of 464 171 of 464 172 of 464 173 of 464 174 of 464 6. F CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 July 1, 2014 The City Commission met on July 1, 2014 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 175 of 464 176 of 464 177 of 464 178 of 464 179 of 464 180 of 464 181 of 464 182 of 464 183 of 464 184 of 464 185 of 464 186 of 464 187 of 464 188 of 464 189 of 464 190 of 464 191 of 464 192 of 464 193 of 464 194 of 464 195 of 464 196 of 464 197 of 464 6. G CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 one-year extension for RFPs/Bids EQUESTED CTION BY ITY OMMISSION and/or piggy-backs for the procurement of services and/or commodities as described in the written report for July 15, 2014 - "Request for Extensions and/or Piggybacks". ER: XPLANATION OF EQUEST As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM Lou Bachrodt OEM Service and Parts 057-1412-13/MFD September 4, 2014 Freightliner, Nextran, for Large Truck and to Sept. 3, 2015. Palm Truck, Sunbelt, Heavy Duty Equipment and Trekker Steve Moore OEM Service and Parts 058-1412-13/MFD September 4, 2014 Chevrolet Delray for Small/Light Duty to Sept. 3, 2015 198 of 464 Vehicles and Equipment Vehicle Maint. Aftermarket Auto Parts, 056-1412-14/MFD September 4, 2014 Program, Palm Accessories and to Sept. 3, 2015 Beach Spring, Supplies Bennett Auto, The Parts House Culinary Solutions Food Catering in the R11-075 June 1, 2014 to event of a Hurricane December 31, 2014 and/or Disaster H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This renewal report will be used for those bids, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FI: Funds have been budgeted under line items as noted on the attached ISCAL MPACT report. A: Not approve renewals and require new bids to be issued. LTERNATIVES 199 of 464 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS JULY 15, 2014 REQUESTING DEPARTMENT: Finance/Warehouse DEPARTMENT CONTACT: Michael Dauta TERM: September 4, 2014 to September 3, 2015 SOURCE FOR PURCHASE: BID ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Lou Bachrodt Freightliner, Nextran Truck, Palm Truck, Sunbelt Waste and Trekker Tractor ANNUAL EXPENDITURE: $185,000. DESCRIPTION OF BID EXTENSION: On September 3, 2013, City Commissioners approved the bid award for the “Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy Duty Vehicles and Equipment” Bid no. 057- 1412-13/MFD to multiple vendors (see above). The purpose of this bid was to secure suppliers for service and parts for the City’s Large Truck/Heavy Duty Equipment Fleet on an “As Needed Basis”. The bid documents allow for two (2) one-year renewals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The five awarded vendors have agreed to extend the bid for an additional year with the same terms, conditions and pricing. REQUESTING DEPARTMENT: Finance/Warehouse DEPARTMENT CONTACT: Michael Dauta TERM: September 4, 2014 to September 3, 2015 SOURCE FOR PURCHASE: BID ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Steve Moore Chevrolet Delray ANNUAL EXPENDITURE: $125,000. DESCRIPTION OF BID EXTENSION: On September 3, 2013, Commissioners approved the bid award for the “Annual Supply of Original Equipment Manufacturer Service and Parts for Small and Light Duty Vehicles and Equipment”, Bid no. 058-1412-13/MFD to Steve Moore Chevrolet Delray for Chevrolet, Ford, and Dodge vehicles. The purpose of the bid was to secure suppliers for parts and service for the City’s Small Vehicle Fleet on an “As Needed Basis. The bid documents allow for two (2) one-year renewals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Steve Moore Chevrolet Delray has agreed to extend the bid for an additional one-year term with the same terms, conditions and pricing. REQUESTING DEPARTMENT: Finance/Warehouse DEPARTMENT CONTACT: Michael Dauta TERM: September 4, 2014 to September 3, 2015 SOURCE FOR PURCHASE: BID ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Vehicle Maintenance Program, Palm Beach Spring, Bennett Auto Parts, The Parts House 200 of 464 ANNUAL EXPENDITURE: $50,000. DESCRIPTION OF BID EXTENSION: On September 3, 2013, City Commissioners approved the award for the bid for the “Annual Supply of Aftermarket Automotive Parts, Accessories and Supplies”, Bid no. 056-1412-14/MFD to multiple vendors. The City issued this bid in an effort to secure pricing for the purchase of aftermarket parts (e.g., wipers, bulbs, filters, fuses) for the City’s Fleet on an “As Needed Basis”. The bid documents allow for two (2) one year renewals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The four awarded vendors have agreed to extend the bid for an additional year with the same terms, conditions and pricing. REQUESTING DEPARTMENT: Finance/Warehouse DEPARTMENT CONTACT: Michael Dauta TERM: JUNE 1, 2014 through DECEMBER 31, 2014 SOURCE FOR PURCHASE: CONTRACT FOR FOOD CATERING IN THE EVENT OF A HURRICANE/DISASTER VENDOR: B & J CATERING, INC. d/b/a CULINARY SOLUTIONS DESCRIPTION OF CONTRACT EXTENSION: Resolution R11-075 approved and authorized an Agreement between the City of Boynton Beach and Culinary Solutions to provide catering services for employees called in to work in the event a hurricane impacts the City of Boynton Beach. This Agreement was effective July 20, 2011. The vendor is responsible for providing Breakfast, Lunch and Dinner to feed City employees working various shifts. The vendor, Culinary Solutions, has agreed to renew the Agreement with the same terms and conditions for another hurricane season from June 1, 2014 through December 31, 2014. REQUESTING DEPARTMENT: DEPARTMENT CONTACT: TERM: SOURCE FOR PURCHASE: ACCOUNT NUMBER: VENDOR(S): ANNUAL EXPENDITURE: DESCRIPTION OF BID EXTENSION/PIGGY-BACK: REQUESTING DEPARTMENT: DEPARTMENT CONTACT: TERM: SOURCE FOR PURCHASE: ACCOUNT NUMBER: VENDOR(S): ANNUAL EXPENDITURE: DESCRIPTION OF BID EXTENSION/PIGGY-BACK: 201 of 464 202 of 464 6. H CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 June 2014. 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 June 2014: Purchase Order Vendor Amount 141120 & 141121 Stokes Mech Contractor, Inc. $ 11,344.00 141131 Kronos $ 11,593.95 141139 Impact Sport Surfaces, LLC $ 13,100.00 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. 203 of 464 FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 204 of 464 205 of 464 206 of 464 207 of 464 208 of 464 209 of 464 210 of 464 211 of 464 212 of 464 213 of 464 214 of 464 215 of 464 216 of 464 217 of 464 218 of 464 219 of 464 220 of 464 221 of 464 222 of 464 223 of 464 224 of 464 225 of 464 226 of 464 227 of 464 228 of 464 229 of 464 230 of 464 231 of 464 232 of 464 233 of 464 234 of 464 235 of 464 236 of 464 237 of 464 238 of 464 239 of 464 240 of 464 241 of 464 242 of 464 243 of 464 244 of 464 245 of 464 246 of 464 6. I CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 additional funding for the Schoolhouse EQUESTED CTION BY ITY OMMISSION Museum in the amount of $40,000 for FY 13/14. ER: The City entered into a Management Agreement with the XPLANATION OF EQUEST Boynton Cultural Center on February 16, 2010 regarding the operation of the 1913 Schoolhouse Museum, a city owned building. As part of the management agreement the City maintains the building as it relates to maintenance, utilities, etc. and to provide funding to the Schoolhouse Museum in support of personnel costs that were associated previously with city employees. The Schoolhouse Museum has requested $40,000 of additional funding in support of personnel costs for the remainder of FY13/14. The approved FY13/14 budget for the Schoolhouse Museum is $187,500 with $122,765 of that being budgeted for support of personnel costs. The Museum has experience a number of issues over the last couple of years including turnover of a couple of key positions which has hindered the applying and receiving of grant funds over the last 18- 24 months. This has created a need to request an additional $40,000 of personnel cost support from the City Commission for FY13/14. The Schoolhouse Museum staff has worked very diligently in the last six months to review the current operations and expenses and has reduced expenses where possible for this year and going forward. They have also concentrated on applying for grants and have had some success in being awarded a couple that will be received in the next year. They have also reviewed current marketing and programs and are in the 247 of 464 beginning stages of addressing how the museum is marketed and the programs that are offered. Staff has reviewed expenditures to date and identified the following as available funds that could be used to provide the additional $40,000. 001-1211-512-43-10 City Hall-Electric Service $15,000 001-1410-513-12-10 Finance-Regular Salaries $16,500 001-2110-521-91-04 Police-Grant Match $ 8,500 H? This additional funding will provide OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES needed support to the Schoolhouse Museum to continue to provide programs and services to the community for the remainder of FY 13/14. FI: Approval of this item would increase the FY13/14 Schoolhouse ISCAL MPACT Museum budget from $187,500 to $227,500. Specifically increasing line item 001-2612- 571-31-91 (Staff Services) from $122,765 to $162,765. It will also decrease the FY13/14 department budget for City Hall from $2,933,078 to $2,918,078, Finance Department from $1,121,577 to $1,105,077 and the Police Department from $24,994,799 to $24,986,299. A: Do not approve this additional funding. LTERNATIVES 248 of 464 249 of 464 250 of 464 6. J CONSENT AGENDA July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 piggy-back of the Palm Beach County EQUESTED CTION BY ITY OMMISSION Term Contract No. 10072B and 10072B-1 for "Playground and Park Equipment and Parts" from REP Services of Lake Mary, Florida for the purchase of playground equipment for the Sara Sims Park in the amount of $79,615.20. ER: XPLANATION OF EQUEST The Development/Community Improvement Department would like to use the funds from the Community Development Block Grant to create a playground for the Sara Sims Park. Sara Sims Park is located in the “Heart of Boynton” adjacent to the Sara Sims Memorial Park. The Park currently lacks recreational equipment for the “Five to Twelve Year” age group. A new creative play landscape area will draw children and families to the Park, allowing families to utilize the new playground and exposing family members to other Park facilities, thereby maximizing Park utilization. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES As a neighborhood park, Sara Sims Park should offer amenities to all ages in the “Heart of Boynton”. A creative play park will complement planned improvements to this area and create a family friendly atmosphere. FI: ISCAL MPACT The playground will be funded by the Community Development Block Grant from account number 110-3432-513-6404. The attached proposal shows a total amount of $81,186.80 for the proposed playground. Awarded vendor, REP Services, will deduct another 2% on the equipment at the time of payment bringing the total due to $79,615.20. 251 of 464 A: LTERNATIVES Not to approve the purchase of playground equipment. 252 of 464 253 of 464 254 of 464 255 of 464 256 of 464 257 of 464 258 of 464 259 of 464 260 of 464 261 of 464 262 of 464 263 of 464 264 of 464 265 of 464 266 of 464 267 of 464 268 of 464 269 of 464 270 of 464 271 of 464 272 of 464 273 of 464 274 of 464 275 of 464 276 of 464 277 of 464 278 of 464 279 of 464 280 of 464 281 of 464 282 of 464 283 of 464 284 of 464 285 of 464 286 of 464 287 of 464 288 of 464 289 of 464 290 of 464 291 of 464 292 of 464 293 of 464 294 of 464 295 of 464 296 of 464 297 of 464 298 of 464 299 of 464 300 of 464 301 of 464 302 of 464 303 of 464 304 of 464 305 of 464 306 of 464 307 of 464 308 of 464 7. A BIDS AND PURCHASES OVER $100,000 July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 Medical EQUESTED CTION BY ITY OMMISSION and Medication Supplies", Bid No. 051-2210-14/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Nashville Medical & EMS Products, Inc. as the lowest, most responsive, responsible bidders for a projected annual expenditure of $125,000.00. Items will be ordered on an "As Needed" basis. BIDTERM:JULY3,2014TOJULY2,2015 ER: XPLANATION OF EQUEST The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical and medication supplies for the Fire Departments’ EMS and Ocean Rescue Divisions. These are Warehouse stocked supplies that are ordered “As Needed”. On June 16, 2014, Procurement opened seven proposals. The bid included 336 items that were divided into eight groups. As noted in the Bid Specifications, Bid Award, “The City intends to award this bid in its entirety to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor.” If a product is not available from the Primary Vendor, the Cities will then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor. The Warehouse Manager reviewed the pricing proposals and recommends the bidders be awarded as follow: PRIMARYVENDOR: BOUNDTREEMEDICAL,LLC SECONDARYVENDOR: HENRYSCHEININC. THIRDVENDOR: NASHVILLEMEDICAL&EMSPRODUCTS,INC. 309 of 464 This bid may be renewed a the same terms, conditions, and pricing for two one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By utilizing the pricing established in this joint bid with the City of Delray Beach, the City of Boynton Beach Fire Department EMS and Ocean Rescue will be provided with medical supplies and medications from the recommended vendors at the lowest competitive prices. FI: ISCAL MPACT Funds are budgeted for these items under Fire Department account number 001-2210-522-52-66. FY 2013/2014 Expenditures to date - $ 79,313. FY 2012/2013 Expenditures - $109,763. FY 2011/2012 Expenditures - $ 93,966. A: LTERNATIVES These supplies are required for a functioning Emergency Medical Services division of the Fire Department. At this time, joining forces with the City of Delray Beach for cooperative purchasing to secure the lowest possible pricing appears to be the most viable option. 310 of 464 311 of 464 312 of 464 313 of 464 314 of 464 315 of 464 316 of 464 317 of 464 318 of 464 319 of 464 320 of 464 321 of 464 322 of 464 323 of 464 324 of 464 325 of 464 326 of 464 327 of 464 328 of 464 329 of 464 330 of 464 331 of 464 332 of 464 333 of 464 334 of 464 335 of 464 336 of 464 337 of 464 338 of 464 339 of 464 340 of 464 341 of 464 342 of 464 343 of 464 7. B BIDS AND PURCHASES OVER $100,000 July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 piggy-back of the State of Florida EQUESTED CTION BY ITY OMMISSION Contract No. 405-000-10-1 for the purchase of gasoline and diesel fuel products for use in City vehicles and equipment for various departments through June 30, 2016. Estimated annual expenditures are $1,500,000. CP:J1,2014J30,2016 ONTRACT ERIOD ULY THRU UNE ER: In July 2009, City Commission approved a piggy-back of the XPLANATION OF EQUEST State of Florida Contract for Bulk Fuel, Gasoline and Diesel for the City of Boynton Beach; this contract expired June 30, 2014. The State has issued an Amendment extending the contract through June 30, 2016. The Fleet Maintenance Division is requesting authorization to procure bulk fuel, both diesel and gasoline through June 30, 2016 - the length of Florida State contract no. 405-000-10-1, as needed, for various City Departments. Awarded contractors for the Southern Counties with the lowest per gallon price are: 1. Macmillan Oil Company of Florida, Inc. 2. Mansfield Oil Company H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Piggy-backing the State of Florida Contract for Bulk Fuel, will allow the Fleet Maintenance Division to secure bulk fuel at the lowest possible price as a result of the 344 of 464 State’s purchasing power, and will ensure gasoline and diesel are kept at optimum levels at all times. Fleet Maintenance orders and monitors fuel inventory for the City of Boynton Beach. FI: Fleet Maintenance estimates an annual expenditure of $1,500,000 per ISCAL MPACT fiscal year. Historical Data for the City of Boynton Beach fuel purchases is:  $1,441,281 – F/Y 2011/12  $1,434,000 – F/Y 2012/13  $1,105,000 – to date for F/Y 2013/2014 A: Implement emergency purchase orders for the procurement of bulk fuel LTERNATIVES or use private fuel facilities which would result in higher operating costs for the Fleet Maintenance Division. 345 of 464 346 of 464 347 of 464 348 of 464 349 of 464 350 of 464 351 of 464 352 of 464 353 of 464 354 of 464 355 of 464 356 of 464 357 of 464 358 of 464 359 of 464 360 of 464 361 of 464 362 of 464 363 of 464 364 of 464 365 of 464 366 of 464 367 of 464 368 of 464 369 of 464 370 of 464 371 of 464 372 of 464 373 of 464 374 of 464 375 of 464 376 of 464 377 of 464 378 of 464 379 of 464 380 of 464 381 of 464 382 of 464 383 of 464 384 of 464 385 of 464 386 of 464 387 of 464 388 of 464 389 of 464 390 of 464 391 of 464 392 of 464 393 of 464 394 of 464 395 of 464 396 of 464 397 of 464 398 of 464 399 of 464 400 of 464 401 of 464 402 of 464 403 of 464 404 of 464 405 of 464 406 of 464 407 of 464 408 of 464 409 of 464 410 of 464 411 of 464 412 of 464 413 of 464 414 of 464 415 of 464 416 of 464 417 of 464 418 of 464 419 of 464 420 of 464 421 of 464 422 of 464 423 of 464 424 of 464 425 of 464 426 of 464 427 of 464 428 of 464 429 of 464 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 07/16/2014 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 the amount of EQUESTED CTION BY ITY OMMISSION $45,000 in the case of Belinda Lester vs. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Michael Burke Plaintiff Counsel: Sherri L. Renner, Esq. Incident: On January 13, 2009, plaintiff was traveling eastbound on Boynton Beach Blvd. when an officer activated his lights to initiate a police stop. Officer attempted to stop plaintiff because she was traveling at approximately 50 miles per hour in a 35 mile per hour zone, and there was an obstruction on the license plate preventing him from running the tag. Plaintiff continued driving through her neighborhood until she arrived home. Plaintiff alleges she was afraid to stop due to the officer’s vehicle being an unmarked vehicle. Plaintiff alleges false arrest, excessive force, and Civil Rights violation. Her court case was “nolle prossed” on April 9, 2009. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of the nature are part of the ongoing responsibilities of Risk Management. This settlement does not admit any liability and/or fault and enters into this settlement only because of the expense of continuing litigation. FI: Settlement will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20, Self-Insured Losses for first and third party claims. A: Failure to approve settlement will result in additional discovery and LTERNATIVES litigation, and trial costs. Potential jury verdict range is $75,000 to $125,000. Future 430 of 464 litigation costs are estimated at approximately $20,000. Total costs are estimated to be between $125,000 and $175,000. The Self-Insurance Retention of $200,000 is due to the plaintiff filing allegations of the U.S. Constitutional violation of 1983 Violation of Civil Rights. 431 of 464 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre, City Manager THRU: Julie Oldbury, Director of Human Resources and Risk Management FROM: Pam Webb, Risk Administrator DATE: June 16, 2014 SUBJECT: Belinda Lester v. City of Boynton Beach Date of Loss: January 13, 2009 X Settlement __ Judgment Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 200,000 Expenses: $ 50,000 Demand : Original: $ 200,000 Final: $ 92,500 Offer : Original: $ 5,000 Final: $ 45,000 SETTLEMENT$ 45,000 : 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- $ 27,986.14 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 20,000 : $ 75,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Incident: On January 13, 2009, plaintiff was traveling eastbound on Boynton Beach Blvd. when an officer activated his lights to initiate a police stop. Officer attempted to stop plaintiff because she was traveling at approximately 50 miles per hour in a 35 mile per hour zone, and there was an obstruction on the license plate preventing him from running the tag. Plaintiff continued driving through her neighborhood until she arrived home. Plaintiff alleges she was afraid to stop due to the officer’s vehicle being an unmarked vehicle. Plaintiff alleges false arrest, excessive force, and Civil Rights violation. Her court case was “nolle prossed” on April 9, 2009. 432 of 464 9. A PUBLIC HEARING July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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 for Major Site Plan Modification to EQUESTED CTION BY ITY OMMISSION construct a one-story, 6,430 square foot restaurant building, including conversion of former Ball Park Café space (9,000 square feet) to ancillary hotel space, and related site improvements. Applicant: Bradley Miller, Miller Land Planning, Inc. ER: Bradley Miller, of Miller Land Planning, Inc., representing XPLANATION OF EQUEST Oprock Boynton Fee, LLC, is proposing to construct a one-story, 6,430 square foot Buffalo Wild Wings restaurant building in the parking lot between the Marriott Courtyard Hotel and Congress Avenue. As a part of the project, a section of the parking lot will be reconfigured to accommodate the new building, and the vacant, former Pete Rose Ball Park Café space adjoining the hotel is planned to be converted to ancillary hotel space to subsequently provide further hotel amenities or commercial space. th The Planning & Development Board heard this request at their June 24 meeting and recommends approval. H? N/A. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Increase in property taxes and fees associated with building permits ISCAL MPACT and business tax. A: None recommended. LTERNATIVES 433 of 464 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-014 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: June 16, 2014 PROJECT NAME/NO: Buffalo Wild Wings / MSPM 14-001 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Oprock Boynton Fee, LLC Applicant: Bradley Miller, Miller Land Planning, Inc. Location: Marriott Courtyard at Catalina Centre – 1601 North Congress (see Exhibit “A” – Location Map) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Community Commercial (C3) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request major site plan modification approval to construct a one- story, 6,430 square foot restaurant building, including conversion of former Ball Park Café space (9,000 square feet) to ancillary hotel space, and related site improvements. Acreage: 9.64 acres total / 0.91 acres affected with new restaurant Adjacent Uses: Developed commercial properties, including Marriott North: Courtyard Hotel, Blue Cross-Blue Shield offices and Catalina Shopping Centre, each with a Local Retail Commercial (LRC) future land use classification, and zoned Community Commercial (C3); 434 of 464 South: Additional hotel parking, with a Local Retail Commercial (LRC) future land use classification, and zoned Community Commercial (C3), and farther south right-of-way for the L.W.D.D. C-16 Canal; East: Right-of-way for Congress Avenue, and farther east developed mixed use property (Renaissance Commons), with a Development of Regional Impact (DRI) future land use classification, and zoned Suburban Mixed Use (SMU); and West: Marriott Courtyard Hotel, and farther west is a developed residential property Savannah Lakes with a High Density Residential (HDR) future land use classification, and zoned Planned Unit Development (PUD). Site Details: The project site is part of the Marriott Courtyard Hotel parking lot of the Catalina Centre shopping center, located on the west side of Congress Avenue, immediately north of the Lake Worth Drainage District C-16 Canal and Savannah Lakes Drive. The lease parcel is slightly less than one acre of the total 9.64 acre Marriott property, which shares a cross access and cross parking agreement with the Catalina Centre. BACKGROUND Proposal: Bradley Miller, of Miller Land Planning, Inc., representing Oprock Boynton Fee, LLC, is proposing to construct a one-story, 6,430 square foot Buffalo Wild Wings restaurant building in the parking lot between the Marriott Courtyard Hotel and Congress Avenue. As a part of the project, a section of the parking lot will be reconfigured to accommodate the new building and the vacant, former Pete Rose Ball Park Café space adjoining the hotel is planned to be converted to ancillary hotel space to provide further hotel amenities or commercial space at some time in the future. ANALYSIS Concurrency: Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that 42 AM peak hour trips and 41 PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build-out date of 2016. School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to 5 million Gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels 435 of 464 would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet SP-1) shows that three (3) primary points of ingress/egress are proposed for the new building. The first, is an existing right-in/right-out driveway opening from Savannah Lakes Drive, immediately south of the proposed building, which is currently utilized to access the hotel property from Congress Avenue. The second and third points of ingress/egress are existing inter-parcel access points to the north of the proposed building through Catalina Centre, connecting with Catalina Drive and a fully signalized intersection with Congress Avenue. Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the parking lot. Parking is proposed on all sides of the building and sidewalks have been provided to connect with the building entrance. Pedestrian connectivity would be provided on site via a walkway that would extend from the sidewalk along South Congress Avenue, as well as from the hotel sidewalk. A covered bike rack is proposed along the north side of the restaurant building. Parking: The site plan (Sheet SP-1) proposes a 6,430 square foot restaurant building, which requires parking spaces be provided at a rate of 1 space per 100 square feet of building or 1 space per 2.5 indoor seats, whichever is greater. In this instance, the 228 indoor seats would require the greater number of parking spaces (92 spaces). The construction of the new restaurant in the hotel parking lot would eliminate 60 existing parking spaces. The hotel site currently has 427 parking spaces on site, as well as a shared parking agreement as part of Catalina Centre. With the loss of 60 parking spaces, the hotel site would have a total of 367 available parking spaces on site. Based upon the required parking for the hotel (221 spaces), and proposed Buffalo Wild Wings restaurant (92 spaces), there is an excess of 54 parking spaces to accommodate the former Pete Rose Ball Park Café space. As previously noted, the hotel operator is considering utilizing the space for ancillary hotel purposes to provide further hotel amenities or commercial use at some time in the future. If the amenities are wholly for hotel guests, no additional parking is required. If the amenities are open to the general public, retail or office in nature, then parking would be required for the future use. Based upon the 9,000 square foot size of the former café space, if it was totally utilized for retail purposes, the parking would be calculated at 1 space per 200 square feet of building, requiring 54 parking spaces, the exact number of excess spaces on site. Should the space be utilized again as a restaurant, open to the general public, a minimum of 90 parking spaces would be required based on the square footage, which could increase based upon the ultimate number of seats. As previously noted, the property has a shared parking agreement with Catalina Centre. An updated Shared Parking Analysis was conducted in conjunction with the proposed new restaurant to ensure adequate parking was provided for all uses on each site. The analysis concluded there are a total of 1,102 parking spaces between the two sites. The City code requires a parking buffer to account for any 436 of 464 unforeseen parking demand peculiar to the site or operational characteristics that might not be captured in a standard analysis. The buffer reduces the available parking for calculating demand and supply for all users to 1,002 parking spaces. The parking study concludes that the peak demand for all users is 949 spaces, resulting in a surplus of 53 spaces. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheet LP-1) depicts the existing landscape buffer adjacent to Congress Avenue associated with the hotel property, which includes Green Buttonwood trees and Sabal palms. Since the Sabal palms do not meet the FPL “right tree-right place’ guidelines, staff is recommending relocation of these palms to elsewhere on the site, and replacement with landscape material comparable with the remainder of the Catalina Centre perimeter landscape buffer (see Exhibit “C” – Conditions of Approval). The balance of the landscaping is proposed around the new building and the reconfigured parking area. The plan depicts the use of East Palatka Holly, Live Oak, Tabebuia and Cassia canopy trees and Alexander, Foxtail and Montgomery palm trees. Typical shrubs would include Cocoplum, Ligustrum, Indian Hawthorn, Podocarpus, Croton and Dwarf Jasmine. The pervious area for the restaurant outparcel would total 18%, and consists of foundation landscaping and landscape islands. The landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties. The plant list (Sheet LP-1) indicates that 53% of the trees would be native and/or drought tolerantspecies. Also, the landscape plan indicates that a total of 94% of shrub and groundcover material would be categorized as drought tolerant. The code also limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The landscape plan does not propose the use of any sod within the area affected by the construction of the restaurant building, as per staff direction, the applicant has substituted groundcover materials such as Dwarf Jasmine, Green Island Ficus and African Iris in areas where sod would normally be used. Building and Site: The proposed building is designed as a one (1)-story structure with parapet walls at two (2) varying heights to provide architectural character to the structure, as well as a hip roof tower feature above the building entrance. The tower feature, with the clay tile roof, was designed to be complimentary to the hotel and other buildings within the shopping center, as well as provide a secured and screened area for the air conditioning units. The proposed building placement complies with the minimum setbacks of the C3 zoning district, which are 20 feet for the front and side corner, and zero (0) feet for the interior side setback. The rear setback would not apply, as the building is an outparcel of the hotel. The proposed building would be setback in excess of 430 feet from the north property 437 of 464 line (interior side), 60 feet from the east property line (front) and 72 feet from the south property line (side corner). The floor plan (Sheet A-1.0) indicates the proposed restaurant would have 225 seats inside and another 60 seats on the covered patio along the south side of the building. The interior seating consists of both high top and low top tables, booths and seating at the small bar area. Patio dining would consist of mostly low top tables and a couple high tops. Building Height: The building elevations (Sheets A-2.0 & A-2.1) indicate the highest point of the structure would be the hip roof at the building entry, at a height of 36 feet, with the typical parapet wall at 20 feet, well below the maximum of 45 feet allowed in the C3 zoning district and comparable with other buildings in the vicinity. Design: The proposed building utilizes many similar design features as other buildings in the immediate vicinity, including clay tile roof areas, tower features, and neutral colors. According to the “Legend” shown on Sheets A-2.0 & A-2.1, the main body paint colors of the building would be a light peachy cream color and a medium peachy tan, “Orange Froth” – BM 151 and “Grand Canyon” – BM 118 respectively. These colors were chosen to compliment the colors of the Catalina Shopping Centre, “Creamery’ – SW 6358 and “Chivalry Copper” – SW 6353, which are nearly identical in color. The corporate identity for the restaurant is focused around the building entry with their standard yellow and black combination. The two- story entry wall is proposed to be painted a bold yellow “Citrus” – SW 6906. The steel channel beams and awnings would be black. The trim/accent color would be an off-white “Light Buff” – SW 0050. The awnings were added by the applicant to further the compatibility of the building design with surrounding buildings. Public Art: The applicant has indicated they have not selected the proposed artwork or artist at this time. Ultimate review and approval of the artist and artwork would be under the purview of the Arts Commission. Site Lighting: The photometric plan (Sheet E-1) proposes a total of five (5) new freestanding lights in the parking lot. The freestanding lights would be concrete pole lights, designed and installed to match the existing poles and fixtures already existing in the parking lot. A condition of approval has been added to ensure the light fixture has a flush lens to reduce the amount of glare visible from off the property(see Exhibit “C” – Conditions of Approval). Signage: Wall signage would consist of internally illuminated white reverse channel lettering. The sign over the entry will have the white reverse channel letters installed on a black aluminum background along with the black, yellow and white circular corporate logo. The existing freestanding sign, previously used for the Pete Rose Ball Park Café, will be refaced with the new Buffalo Wild Wings moniker. RECOMMENDATION 438 of 464 The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Buffalo Wild Wings\MSPM 14-001\Staff Report.doc 439 of 464 440 of 464 441 of 464 442 of 464 443 of 464 444 of 464 445 of 464 446 of 464 447 of 464 448 of 464 449 of 464 450 of 464 451 of 464 452 of 464 453 of 464 454 of 464 455 of 464 EXHIBIT “C” Conditions of Approval Project Name: Buffalo Wild Wings File number: MSPM 14-001 nd Reference: 2review plans identified as a Major Site Plan Modification with a May 13, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Live Oaks trees on sheet LP-1 appear to be conflicting with the water meter and RPZ on the conceptual PDW & Sewer sheet. In general, palm trees will be the only tree species allowed within utility X easements. Canopy trees may be planted outside of the easement so that roots and branches will not affect those utilities within the easement in the near future. 2. Please submit a letter from a tree moving company verifying that the remainder of the Live Oak trees cannot successfully be relocated elsewhere on the site due to their poor health or size. X (Environmental Protection, Chapter 4, Article 1, Sec. 3C.1-6 pp. 4, 5) 3. The existing palms and shade trees on the site located under the overhead FP&L wires are not the “right-tree-right-place” species. FP&L requires these trees to be relocated (Sabal palms) and removed / replaced with the proper species. This should be X included as part of the Major Site Plan Modification since similar work will be performed on the interior of the site where the structure is proposed to be built. FIRE Comments: None POLICE Comments: None, all items addressed by applicant. BUILDING DIVISION Comments: 456 of 464 DEPARTMENTS INCLUDE REJECT 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART X (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 5. 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 X ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind Loads). 6. Identify within the Site Data the finished floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the Site Data that address the following issues: A. The design professional-of-record for the project shall add the following text to the Site Data: “The proposed finish floor elevation___.__ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the X SFWMD’s surface water management construction development regulations. B. From the FIRM map, identify in the Site Data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. C. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled Site Plan, Floor Plan and Civil Plan. 7. At time of permit review, submit signed and sealed working X drawings of the proposed construction. 8. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where X other sources are readily available. A water-use permit from SFWMD is required for an irrigation 9. system that utilizes water from a well or body of water as its X source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. At time of permit review, submit separate surveys of each lot, 10. X parcel, or tract. 11. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit X application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 457 of 464 DEPARTMENTS INCLUDE REJECT 12. 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. X 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) 13. Sheet A-1.0 – The benches at the entry and queuing areas shall comply with the 2010 Florida Accessibility Code, Section 903. X PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 14. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk. 15. Please indicate the color of the light pole and light fixture, and place a note on the plans that the light fixture will be designed without a X drop lens. 16. On Sheet LP-1, please continue the foundation landscape design along the east side of the garden wall of the patio seating area, on X either side of the gate opening. 17. Please complete the Art in Public Places form and revise the site plan, landscape plan and all other appropriate plans to depict location of required public art. It is recommended you coordinate this X effort with Debby Coles-Dobay, Public Arts Administrator (561-742- 6026) prior to the DART meeting. 18. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY 458 of 464 DEPARTMENTS INCLUDE REJECT Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Buffalo Wild Wings\ MSPM 14-001\COA (after P&D).doc 459 of 464 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buffalo Wild Wings (MSPM 14-001) APPLICANT: Bradley Miller, Miller Land Planning APPLICANT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2014 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a one- story, 6,430 square foot restaurant building, conversion of former Ball Park Café space to ancillary hotel space and related site improvements, located at 1601 North Congress Avenue, and zoned C3 (Community Commercial). LOCATION OF PROPERTY: 1601 North Congress Avenue, on the west side, immediately north of the C-16 Canal. 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: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 460 of 464 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Buffalo Wild Wings\MSPM 14-001\DO.doc 461 of 464 13. A LEGAL July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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: Pursuant to Section 286.011(8), Florida Statutes, a EQUESTED CTION BY ITY OMMISSION private attorney-client session of the City Commission is requested for August 19, 2014 to discuss pending litigation in the following case: YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant Case No. 502013CA012688XXXXMB (slip & fall) ER: In attendance during discussion of the LAURENT Case will be XPLANATION OF EQUEST Mayor Jerry Taylor, Vice Mayor Joe Casello, Commissioners David Merker, Mack McCray and Michael Fitzpatrick, City Attorney James Cherof, Special Litigation Counsel Benjamin Bedard, and City Manager Lori LaVerriere. Thirty minutes is requested. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Fee for the Court Reporter ISCAL MPACT A: N/A LTERNATIVES 462 of 464 14. A FUTURE AGENDA ITEMS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 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: Resolution adopting the 2014 CDBG One-Year EQUESTED CTION BY ITY OMMISSION Action Plan - August 5, 2014 ER: City Commission will review the CDBG One-Year Action XPLANATION OF EQUEST Plan for FY 14/15, developed with the activities recommended and approved by Commission on June 3, 2014, at the August 5, 2014 Commission meeting. Approval of a Resolution adopting the plan will be required for transmittal to The U.S. Department of Housing and Urban Development (HUD) in order to meet the August 15, 2014 submittal deadline. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 463 of 464 14. B FUTURE AGENDA ITEMS July 15, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss impact of pending legislation legalizing EQUESTED CTION BY ITY OMMISSION restricted use of medical marijuana. TBD ER: Vice Mayor Casello requested a future agenda item for XPLANATION OF EQUEST discussion of the impact of this legislation on city zoning, business licenses, etc. This item will be scheduled for an August commission agenda. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 464 of 464