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Agenda 01-03-17
The City of Boynton Beach City Commission Agenda Tuesday, January 3, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 522 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). Page 2 of 522 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor McCray ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce Farm Share Free Food Distribution in partnership with State Representative Lori Berman and City of Boynton Beach Commissioner Joe Casello on Saturday, January 28, 2017 from 9am - 12pm at St John Missionary Baptist Church. B. Proclaim Monday, January 16th, 2017 as Martin Luther King Jr. Day C. Announcement by Gregory Murphy, Chair of MILK Committee, of the Martin Luther King Jr. events to be held in January 2017. D. Presentation to the Commission from GBDC Entrepreneurship Institute introducing the new Youth Division called Just Think Yes by Annette Gray, President of GBDC Entrepreneurship Institute. 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 Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 2 Regs and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Education and Youth Advisory Bd: 1 Stu N/V Library Bd: 2 Regs and 2 Alts Senior Advisory Bd: 3 Regs and 2 Alts B. Commissioner Romelus has requested to attend "My Brother's Keeper Race to Equity Summit" at Page 3 of 522 the Palm Beach County Convention Center, February 8-9, 2017. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-001 - Authorize the City Manager to sign a contract with McTeague Construction Company of Stuart, FL for the Ezell Hester Community Center Improvements as the awarded vendor of Bid #006-2710-17/JMA in the amount of $48,300 with a 10% contingency of $4,830 for a total amount of $53,130. B. Approve a one-year extension to the Three Year Contract for TPA Services for Workers Compensation claims with Commercial Risk Management, Inc. and Adjuster Services for Property and Casualty claims with Gallagher Bassett Services. C. PROPOSED RESOLUTION NO. R17-002 - Approve contracts to the Community Development Block Grant (CDBG) Sub Recipients as adopted in the One Year Action Plan as approved by City Commission on by July 19th, 2016; Resolution R16-087. D. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $392,663.41. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. E. Approve release of surety (Letter of Credit #11768) in the amount of $221,702.25 for the update of a traffic study and future improvements to High Ridge Road in association with the Lake Worth Christian School project. F. Accept the FY2015/2016 Annual Grants Report G. PROPOSED RESOLUTION NO. R17-003 - Authorize the City Manager to sign an agreement with Public Consulting Group for assistance with the Florida EMS Certified Public Expenditure Program. H. Approve the minutes from the Regular City Commission meeting held on December 19, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Task Order No. U -1A-09 with Globaltech, Inc. for engineering services to conduct an assessment for replacing the nanofiltration membranes at the West Water Treatment Plant for an amount not to exceed $120,787.55. This is in accordance with the approval of RFFQ 017-2821- 14/DJL, General Consulting Services, Scope C, as approved by the City Commission on July 1, 2014. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-001 - FIRST READING - Approve Riverwalk Future Land Use Map amendment (LUAR 16-003) from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. B. PROPOSED ORDINANCE NO. 17-002 - FIRST READING - Approve Riverwalk Rezoning (LUAR 16-003) from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments, 51,220 square feet of commercial space, public waterfront promenade, Page 4 of 522 and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. C. Approve request for Riverwalk Plaza (CDPA 16-002) Community Design Plan Appeal of Chapter 2, Article III, Section 4.13.3, "Build -to -line", requiring buildings along Woolbright Road to be constructed within a build -to -line of 0 to 15 feet to allow a setback of 139 feet. Applicant: Shaul Rikman, Isram Riverwalk, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING APPLICATION ITEMS. D. Approve request for Riverwalk Plaza (HTEX 16-002) Height Exception to allow the stair towers and decorative architectural features of the Riverwalk Plaza mixed use project to be constructed at 105 feet, 5 feet above the maximum allowable height of 100 feet in the MU -4 (Mixed Use -4) zoning district. Applicant: Shaul Rikman, Isram Riverwalk, LLC THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION IS TO BE TAKEN ON THE CORRESPONDING APPLICATION FOR LAND USE AMENDMENT AND REZONING. E. Approve request for Riverwalk Plaza Major Site Plan Modification (MSPM 16-002) for 326 multifamily units (rental apartments), 51,220 square feet of commercial space, public waterfront promenade and related site improvements on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. Applicant: Shaul Rikman, Isram Riverwalk, LLC THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REQUESTS FOR LAND USEAMENDMENTAND REZONING. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R17-004 - Authorize the City Manager to sign an agreement with Community Caring Center of Greater Boynton Beach, Inc. for leasing of space at the Library to operating a Cafe. 12. NEW BUSINESS - None 13. LEGAL A. Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - PROPOSED ORDINANCE NO.16-023 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. B. Infill Planned Unit Development (IPUD) (CDRV 16-006) - PROPOSED ORDINANCE 16-024 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. C. PROPOSED ORDINANCE NO. 16-025 - SECOND READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. D. PROPOSED ORDINANCE NO. 17-003 - FIRST READING - Approve Ordinance prohibiting "Conversion Therapy". 14. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. Page 5 of 522 B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. C. Monthly Departmental Presentations: Library - January 2017 Communications/Marketing - February 2017 D. The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. E. Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. F. Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement- January 17, 2017. G. Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. H. Review and consider entering into a Solar Lease and Easement Agreement with FP&L to provide a Solar Tree at Oceanfront Park - January 17, 2017. Consider adopting a Chronic Nuisance Ordinance - February 2017. J. Pursuant to Section 286.011(8), Florida Statutes, the City has scheduled a private attorney-client session to discuss pending litigation - February 7, 2017, 6:00pm. K. Possible changes to cemetery policies - January 17, 2017. 15. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 522 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor McCray ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: 1.A. OPENING ITEMS 1/3/2017 Page 7 of 522 Department City Clerk NAMEM ISTOOTATNOW Page 8 of 522 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 1/3/2017 Reviewer Action Date Pyle, Judith Approved 10/19/2016 ® 3:06 HM Page 9 of 522 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Announce Farm Share Free Food Distribution in partnership with State Representative Lori Berman and City of Boynton Beach Commissioner Joe Casello on Saturday, January 28, 2017 from 9am - 12pm at St John Missionary Baptist Church. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer Finance Howard, Tim Finance Howard, Tim City Manager Howard, Tim Description Farm Share Flyer Action Date Approved 12/21/2016 - 8:35 AM Approved 12/21/2016 - 8:35 AM Approved 12/21/2016 - 8:35 AM Page 10 of 522 WHEN: i i i OVI DINGi is _. _. _... _... .. .. _ --- D . _ D AVAILABLE ON ,A FIRST COME, FIRST SERVE BASIS. 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Proclaim Monday, January 16th, 2017 as Martin Luther King Jr. Day EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Proclamation REVIEWERS: Department Reviewer Action Finance Howard, Tim Approved Finance Howard, Tim Approved City Manager Howard, Tim Approved Date 12/21/2016 ® 11:31 AM 12/21/2016 ® 11:31 AM 12/21/2016 ® 11:31 AM Page 12 of 522 PROCLAMATION WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 16, 2017 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of January, Two Thousand and Seventeen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Page 13 of 522 3.C. REQUESTED ACTION BY COMMISSION: Announcement by Gregory Murphy, Chair of MILK Committee, of the Martin Luther King Jr. events to be held in January 2017. EXPLANATION OF REQUEST: This year's Martin Luther Celebration King Jr. begins Saturday, January 7th and ends Friday, January 20th. This year's theme is a quote by Martin Luther King Jr. "Life's most persistent and urgent question is, "What are You Doing for Others?" In partnership, the City and CRAare supporting and marketing the following FREE events in the month of January: SATURDAY, JANUARY 7.2017 3rd Annual MILK Parade 2:00 p.m. - 4:00 p.m. Location: Along Seacrest Boulevard between Ocean Avenue and ending at MLK Boulevard Celebration of Unity 3:00 p.m. - 7:00 p.m. Location: Sara Sims Park, 209 Northwest 9th Court SUNDAY, JANUARY 15.2017 Celebration Gala 6:30 p.m. - 9:00 p.m. Location: Benvenuto Restaurant, 1730 North Federal Highway MONDAY, JANUARY 16, 2017 MILK Day of Service 7:30 a.m. Location: Meet at Ezell Hester Community Center 1901 North Seacrest Boulevard FRIDAY, JANUARY 20.2017 Music on the Rocks Concert 6:00 p.m. - 10:00 p.m. Location: Ocean Avenue Amphitheatre, 129 East Ocean Avenue For more information, call 561.742.6010. Information flyers are available in the back of the room. Page 14 of 522 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City and CRA are work closely with the MILK Committee on all events and marketing initiatives. FISCAL IMPACT. Budgeted The MILK Celebration is budgeted within the City and CRAs FY16/17 annual budgets. The City has budgeted MILK support in the City Hall Budget (Special Events); line item 001-1211-512 48-24. ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Manager Howard, Tim Finance Howard, Tim City Manager Howard, Tim Description 2017 MLK Flyer Action Date Approved 12/21/2016 - 11:30 AM Approved 12/21/2016 - 11:30 AM Approved 12/21/2016 - 11:30 AM Page 15 of 522 AM m no ror orne 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Presentation to the Commission from GBDC Entrepreneurship Institute introducing the new Youth Division called Just Think Yes by Annette Gray, President of GBDC Entrepreneurship Institute. EXPLANATION OF REQUEST. The New Youth Division called Just Think Yes will be run by young entrepreneurs. Each SBU of the Division will have a specific product and or service that they will manage. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. None ALTERNATIVES: Do not have the presentation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/28/2016 ® 9:33 AM Finance Howard, Tim Approved 12/28/2016 ® 9:33 AM City Manager Howard, Tim Approved 12/28/2016 ® 9:34 AM Page 17 of 522 5.A. ADMINISTRATIVE 1/3/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Education and Youth Advisory Bd: 1 Stu N/V Library Bd: 2 Regs and 2 Alts Senior Advisory Bd: 3 Regs and 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 18 of 522 D Other D Addendul REVIEWERS: Department City Clerk Reviewer Action Approved Date 10/19/2016 ® 3:06 PM Page 19 of 522 APPOINTMENTS AND APPLICANTS FOR JANUARY 3, 2017 Arts Commission III Romelus Reg 3 yr term to 12/17 Tabled (3) Mayor Grant Reg 3 yr term tol2/19 Tabled (3) IV Casello Alt 1 yr term to 12/17 Tabled (3) 1 Katz Alt 1 yr term to 12/17 Tabled (3) Applicants Alt 1 yr term to 12/17 None Building Board of Adjustments and Appeals IV Casello Reg 3 yr term to 12/19 Tabled (3) Mayor Grant Reg 3 yr term to 12/19 Tabled (3) 1 Katz Alt 1 yr term to 12/17 Tabled (3) II McCray Alt 1 yr term to 12/17 Tabled (3) Applicants None Education and Youth Advisory Board III Romelus Stu NN Applicants Kathleen Wilkinson Library Board 1 yr term to 12/17 Tabled (3) III Romelus Reg 3 yr term to 12/19 Tabled (3) IV Casello Reg 3 yr term to 12/19 Tabled (3) Mayor Grant Alt 1 yr term to 12/17 Tabled (3) 1 Katz Alt 1 yr term to 12/17 Tabled (3) Applicants None Senior Advisory Board II McCray Reg 2 yr term to 12/18 Tabled (3) III Romelus Reg 2 yr term to 12/18 Tabled (3) IV Casello Reg 2 yr term to 12/18 Tabled (3) Mayor Grant Alt 1 yr term to 12/17 1 Katz Alt 1 yr term to 12/17 Applicants None Page 20 of 522 Stanzione, Tammy From: 1signer <noreply@123contactform.com> Sent: Thursday, December 15, 2016 5:40 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/115/2016 Name Kathleen Wilkinson Gender Female Phone number Address Email Current occupation or, if retired, prior occupation Education 561-376-6208 2458 SW Cranbrook Dr Boynton Beach Florida 33436 United States 1 sip�nergbellsouth.net Student 10th grade, BBHS Are you a registered voter? No Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on a City board? Have you served on a City board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Personal Qualifications Yes Yes EYAB - 2 yrs No Education and Youth Advisory Board Student in the City, prior bd experience. Professional Memberships Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may i Page 21 of 522 be cause for removal from a board. The message has been sent from 166.137.98.25 (United States) at 2016-12-15 17:39:53 on Android 6.0.1 Entry ID: 197 Referrer: www.boVnton-beach.org/officials/advisory boards.php Page 22 of 522 ADMINISTRATIVE 1/3/2017 REQUESTED ACTION BY COMMISSION: Commissioner Romelus has requested to attend "My Brother's Keeper Race to Equity Summit" at the Palm Beach County Convention Center , February 8-9, 2017. EXPLANATION OF REQUEST: My Brother's Keeper (MBK) of Palm Beach County is holding a two day conference at the Palm Beach County Convention Center titled "Race to Equity Summit" on Wednesday, February 8 and Thursday, February 9, 2017. Available information is attached. Commissioner Romelus has requested to attend the event for both days. The Commission will need to approve Commissioner Romelus and any other Commission member to attend the event. This event is being held local at the Palm Beach Convention Center so the only expense will be registration of $75/per day or $150/for the 2 day event, per Commissioner. Staff will proceed with registration if approved. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission (Resolution attached). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted The only cost is the registration for the event at $75/per day or $150 for the two (2) day event: 1 attendee - $150 Costs would be paid from line item 001-1110-511-40-12. ALTERNATIVES: Do not authorize any payment of registration fee. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 23 of 522 Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Type D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Reviewer Finance Howard, Tim Finance Howard, Tim City Manager Howard, Tim Description MBK Flyer Registration MBK info City Commission Travel Policy Action Date Approved 12/27/2016 ® 2:26 PM Approved 12/27/2016 ® 2:27 PM Approved 12/27/2016 ® 2:27 PM Page 24 of 522 R AUIIF� }()tj i{}� 1lr `�t�1ri �{I)� ;�rN,. Y BROTHER'S KEEPER NETWORK OF PALM BEACH CO'UNT'S rlono-,,# # 1 0 �:=,#, ON � � y 4:1 juLmill • II $. NATA k i ` a c s tei�111i a , United Way of I Palm Beach Countl (http://www.unitedwaypbc.org/) Event Details FEB February 08 - 09,2017 Individual Ticket for Wednesday, February 8 • All sessions and materials for Wednesday, February 8 • Afternoon snack on Wednesday, February 8 • Evening Reception on Wednesday, February 8 For registration questions please email Cherish (mai Ito: Che ris h Ram kissoon@un itedwaypbc.org). Price QTY $75.00 0 Pagel of4 https:llwww.unitedwaypbe.orglindex.efin?fuseaction--eventregistration.register&step=l T:Nj13Rj?1 522 'vidual Ticket for Thur FJQIIU� V 1 a 1 101111411144 -L T1.1mi I * All sessions and materials for Thursday, February 9 a Continental breakfast, boxed lunch and snacks on Thursday, February 9 For registration questions please email Cherish (mailto:CherishRamkissoon@unitedwaypbc.org). Continue to Next Step i 4MY Referer=https://www.unitedwaypbc.org) a 0 https://www.unitedwaypbc.orglindex.cftn?fuseactiori---eventregistration.register&step=l 522 Register for an Event I United Way of Palm Beach County Page 3 of 4 QUICK LINKS DONATE (HTTP://WWW.UNITEDWAYPBC.ORG/DONATE) (http://www.unitedwaypbc.org/contact- us) (http://www.unitedwaypbc.org/drivingdirections) � Careers (/job -openings) (http://www.unitedwaypbc.org/get- help) 11 Get Involved (http://www.unitedwaypbc.org/volunteer) 1Give (http://www.unitedwaypbc.org/donate) The Off ices at CityPlace North 477 S Rosemary Ave, Suite 230 West Palm Beach, FL 33401 https:llwww.unitedwaypbc.org/index.cfin?fuseaction--eventregistration.register&step=l lfffi��81•1 522 i i. J Of- Palm- • 1l�, I. I l!l Mfr, +r :;� �' ;-.►'. �.i' �..lell rul MUM,• f • Enter Your Email SIGNUP Contributions benefit United Way of Palm Beach County, a not-for-profit tax-exempt organization. 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United Way of Palm Beach County receives 100% of each contribution. ® 2016 United Way of Palm Beach County, All Rights Reserved I Privacy Policy (htfp✓Avww.unitedwaypbc.org/privacy- policy) I Site Map (http.IAvww.unitedwaypbc.org/site-map) (http://www.unitedwaypbc.org/) FEB February 08 - 09,2017 08 + Add to Calendar (http://example.com/link-to-your-event) Cif Register For This Event(index.cfm? - — ......... - ASamI M,ING9 View larger map 6, - Kravis CenterO Lakeview Palm Beach Atlantic oboe University JQ, GRANDVIEW,' f i T S 9 Norton Mu*lo0e*M& Google 650 Okeechobee Boulevard West Pa I m Beach, F L 33401 0 Email Organizer (mailto:JGreenl@pbcgov.ore.subject=My Brother's Keeper Race to Equity Summit) The MBK Race to Equity Summit workshops will bring together people from government, community organizations, businesses, local residents and leaders from across the state to breakdown barriers and build opportunity for our youth and young men of color. Proceeds will support United Way of Palm Beach County's Mentor http://Www.unitedwaypbc.orglindex.cftn?fuseaction7--events.details&Content—ld=5O0004... Pj2)y7a9j%1 522 III! FIRM 111;1111�11jhmj��� ipipijq� 1%11�ipppg�lpp 11 �� 11 1111 =111i 4111! 1 1 Tu s Treff IM I IR 7-4 ITUM I =4 1 11 11 umm MI3K RACE TO EQUITY SUMMIT SPONSORS: WE "'TH 1 4 Ca�ec-rSou�ce sevimcwncil PA- DEACA COUNTY ,maes Em Contact James Green at 561-242-6702 or via email at ysd-mybrotherskeeper@pbcgov.org for more information. This conference will focus on systemic barriers that exist within our education and *A�rvy�2 mentoring support. Participants will engage in meaningful dialogues that promote racial equity in Palm Beach County and across the South Florida region. 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SO FAR M M1 e i - M a 0142T • 11 RiA f*cam m X4414 i (https://wwwlacebook.com/pages/United- Way- Of- Palm- Beach- V (https:// w.youtube.com/user/unitedwaypbcorg? aunt _ /unit aof ) Enter Your Email SIGNUP Contributions benefit United Way of Palm Beach County, a not-for-protit tax-exempt organization. -A t"URY Ur '(HE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION OF UNITED WAY OF PALM BEACH COUNTY, CH802, MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE 1.800.435.7352 WITHIN THE STATE OF FLORIDA, OR AT www.freshfromflorida.com/Divisions-OfficestConsumer-Services. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." United Way of Palm Beach County receives 100% of each contribution. ® 2018 United Way of Palm Beach County, All Rights Reserved. I Privacy Policy (httpYAovww.unitedwaypbc.or0/privacy- policy) I Site Map(http:Dirvww.unifedwaypbc.org/site-map) http://www.unitedwaypbc.org/index.cf n?fuseaction=events.details&Content Id=500004... P� 1 D�b 522 RIAF 11 is RA 11111111 _,,I a ...... TIV-74partm-11=6 I I I � I il1 h4://www.unitedwaypbo.orglindex.cfin?fuseaction--events.details&Content—Id=500O04... 1 E/Jg 1 o 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 35 of 522 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 36 of 522 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 37 of 522 City of Boynton Beach City Commission Gt�IVFE�t���E=�&° �'�tA1����F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 38 of 522 CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-001 -Authorize the City Manager to sign a contract with McTeague Construction Company of Stuart, FL for the Ezell Hester Community Center Improvements as the awarded vendor of Bid #006-2710-17/JMA in the amount of $48,300 with a 10% contingency of $4,830 for a total amount of $53,130. EXPLANATION OF REQUEST: The Lobby in the Ezell Hester Community Center has suffered damage from water intrusion from the lobby windows and the internal gutter. The Scope of Work for the project included replacement of the existing Lobby windows and doors with impact resistant windows and doors; repair to damaged walls and ceiling; and repair of the roof leak from the internal gutter at the Lobby per the Architectural Drawings and Specifications from Florida -Caribbean Architecture. On November 4, 2016, Procurement Services issued a bid for Improvements to the Ezell Hester Community Center Lobby with a Mandatory Pre -Bid Meeting and Site Inspection held on November 18, 2016 to review the project with interested contractors. On December 12, 2016, Procurement Services opened bids from six (6) contractors. After reviewing the six bid proposals, Staff has recommended the project be awarded to McTeague Construction Company as the lowest, most responsive, responsible bidder. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Hester Center services the Community with After School Programs, Basketball Leagues for children, Gymnastics Programs; and evening open recreation basketball for adults. A refurbished Lobby will enhance the Ezell Hester Center and present an inviting space for the very active Community Center. FISCAL IMPACT. Budgeted Funds for this expenditure are available from the Capital Improvement Fund 302-4209-572-62-01, Project No. RP 1642. ALTERNATIVES: Delay in repair to the Lobby may create a liability to the City and increase the cost of the construction. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 39 of 522 Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Type D Addendum D Contract D her D Tab Sheets D Bid REVIEWERS: Department Reviewer Finance Howard, Tim Finance Howard, Tim Legal Cherof, Jim City Manager Howard, Tim Description Resolution Contract for Construction Services Recommendation from Staff Tabulation Sheets Bid from McTeague Construction Action Date Approved 12/27/2016 ® 12:01 PM Approved 12/27/2016 ® 12:01 PM Approved 12/27/2016 ® 2:13 PM Approved 12/27/2016 ® 2:26 PM Page 40 of 522 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZE THE CITY MANAGER TO SIGN A 5 CONTRACT WITH McTEAGUE CONSTRUCTION CO., INC. FOR 6 EZELL HESTER COMMUNITY CENTER IMPROVEMENTS AS THE 7 AWARDED VENDOR OF BID #006-2710-17/JMA IN THE AMOUNT OF 8 $48,300.00 WITH A 10% CONTINGENCY OF $4,830.00 FOR A TOTAL 9 AMOUNT OF $53,130.00; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the Lobby in the Ezell Hester Community Center has suffered damage 13 from water intrusion from the lobby windows and the internal gutter and replacement and 14 repair is needed to Lobby windows, impact resistant windows and doors; damaged walls and 15 ceiling, and roof leaked per the Architectural Drawings and Specifications from Florida - 16 Caribbean Architecture; and 17 18 WHEREAS, on November 4, 2016, Procurement Services issued a bid for 19 Improvements to the Ezell Hester Community Center Lobby with a Mandatory Pre -Bid 20 Meeting and Site Inspection held on November 18, 2016 to review the project with 21 interested contractors. On December 12, 2016, Procurement Services opened bids from six 22 (6) contractors. After reviewing the six bid proposals, Staff has recommended the project be 23 awarded to McTeague Construction Co., Inc. as the lowest, most responsive, responsible 24 bidder; and 25 WHEREAS, the City Commission finds that the formalities of the City's 26 procurement process have been followed and that the lowest most responsible bidder has 27 been determined to McTEAGUE CONSTRUCTION CO., INC. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. City Manager is authorized to sign a contract with McTeague 34 Construction Co., Inc. for the Ezell Hester Community Center Improvements as the awarded Page 41 of 522 1 vendor of Bid #006-2710-17/JMA in the amount of $48,300.00 with a 10% contingency of 2 $4,830.00 for a total amount of $53,130.00. 3 A copy of the contract is attached hereto as Exhibit "A". 4 Section 3. The City Manager is authorized to execute the contract on behalf of 5 the City Commission 6 Section 4. This Resolution shall become effective immediately upon passage. 7 8 PASSED AND ADOPTED this day of , 2017. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 42 of 522 CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 2017, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and McTEAGUE CONSTRUCTION COMPANY a Florida Corporation LX ) Check One a Florida General Partnership( ) a Florida Limited Partnership () a Sole Proprietor () hereinafter called "CONTRACTOR". WITNESSETH that under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of $48,300.00 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated DECEMBER 7, 2016, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: EZELL HESTER COMMUNITY CENTER IMPROVEMENTS, 1901 NORTH SEACREST BLVD., BOYNTON BEACH, FL 33435 Bid Number: 006-2710-17/JMA the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: Forty-eight Thousand Three Hundred Dollars ($48,300.00). 1 Page 43 of 522 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Architect of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Architect of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Architect. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of 2 Page 44 of 522 the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Architect shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Architect is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Architect" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Architect, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 calendar days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Architect in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Architect may direct. Page 45 of 522 Contractor shall not employ an that City Architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $1,000.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 90 calendar days from the commencement date to be indicated in the written "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, 0 Page 46 of 522 and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him Page 47 of 522 that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Architect, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Architect to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 0 Page 48 of 522 8.4.3.3 Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Architect. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Architect and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work 7 Page 49 of 522 which is the subject of the Field change Directive or Change Order. 9.0 INSURANCE 9.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule included in the bid documents and naming the City of Boynton Beach as an "Additional Insured" with respect to General Liability. 9.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 9.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 10.0 GUARANTEE AND WARRANTIES 10.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 11.0 TERMINATION OF CONTRACT 11.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Architect shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination N. Page 50 of 522 set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 11.1.1 Complete the contract in accordance with its terms and conditions, or 11.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 12.0 CONTRACT CONTROLS 12.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 13.0 TIME OF ESSENCE 13.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 14.0 REMEDY FOR DELAY 14.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 9 Page 51 of 522 14.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 14.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 14.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Architect, project manager and consulting Architects. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. DATED this day of 12017 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, City Attorney Attest/Authenticated: Judy Pyle, City Clerk CONTRACTOR: 0 (Print Name and Title) STATE OF FLORIDA 10 Page 52 of 522 COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared , and acknowledged He/She executed the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the instrument is His/Her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 2017. My Commission Expires: NOTARY PUBLIC 11 Page 53 of 522 WARRANTY The undersigned, , hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the "City"), pursuant to that certain Bill of Sale or Plans dated which is result of a defect in the materials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completion by the undersigned of the project). Date: WARR-1 President Name of Company (CORPORATE SEAL) Page 54 of 522 STATE OF FLORIDA ) SS: COUNTY OF ) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Florida Corporation and general partner of . A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. My Commission Expires: WARR-2 Notary Public, State of Florida Page 55 of 522 WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of , 20_, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '20 Notary Public, State of Florida at Large My Commission expires: (SEAL) Affiant WT -1 Page 56 of 522 FINAL ESTIMATE RECONCILIATION AGREEMENT This Final Estimate Reconciliation Agreement covering the period from to , supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated for construction of and all appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. are correct and the amount of $ constitutes final payment, including retainage, and Change Order No. for all materials furnished and work performed by Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach, as outlined in Paragraph 11.1 of the original agreement. RECOMMENDED FOR APPROVAL: la By: ACCEPTED: in Date: Id11Cail Page 57 of 522 State of Florida ) ss: County of Palm Beach ) On this day of 120 personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: Id11111=61 Page 58 of 522 Alibrandi, Gall Sent® Tuesday, December 20, 2016 9:56 AM ® Allbrandi,li cc: Ramsey, Kevin Subjeeli: Ezell Hester Community Center Improvements (i / ) .." < . !, . rt . . rt .e- mclour, caclifties Division rt project rt rt to McTeague ConstructionCompany being the most lowest bidder, rt rtfillrt rtaClrt t rt'*! rt s ♦ rt rt # ! rt P.M, America's Gateway to the Gulfstream, Please be advised that Florida has abroad publk records low and all correspondence tome vary eftlail maybe subject to disclosure. Under Florida records terse, enwil addresses are public records. Thr ore, your &- mail conanunication and your e-malal address may be subject t public disclosure. 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E �\�� Cl) \\ IS) cc")) � - w - ;z 24 zE k �7\mm=\m Cl) 2= Cl) Cl) g Cl) z aLL m z z » CO z » z » z » E�\Lr)§» // j q@J=bkt /\ » 2a aLLAa Lu CD §§ z o e � » £ E Lb / j = LU } \ LU \ \ LU z C \ C/) e Of < J z 7 / E > ELL o / j i § i % - i \j §� ° z 2 / »z \ ƒ _� LL \ § 2\ < o- o= < _ Do / 7 7 i Of / E f 0 / < j - / LU </ ƒj 0 5j T- C) /\j / C/) 0 /m \§ C� § o �j »� i®� z / §ƒ §of \d /d \\d 7 z o o= 02 o LL, z <= e= <z= > z < e= 04 mm IC/) C/ =om e N N LO 0 q S ¢ 2 n � � \ _ °M ' um STATEMENT OF BIDOERS QUALIFICAMONSS Mf n *47�E vWmw of pmusdan of reqtkW Umim - General Conbm*r, MD SUBNUM WITH RM Tm PAGE COLA Page 64 of 522 Submit Bids To: T SERMCES 100 E. BoWdon Bead'i Boulevard -W425-03-" Tel 742-6322 Bid Title., IW .CENTER " ' t. Bids l be opened In Pfacurement Services unless speeied otherwWao. Bid rewiving date and time Is scheduled for Decoebw 14 291% no 1wof ij�m WD PK -,v and may not be AM awards made as a resuft df fts bid shefl conforni'to applimbiee charter and miss f the Ch. . Mme of Vendor -.. 'fLD. Number 59-2m969 Corporeflon of the State ck F Area Code, 772 Telephom Number 286-6100 Area COda. 772 FAX Itumber 286-7130 Alin 152 E` erib-a of Vendor MOIng .. . EAWNLAuthadzed ftnaturs & A.'f _Lj„ Name THM PAGE TO BE SUBMTED ALONG WffH DID !FOR Page 65 of 522 DID NUMBER: EZE,LL HESTER COMMUNrTY CENTER IMPROVEMENTS OW2718-171MA DrATE: as an auftrized r*pwmta&8,Of (prbt (hereInafter called the bidder) kxated at Company Address mdkwm #w Bidder has visked ft Me of 6* work and h88 w8fully examined the plam arW -specKimborm bid or proposal. N 18 2016 5A—,# 0,F JN3M,,,j5W""— SIGNMUREF FOR MANDATOW OWY URS, PAGE TO BE $UON".D 4ONG "M M Ivit PACUCIE M BE CONSWERED OOMP'LETIF AND I ACCEPTABLE M Page 66 of 522 A CITY OF BOYNTON BEACH FLORIDA 1115�1 NOR I so NM qM"M1&1JM BIDDER- McTeague Corra-trucdon Cn E�ESUBNIM-- 2 —,"- ........ . . . . . . . . . .. — — ---------- We propose and agree, if this bid is swepted, tO c0"Vact with the City of BoyMon Beach, in the Contmct Foffn. to fumish all nudenal, eqtdprnent. machinery, tools, apparaWs, nVk-M of trUnsPartation, ennstrucdon, coordinaflon, labor and services necemry to complete/provide ft wo*speoffied by ilia Cm*urct documerft, 'NOW19 -9tudi9d'tLhm';d �'� nwft �prWmr6d �-by-'- i4lmsm XWtCjjFffMCrLu*Q-- and ha%ft exaff9i'md the projed she (Men Indicated In #me SPWficafions to do so), me pmp,.,xe to petform the work, of #11s Projed, acoording 'to the CoftW documents and Ow following addenda which we have receNed- DXTE ADDENDUIW� Mr, It FAMUE YO K CONSUMED CeqMPLXj't AMD A, SAKE A-1 Page 67 of 522 The Bidder s to accept full e Technical Speckstbne. The comjAeW Work vW11 provide thee1 the f1 faWronf 1ndows and doors, repair fe dernaged walls and revair of the root leak at the Internal gutter at the Loboy, ass In the 1 Spedficabons by Floddo-CadbbeenArchitectum The Scope of Wark is owfe .gin - -Documentsfteciejf hep b Fourty EightThree Hundred Dollem1 f : a . ,_ — cad Afifechedis a COMPutow Generated The undemigned bidder agrees to comPletethe within the Oornmencwnent data. Coftact indudinag, al Contract documents and WE e e the- and pwfbirn ON Re in exact oomfAiancerequirements specificationsand dmvAngs. Page 68 of 522 IIFG "bidder,LOY Submiftiorl. af - thid -Bid scknoW�sdges that the DIMer has been GdVIMW that in ft event bidder contests, the and Of thm PMJect to snWhar-Wdder, Umt1he bidder darnages, -if any, are Ifted to achmi Bid PreParafti oWs and bidder hereby wahm any daim ft rylay have fbr, Odw, damages comft bom the C.Ws failure W award the project bIdder. (Name g0bidtio-r. CCorpo,,,dV#,,-,n,, Firm, x. lndfi� — . ............... ......... _�tz . ........ sl,:6 PInUO Nrm�mp. Pmsldent w.aw_._. . . . ......... . . ....... ---- - ---------- - --- 72,12- E-MWI: kMkv FIOdd8 COrthr8dWea, LIC' nee NuMtO —C-1114EI—:� 1,31fir,""I Page 69 of 522 COUNTY Fs ¶_ S F . Before me, a Notary Public , quaff° - ... t �ed"O �� 1� , �s '� i�"1"n�Wiarf -the Qwnsr, th a CIIyg - __ Ei[F'] -..3 Page 70 of 522 .ae x. STA Ubw of G-Ansfal Documeft Mall pirepre and submft the data requeeed in the foRowing schedule of irdoffnadon., m m in 'made a� of vuuh bid e . ® Failure instruchop may ke regmded as IMIfication for re*Ung the E;mhzctW,8 pmpusfljn 19 0 In f x n •P m h rGxaaitYaae'�yx°�`jpr%id ro. - � 2`,#4 Yet htSl� w,fin '�Yv''"u��`,a's`K M xiexu uuuuuuuuu u.,,r.,�q xx cnwwwwwn.�. raixua«««««««auumxxxxxxxxxxx.,i,.auuuuuwnnttun.uuuawaur.a,�.tuuuuuuuuuuue:.xxxxxxxxxmxpywyxi,.y,,;n...aaaysaaaaau.:nn>...uwwwwue 1983 When v Where6 ra $ M.sxi.xi uxu.:.���j{,'.�rs>xixurxuuxu,:,,wnw ,wwuuxu,uxu-w~svuxir-;vvnxusxouxu,uxu,:..,x-axuw,ux,„;a�:�:...,x-,m,xixu,xixu,:.:u;,;,xixusxruxuu,,.,xiwa..`,.•,.,x;,w,ssxi,xw.,u. oled GNIeral cheracler of wwk peribmiedr con= to. Lmr dn,Ml do= and hardware _.. y PAGrrI"C' 1-1 WUMIT-1-09 ALONG WTFH BID FOR PACKAGE TO BE . RED COMPLETE AND ACUPTAKE Page 71 of 522 STATEMENT OF BIDDERS t wninued ...... W E-.'xp Mence, in perfarmww. lit windtrm ems5, ��r imberely Dellatatioust 661-582-56,22 Peri ST LwAsliftw9k Marcift Ditiltdo � 11. Contradt on hand. `z prowl"I's Or, 11 CA hakee H- ushn i windavr a a aaaauuuuu uuuuuw„� 00 .......`ms' s � ��� A 'M Ust 01 IsAisults (design andsixfw o f t o voii ys u hakes qty rld WIWI: E uowrreld Within n _. 3) proAde case number and w LAMA tft day ofQ, . , , f 16 (MinTyped),�, m PrvWderd THS _ TU M SCUN IFI ;, Ai Wff� t No J C�n�j IM TO It CONIM COMPUll MID NXTRIFIAM, SBQ Page 72 of 522 state f FILWWR WILY, .0i Mckw3l mr6roaque being first duly amm, depows and says He/She m 1, 'u . ........ —,— e C�ikw a Q FkTN lme bldder ffmt hms. subtrofatt,)d tile aftrhed FAIld: CNAAM., UNI'MY Ci" -,IT IKAMF' MENTSN 5) Tfle Pd M Or Prims quct6,d in ft attached bid are far and proper and m W tainled by, any Wltmion, wmpracy. conrMncm or unWWul agrawnem or, the pan of the bidd@r or any of fts ROm'-ft ?"W680"W"s. (Mms, OmPloyew, or pardft- In Interod, lndudjrg ttd., Want. Stihmnibuct and samr-ri t6 befam mm, mf dayref j2C1,11) 6 21020 bold th "hou My cximmisslorw expires, PAM" TO BE CQNSMRED COMPLEM AND ACCEPTAKE N't AA, - I Page 73 of 522 ISTATE OF FLORIDA COUNTY OF FWA0019M. a SS iHkhWw9!_WPJ hW"bY %k4 WIM71. depme and gay VIM no portion of -this Wm -herein wd %iffil be paid to any employews of the Cily of Boynton Beach SZ,9 GwImissim, Wdcback, mwaWof gd, doo*_ or IndirecOy by me or arly membsr of rrly Ib7n or by an ofter of 1he corpmefti. Swurn atW faubs-r-cilbed behm nm &war da. NJINARY MUBLIC, S to CA 8 - Milt 'b—F-F—ICIAL OEM 05 Am kwy Printed Infommoon-, Michael McTeague NNW. IN IS P 10 SL S WUR417A - 11-0, ALQNG Wi I H MW i.,uji PACVAGE TO SE CONSIDWRED COMP LEIiMD ACWSTARLE AVA—I Page 74 of 522 U YSS, pleaw Indicate by an 'V in the appropflate box ASIAN RLACX WOMEN S if -- `, l i,rcxrl r . , . .. s t. on was obtained 8nd > date. } t�A;.w"� zw ,WGA G &„�-CO Miami ifflui mu iFcms PACKAGE MO CDN _ COMRZTE, ANDAMCMAIRLE MOB. -, Page 75 of 522 .:, SIM1WHU".*91-k thS, g is "UW In the wcwkpkce and arnployew for t e 2) Inform employeas about the dangem of dnig abuse in dise ..a a n a=� n c: _ � -1 e W � uem -f 43 gs, as 9$ -��- f$drug abuse • rehabiritaflon program if such is available in the emplayees communfty by, any afnployee 1', so convicted. Make a 900d 181th OffOrt to Confinuemaintaln a drug-frw workplace through kW)Iemerjtr4ori,t3f.,this.swo3on. IN 111111 —4rd&o-es SAS PAGE baa = -,J, ru Page 76 of 522 &OFM PROGRAM C04YWUA14CE BhEdl bO 91M tO t=bv(Am' With. an established safety program foliffividig 0S.H.A. guldfAines, a?xI dOcAJm6ntGd resutte establiening a We wwking siMmment ' Vida Ftmt%� r 0 bF 4011"Atma C, i s#4, 2. 'The City mvmves #m light to cxmduct pwjOdic w"y knpecliorm of thet mntmcM wbc0f*8ctw, OmPlOYMB, Sgents. etc. throughout the dumdon of Me CorftcL Th a C fty, m,,selw-s, ttle tjt. ta Wflmgn two tw TOPARUMIS. or TOquim"IRFAS eWaklfhshed by O. -SHA, cw Vne-, 153tatc. gamy gu* 9ft ftm cowgilm "d) FCM BHTY`PA mMuo'BECONSIVA M" CENRETr MWARC UPrAWLE PC - 111 Page 77 of 522 no v k; , Aft it L ce 05 St, IT al a .,, Page 78 of 522 PALM 6it*; r -T O.Puu"i- T Duh,R ��V LJ $ BID No. 006-2710-17/JMA The Contractor is � &-Wafe'u' f Wt Ist.1W vPmiur -UTenerai 4 1-simAdeacn, �)Umiy, has Vie �vuttm�jjy o, 4 it matters relating to the negotiation and p 1MMUgate and allcr .sjf0jrnu1tcx. cjf contract arr th ftirth6mrM thOre*f MaY domand and obtain re=d8 and fony fj'm, the Coy Amclor and th; subcorltractors and lomr der subcontractors, EM widrur*w undemnsimrJv and aVmem G -W, in add#icri tu aA WwraVim. iWas and ConsequmWas PrOvided bY law. the falurs of the CAx*Actcw cv- its sutwMatmAors or lower, fiw, mbmdrsdurs tO fLAY wCOW21de wfth the Inspedof Gw=W wton r8quOr,,18d May ba dewaW by 1he munidpaldy to be a rralada, brmdj of tl,,de contrad jLtslf Y,ng' Ift terminsUm. , ky sel md"T's'ague F"' Date: j2j &41201 LQ_,___�_ TM PAGE TO SEsmari-k-0, ALM, 6 VyMj =IN ORDER FOR PACXAGE TO BE CONSSWE"RED CDM,1Fn,,ErEgo ACCE� AP ,rpgjq-E Page 79 of 522 CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: Approve a one-year a)dension to the Three Year Contract for TPA Services for Workers Compensation claims with Commercial Risk Management, Inc. and Adjuster Services for Property and Casualty claims with Gallagher Bassett Services. EXPLANATION OF REQUEST: NEW EXTENSION TERM: JANUARY 1, 2017 to DECEMBER 31, 2017 On December 4, 2012, City Commission approved a three year contract (Resolution No. R12-125) with Commercial Risk Management for Third Party Claims Administrative Services for Workers Compensation, and a three year contract with Gallagher Bassett Services for Adjuster Services for Property and Casualty Claims. The RFP allowed for three (3) additional one-year terms with the same terms and conditions and mutually agreeable rates. City Commission approved the first one- year extension to these contracts on November 17, 2015. Commercial Risk Management has agreed to extend the contract for TPA Services for Workers Compensation Claims for the second one-year term with the same terms, conditions and rates. Gallagher -Bassett Services has agreed to extend the contract under the same terms and conditions, but with a requested rate increase of three percent (3%). Per claim fees and service charges are included as part of the requested 3% increase renewal package. Julie Oldbury, Director of Human Resources and Risk Management has agreed to the 3% increase for this fifth year of the contract. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A one-year extension to the contracts will allow for continued claim administration for the City of Boynton Beach for the period January 1, 2017 through December 31, 2017. FISCAL IMPACT. Budgeted Funds for the TPA services are budgeted and available from the Risk Management accounts 522-1710-51-31- 90 and 522-1710-519-45-12. ALTERNATIVES: The City could issue another Request for Proposal for these services, or hire additional staff to perform claims services. STRATEGIC PLAN: Page 80 of 522 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Gallagher Bassett Agreement to Renew D Attachment Gallagher Bassett Proposed Fees D Attachment Commercial Risk Mgmt. Agreement to Renew REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/22/2016 ® 3:20 PM Finance Howard, Tim Approved 12/22/2016 ® 3:21 PM Legal Cherof, Jim Approved 12/27/2016 ® 3:16 PM City Manager Howard, Tim Approved 12/27/2016 ® 3:36 PM Page 81 of 522 RE- AGREEMENT FOR PROFESSIONAL SERVICES FOR ADJUSTER SERVICES FOR PROPERTY AND CASUALTY CLAIMS AGREEMENT RENEWAL TERM: JANUARY 1, 2017 T14ROUGHDEC- EMBER 31 2017 Yes, I agree to renew the existing Agreement under the same Terms, Conditions and rates for an a,dditional year. Yes, I agree to 1- renew the existing Agreement Linder the same Terms and Conditions, but with a requested rate increase of No, I do not wish to renew the Agreement for the following reason(s): zav��'� NAME OF REPRESENTATIVE (Rease print) 5A—T—F- E-MAILAD- E S1 NATbR�� L6 �1111to �e-r-- TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 82 of 522 GALLAGHER BASSETT GUIDE. GUARD. Gd BEYOND. CITY OF BOYNTON BEACH, FL 01 /01 /2017-01/01/2018 ' ® ' ' • • Liability Auto Liability/Bodily Injury 6 $876 $5,256 Auto Liability/Property Damage 4 $464 $1,856 Auto/Physical Damage 1 $347 $347 General Liability/Bodily Injury 6 $876 $5,256 General Liability/Property Damage 2 $464 $928 General Liability/Personal Injury (AK, AL, AR, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY) 4 $859 $3,436 Professional Liability 4 $1,115 $4,460 Incidents - Liability 0 $52 $0 Total Liability Fee Per Claim 27 $21,539 Property Property 0 $773 $0 Incidents - Property 0 $52 $0 Total Property Fee Per Claim 0 $0 Administration / Data Management $11,783 RMIS — 2 Users Full Access Included Claim Reporting Included Total Administrative Services $11,783 Cost & Terms 2055.2 20161208155623 Page 1 Page 83 of 522 GALLAGHER BASSETT GUIDE. GUARD. G4 BEYQND. CITY OF BOYNTON BEACH, FL 01 /01 /2017-01/01/2018 RMIS -Additional Users 1$1,000 per user Fraud Prevention — Gallagher Bassett Investigative Services (GBIS) Special Fraud Investigations - SIU $85 per hour plus expenses Outside Field Investigations $80 per hour plus expenses Surveillance Investigations $70 per hour plus expenses Targeted Field Investigations $80 per hour plus expenses Targeted Database Searches Rate per report Self Service Database Searches Rate per report Gallagher Bassett Litigation Management Program (GBLMP) Invoice and Matter Management platform for adjusters/counsel 2% of net legal invoice (invoice net of disbursements and invoice review savings). Charged as an additional expense, funded by the client and will be reflected as an allocated expense on the claim file. 5 client licenses for Legal Analytics platform Attorney -led legal bill review Taxes Taxes All applicable taxes will be added to the service fees where required Cost & Terms 2055.2 20161208155623 Page 2 Page 84 of 522 CITY OF BOYNTON BEACH, FL G,a L LAG H E R 01 /01 /2017-01/01/2018 BASSETT GUIDE. GUARD. G4 BEYQND. 1. Claim Count Reconciliation: • Estimate - Claims will be reconciled and billed at the 18th and 24th month and then every 12 months thereafter. 2. Billing and Payment Terms: Fees will be billed Monthly during the service period. Claim Pricing Terms: Life of Partnership: Claims will be handled for the life of the partnership with no additional per claim fees. If you should decide to non -renew all or a portion of your program, the existing open files can be handled in one of the following two ways: - GB would continue to handle the open files at our prevailing rate fees per year open file. - GB would return the files to the client (contingent upon Carrier approval) at the client's expense. 4. There will be additional charges for ongoing Data Management (RISX-FACS°), RMIS users, Administration, Banking fees and monthly reports for as long as GB handles claims. 5. Account Administration includes the following: • Account Management • Detailed Status Reports All Lines of Business @ $50,000 • Settlement Authority All Lines of Business @ $0 • 2 Standard Meeting(s) Included • 2 Claim Review(s) - Telephonic • Claim Review Books • Claim Reporting • Loss Fund Account Mgmt/Banking Services (SIMMS) • 2 RMIS User(s) - Full Access Included • Standard Analytics Reports • Acknowledgement Letter to Injured Employee WC • Acknowledgement Letter to Claimant Liab • Data Transfer to Carrier(s) 6. Claim Charges: Claim and incident fees will be assessed on a per occurrence, per claimant, per line of coverage basis. 7. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 8. Gallagher Bassett Services, Inc. will not pay a fee, commission, or rebate to any party for the privilege of presenting our proposal or in order to secure the awarding of any program to Gallagher Bassett Services, Inc. Cost & Terms 2055.2 20161208155623 Page 3 Page 85 of 522 4; CITY OF BOYNTON BEACH, FL GA L LAG H E R 01 /01 /2017-01/01/2018 BASSETT GUIDE. GU,gRD. GO BEYOND, 1. Independent Adjusters - If applicable, following any significant loss as a result of a single event (i.e., hurricane, tornado, flood, earthquake, etc.), GB reserves the right to retain outside resources (adjusters) when appropriate and those fees will be paid as an Allocated Expense off the file. 2. The pricing quoted in this Cost & Terms is based upon the data and information provided by Client, as well as existing legislative and regulatory requirements. Material inaccuracies or changes to the foregoing may require adjustments to the quoted pricing. 3. Taxes - All applicable taxes will be added to the service fees where required. 4. Allocated Expenses: Shall be your responsibility as applicable and shall include, but not be limited to: • Legal Fees • Legal Bill Review • Medical Examinations • Professional Photographs • Travel made at client's request • Costs for witness statements • Court reporter service, translation, and interpretation • Record retrieval and copying services (Including medical and legal) • Accident reconstruction • Experts' rehabilitation costs • Chemist • Fees for service of process • Collection cost payable to third parties on subrogation • Architects, contractors • Engineer • Any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the client • Police, fire, coroner, weather, or other such reports • Property damage appraisals • Vehicle appraisals (vehicle damage assessment) • SIU, surveillance and sub rosa investigation • Official documents and transcripts • Pre- and post judgment interest paid • Outside Field Investigations • Subrogation at 15% of gross recovery • Index Bureau Reporting (All Coverages) • Second Injury Fund Recovery • Data Intelligence Self -Service Reports • Medical Management - Medical Management services may include, but are not limited to: - Preferred provider organization networks - Utilization review services - Automated state fee scheduling - Light duty/return-to-work programs - Medical case management and Vocational rehabilitation network - Prospective injury management services - Hospital bill audit services Cost & Terms 2055.2 20161208155623 Page 8e&95L2 GALLAGHER BASSETT GUIDE. GUARD. GO BEYOND, CITY OF BOYNTON BEACH, FL 01 /01 /2017-01/01/2018 1 0 Incidents An Incident is a loss reported electronically through ClaimLine and/or the Web, or set up manually at the branch. GB will review the Incident and make a courtesy call (if necessary) to determine if it is a claim or Incident. GB will have full discretion in the determination and handling of these Incidents and/or their conversion into claim status. Auto Physical Damage (APD) Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines. Liability Claims Investigate, evaluate and adjudicate all third -party claims for which you may be legally obligated. Third -party claims will be managed and administered in accordance with our product guidelines. Property Claims Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines. Cost & Terms 2055.2 20161208155623 Page 5 Page 87 of 522 Commerclial Risk Affiliate Southeafftem BIne. i •Box 18366 Twnpa, Florida 33679-8366 - Phone (813) 289-3900 - Pax (813) 2,89-3771 October g Financial 2016 W Tim W. Howard Director of The City of Boynton Beach 31 Boynton 33 425-03 10 ® 3-1710-13/JMA Ezoems & SurPhum ice° " ge 88 of 522 Rhance,lProcurement 1 Sndces 100 E. Boynton Beach Bouleva P.O. BaK310 Telephone No., ill 742-6320 FAX (561) 742-6316 11 111 1171111 A 1177 ... 7 171111 ryf � 1 11 1 Yes. I agree to renew the existing Agreement under the same Terms, Conditions and retes; for an additional year. Yes, I agree to renew the existing Agreement under the same Terms and Conditions, but with a requested rate increase of .. . ............ COMMERCIAL RISK MANAGEMENT NAME OF COMPANY NAME OF REPRESENTATWE (Please print) -zo ............... 60�2-d-- DATE e" "t - AD RESS FE-MAiLU Ri,, A? op& 6, NO, RE P ex LI --10 Ot E �Ill 0-1? e-gt7 (AREA CODE) TE—LE—P-1-16-NE —Numirzk America's Gateway to the GuffStream Page 89 of 522 6.C. CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-002 -Approve contracts to the Community Development Block Grant (CDBG) Sub Recipients as adopted in the One Year Action Plan as approved by City Commission on by July 19th, 2016; Resolution R16-087. EXPLANATION OF REQUEST. As a recipient of Community Development Block Grant funds from the US Department of Housing an Urban Development (HUD), the city of Boynton Beach submitted its One Year Action Plan on August 15, 2016. This plan has been approved by HUD, and has entered into a contract. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Local non profits who provide CDBG eligible services and programs to low and low/moderate income residents have submitted grant applications requesting funds to assist in the deliver of their services. As a result of approval, they have provided budgets and are contracting with the city to be reimbursed in part. FISCAL IMPACT: The city is scheduled to receive $497,889 in CDBG funds for FY 16/17. The following agencies will receive: Aid for Victims of Domestic Assault $ 10,000 Boynton Beach CDC 130,000 Community Caring Center 40,683 Legal Aid Society 4,000 Pathways to Prosperity 20,000 Total $204,683 ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: Page 90 of 522 ATTACHMENTS: Howard, Tim Type D Addendum D Attachment D Agreement D Agreement D Agreement D Agreement D Agreement REVIEWERS: Department Reviewer Community improvement Mack, Andrew Finance Howard, Tim Legal Cherof, Jim Finance Howard, Tim Legal Cherof, Jim Finance Howard, Tim Legal Cherof, Jim City Manager Howard, Tim Description Resolution Y16-17 Action Plan AVDA Agreement BBFB CDC Agreement CCC of GBB Agreement LAS of PBC Agreement P2P Agreement Action Date Approved 12/27/2016 - 3:39 PM Approved 12/27/2016 - 3:51 PM Approved 12/27/2016 - 6:12 PM Approved 12/28/2016 - 9:03 AM Approved 12/28/2016 - 9:10 AM Approved 12/28/2016 - 9:41 AM Approved 12/28/2016 - 10:48 AM Approved 12/28/2016 - 10:55 AM Page 91 of 522 I RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING DISTRIBUTION OF 5 COMMUNITY DEVELOPMENT BLOCK GRANT 6 FUNDS AND AUTHORIZING THE CITY MANAGER 7 TO ENTER TO AGREMENTS WITH SELECTED SUB - 8 GRANTEE RECIPIENTS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has reviewed the recommendations of City Staff 12 for distribution of FY 2017 Community Development Block Grant funds to qualified 13 organization and approves the recommendations as herein set forth. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 16 Section 1. The foregoing "WHEREAS" clauses are true and correct and 17 hereby ratified and confirmed by the City Commission 18 Section 2. The following organizations are designated by the City as sub -grantee 19 recipients of Community development Block Grant funds in the amount shown: 20 Aid for Victims of Domestic Assault $ 10,000 21 Boynton Beach CDC $ 130,000 22 Community Caring Center $ 40,683 23 Legal Aid Society $ 4,000 24 Pathways to Prosperity $ 20,000 25 26 27 28 29 30 Section 3. The City Manager is authorized to sign agreements with the foregoing listed organizations to effectuate the approved distribution of funds. Section 4. That this Resolution will become effective immediately upon passage. PASSED AND ADOPTED this {00164639.1 306-9001821} day of , 2017. Page 92 of 522 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) {00164639.1 306-9001821} CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 93 of 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R16-087 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2015/2016; AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION AND THE CERTIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in its twentieth year of receiving Federal Grant Funds; and WHEREAS, the One Year Action Plan has been developed with the activities recommended and approved by the City Commission at their June 21, 2016 meeting; and WHEREAS, approval of the One Year Action Plan will fund services to the community that are eligible under the CDBG program and provided to our community by various organizations. 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 the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2016/17. Section 3. The City Manager is authorized to sign the application and the certifications. Section 4. This Resolution will become effective immediately upon passage. S:\CC\WP\Resolutions\2016\Reso_-_CDBG_One_Year_Action_Plan_2016-17. doc 1 Page 94 of W1 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 PASSED AND ADOPTED this �7 01 day of �/ , 2016. U CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ju. , h A. Pyle, CMC Inferior City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello S:\CC\WP\Resolutions\2016\Reso_—CDBG_One_Year— Action_Plan 2016-17.doc 2 VOTE YES NO Page 95 of N t The SF 424 is part of the CPMP Annual Action Plan. SF 424 form fields are included in this document. Grantee information is linked from the 1 CPMP.xls document of the CPMP tool. Complete the fillable fields (blue cells) in the table below. The other items are pre -filled with values from the Grantee Information Worksheet. Date Submitted August 15, 2016 Applicant Identifier Type of Submission Date Received by state State Identifier—Application Pre -application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction B -16 -MC -12-0043 ® Non Construction ❑ Non Construction Applicant Information City of Boynton Beach UOG Code FL120264 100 E. Boynton Beach Boulevard Organizational DUNS 07-224-7133 FTB Organizational Unit Municipal Boynton Beach Florida Department Development 33435 1 'Division Community Improvement Employer Identification Number (EIN): 1county Palm Beach 59-6000282 1program Year Start Da MM/DD 10/01 Applicant Type: Opecify Other Type if necessary: Municipal U.S. Department o Program Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Housing rehabilitation, public services for low -moderate income households and persons throughout Boynton Beach, economic development Description of Areas Affected by CDBG Project(s) Citywide, and other major targeted low income areas $CDBG Grant Amount $497,889 $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged I $Additional State Funds Leveraged Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for CDBG-based Project(s) Home Investment Partnerships Program 114.239 HOME N/A HOME Project Titles ,Description of Areas Affected by HOME Project(s) HOME Grant Amount Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged SF 424 City of Boynton Beach Page 96 of 522 $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOME -based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA N/A HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) i $HOPWA Grant Amount Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged , I Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG NIA ESG Project Titles Description of Areas Affected by ESG Project(s) ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Congressional Districts of. Is application subject to review by state Executive Order 12372 Process? Applicant Districts 23 Project Districts 23 Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation. ❑ YesThis i application was made available to the state EO 12372 process for review on DATE ® No Program is not covered by EO 12372 ❑ Yes ® No ❑ N/A Program has not been selected by the state for review Person to be contacted regarding this application iFirst Name Lori Middle Initial Last Name LaVerriere Title City Manager Phone 561/742-6010 lFax 5611742-6011 Email LaVerrierel@bbfl.us JGrantee Website www.boynton-beach.org Signature of Authprized Representative Date Signed 2-0 ` 1 SF 424 City of Boynton Beach Page 97 of 522 4 CPMP Non -State Grantee Certifications Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction: will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non -State Grantee Certifications Page 98 of 522 City of Boynton Beach Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal. appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Lori Laverriere w Name F—city manager i Title 100 E. Boynton Beach Boulevard Address Boynton Beach Florida 33435 City/State/Zip (561)742-6010 Telephone Number CPMP Non -State Grantee Certifications Date Page 99 of 522 City of Boynton Beach This certification does not apply. This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2016, 2017, 2018, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an, assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; CPMP Non -State Grantee Certifications Page 100 of 522 City of Boynton Beach Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, 1, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Lori Laverriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zi p (561) 742-6010 Telephone Number CPMP Non -State Grantee Certifications I Date Page 101 of 522 City of Boynton Beach This certification does not apply. ❑ This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date j N/A Name N/A Title N/A Address 1 N/A I City/State/Zip P N/A Telephone Number CPMP Non -State Grantee Certifications Page 102 of 522 City of Boynton Beach This certification does not apply. n This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official N/A I Name N/A I Title N/A i Address N/A City/State/Zip i N/A Telephone Number CPMP Non -State Grantee Certifications Date Page 103 of 522 City of Boynton Beach FQ This certification does not apply. ❑ This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non -substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non -State Grantee Certifications Page 104 of 522 City of Boynton Beach N This certification does not aptly. [] This certification is applicable. ESG Certifications I, N/A, Chief Executive Officer of N/A, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non -State Grantee Certifications Page 105 of 522 City of Boynton Beach authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Official Date N/A Name N/A i Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non -State Grantee Certifications Page 106 of 522 City of Boynton Beach ❑ This certification does not apply. Z This certification Is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street -Fcity 1 County I state zip City of Boynton Beach 100 E. Boynton Beach Blvd. ! Boynton Beach I Palin Beach FL 33435 I Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non. -Federal CPMP Non -State Grantee Certifications Page 107 of 522 City of Boynton Beach criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti -displacement and Relocation Plan Signature/Authorized Official Lori Laverriere Name City Manager Title E 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 j City/State/Zip (561) 742-6010 Telephone Number CPMP Non -State Grantee Certifications F Date Page 108 of 522 FY 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and AID TO VICTIMS OF DOMESTIC ABUSE. INC. THIS AGREEMENT is entered into this day of , 2017 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and AID TO VICTIMS OF DOMESTIC ABUSE, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at Post Office Box 6161, Delray Beach, Florida 33482 and its Federal Tax Identification number as 59-248662. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and AID TO VICTIMS OF DOMESTIC ABUSE, INC. WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. Page 109 of 522 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 00/100 ($10,000 . 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per unit for a minimum of two seminar/session(s). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per unit for a minimum of seven (7) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Boynton Beach residents 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda/flyer displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Boynton Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 110 of 522 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2016, to September 30, 2017. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 111 of 522 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, and access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 112 of 522 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 113 of 522 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any Page 114 of 522 subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. Page 115 of 522 The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and Page 116 of 522 expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 117 of 522 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH AID TO VICTIMS OF DOMESTIC ABUSE, INC 0 The foregoing instrument was acknowledged before me this _ day of , 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF BOYNTON BEACH, FLORIDA 21 Mayor Page 118 of 522 FY 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT is entered into this day of , 2017 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification number as 65-0971509. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION. WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. Page 119 of 522 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be One Hundred Thirty Thousand Dollars and 00/100 ($130,000 . 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per unit for a minimum of two seminar/session(s). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per unit for a minimum of seven (7) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Boynton Beach residents 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda/flyer displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Boynton Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 120 of 522 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2016, to September 30, 2017. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 121 of 522 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, and access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 122 of 522 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 123 of 522 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any Page 124 of 522 subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. Page 125 of 522 The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and Page 126 of 522 expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 127 of 522 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORP LZA The foregoing instrument was acknowledged before me this _ day of , 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF BOYNTON BEACH, FLORIDA 21 Mayor Page 128 of 522 FY 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and. COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC THIS AGREEMENT is entered into this day of , 2017 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65- 0447796. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. Page 129 of 522 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be FortyThousand Six Hundred Eighty Three Dollars and 00/100 ($40,683 . 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per unit for a minimum of two seminar/session(s). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per unit for a minimum of seven (7) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Boynton Beach residents 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda/flyer displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Boynton Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 130 of 522 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2016, to September 30, 2017. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 131 of 522 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 132 of 522 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 133 of 522 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the Page 134 of 522 regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of Page 135 of 522 acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: Page 136 of 522 SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other Page 137 of 522 remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. 0 The foregoing instrument was acknowledged before me this _ day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF BOYNTON BEACH, FLORIDA Mayor Page 138 of 522 FY 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into this day of , 2017 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 423 Fern Street, Suite 200, West Palm Beach, Florida 33401, and its Federal Tax Identification Number as 59-6046994. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: Page 139 of 522 a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Four Thousand Dollars and 00/100 ($4,000). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per unit for a minimum of two seminar/session(s). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per unit for a minimum of seven (7) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Boynton Beach residents 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda/flyer displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Boynton Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 140 of 522 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2016, to September 30, 2017. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 141 of 522 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 142 of 522 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 143 of 522 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the Page 144 of 522 regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of Page 145 of 522 acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: Page 146 of 522 SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other Page 147 of 522 remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 0 The foregoing instrument was acknowledged before me this _ day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF BOYNTON BEACH, FLORIDA Mayor Page 148 of 522 FY 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and. PATHWAYS TO PROSPERITY THIS AGREEMENT is entered into this day of , 2017 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PATHWAYS TO PROSPERITY hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271 WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: Page 149 of 522 a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per unit for a minimum of two seminar/session(s). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per unit for a minimum of seven (7) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Boynton Beach residents 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda/flyer displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Boynton Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 150 of 522 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2016, to September 30, 2017. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 151 of 522 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 152 of 522 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 153 of 522 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the Page 154 of 522 regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of Page 155 of 522 acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: Page 156 of 522 SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other Page 157 of 522 remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH PATHWAYS TO PROSPERITY. LZA The foregoing instrument was acknowledged before me this _ day of , 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF BOYNTON BEACH, FLORIDA A Mayor Page 158 of 522 MW CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $392,663.41. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. EXPLANATION OF REQUEST: Per Florida Statutes Title VI II 95. 11, the city has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from uninsured patients. The $392,663.41 represents approximately 1,100 medical incident transportations from 2012. The collection agency also reports unpaid balances to three (3) major credit bureaus. The $392,663.41 represents 24% of the $1,648,186.00 ALS Transport fees collected for that year. The City establishes an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this the requested write off approval will have no impact on the City's financial statements. It is prudent to review at least annually the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Attached is a schedule of amounts per transportation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None. FISCAL IMPACT. Non -budgeted No financial statement impact, this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements. ALTERNATIVES: Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance for Uncollectible Accounts based on the age of the receivables. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 159 of 522 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Fire Finance City Manager Description EMS WRITE OFF REPORT #1 EMS WRITE OFF REPORT #2 Reviewer Action Joseph, Glenn Approved Howard, Tim Approved Howard, Tim Approved Date 12/27/2016 ® 10:06 AM 12/27/2016 ® 1:14 PM 12/27/2016 ® 1:14 PM Page 160 of 522 It j 0 rL (D L CD 0 z 0 � �\ § J� >- 1 ID 0 } � / \ c = I 0 /} .it \ �\ . 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G C G C C G Ir C � E C F C7 c c c c s r c c v ;C, v"w F7 t'J fV nI r3 rJ N N N_ rV ra tV N r2 N N CV n1 ni r`i rJ nJ f^d rJ N (`J tv n7 rV ri fiJ aC) C+ C C C Q C C C C C 'W C C G �n iV f4 `J N N 4^`i Yui f }F f'Jd C'W f,'ti N r^J C+ ry G C r' R 'Z9 N N N N I ry ra In n -a` rt 't t r�F N h7 fiJ r�i tV IV rJ rV c`i t4 s'�1 r_f 4a N nl [�F N rJ fV f'a f'V ri I nl r rJ rd fV r^J {`F fti N rJ ni ry rV J ra ra rJ N eV f'I n] r>p N N N' CJ rl r4 ra- of nA CL W Ot to 0 -R -F C 2 72 7� 7 v . U � u u P- CL CL C Z" C, C Ec, C) w C, C, ol Irl cn 19 v IQ OD C, c, (A I C) C c-, C, r x z i 6.E. CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: Approve release of surety (Letter of Credit #11768) in the amount of $221,702.25 for the update of a traffic study and future improvements to High Ridge Road in association with the Lake Worth Christian School project. EXPLANATION OF REQUEST: The Public Works Department Engineering Division requests approval of the release of letter of credit #11768 in the amount of $221,702.25. Lake Worth Christian School submitted a letter of credit #11768 in the amount of $221,702.25 to insure the completion of a traffic study, design and permitting, and construction of improvements to the north approach left turn lane on High Ridge Road at the southern entrance in association with the Lake Worth Christian School project, if deemed necessary by the City Engineer The Traffic Engineer of Record, Pinder Troutman Consulting, Inc. has reviewed the existing conditions and finds no warrants for the study and/or improvements The Public Works Engineering Division has found that no further action is warranted and the letter of credit should be released. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 201 of 522 ATTACHMENTS: Type D Memo D Letter D Exhibit D Conditions of Approval REVIEWERS: Department Reviewer Development Mack, Andrew Finance Howard, Tim Legal Cherof, Jim City Manager Howard, Tim Description Staff Memo #16-014 - LWCS Traffic Engineer Letter Letter of Credit - #11768 Conditions of Approval Action Date Approved 12/9/2016 - 3:51 PM Approved 12/21/2016 - 8:44 AM Approved 12/23/2016 - 9:28 AM Approved 12/24/2016 - 8:39 AM Page 202 of 522 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 16-014 TO: Jeff Livergood, Director of Public Works & Engineering FROM: Andrew P. Mack, P.E., Director of Development/City Engineer DATE: December 9, 2016 SUBJECT: Lake Worth Christian School - Letter of Credit #11768 Amount: $221,702.25 Based on observed field conditions and the recommendation provided by Pinder Troutman Consulting, Inc. in my opinion the requirements of the letter of credit have been satisfied and no further action is required. On October 25th and November 8th, 2016 traffic was observe for the arrival and dismissal periods at Lake Worth Christian School on High Ridge Road. The purpose of these visits was to analyze traffic movement patterns at the school entrance to determine whether a southbound left turn lane into the school at the southerly driveway is desirable. Based upon these observations I do not believe a southbound left turn lane is desirable. My findings are based upon the follow assessments: 1. There is minimal right of way on High Ridge Road. Right of way at the school property is 65 feet. Immediately north and south of the property the right of way is 50 feet wide. Thus the construction of a 33 foot pavement (3 lanes) along with drainage and sidewalk would be constrained. 2. Surrounding topography shows higher elevations on private properties. It is likely that retaining walls and driveway easements would be required. 3. There are nearly 10 private driveways that would be negatively affected by construction of a turn lane. Several properties would have left turns restricted from their driveways because they would be prohibited from turning across a marked turn. My observation leads me to believe that this would be violated and lead to reduced safety. Of note is the presence of a landscape business across from the school. 4. Aside from construction constraints, I found sufficient gaps in the background traffic to allow for unimpeded southbound left turns into the school. This was most prominent during the afternoon dismissal period because this period does not coincide with the peak hour of High Ridge traffic flow. The morning arrival period did have several periods where southbound, left turning vehicles, caused backup delay on High Ridge. However, the frequency of this pattern was minimal. The morning period comprises not only school arrivals but commuters as well. Each of these users experience these traffic patterns daily so traffic movements at the school are a known factor. In fact, the minor amount of delays at the school is, in a way, built in traffic calming and provides slowed traffic on High Ridge that allows for safe exit movements from the northerly school driveway. In summary, there was only about a 15 minute period where any traffic congestions was produced by delays in the southbound left turn movement. These delays were well managed and safe. The negative components of a left turn lane as identified cause me greater concern. Therefore my recommendation is to no longer consider the possible construction of a southbound left turn lane at Lake Worth Christian. The impact on properties during the remaining 23 hours and 45 minutes of the day causes me concern. If you have any questions or concerns please contact me in the Engineering Divisions at 561.742.6374. Thank you. S:\Engineering\ Memorandums\MEMORANDUMS 2016\16-014 MACK, Lake Worth Christian School -Surety Release.docx Page 203 of 522 2005 Vista Parkway, Suite 111 West Palm Beach, FL 33411-6700 (561) 296-9698 Fax (561) 684-6336 Certificate of Authorization Number: 7989 November 10, 2016 Mr. Jim Harwood Superintendent Lake Worth Christian School 7592 High Ridge Road Boynton Beach, FL 33426 Re: Lake Worth Christian School - #PTC15-051 Dear Mr. Harwood: The purpose of this letter is to provide a statement regarding the construction of a southbound left turn lane on High Ridge Road into the school's driveway. We concur with the City of Boynton Beach's Director of Public Works and Engineering's assessment of November 8, 2016 that the southbound left turn lane should not be constructed. Our observations last year showed that the southbound left turn volume into the school caused minimal delays and any queue was cleared in less than 30 seconds in the AM peak hour. This period occurred for not more than 15 minutes consistent with the City's observations. Construction of a left turn lane will disrupt traffic flow for several driveways along High Ridge Road and is not needed for the school. Please contact this office if you need any additional information or have any questions. Sincerel An rea M. Troutman, P. E. Pre 'dent Pinder Tract Consulting, Inc. Letter Harwood 15-051 11-10-16 Page 204 of 522 Cit)(National Ban Telepht • �i 1 + 1"fSWIFT: CNUFUS3M CLEAN IRREVOCABLE LETTER OF CREDIT NO. 11768 May 4, 2016 Commission of Boyn on • _ • f' East Boynton Beach : • Worthulevard Voynton Beach, Florida 33435 Lake r•Society, 7592 HighRidge ' • • Boynton Beach,i RE: 01 i Letter of Credit No. 11768 Building Permit No. 15-00003963 For 9-45-43, S 1/2 of N 1/2 OF NW 1/4 of SW 1/4 (LESS S 10 FT F W '/Z W 40 FT HIGH RIDGE RD R/WS) Date: May 4, 2016 Amount: USD $221,702.25 Expiration Date: May 4, 2017 We hereby open our Clean Irrevocable Letter of Credit No. 11768 in favor of the City of Boynton Beach, Florida ("City") for the initial amount of Two Hundred Twenty One Thousand Seven Hundred Two and 25/100 U. S. Dollars ($ 221,702.25) effective as of this date, which shall remain effective until released by a Resolution adopted by the City Commission at a regular City Commission scheduled meeting. This Letter of Credit is issued pursuant to the terms of that certain Building Permit No. 15- 00003963 (hereinafter, "Permit"), issued to Lake Worth Christian Society, Inc., as Developer, by the City of Boynton Beach, Florida, to develop a Project No. 15093.00 to be known as Lake Worth Christian Society, Inc., (hereinafter, called the "Project"), and to construct and install the required public improvements [to support the Project] [subsequent to recordation of said plat for the Project] pursuant to the terms of the Permit. This Letter of Credit, however, is independent of said Permit and reference herein is for information only. The initial amount of funds available under this Letter of Credit and stated above be reduced from time to time by the City Engineer, as the agent for the City of Boynton Beach, in accordance with the requirements of the Subdivision, Platting and Required Improvements Regulations, Chapter 2, Article III, Section 2 C.2.c, and Chapter 4, Article VIII, Section 2 and 3 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the Permit Number and Project Name, as set out herein, and the new amount requested. -O :.x 025620 Miami, FL r Members qual Page 205 of 522 CITY NATIONAL BANK CLEAN IRFXVOCABLE LETTER OF CREDIT NO. 11768 PAGE 2 OF 2 Funds under this Letter of Credit are available to the City hereunder, not to exceed the current available amount subsequent to any authorized reductions of this Credit against the City's demand, by its authorized agent named above, for payment to us mentioning our Letter of Credit No. 11768. When the City's demand for payment is received at City National Bank, 25 West Flagler St., th Floor, Miami, Florida 33130, Attn. Letters of Credit Department, on or prior to the r--'xpiration Date, it will be promptly honored. •W71 MMT-MrMai actions necessary to entorce Me terms ot WIS Letter ot crectit slim be in Palm Beach County, Florida. Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the Uniform Customs and Practices For Documentary Credits (2007 Revisions), International Chamber of Commerce Publication No. 600. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically our Credit Number. For City i6h at* al B Glady Paz, AVP I ational Banking Officer Page 206 of 522 rxoj 0, 1 p] I I Eel 116 •, wo -0 , Project Name, Lake Worth Christian School File number: MSPM 15-006/COUS 15-004 Reference: 2 nd review plans identified as a Ma'or Site Plan Modification with an August 11, 2015 Plannin-q and Zonin-q Department date stamp markino. DEPARTMENTS ENGINEERING PUBLIC WORKS I FORESTRY UTILITIES tel .• Page 207 of 522 Lake Worth Christian School (MSPM 15-0061COUS 15-004) Conditions of Approval Pa. of DEPARTMENTS INCLUDE REJECI-- J T 3. If warranted by the traffic study or based on observed deficiencies by the City Engineer, the following improvements will be deemed necessary to rectify the deficiencies, and shall be constructed within 180 days, following approval of plans and permits by the City and Palm Beach County. A north approach left turn lane on High Ridge Road at the x southern driveway (which is an entrance only) and any additional improvements as required to construct the turn lane per Palm Beach County Engineering Division. The turn lane I shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. FIRE Cornrnents: None, 0 previous comments addressed or wifl be addressed x during permitting, POLICE Comments: None, all previous comments addressed or vAll be addressed x during permitting. .... .............. BUILDING DIVISION Comrnents� 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. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building x Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION Comments: None x Page 208 of 522 6.F CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: Accept the FY2015/2016 Annual Grants Report EXPLANATION OF REQUEST: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City's previous year's grant activity. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year. FISCAL IMPACT: None. ALTERNATIVES: Not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 209 of 522 REVIEWERS: Department Reviewer Finance Howard, Tim Finance Howard, Tim City Manager Howard, Tim Action Date Approved 12/22/2016 ® 3:18 PM Approved 12/22/2016 ® 3:18 PM Approved 12/22/2016 ® 3:18 PM Page 210 of 522 City of Boynton Beach FY2015/2016 Annual Grants Report Boynton Beach Grants Team December 21, 2016 Page 211 of 522 1r'Y201.51.2016 Annual (r°aws Repor l Introduction The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on furthering the Strategic Plan, meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Grants Coordinator provides the following: • Orientation for all new Grants Team members • Grant writing assistance • Grant proposal quality review • Special project funding availability analyses • Grant lifecycle monitoring • Grant management training • Serves as the Organization Administrator for grant management software • Pre -audit preparation • Special assistance to outside organizations as approved by the City Manager An Annual Grants Report is published each year, which summarizes the City's previous year's grant activity, serves to document citywide efforts and identify focus areas for the next fiscal year. Grant Team members' diligence in using the tools provided by the City is essential to communication and effective record keeping. Accordingly, the Grants Coordinator solicits comments, suggestions and recommendations regarding grants management tools and this report, which is used to increase the overall efficacy of the program. Grants Team Mission Statement: To enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. Team Structure/Protocol The Grants Team functions as a self-directed unit, operating under the auspices of the City Manager's Office. The team members conduct research, participate in training, prepare grant applications and manage grant awards. Membership consists of representatives from departments city-wide, who also function as the liaison between their department and the team. The Grants Coordinator facilitates, expedites and communicates on behalf of the team. ME Page 212 of 522 1r'Y201.51.2016 Annual (r°aws Repor l Liaison role on Grants Team • Conduct funding searches for department projects to identify appropriate funding sources • Assist with research, writing, and gathering information for proposal development • Continually update skills through grant training opportunities • Review proposals (upon department request) for quality • Communicate concerns regarding funding needs to the Grants Coordinator • Use the tools provided by the City for effective and efficient grant management • Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures FY2015/2016 Grants Team Members City Clerk's Office — Judy Pyle Finance - Mara Frederiksen Fire Department - Vicki Dornieden The Links Golf Course - Sam Reep Human Resource - Julie Oldbury ITS - John McNally Library - Craig Clark/Anne Watts Planning - Hanna Matras Police — Officer Jaclyn Smith Public Arts - Debby Coles-Dobay Public Works/Forestry & Grounds - Glenda Hall Recreation & Parks — Stephanie Soplop Risk Management - Mark Bobich Grants Team Coordinator/City Manager's Office - Debbie Majors Benefits of having a Grants Team • Increased communication regarding grant opportunities throughout the city • City-wide consistency in grant management • More focused approach in applying for funding (using personnel/financial resources more efficiently) • Involving departments who have had little or no history in obtaining grant funding • Flow of information to City Manager and City Commission has increased, therefore increasing awareness of staff efforts and resourcefulness • The City has made new and valuable contacts throughout the state and nation enhancing our grants management operation • We have served as a role model for many other cities and counties Departmental Grant Activity FY 2015/2016 In FY2015/2016, departments submitted 14 grant requests for funding, totaling $2,213,757. Grant application review and approval at the state and federal level can take up to one year from the date the application is submitted. During FY2015/2016, 10 grants were awarded totaling $1,058,457.12. -2- Page 213 of 522 1r'Y201.51.2016 Annual (r°aws Repor l While the City receives some entitlement and formula funding, the majority of grants applied for are competitive. Community Development Block Grant (CDBG) and State Aid to Libraries are examples of the non-competitive funding the City receives annually. These dollars are critical to continue providing basic services to our residents. The amount of State Aid to Libraries is based on local investment in the public library. Increased investment from the City's General Funds dollars has assisted the Library to receive additional state funding. Over the past four years the Library has seen steady increases that enable them to update technology that has provided critical services to residents. In addition to applying for grants, staff actively manages multiple grant funded projects. This includes reporting to the granting agency, managing project or program issues and preparing for the audit. Mara Frederiksen, Account Manager in the Finance Department, is the newest member to our Grants Team. She brings knowledge and experience in managing grant accounts and audit preparation. Management and compliance requirements can take a significant amount of time and resources citywide. Staff is to be commended for their efforts. How has all this time and money enhanced the quality of life in Boynton Beach? What does this really mean? Fire Department • Emergency Medical Services Grant provided software for training purposes known as Target Solutions. Historic Preservation • Residents and visitors can learn about our rich history through the development of an interactive website containing information on Boynton's rich black history. Focusing on the area between MLK Jr. Blvd, NE 13 Avenue, N. Federal Highway and N. Seacrest, the website will provide information on all aspects of black history and culture. Library • State Aid enabled the library to replace 25 old public access computers. • 45 Microsoft Office 2016 licenses were purchased. • A one year subscription to the Library's Learning Express Database was purchased. Students can take practice tests for their GED & the SAT on the. Library users can also receive job and career assistance. • A one year subscription to Freegal music and music streaming database was purchased. Library users can download five free songs per week for their personal digital music catalog. They can also live stream multiple genres of music for up to three hours a day on their computer or mobile device. • A one year subscription to Zinio electronic magazine database was purchase. Library users can download and read more than 70 magazine titles for free to their computer or electronic mobile device. -3- Page 214 of 522 1r'Y201.51.2016 Annual (r°aws Repor l • A one year subscription to Transparent Languages database was purchased. Library users can learn multiple foreign languages or practice their English language skills for free on a computer or mobile device. • Books, library processing supplies and archival supplies were purchased. • Multiple staff training opportunities. Police • JAG grant funding enabled the department to produce in-house educational videos to educate the public in areas such as "If You See Something, Say Something" and Lock It or Lose It". Education is a key component to crime prevention. In addition, a portion of the funds were used to purchase SmartWater Home Coding Instant Tracer kits which were distributed to the community as deemed needed by our Crime Prevention Unit. Lastly, harnesses were purchased for the K9's. K9's work closely with officers, the harness benefits both the K9 and their partner. • During last year's manatee season, the manatee funds potentially saved the lives of several manatees in our waterways by having officers on the water for extra hours educating and/or citing violators for speeding through the wake zones. • The VOCA grant allowed our agency to employ a victim advocate who assisted numerous victims throughout the year with various services. Recreation & Parks • The Make a Splash Program provided free swim lessons to 89 children at the Denson Pool. There were 35 African American, 26 Hispanic and 28 of other ethnicity. 30 participants were ages 5 & Under, 33 were 6-8 years old, 20 were between 9 & 11 years old and 6 were 12 years or older. Over half of the participants were at Level I for learning how to swim. Grants Team Activity The Grants Team uses electronic means to manage grant funded projects, doing so we effectively maintain decentralized operations while enjoying the benefits of a centralized grants management system. Generally, departments will identify needs and research appropriate grants during the City budget process. On occasion, emergency funding will become available (i.e. hurricane or other disaster funding); when this occurs the Grants Coordinator will work with departments to identify appropriate projects and coordinate efforts to develop a competitive grant application. 1EAE Page 215 of 522 1r'Y201.51.2016 Annual (r°aws Repor l Grant funding forecasting is integral to the budget preparation process; a summary report was prepared for the FY 2016/2017 Budget Review Team. The summary included the project title, funding source, required City match and any associated long term Operations & Maintenance expenses. FY2016/2017 Total Anticipated Grant Awards Award Amount 17 Grant Applications $2,062,429 Match Source Match Amount General Fund (Police & Fire) $77,256 Capital Improvement Program $0 Park Impact Fees (Recreation & Parks) $200,000 Recreation Program Revenue Fund $0 Total Match $277,256 In addition to the proposed cash match, in-kind support from the General Fund totals $11,324 (Police Supervision for Victim Advocate position). Summary and Future Direction In FY2015/2016, the Grants Team utilized the Five Year Strategic Plan to conduct funding analysis to support identified goals and priorities. The team worked to secure funding to create an energetic downtown, to grow jobs and business opportunities and to provide great neighborhoods that are safe, affordable and livable. The team also worked in tandem with our lobbyist to further the adopted 2016 City of Boynton Beach Legislative Agenda, the sewer treatment plant at the beach will be replaced with a $300,000 legislative appropriation. In FY2016/2017, the Grants Team will continue to research funding opportunities to further the updated Strategic Plan. Commission agenda items and future grant reports will include information on how the funding being sought and/or awarded meets the goals for FY2016/2017. We are fortunate to have a Grants Team in Boynton Beach who consistently researches grant opportunities, has the knowledge and experience to prepare competitive grant applications and has been provided the tools and support necessary to effectively and efficiently manage multiple grant awards. Our sincere thanks to Mayor Steven Grant, Vice Mayor Mack McCray, Commissioner Joe Casello, Commissioner Justin Katz, Commissioner Christina Romelus, City Manager, Lori LaVerriere and Assistant City Managers, Tim Howard and Colin Groff, for your support. Prepared by: DC ie N4aw Debbie Majors, Grants & ADA Coordinator Attachments: FY2015/2016 Proposed and Awarded Grants -5- Page 216 of 522 E N N LO 4- 0 ti N N O1 W., N N LO 4- 0 co N N O) z3 O vl � ori O � � M r. E 6N9 ff3 69 Eoq cj v r� —Clj O U U O pbp O Q P,U v y � o v cn o �, a v cn cd C. cnv cd ct o +� cn o ' N N LO 4- 0 co N N O) 6.G. CONSENTAGENDA 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-003 -Authorize the City Manager to sign an agreement with Public Consulting Group for assistance with the Florida EMS Certified Public Expenditure Program. EXPLANATION OF REQUEST: The City provides emergency medical transport services for Medicaid patients. The reimbursement rate paid by Medicaid for Advanced Life Support (ALS) transports is $190.00 and the Basic Life Support (BLS) transports is $136.00. Supplemental payments are available only for allowable costs that are in excess of other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation services to Medicaid eligible recipients. The process for submission is complicated and best managed by billing professionals. Public Consulting Group (PCG) provides the professional experience to apply for the additional payments, PCG will retain 15% of the additional payments. An initial estimate of possible additional payments is approximately $175,000 per year, which the City would receive 85% of that or about $150,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted It is anticipated that the City will recover additional revenue for Medicaid reimbursable ambulance calls. ALTERNATIVES: Do not approve this agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 219 of 522 ATTACHMENTS: Type Description D Resolution Resolution ® PCG D Agreement PCG Agreement D Attachment City of Tamarac resolution REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/29/2016 ® 3:23 PM Finance Howard, Tim Approved 12/29/2016 ® 3:23 PM City Manager Howard, Tim Approved 12/29/2016 ® 3:23 PM Page 220 of 522 I RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE SERVICE AGREEMENT 5 BETWEEN THE CITY AND PUBLIC CONSULTING 6 GROUP; AUTHORIZING THE CITY MANAGER TO 7 SIGN THE AGREEMENT; AND PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, The City's Fire Department requires Medicaid Reimbursement 11 Consulting Services from a vendor to enroll in the Florida EMS Certified Public Expenditure 12 Program (CPE Program) and to provide ongoing consulting services for both the Florida CPE 13 and Ambulance Supplemental Payment Program (ASPP); and 14 WHEREAS, Public Consulting Group (PCG) has entered into a service agreement 15 with the City of Tamarac, Florida, who followed procurement procedures that meet or exceed 16 the procurement procedures followed by the City of Boynton Beach; and 17 WHEREAS, the City has the authority to piggy -back public contracts for goods 18 and/or services when the provider is amenable to providing the same terms and conditions to 19 the City as set forth in another public entity's contract; and 20 WHEREAS, City Staff has reviewed the PCG agreement and recommends that the 21 Commission approve the service agreement. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and 25 hereby ratified and confirmed by the City Commission. 26 Section 2. The City Commission hereby approves the Service Agreement with 27 Public Consulting Group. 28 Section 3. The City Manager is authorized to sign the agreement with Public 29 Consulting Group and to take any and all actions necessary to implement the Agreement. {00164896.1 306-9001821} Page 221 of 522 30 Section 4. All Resolutions or parts of Resolutions in conflict with this Resolution are 31 repealed to the extent of such conflict. 32 Section 5. If any clause, section, or other part or application of this Resolution shall 33 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 34 unconstitutional or invalid part or application shall be considered as eliminated and so not 35 affecting the validity of the remaining portions or applications remaining in full force and 36 effect. 37 Section 6. That this Resolution will become effective immediately upon passage. 38 39 PASSED AND ADOPTED this day of , 2017. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: 58 59 60 61 Judy Pyle, CMC 62 City Clerk 63 64 (Corporate Seal) {00164896.1 306-9001821} Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 222 of 522 AGREEMENT FOR CPE PROCESSING SERVICES CITY OF BOYNTON BEACH AND PUBLIC CONSULTING GROUP THIS AGREEMENT is made and entered into this date by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter referred to as the "CITY", and PUBLIC CONSULTING GROUP (hereinafter referred to as "VENDOR"). WHEREAS, Vendor has entered into a service agreement with the City of Tamarac, Florida (hereinafter referred to as the 'AWARDING ENTITY'). The Awarding Entity followed procurement procedures that meet or exceed the procurement procedure followed by the City. WHEREAS, AWARDING ENTITY and VENDOR agreed that other entities may utilize AWARDING ENTITY'S contract under the same pricing, terms and conditions. See Attachment A (AWARDING ENTITY'S Bid pricing); WHEREAS, the Vendor's Agreement with Awarding Entity is for an initial term which ends at midnight on November 30, 2018; and WHEREAS, the City has the authority to piggy -back public contracts for goods and/or services when the provider is amenable to providing extending the same terms and conditions to the City as set forth in another public entities contract: WHEREAS, the Vendor offers the City the same scope of services and terms of agreement as set forth in the Awarding Entities contract with Vendor. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; 1. CITY will receive Medicaid Reimbursement Consulting Services from VENDOR to enroll in the Florida EMS Certified Public Expenditure Program (CPE Program) and provide ongoing consulting and costing services for both the Florida CPE and Ambulance Supplemental Payment Program (ASPP); as CITY Purchase No: XXX; with Expiration Date of November 30, 2018. 2. All terms and conditions of Vendor's contract with Awarding Entity shall govern this Agreement between the City and Vendor with the following exceptions: a. This Agreement will be governed by Florida Law; b. Venue shall be in Palm Beach County Florida c. This Agreement is terminable by the City with 90 days' notice. 3. All revenue due the CITY from the Florida CPE and Ambulance Supplemental Payment Program shall be paid in full directly to CITY from the payer. After payment is received in full from the payer, in consideration of the professional services to be performed by VENDOR under the terms of this Contract, CITY shall pay VENDOR for services actually performed a fee of fifteen percent (15%) of the total revenue collected by the CITY from the Florida CPE and Ambulance Supplemental Payment Program. If other conditions necessitate additional services or a change in services, any increase in compensation must be authorized and funded in advance by resolution of the City Commission or, {00164803.2 306-90018211 Page 1 Page 223 of 522 where applicable, by duly authorized administrative action signed by the City Manager and approved as to form by the City Attorney. VENDOR'S charges for its services are not to exceed similar charges of VENDOR for comparable services to the Awarding Entity. Payments to VENDOR shall be in the amount shown by the billings and other documentation submitted and shall be subject to the City Manager or her designee's approval. All services shall be performed to the satisfaction of the City Manager or her designee and CITY shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by the City Manager or her designee. The final payment due under this Contract will not be paid until the required deliverables have been received in the required format and approved by the City Manager or her designee. CITY may, at its option, offset any amounts due and payable under this Contract against any debt (including taxes) lawfully due to CITY from VENDOR, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to CITY has been reduced to judgment by a court. If Contract is terminated for any reason, CITY shall pay VENDOR for any revenues that CITY receives that are attributable to VENDOR services as defined in the Contract, even if said revenues are received after termination of the contract. *funds will not be expensed until revenues are realized. 4. The Agreement shall be in full force and effect till November 30, 2018 unless sooner terminated by CITY or VENDOR; and 5. CITY will be responsible for payments directly to the VENDOR and for the VENDOR'S compliance with all conditions of delivery and quality of purchased items or services under this agreement; and 6. VENDOR shall notify CITY of any changes to the contract with AWARDING ENTITY, including but not limited to: renewals, extensions, terminations, additional/deletion of contracted items, price changes, and etc. Such notices shall be delivered to CITY at the email or mailing address shown below, unless otherwise notified in writing: City Manager 100 East Boynton Beach Blvd. Boynton Beach, Florida Following receipt of notice of changes to the Awarding Entities agreement, the City will have thirty (30) days to opt out of this Agreement. 5. By signing in the space provided, Vendor agrees to extend the price agreement contract for PEMT CPE and supplemental payment program services to CITY and to abide by all terms, conditions, and specifications in AWARDING ENTITY'S contract. SIGNATURE PAGE FOLLOWS {00164803.2 306-90018211 Page 2 Page 224 of 522 CITY OF BOYNTON BEACH, FLORIDA City Manager PUBLIC CONSULTING GROUP By: Matthew Sorrentino, Manager EXECUTED this the day of 12017. ATTEST: APPROVED AS TO FORM: {00164803.2 306-90018211 Page 3 Page 225 of 522 TR#12870 October 5, 2016 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AND EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ADVANCED DATA PROCESSING, INC. (ADPI) TO PROVIDE FOR THE ADMINISTRATION, PROCESSING AND COLLECTION OF ALL COSTS ASSOCIATED WITH TRANSPORT OF EMERGENCY MEDICAL SERVICES (EMS) PATIENTS AND MEDICAL BILLING TO INCLUDE EMS BILLING AND RELATED PROFESSIONAL SERVICES ON BEHALF OF THE CITY OF TAMARAC FIRE RESCUE DEPARTMENT FOR A PERIOD OF THREE (3) YEARS EFFECTIVE UPON EXECUTION OF THE AMENDMENT; PROVIDING FOR RENEWALS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT RENEWAL OPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Fire Rescue is required to provide basic and advanced life support services to the citizens and visitors of the City of Tamarac and to properly invoice and collect fees from the patients who utilize these services; and WHEREAS, Tamarac Fire Rescue transports an estimated 8,000 patients per year from which approximately 690 are Medicaid patients; and WHEREAS, the City Commission of the City of Tamarac awarded an Agreement for Medical Billing Services to ADPI for a five (5) year term effective October 1, 2016 through September 30, 2021 via Resolution R-2016-83 at its meeting of August 24, 2016, a copy of said resolution is on file with the City Clerk; and Page 226 of 522 TR#12870 October 5, 2016 Page 2 WHEREAS, the Agency for Healthcare Administration for the State of Florida sought Federal Authority to amend Title XIX of the Social Security Act which provides funding for the Medicaid State Plan attached here to as Exhibit I"; and WHEREAS, the amendment seeks federal authority to implement a new reimbursement methodology for certified public expenditures program for emergency medical transportation services; and WHEREAS, this program provides supplemental payments for an eligible Public Emergency Medical Transport (PEMT) entity that meets specified requirements and provides emergency medical transport service to Medicaid beneficiaries; and WHEREAS, Tamarac Fire Rescue provides emergency medical transport services to a significant number of Medicaid patients annually; and TrL'I WHEREAS, Tamarac Fire Rescue is eligible to participate in this program; WHEREAS , supplemental payments are available only for allowable costs that are in excess of other Medicaid revenue that the eligible PEMT entities received for emergency medical transportation services to Medicaid eligible recipients; and WHEREAS, ADPI has evaluated the City's Medicaid transports for calendar year 2016 and 2017 and has estimated revenue recovery of $104,242 for calendar year 2016 and $623,611 for calendar year 2017; and WHEREAS, ADPI is offering the City of Tamarac a flat fee percentage charge of 15% of the net amount collected for Medicaid accounts; and WHEREAS, ADPI has proposed Amendment "1"to the current ADPI Billing Agreement for EMS billing and related professional services attached hereto as Exhibit "2"; and Page 227 of 522 TR##12870 October 5, 2016 Page 3 WHEREAS, Amendment "1" is effective for a period of three (3) years which will coincide with the first three (3) years of the original term of five (5) years of the term of the existing Agreement, through September 30, 2019; and WHEREAS, Amendment 1 may be renewed to coincide with the final two (2) years of the ADPL Agreement through September 30, 2021, and to coincide with the additional two (2) year renewal terms available for the Agreement with ADPI, and will allow City staff the opportunity to renegotiate the terms and pricing of Amendment 1 based on the market conditions in place prior to the execution of the renewal and upon satisfactory performance and the mutual agreement of both parties; and WHEREAS, it is the recommendation of the Director of Financial Services and the Purchasing and Contracts Manager and the Fire Chief that the City Commission of the City of Tamarac approve and execute Amendment "1" to the Agreement with ADPI for three (3) year period effective upon execution of the Amendment of Services Agreement through September 30, 2019 and allowing for subsequent renewals for the period of October 1, 2019 through September 30, 2021, as well for any subsequent renewal terms based on any potential re- negotiation and upon satisfactory performance and mutual agreement of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. The Exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The appropriate City Officials are hereby authorized to approve and execute Amendment "1" to the Agreement with Advanced Data Processing, Inc. Page 228 of 522 PAT TEUFFEL, CMC CITY CLERK HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY TR#12870 October 5, 2016 Page 5 Page 229 of 522 TR#12870 - Exhibit i December 15, 2015 Ms. Jackie Glaze Associate Regional Administrator Division of Medicaid & Children's Health Centers for Medicare and Medicaid Services 61 Forsyth Street, Suite 4T20 Atlanta, Georgia 30303-8909 Dear Ms. Glaze: RICK SCOTT GOVERNOR ELIZABETH DUDEK SECRETARY Enclosed for your consideration is an amendment to our Title XIX Medicaid State Plan. The Transmittal Number is: FL SPA 2015-014 and the title is: Certified Public Expenditure Program for Emergency Medical Transportation. This amendment seeks federal authority to implement a new reimbursement methodology for a certified public expenditure program for emergency medical transportation services. This program provides supplemental payments for an eligible Public Emergency Medical Transportation (PEMT) entity that meets specified requirements and provides emergency medical transportation services to Medicaid beneficiaries. Supplemental payments provided by this program are available only for allowable costs that are in excess of other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation services to Medicaid eligible recipients. Eligible PEMT entities must provide certification to the Agency for Health Care Administration (AHCA) that they have made a total funds expenditure and that the amount claimed is eligible for federal financial participation (FFP). Thank you for your consideration of this amendment. Please contact April Cook of my staff by phone at (850) 412-4691 or by email at April. Cookaahca.myflorida.corn if you need any additional information. Sincerely, Justin M. Senior Deputy Secretary for Medicaid JMS/ac Enclosures: State Plan Documents and Forms 2727 Mahan Drive + Mail Stop #8 - Facebook.com/AHCAFlorida Tallahassee, FL 32308 - Youtube.com/AHCAFlorida AHCA.MyFlorida.com Twitter.com/AHCA_FL a SIIdeShare.net/AHCAFlorida .0OVM Page 230 of 522 DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH CARE FINANCING ADMINISTRATION FORM APPROVED DMB NO. 0938-0193 TRANSMITTAL AND NOTICE OF APPROVAL OF I. TRANSMITTAL NUMBER: 2. STATE STATE PLAN MATERIAL 2015-014 Florida FOR: HEALTH CARE FINANCING ADMINISTRATION 3, PROGRAM IDENTIFICATION: TITLE XIX OF THE SOCIAL SECURITY ACT (MEDICAID) TO: REGIONAL ADMINISTRATOR 4. PROPOSED EFFECTIVE DATE HEALTH CARE FINANCING ADMINISTRATION October 1, 2015 DEPARTMENT OF HEALTH AND HUMAN SERVICES 5. TYPE OF PLAN MATERIAL (Check One): ❑ NEW STATE PLAN ❑ AMENDMENT TO BE CONSIDERED AS NEW PLAN ® AMENDMENT COMPLETE BLOCKS 6 T14RU 10 IF THIS IS AN AMENDMENT Se arate Transmittal far each amendment) 6. FEDERAL STATUTEIREGULATION CITATION: 7, FEDERAL BUDGET IMPACT: (in thousands) 42 CFR 431.53 FFY 2015-2016 $15,000 FEY 2016-2017 $15,000 8. PAGE NUMBER OF THE PLAN SECTION OR ATTACHMENT: 9. PAGE NUMBER OF THE SUPERSEDED PLAN SECTION New: page 34a -34b of 4.19-B OR ATTACHMENT (TfApplicable): 10. SUBJECT OF AMENDMENT: Certified Public Expenditure Program for Emergency Transportation. 11. GOVERNOR'S REVIEW (Check One): ❑ GOVERNOR'S OFFICE REPORTED NO COMMENT ® OTHER, AS SPECIFIED: ❑ COMMENTS OF GOVERNOR'S OFFICE ENCLOSED Reviewed by the Deputy Secretary for Medicaid ❑ NO REPLY RECEIVED W IWIN 45 DAYS OF SUBMITTAL who is the Governor's designee. 12. SIGNATUREi9 STT G, lNCY OFFICIAL: 16. RETURN TO: Mr" Justin M. Senior Deputy Secretary for Medicaid 13. TYPED NAME: Mr. Justin M. Senior Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #8 14. TITLE: Tallahassee, FL 3230$ De u Secretary for Medicaid Attention: April Cook 15. DATE SUBMITTED: i�15-15 FOR REGIONAL OFFICE USE ONLY 17. DATE RECEIVED: 18. DATE APPROVED: PIAN APPROVED — ONE COPY ATTACHED 19. EFFECTIVE DATE OF APPROVED MATERIAL: 20. SIGNATURE OF REGIONAL OFFICIAL: 21. TYPED NAME: 22. TITLE: 23. REMARKS: FORM HCFA -179 (07-92) Page 231 of 522 Attachment 4.19.13 SUPPLEMENTAL PAYMENT FOR PUBLICLY OWNED OR OPERATED EMERGENCY MEDICAL TRANSPORTATION PROVIDERS This program provides supplemental payments for an eligible Public Emergency Medical Transportation (PEMT) entity that meets specified requirements and provides emergency medical transportation services to Medicaid beneficiaries. Supplemental payments provided by this program are available only for allowable costs that are in excess of other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation services to Medicaid eligible recipients, Eligible PEMT entities must provide certification to the Agency for Health Care Administration (ANCA) that they have made a total funds expenditure and that the amount claimed is eligible for federal financial participation (FFP). Supplemental payments will be made annually on a State Fiscal Year (SFY) schedule in a lump - sum basis after the conclusion of the subject SFY but prior to the end of certified forward period, September 30. Payments will not be paid as individual increases to current reimbursement rates for specific services. This supplemental payment program will be in effect beginning October 1, 2015 A. Definition of a Public Emergency Medical Transportation (PEMT) Entity: A PEMT entity is determined eligible if it is a county, a city, a healthcare district or Public Universities in Florida and provides emergency medical transportation services for Medicaid beneficiaries. B. Supplemental Payment Methodology: Supplemental payments provided by this program to an eligible PEMT entity will consist of FFP for Medicaid uncompensated emergency medical transportation costs based on the difference between the Medicaid reimbursement amount and the providers actual cost for providing emergency medical transportation services to eligible Medicaid recipients. The supplemental payment methodology is as follows: 1. As described in Section C, the expenditures certified by the eligible PEMT entity to the State will represent the payment eligible for FFP. Allowable certified public expenditures will determine the amount of FFP claimed. 2. In no instance will the amount certified pursuant to paragraph C.1, when combined with the amount received for emergency medical transportation services pursuant to any other provision of this State Plan or any Medicaid waiver granted by the Centers for Medicare and Medicaid Services exceed 100 percent of the allowable costs for such emergency medical transportation services. 34a Amendment: 2015-014 Effective: 10/01/15 Supersedes: New Approved: Page 232 of 522 Attachment 4.19-13 SUPPLEMENTAL PAYMENT FOR PUBLICLY OWNED OR OPERATED EMERGENCY MEDICAL TRANSPORTATION PROVIDERS 3. Pursuant to paragraph C.1, the eligible PEMT entity will certify to ANCA, on an annual basis, the amount of its eligible uncompensated costs for providing emergency medical transportation services for Medicaid beneficiaries. The supplemental Medicaid reimbursement received pursuant to this segment of the State Plan will be distributed in one annual lump -sum payment after submission of such annual certification. 4. Emergency medical transportation service costs for the subject year that are certified pursuant to paragraph C,9 will be computed in a manner consistent with Medicaid cost principles regarding allowable costs, and will only include costs that satisfy applicable Medicaid requirements. C. Responsibilities and Reporting Requirements of the eligible PEMT Entity: An eligible PEMT enti y roust do all of the following: 1. Certify that the claimed expenditures for emergency medical transportation services made by the eligible PNMT entity are eligible for FFP. 2. Provide evidence supporting the certification as specified by ANCA. 3. Submit data as specified by AHCA to determine the appropriate amounts to claim as expenditures qualifying for FFP. 4. Keep, maintain and have readily retrievable, any records required by AHCA or the Centers for Medicare and Medicaid Services. D. AHCA's Responsibilities: ARCA will submit claims for FFP for the expenditures for services that are allowable expenditures under federal law. 2. ANCA will, on an annual basis, submit any necessary materials to the federal government to provide assurances that FFP will include only those expenditures that are allowable under federal law. 34b Amendment: 2015-014 Effective: 10/01/15 Supersedes: New Approved: Page 233 of 522 . @ a @ cn � 0 CD a w U O C iD C W ,C Q O m � ri w d� 0 1 w a 3 Go CDm ' 0 0 Ln (D C C] -n Ul 4h 0 g M 0 co' CL c -Arm-la, *1 I• h m Page 234 of 522 F0.0m: FL-Rules@dos,state.f1. us Sent: Friday, September 25, 2015 2:36 PM To: Cook, April Subject: Submit Notice in FAR You have successfully submitted a notice for publication in the Florida Administrative Register on 9/25/2015 2:35:38 PM. Department: Agency for Health Care Administration Organization: Medicaid Notice type: Miscellaneous Issue: 41/188 Once this notice is published you MI be able to view it by clicking the following link: htt www.FLRules.or atewa View Notice.as lid=7.6535219 You may contact the Florida Administrative Register office at (850)245-6270 for additional information. @ItsWorkingFL: htt s: twitter.com ItsbVorkin FL The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to www.fla500.com. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey: hitp://survey.dos,state.fl.us/index.aspx?email= Page 235 of 522 Miscellaneous AGENCY Y 3=OR HEALTH CARE ADMINISTRATION' [Medicaid State Plan Amendment The Agency for Health Care Administration (Agency) will be requesting an amendment to the Florida Medicaid State Flan. The 2015 General Appropriations Act (GAA) directed the Agency to implement a certified public expenditure program for emergency medical services. The Agency will be seeking federal authority to implement a new reimbursement methodology to provide supplemental payments for emergency ground and air ambulance transportation services furnished by government or publicly owned and operated ambulance providers enrolled in Florida Medicaid. Interested parties may contact the following staff for further information: Derica Smith, Bureau of Medicaid Policy, 2727 Mahan ©rive, Mail Stop 20, Tallahassee, Florida 32308-5407, telephone: 850-412-4239, e-mail: Derica.smith(CDahca.m florida.com. Page 236 of 522 October 23, 2015 Ms. Connie Whidden, MSW Health Director Seminole Tribe of Florida 3006 Josie Billie Avenue Hollywood, FL 33024 Dear Ms. Whidden: RICK SCOTT GOVERNOR EUZABE T H DUDEK SECRETARY The purpose of this letter is to inform you that the Agency for Health Care Administration (Agency) intends to submit an amendment to the Title XIX Florida Medicaid State Plan to the Centers for Medicare and Medicaid Services (CIVIS). This amendment will seek to implement a certified public expenditure program for emergency transportation services. The Agency will be pursuing federal authority to implement a new reimbursement methodology to provide supplemental payments for emergency ground and air ambulance transportation services furnished by government or publicly owned and operated ambulance providers enrolled in Florida Medicaid. It you would like to make any comments or need additional information, please contact April Cook of my staff by phone at (850) 412-4691 or by e-mail at �pril.Co€ k ahca.(jn orida.corn, it we don't receive any response from you within 30 days, Florida Medicaid will proceed with the submission to CIMS. Sincerely, r Justin M. eniar Deputy Secretary for Medicaid JMS/ac cc: Kathy Wilson, Seminole Health Department 2727 Mahan Drive v Mail Stop #8 Facebook.com/AHCAFIorida Tallahassee, FL 32308 l' ' y Youtube.com/AHCAFIorida AHCA.MyFlorida.com - �° Twitter. COm/AHCA_FL SlideShare.net/AHCAFIorida Page 237 of 522 October 23, 2015 Ms. Cassandra Osceola Health Director Miccosukee Tribe of Indians of Florida P.O. Box 440021, Tamiami Station Miami, Flv 33144 Dear Ms. Osceola: RICK SCOTT GOVERNOR ELIZABETH DUDEK SECRETARY The purpose of this letter is to inform you that the Agency for Health Care Administration (Agency) intends to submit an amendment to the Title XIX Florida Medicaid State Plan to the Centers for Medicare and Medicaid Services (CMS). This amendment will seek to implement a certified public expenditure program for emergency transportation services. The Agency will be pursuing federal authority to implement a new reimbursement methodology to provide supplemental payments for emergency ground and air ambulance transportation services furnished by government or publicly owned and operated ambulance providers enrolled in Florida Medicaid. If you would like to make any comments or need additional information, please contact April Cook of my staff by phone at (850) 412-4691 or by e-mail at;p; �;aak al3cr rnSrilorida corn. If we don't receive any response frorn you within 30 days, Florida Medicaid will proceed with the submission to CMS. Sincerely, 1;L stin M Senior Deputy Secretary for Medicaid JMSIac cc: Denise Ward. Miccosukee Health Department 2727 Mahan Drive a Mail Stop #8 = - _ fi` Facebook.com/AHCAFIorida Tallahassee, FL 32308 - Youtube.com/AHCAFIorida AHCA. MyFlorida.com i Twitter.com/AHCA_FL ;• SIideShare.net/AH CAF lorida s ��a rve Page 238 of 522 TR#12870 - Exhibit 2 AMENDMENT NO. 1 TO AGREEENT FOR MEDICAL BILLING SERVICES FOR FIRE RESCFIE THIS AMENDMENT NO. 1 (the "Supplement") is made and entered into this II"' day of October, 2016 (the "Effective Date") by and between City of Tamarac, a municipal corporation of the State of Florida ("City") and Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation, a Delaware corporation ("Contractor"). WHEf2EAS, City and Contractor entered into an Agreement for Medical Billing Services for Fire Rescue, effective October 1, 2016 (the "Agreement"); and H -WE EAS, City has requested and Contractor agrees to provide consulting services to City to enroll in the Florida EMS PEMT (Public Emergency Medical Transports) Medicaid program, and provide ongoing consutting/costing services for both the Florida CPE (Certified Public Expenditures) PEMT and the proposed IGT (Intergovernmental Transfer) PEMT which includes Medicaid managed care transports revenue programs (the "Consulting Services") for a term of three (3) years fi-oin the Effective Date. NOW THEREFORE, City and Contractor agree to amend the Agreement as follows: 1. New Exhibit 2 (CPE-ASPP Program Scope of Consulting Services and Revenue Recognition Process) and new Exhibit 2-A (fees) attached herewith are hereby added to the Agreement. 2. Capitalized terms not otherwise defined in this Supplement shall have the meanings ascribed to such terins in the Agreement. All teens and conditions of the Agreement are hereby ratified and shall remain in full force and effect except to the extent this ,Supplement expressly modifies or is inconsistent with the terms and conditions of the Agreement, in which case the terms of this Supplement shal l be controlling. IN WITNESS OF, the parties have executed this Supplement to the above -referenced Agreement effective as of the Effective Date. CITY: CITY OF TAMARAC By: Name: Title: ATTEST: City Clerk APPROVED AS TO FORM AND CONTENT: City Attorney CONTRACTOR: ADVANCED DATA PROCESSING, INC. a SUBSIDIARTY OF INTERMEDIX CORPORATION, a DELAWARE CORP0 TION By: Name:�((i Title: 41(j ( L,-:�— Page 239 of 522 Exhibit 2 Description of Consulting Services and Revenue Recognition Process o Term of Consulting Services: Three (3) years fi-orn Amendment [lo. I Effective Date. • Drafting application materials and responding to requests for additional information necessary for the provider to gain approval to participate in the Ambulance Supplemental Payment Programs. • Preparing a fiscal impact study and presenting results to department/state stakeholders to demonstrate benefits of a Continuing Public Expenditure ("CPE") Program, Medicaid Managed Care supplemental payment, and uninsured CPE (if applicable) program to the provider. a Identifying eligible costs and developing appropriate cost allocation methodologies to report only allowable costs for providing emergency medical services to Medicaid and, as applicable, uninsured populations. 0 Preparing the annual Medicaid cost report for EMS on behalf of provider. Conducting analysis of the provider's financial and billing data in order to prepare and submit armttal cast reports, the mechanism for providers to receive additional revenue under Ambulance Supplemental Payment Programs. i Providurg comprehensive desk review support, including but not limited to conducting reviews of all cost settlement files, performing detailed analysis of billing reports generated by Medicaid agencies to ensure that all allowable charges and payments are encompassed in the calculation of the final settlement, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite settlement. • Performing relevant analysis to determine a viable Medicaid managed care supplemental payment methodology. C Executing Medicaid managed care supplemental payment calenlatiorrs in adherence with the approved methodology. o Determining enhanced supplemental payments realized by provider, as necessary. B Conducting comparative analysis to identify significant trends in billing and financial data. Providing charge master review to ensure that the provider- is optimizing charges to drive revenue generation. Meeting with the Florida Agency fol• Health Care Administration (AHCA) and City to further develop the supplemental payments program for both Medicaid managed care and uninsured patient transports. • Respond to, and represent City on any AHCA or CMS audit, review ar communication regarding any PEMT cost report prepared by Contractor and delivered to AHCA on behalf of the City. PAGE 2 Page 240 of 522 Appendix 2-A FEES All revenue realized by the City from the Certified Public Expenditure (CPE) Prog'ain for Emergency ]Medical Services and Medicaid Managed Care Supplemental Payment Program shall be paid in full directly to City. Revenue realized as a result of the Certified Public Expenditures (CPE) for Emergency Medical Services (ElvlS) shall be determined by the Medicaid cost settlement determined through the Medicaid cost report. Revenues realized through the Medicaid Managed Care Supplemental Payment Program will be defined through an amendment to Fourth Modification of the Agreement upon the approval of the specific methodology successfuliy implemented by Contractor and City. Contractor will not receive any compensation until the CPE for Emergency Medical Services settlement or Medicaid Managed Care Supplernenta] Payment revenues are received by the City. Contractor will invoice and receive revenue upon the receipt of revenue received by City for either initiative, meaning revenue does not have to be generated for both the CPE for Emergency Medical Services and the Medicaid Managed Care Suppieniental Payment program, rather revenue simply needs to be generated for either initiative to allow the Contractor to generate invoices. Contt•actor will invoice City based on the final CPE far Emergency Medical Services settlement or Medicaid Managed Care Supplemental payments within thirty (3 0) days of receipt of funds by the City. City will remit payment to Contractor within thirty (30) days of invoice receipt. Additional revenues generated for the uninsured patient population, will also be invoiced within thirty (30) days of receipt of revenues by the City. The contingency fees to be paid associated with the respective successful implementation and generation of incremental Medicaid revenues as a result of the CPE for 1tnergency Medical Services and Medicaid Managed Care Supplemental Payment programs are fifteen percent 15% of City revenues. PAGE 3 Page 241 of 522 6. H. CONSENTAGENDA 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on December 19, 2016. EXPLANATION OF REQUEST: The City Commission met on December 19, 2016 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 12-19-16 Action Approved Date 10/19/2016 - 3:06 PM Page 242 of 522 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON MONDAY DECEMBER 19, 2016, AT 6:30 P.M. IN COMMISSION CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Mack McCray. Vice Mayor Joe Casello, Commissioner Justin Katz, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Invocation by Woodrow Hay, Police Chaplain Chaplain Hay gave the invocation. Presentation of Flags by Boynton Beach High School ROTC (Rescheduled to January 17, 2017) Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Comments by Fred Barch, Principal of Boynton Beach Community High School. (Rescheduled to January 17, 2017) ROLL CALL City Clerk Pyle call the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Page 243 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Commissioner Katz added New Business Item D, a brief comment regarding the Quantum Park Overlay Dependent District. Mayor Grant moved Item 3.C. Sister Cities, to Section 5 as Item B. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz thanked the City Commission for adjusting the meeting schedule to hold the meeting on Monday. This week he attended the Boynton Beach Chamber of Commerce luncheon at Benvenuto's to see what local businesses have to offer. Vice Mayor McCray attended the Chamber of Commerce Christmas party and had no disclosures Mayor Grant discussed traffic cameras with ATS and they have new ideas for the cameras including an automated license plate reader and live feeds for the Police Department. He spoke at the Pearl Harbor Remembrance Ceremony, toured Public Works and attended the Firefighters' Holiday Dinner. On the 8th and 9th, he attended the Florida League of Cities meeting in Orlando for the Growth Management and Legislative Policy Committee and they are focusing on CRAs and impact fees. He also attended the Boat Parade, the Metropolitan Planning Organization meeting on the 12tH and the INCA Holiday Party. He met with Coach Eric Lowe on the 13th to discuss greater City and Boynton Beach Community High School involvement, the Palm Beach League of Cities Districts 2 and 3 Luncheon, and the Boynton Beach Chamber of Commerce holiday luncheon. He praised the Dimensional Harmony Choir. He attended the Quantum Park Overlay Development District Board of Director's meeting, the BIG Happy Hour and Freedom Boat Club opening. He attended a retirement party for Pat Sholos on the 16th, attended Music on the Rocks, the Parks and Recreation Breakfast with Santa, and attended Tailor Made Men at the RM Lee Center. He attended the Saltwater Brewery third anniversary and Connect with Greatness, a new non-profit in the area, the Boynton Beach Arts District and the Green Market at the 2 Page 244 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Boynton Beach Mall. He attended the Gold Coast Band Winter Concert and announced their next concert is February 19tH Commissioner Romelus attended the Firefighters Holiday Dinner and the Boat Parade. She thanked the St. John Missionary Baptist Church parishioners and Pastor Davis for their contributions to the Haiti Relief Fund and offered condolences to the family of Officer Joe Crowder and to the Police Department for their loss. She offered her assistance to them if needed. She thanked Chief Katz and the Department for lending a helping hand to the family. Commissioner Casello also sent condolences to Chief Katz and the Police Department on the loss of Officer Crowder and advised he would proudly participate in the Department's send off. He attended the Coalition of Boynton West Residential Association meeting, the Firefighter Holiday Dinner and was a judge at the Holiday Boat Parade. He will attend a Sober Home Task Force meeting tomorrow with the State Attorney who is drafting legislation to address the matter. He commented there have been some improvements and he praised Chief Katz for his efforts. He announced volunteers were needed January 28th for a Farm Share being held in partnership with Representative Lori Berman, between 9 a.m. and 1 p.m. Volunteers would start around 7 a.m. and finish around 1 p.m. Any help would be appreciated. He also thanked the St. John Missionary Baptist Church for the use of the lot next to the church for the food give-away. Chief Katz advised the viewing for Officer Crowder will take place on Thursday from 6 p.m. to 8 p.m. at St. John Missionary Baptist Church and the funeral will take place on Friday at 10 a.m. The Police Department will hold a memorial on January 5th. More information would be forthcoming. Vice Mayor McCray noted the funeral will also be at the church. Chief Katz appreciated the support for Office Crowder. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation to the Holiday Parade award winners by Mayor Grant. The awards to be presented are the Most Outstanding Float, Best Performance by a Marching Band, Best Marching Unit and Most Creative/Original. Wally Majors, Director, Recreation and Parks, was present with Stephanie Soplop, Special Events, who displayed pictures of the parade winners and announced them as follows: • Most Outstanding Float - Delray Medical Center • Best Marching Unit - DeVoss Blum Family YMCA. • Most Creative and Original Float - Forest Park Elementary School. • Best Performance by a Marching Band - Inlet Grove Drum Line. 3 Page 245 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Representatives from each organization were present for photo opportunities. Vice Mayor McCray thanked Mr. Majors and Mary DeGraffenreidt, Manager, Events and Programs, for her tireless work. He noted she was not present due to a funeral. Mayor Grant applauded all who attended and participated. B. Presentation by City Clerk staff about departmental operations. City Clerk Pyle introduced her staff as Tammy Stanzione, Specialized Assistant, Catherine Cherry, Minutes Specialist, and Shayla Ellis, Records Coordinator, who was unable to be present. City Clerk Pyle explained the Clerk's Office is the hub of local government, interacting with all other departments and serving as a link to the public. Departmental functions include processing contracts and agreements, sales of cemetery lots and scheduling burials, incoming and outgoing mail, assisting internal and external customers, providing minutes for Commission and advisory board meetings, posting meeting notices, sending records to the County for recording, submitting legal ads, certifying records on request, handling solicitation permits and answering many questions. The Department also handles nuisance abatements, lot mowing liens, notice to owners and entering liens and releasing them when paid in full. The Codification of Ordinances is an unfunded mandate. The Records Management program tracks records gathered from all the departments, either stored, documented, or destroyed per State retention schedules. The Clerk is the keeper of the City Seal and the Clerk administer Loyalty Oaths to all employees and signs off on Alive and Well statements from residents receiving pensions from foreign countries. The Clerk's Office schedules all advisory board meetings, handles appointments, maintains the board lists, provides a recording secretary and the minutes for all public meetings and tracks ethics training for the board members. The Clerk acts as a Supervisor of Elections for municipal elections and functions in a ministerial capacity by working with the candidates, establishing and preparing polling locations, hiring poll workers, scheduling their training, delivering the ballots to the tallying location and sitting on the canvassing board on Election Day. Three software programs are used in the Clerk's office, one is to track public records requests, another to conduct title lien searches and a third to prepare the Commission agenda. WebQA is a new program which provides the public online access to submit and receive record requests and allow the City Clerk's office to monitor requests to ensure compliance with Public Record Laws. Net Assets is another software program used to provide information on monies owed to the City for reimbursement at real estate closings. The Clerk's Office uses NOVUS Agenda to create the City Commission agenda. All departments submit agenda items for approval using a workflow that brings all materials together to prepare the final agenda with backup materials to present to the Commission and the public at meetings. 0 Page 246 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Tammy Stanzione, Specialized Assistant, gave statistics for last fiscal year. There were 731 agenda items and over 14,000 agenda pages. The City Commission agenda is published twice per month and she explained the various sections of the agenda. It takes two weeks to put the agenda together, which requires approval by the City Commission before being published and available to the City Commission and the public. There are over 186 meetings per year and over 2,000 pages of minutes. The Clerk's office prepares and distributes minutes for 15 advisory boards. There were 745 recorded pages comprised of ordinances, resolutions, easements, abandonments, Code Enforcement liens and release of liens. There were 3,276 inside and 1,700 outside lien searches done by title companies. The Clerk's office sold 55 cemetery plots and scheduled 136 burials. There were 3,283 public record requests this year; 2,600 were for the Police Department and 644 were general public requests. Per State regulations, 665 cubic feet of records were destroyed this year; 22 ordinances were codified and 171 resolutions were approved by the City Commission and archived as part of the City's history. Future projects, in addition to continuing State mandates, include updating and verification of cemetery records for mappings, automate the Advisory Board process and enhancing the use of existing software programs throughout all City offices. Commissioner Casello commended the Department on a great job. Mayor Grant congratulated City Clerk Pyle on her new position as City Clerk. Vice Mayor McCray appreciated the Department handling ethics as he completed a 12 -hour ethic class from Palm Beach State College. C. Jeanne Heavilin, President of the Greater Boynton Beach Sister Cities has requested to discuss the possibility of a Sister City relationship with Rauma, Finland. This item was addressed later in the meeting. D. City offices will be closed on Friday, December 23rd and Monday, December 26th in observance of the Christmas holiday. City offices will also be closed on Monday, January 2, 2017 in observance of New Year's Day. Mayor Grant announced the closing of City Hall for the above dates. 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 Page 247 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Vice Mayor McCray requested Fire Chief Joseph introduce the new Deputy Fire Chief, Latosha Clemons. Ms. Clemons was excited and humbled to be elevated to her new position. She advised she was born in Boynton Beach and started with the City in 1992. She worked in Recreation and Parks with the Latch Key program. She transferred to the Fire Department in 1996 and has been there for 20 years. She thanked all and was looking forward to upholding the City and the Fire Department's mission. Judy Cloutier, 709 SW 1St Court, thanked Commissioner Romelus for her help regarding an issue with a neighbor and a bon fire. Ramona Young, 9966 Boynton Gardens Way, lives just over the City boundary and advised she will soon be moving into the City as she does almost everything in Boynton Beach, including attending St. John Missionary Baptist Church. She advised she was unaware of Commissioner Romelus' relief efforts for Haiti and had a rack of clothes she was trying to send. Commissioner Romelus requested Ms. Young contact her after the meeting. Ms. Young also noted the City does not have a produce store that is reasonably priced for residents. She commented Farmers Markets are expensive and she requested the City consider approaching the Boys, C & D Produce in Lake Worth or Maria's Produce to have a small extension in Boynton Beach because people need fresh fruits and vegetables. It is a healthier lifestyle and a better choice Peggy LaGuerre, 328 SW 7th Avenue, thanked the City Commission for the appointment to the Education and Youth Advisory Board. She looked forward to serving. Herb Suss, 1711 Woodfern Drive, wished all a Merry Christmas, Happy Kwanza, and a Happy Hanukah. He explained he has previously discussed climate change and the need to raise awareness. He commented Mara Lago is going to experience rising sea levels. He noted the President Elect's nominee to the Environmental Protection Agency does not believe in climate change and wants to close it down, as do other Cabinet appointments. He commented Mayor Grant can get together with other mayors in the country as the job of a mayor is to protect their citizens from health problems that may be caused by climate change. He opined citizens need to contact their representatives and stay apprised of what is occurring. He commented what was occurring was reminiscent of what occurred in Germany. He requested the Mayor take this under advisement and that he protect the citizens of the City. Commissioner Romelus thanked Mr. Suss for his updates and advised she attended a legislative preview with State representatives. They were talking about climate change and she agreed it is important for citizens to be diligent and ensure State representatives are accountable. No one else coming forward, Public Audience was closed. 0 Page 248 of 522 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2016 Commissioner Romelus moved to amend the agenda moving item 12.13 to Item 5.C. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Regs and 2 Alts (No Applicants) Building Board of Adjustments & Appeals: 4 Regs and 2 Alts Motion Commissioner Romelus moved to nominate Roberta Mann as a regular for the Building Board of Adjustment and Appeals and Roger Zona would remain as a regular member. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Education and Youth Advisory Bd: 1 Reg, 1 Stu and 1 Stu NN Motion Vice Mayor McCray moved to nominate Greg Murphy as a regular member, Commissioner Katz seconded the motion. Vote The motion unanimously passed. r� Page 249 of 522 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2016 Commissioner Katz moved to nominate Alana Thomas. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Library Bd: 3 Regs and 2 Alts Motion Vice Mayor McCray moved to nominate Tracey Tebo. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Recreation & Parks Bd: 1 Alt Motion Commissioner Katz moved to nominate Elizabeth Pierce -Roe as an alternate. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Senior Advisory Bd: 3 Regs and 2 Alts (No Applicants) C. Jeanne Heavilin, President of the Greater Boynton Beach Sister Cities has requested to discuss the possibility of a Sister City relationship with Rauma, Finland. Jeanne Heavilin, President, Sister Cities, thanked the City Commission and Commissioner Romelus for taking the lead in the Haiti Relief Fund, as Les Cayes was impacted by Hurricane Matthew and the City's donations of goods and money are greatly appreciated. 0 Page 250 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Ms. Heavilin explained a Sister City relationship is long-term partnership between two cities in two different countries. It is recognized after the highest elected officer of each City signs off on an agreement as required by Sister Cities International. These relationships allow cities to form connections between communities that are beneficial and address issues that are most relevant to the two cities. In June, six Sister City representatives travelled unofficially to Finland and after meeting with the Mayor and City officials, decided it would be a great fit. She introduced Peter Makila, Honorary Consul to Finland and Elsie Jaehn, Sister Cities Finnish Chair. Mr. Makila explained there are about 26,000 Finnish people in Florida and Palm Beach County has 10,000 to 12,000 of them. Over 3,000 real estate tax bills are sent from Palm Beach County to Finnish addresses. He commented it can be counted as 6,000 residents, exclusive of the snowbirds coming from the north and Canada, totaling about 2,000 Finnish individuals, come to Palm Beach County. Lake Worth and Lantana in the1960s was known as a Finnish City, but now it drifted south towards Boynton Beach. They have been working, over the last six or seven years, on this issue, visiting several cities and mayors, and Rauma is the best fit. The delegation was very well received in Rauma. In 2017, Finland is celebrating its 100 years of independence from Russia and planning many events in Palm Beach County. He hoped this will take place when the speaker of the Parliament and members of the Parliament visit in February. Elsie Jaehn explained she is a first generation American of German Heritage and through her partner, a native Finn, has been to Finland 14 times. Ms. Jaehn explained on their visit to Rauma last June, the mayor and staff were very hospitable. She had maps showing the location of the City and explained Rauma was founded in 1442 while occupied by the Swedes. In 1550, the King of Sweden decided to create a new city called Helsinki and he moved residents from Rauma and other cities there and then sent them back to Rauma 10 years later. In 1713, Peter the Great invaded Finland, fought with the Swedes and then Russia took over until 1917. In present day, Rauma was reinventing itself with an influx of new industry as they were previously mainly shipbuilders. Rolls Royce introduced a facility for propeller projects and UPM is a lumber firm that issues coated and non -coated magazine paper. Their newest innovation is creating floating islands they are towing to Dubai. Photographs of the mayor of Rauma and others were viewed. She explained Finns vacation in July, many to their summer cottages The Finnish education system is well respected, and the relationship with Rauma may benefit all, including Qufu and Les Cayes. Ms. Jaehn noted Rauma and South Florida has had a diversity of immigrants for decades. She thought Rauma could be of benefit to Boynton Beach regarding the influx of new immigrants from the Middle East. They have a music Institute for people of all ages. The Rauma Youth Band was at the University of Georgia in 2014 to perform and take classes. She was aware the Boynton 9 Page 251 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Beach Dimensional Harmony Chorus was internationally acclaimed and expressed the two cities have a lot to share. The Secretary of Parliament is expected to be here in February for the anniversary of Finnish independence and she would like to invite Mayor Kari Koski to head a delegation to come to Boynton Beach to sign an agreement and begin discussions about programs that would benefit both cities. She requested approval to proceed to initiate a new Sister Cities agreement Mayor Grant commented he attended the Sister Cities international event and wanted the City to be known for good things. Commissioner Casello asked if there was a cost involved and learned there was no cost. Ms. Heavilin advised they pay dues to Sister Cities International which is the same amount regardless of how many sister cities they have. Travel is covered by the participants. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Commissioner Katz had no objections, but wanted to ensure when City officials go overseas, it must be paid for out of pocket. He did not favor elected officials using business trips as a vacation. Ms. Heavilin advised when they take trips, it is a lot of work. Mayor Grant agreed it should not be taxpayer dollars. Vote The motion unanimously passed. Ms. Heavilin will provide a template for Mayor Grant to issue a letter of invitation to Rauma. Commissioner Romelus announced she was a Sister Cities Board Member and it was an honor serving with Ms. Heavilin. She loved the art exchanges and bringing of cultures together. Ms. Heavilin commented they will begin work next week with electronic exchange with students in Haiti, China, Finland and Boynton Beach High school students. B. Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to the 211 Help Line, a non-profit organization. (TABLED ON 12/6/9 6) 10 Page 252 of 522 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2016 Vice Mayor McCray moved to remove from the table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Sharon L'Herrou, CEO, 2-1-1 Help Line, thanked the Mayor for his visit to their facility and invited all to see her staff in action. She commented the organization is important because they are a helpline and hot line that has responded to over 100,000 requests for help; 5,000 of which came from Boynton Beach. Calls range from child behavior, to suspected drug abuse or mom's memory loss. They service a five -county regional area. They have a list of about 4,000 services and they listen and assist. They staff the County's Rape and Violent Crime Hotline and National Suicide Hotline for local callers. Staff is trained to listen and de-escalate. It is important to get information out to every resident that they are available every day around the clock. Individuals can call the hotline, go online and chat and now they can text 898211. They are trying to be available in a variety of ways and want to work more closely to expand outreach efforts. She left information and advised she is available to answer questions. Mayor Grant advised he first heard of 2-1-1 from the Sunshine program that conducts well -checks for the elderly, noting for some people, it is the only call they get every day. If they do not answer the phone, volunteers send help and every year they save a few lives. The call center is in Lantana and has about 30 volunteers. There is some professional staff as they have to be accredited National Suicide Hotline's best practice standards and be accredited by the American Association of Suicidology. There is 100 hours of pre -service training before anyone can answer the phone independently and each year they have in-service training and quality monitoring for someone to score. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 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 11 Page 253 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 all of the accompanying material to become a part of the Public Record and subject to staff comments Motion Commissioner Katz moved to approve the Consent Agenda. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. A. Authorize, by three separate resolutions, the City Manager to sign and execute three, one year agreements, each with two, one-year renewals for American Sign Language interpreting services beginning on January 1, 2017 and ending on December 31, 2017 to be used on a "AS NEEDED BASIS". PROPOSED RESOLUTION NO. R16-166 - Gulfstream Goodwill Industries Deaf Services of West Palm Beach, FL; PROPOSED RESOLUTION NO. R16-167 - The WAG Group of West Palm Beach, FL; and PROPOSED RESOLUTION NO. R16-168 - Nationwide Interpreter Resource, Inc. of Boca Raton, FL B. PROPOSED RESOLUTION NO. R16-169 - Approve and authorize signing of an Agreement for Water Service outside the City limits with 4730 Hypoluxo Road LLC for property at 4730 Hypoluxo Road, Lake Worth, FL 33463 C. PROPOSED RESOLUTION NO. R16-170 - Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Matthew between the City of Boynton Beach and State of Florida, Division of Emergency Management. D. PROPOSED RESOLUTION NO. R16-171 - Authorize the City Manager or designee to sign documents related to the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. for one (1) outdoor advertising structure with two (2) electronic changeable sign faces, "LED" in order for the City to submit advertising requests for the electronic changeable sign faces. E. PROPOSED RESOLUTION NO. R16-172 - Authorize the City Manager to sign a Contract with Vazza Cleaning Corporation of Royal Palm Beach, FL for a 12 Page 254 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 two year period in the amount of $2,004.05 per month/$24,048.60 annual as a result of the Bid for "A Two Year Contract for Janitorial Services for the Utilities Department", Bid No. 001-2821-17/JMA. F. PROPOSED RESOLUTION NO. R16-173 - Authorize the City Manager to sign an agreement with CPH, Inc., for professional engineering services in preparing a Design Criteria Package for the construction of a new water quality laboratory facility, in the amount of $56,265.00. This is in accordance with the General Consulting Services, under Scope Category D, RFQ 017-2821-14/DJL approved by City Commission on July 1, 2014. G. PROPOSED RESOLUTION NO. R16-174 - Approve Budget Amendment for the Park & Rec Facilities Fund for the FY 2016-17 budget, increasing the appropriated budget from $209,020 to $231,020, which will adjust budgeted appropriations, revenue sources and provide spending authority for anticipated expenditure of $22,000 for purchase and installation of the Sway Fun Public Art Wall at Barrier Free Park. H. PROPOSED RESOLUTION NO. R16-175 - Amend the FY 2016-2017 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for current and prior year Adopted Capital Improvement Projects. 1. PROPOSED RESOLUTION NO. R16-176 - Approve the temporary road closure of the intersection of W Boynton Beach Blvd and N Seacrest Blvd on Saturday, January 7, 2017 for the annual Martin Luther King Jr. Parade, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. J. PROPOSED RESOLUTION NO. R16-177 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. K. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ending September 30, 2016 (unaudited). L. Approve Change Order No. 5 to Purchase Order #130850 to Rohl Networks, LP in the amount of $31,613 for the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL, increasing the purchase order from $276,313.56 to $307,926.56. M. Motion to approve an increase in the amount of $17,000 to blanket purchase order #170432 for Boynton Chevron for a total of $40,500.00 for off-site fueling of City fleet. 13 Page 255 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 N. Approve utilizing the State of Florida Contract number 43211500-WSCA- 15-ACS with Dell Marketing LP of Round Rock, TX for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998. O. Approve the release of surety for the project known as Walmart Neighborhood Market #2396-00 at the intersection of Military Trail and Coconut Lane, and authorize returning the performance bond in the amount of $253,957 to Hawkins Construction, Inc. P. Legal expenses - October 2016 - Information at the request of the Commission. No action required. Q. 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 December 19, 2016 - "Request for Extensions and/or Piggybacks". R. Accept the written report to the Commission for purchases over $10,000 for the month of November 2016. S. Approve the minutes from the Regular City Commission meeting held on December 6, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Xylem Water Solutions USA, Inc. of Riviera Beach, FL, as a Sole Source for the purchase of parts and repair services on Flygt pumps (utility lift stations) on an "As Needed Basis" for the fiscal year 2016-2017, for an estimated annual expenditure of $175,000. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Review and Approve Legal Settlement in Foreclosure matter; Case No. 50-2015-CAl1893XXXXMB and authorize the City Manager to sign the 14 Page 256 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Stipulation of Acknowledgement of Valid Utility Lien and Release of Lien Upon Accord and Satisfaction of the Lien. Attorney Cherof explained the City has a claim for a lien against a property for $4,114. The claim raises an issue of law which may or may not be controlled by a recent Fourth District Court of Appeals case. If the City is correct in its interpretation, the City would be entitled to the full amount, but the matter is controversial and the City received an offer to settle for half. It would cost more in an ongoing court proceeding to collect that amount. Staff recommended approval. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Commissioner Casello inquired if a utility lien was different than a Code Lien and learned it was. It has priority and it cannot be extinguished in the same manner a Code Lien could. Vote The motion unanimously passed. 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. Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - PROPOSED ORDINANCE NO.16-023 - FIRST READING -Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. Attorney Cherof read the ordinance by title only on First Reading. Mike Rumpf, Planning and Zoning Director, explained this item is the kick-off and implementation of the City's new CRA Plan that was recently adopted. He commented there will be a grander, more comprehensive implementation task in the coming year and there are incremental implementation steps staff is taking as there is a benefit for some of the standards recommended in the Redevelopment Plan. This would establish a new zoning district. One new item was a zoning district to bridge a gap between two 15 Page 257 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 existing mixed-use districts, in density and intensity to provide, in recommended locations, a better transition and purpose in those Districts. It also fulfills a higher district to fulfill a node recommendation, in areas where there is reason to have higher density than what was originally envisioned, as it pertains to the wedding cake designs that prior plans were based on, such as Wooibright Road and US 1. There is also a pending development application for a higher intensity development at that intersection. Prior to the Riverwalk Project, another project was proposed for Sunshine Square. It would not have had the height that Riverwalk did, but it indicates there is a synergy for higher intensity at that intersection. Mr. Rumpf explained this was a quick insertion of a zoning district, looking at adjoining districts as to what the best standard is. They promulgated zoning tables such as Tables 3.4 and 3.21, which set the standards for the districts including height, density, setbacks, open space, and others. All this will be studied more over the coming year, starting with the LDR audit. The tables are for information and the exhibits are excerpts from the LDR which show the definitions and terms and the relation with the Comprehensive Plan and Land Use Classification, zoning matrix of uses and there may have been some thought of the CRA Plan vision into selecting corresponding uses. Footnotes were included as were cell tower regulations and design standards. Mayor Grant noted Table 3.4 and asked if a height exception was allowed and if it was a different land development regulation. He wanted the cap to be 100 feet. He proposed to let developers know the height limits were capped and they did not want to allow for height exceptions. Mayor Grant commented if the height exceptions do not change, he wanted a footnote to indicate height exceptions apply to mixed uses. Mr. Rumpf explained staff was making some changes, leaving some districts alone and allowing it to be addressed in the later rewrite. Mr. Rumpf sought direction if Mayor Grant wanted only MU 4 or if he was trying to change the height exception process itself. Mayor Grant noted MU 4 has 1% open space and it changed the footnote for the MU High intensity from 2%. He asked MU H have 2% and what impact it would have. Mr. Rumpf explained currently the open space requirement is 2% for MU High and it was not proposed to change. One percent was recommended for mixed use 4. Mr. Rumpf explained the table contained a mistake to assign 1% for MU High 2 and MU Low 3 which will be struck and they will remain as they are. They will be evaluated as part of a more comprehensive evaluation and audit. Vice Mayor McCray commented Riverwalk would be 105 feet and asked if this would affect the development. Mr. Rumpf explained the current process would be allowed to be used. They can allow the building additional architectural features, stairwells and towers to go above the maximum height of 100 feet. Future projects would be affected. Commissioner Katz asked if the five-foot height exception is related to engineering and design specifications and if the elimination of stairwells, elevator shafts and towers would mean the developer would have to reduce the number of floors. Mr. Rumpf explained it is an architectural question. It allows for flexibility and he sees it as a 16 Page 258 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 benefit to the City's process. Mr. Rumpf had not done the research if other municipalities allow for height exceptions. Mayor Grant commented on the minimum density and learned it was envisioned for the Transit Oriented Development Districts, which contain minimums and maximums. He noted a clarification that the minimum only applies in the core of the transit area where this amendment would apply. Mayor Grant asked if there was any minimum requirements for commercial space and learned it would get more attention through the audit. They have been included for certain districts and certain corridors requiring commercial space on the frontage and not residential. The provision remains applicable to all the districts in certain vicinities. It controls the frontage on the first floor. Mayor Grant asked if staff measures setbacks on the Intracoastal Waterway from the seawall and learned they are measured from the property boundary right-of-way and not the water. He explained there are exceptions involving water and riparian rights and boundaries that stand out in the water. It varied. Mayor Grant asked if Riverwalk could abut the seawall. Mr. Rumpf explained there are two different setbacks. One is applicable to the Intracoastal Waterway and a setback applicable to rear property boundaries. The Intracoastal setback provision prevails over the rear setback provision. Setbacks are another item that would be studied more closely, as staff wants to continue its study of lands accessible to the public along the Intracoastal Waterway. Mayor Grant thought there may be a land swap. Mayor Grant commented MU 4 does not have a high or low designation and asked if it could be referred to as MU H-5 and MU -4. Mr. Rumpf explained MU 4 was thought out during the redevelopment plan as far as the new zoning scheme. Mayor Grant noted it is in a high intensity area where others will be low. Mr. Rumpf explained that will change as well. Mixed-use core will change in the rewrite. There will be another internal audit for everything. Mr. Rumpf explained the incremental approach is necessary because there are aspects of the recommendations that are applicable today. The faster they put regulations on the books, the better as there are new visions and design principals they want to apply. Riverwalk is benefiting from the node zoning concept, but the City is implementing design standards and other requirements in the redevelopment plan that would best be implemented right away. Commissioner Casello commented this would have an effect on the Town Square project and learned there are additional implementation measures the City needs. It would be included in the second or third wave of incremental tasks they have to implement for the CRA plan. Currently, it may not be the MU 4 that was recommended. Commissioner Katz explained he will approve and the Commission had already voted on this on three separate occasions and it passed all three times. With regard to 17 Page 259 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 individual tweaks and changes, he felt unless requested by the Planning professionals, he did not want to manipulate. Chair Grant opened to public comment Susan Oyer, 127 SE 27th Way, explained residents opposed the plan and she requested it not be approved. Residents favor smart development and voted for a 45 foot maximum height and she proposed keeping the height at 45 feet. She commented it was not the City's job to house everyone who wants to move into Palm Beach County. She thought if they keep down the supply of housing, property values would increase. They are short 1,200 parking spaces and lost another five when the City parking lot was designed on 4th across from the railroad tracks. With additional housing, there would be even more of a parking shortage. Woolbright Road has over 1,000 cars a day and utility road work on Seacrest and the water tower is ongoing. She did not see why the City did not require more than 1% or 2% green space, and thought it was not the City's responsibility to provide developers with a higher profit margin. She commented global warming is an issue and the City will be underwater. She supported having as many large trees as possible. She had previously provided research over the summer regarding the environmental impacts of overly tall buildings. She reiterated a 45 foot height limitation is what the residents want. No one else coming forward, public comment was closed. Mr. Rumpf explained the Floor Area Ratio (FAR) to Mayor Grant. He explained density standards apply to residential projects and FAR is the equivalent analysis for commercial buildings. It is a floor area ratio to the land which the State requires. With FAR, there could be more volume than square footage on the property. Mayor Grant commented he was receptive to more open space for MU High land use of 2%. Motion Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 4-1.. (Mayor Grant dissenting). A. PROPOSED RESOLUTION NO. R16-165 - Second Review of proposed Notice of Intent - Group Homes Attorney Cherof explained the Code provision Ordinance that establishes Notices of Intent is also considered to be a notice of zoning change. It requires the City Commission to address this on two occasions. This was done at the last meeting by announcing and adopting the Notice of Intent. The notice has now been provided and im Page 260 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 this is the public's opportunity to participate in the process. Later in the meeting is an Ordinance for the establishment of a moratorium that looks and acts like this Notice of Intent. He noted the Ordinance is only on for first reading. It will go to the Planning and Development Board later this month and return to the City Commission for final adoption in January. This item is a continuation of the Notice of Intent and it provides the public the opportunity to speak on the matter so the City Commission can either adopt it or modify it. Mayor Grant opened the floor for public comments. No one came forward. Motion Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Review and action on Annual Performance Evaluation for the City Manager. Lori LaVerriere, City Manager, explained her employment contract provides for the City Commission to conduct a performance evaluation of her at least once a year, which is typically done in December. Commissioner Casello explained he rated her with some five's, but not all fives as there is always room for improvement. In his four years, she has been an exceptional leader and problem solver. She has foresight to see issues that could arise and he values her opinion. She leads by providing information and advising about the pros and cons. He was comfortable with his score and looked forward to her continuing employment. Commissioner Romelus thought Ms. LaVerriere was an outstanding leader who exemplifies leadership and how to lead others into leadership roles. She has foresight to bring others in to step up when her time comes to leave. There is a lot of room for improvement and she looked forward to 2017 and working with her. Mayor Grant thought Ms. LaVerriere did a great job running the City and she has helped him a great deal as the Mayor. When he attends other City functions and events, he 19 Page 261 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 speaks with other commissioners, city managers and department heads, and they only have high praise for her and he looked forward to working with her in the future. Vice Mayor McCray explained he has worked with Ms. LaVerriere for a long time and he holds a Bachelor's Degree in Healthcare from FAU University. He met with her and reviewed various items and commented she is a great leader. He pointed out she has two assistant city managers that have taken on more than they could handle and he expressed Mr. Groff should be more focused on water issues such as exists on Woolbright Road as the City is 130 days behind in the project. He noted there is always room for improvement. Her assistants are inundated when she should be delegating. He also noted District II was treated as a step child in regard to garbage pickup as it seems like they are neglected. Ms. LaVerriere explained to him several garbage trucks are down and it was part of the problem. Vice Mayor McCray emphasized the importance of communicating. He had requested she review the City demographics as to the African-American community in the City and commented a minority was needed to represent certain aspects of the City. He thought she was a great city manager and he has had fun years working with her. He wanted to continue to work with her to make Boynton Beach the greatest City in Palm Beach County as it is the third largest city. Commissioner Katz agreed with prior comments, noting he spent his entire career evaluating people. Each day there are always subjective matters. He advised she has positive qualities and does a fantastic job. Herb Suss, 1711 Woodfern, explained during the time he has lived in Boynton Beach, Ms. LaVerriere has been the best City Manager they ever had. She is delightful and helps everyone. He was glad she got a good evaluation, because by doing so, his evaluation of the City Commission would be good. Jerry Taylor, 1086 SW 26th Avenue, agreed with Mayor Grant's comments that mayors do not run the City. The City Commission sets the policies and the City Manager carries them out. Having graduated with honors from three Air Force management academies, and having been selected as a management inspector worldwide for the military airlift command, it was his job to evaluate managers from all over the world for avionic facilities. Having been Mayor for 13 years, he worked with four city managers and he commented Ms. LaVerriere ranks up at the top and the City Commission is lucky to have her. She knows all the Departments and how they operate and she surrounds herself with good people to get the job done. Woodrow Hay, 427 NW 5th Avenue, agreed with former Mayor Taylor's comments. He commented he had the pleasure of working with Ms. LaVerriere when she first came to the City. He checked with several cities and many were trying to retain her. She's very fair, did an outstanding job and he thought the City was blessed she decided to work for Boynton Beach. The City is doing great work in Boynton Beach and she should keep up the work N11 Page 262 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Commissioner Casello noted the City Manager was the Interim City Manager, and at one time, one of the Commissioners would not even talk to her. He thought how she handled the matter and still work was a testament to her managerial skills. Motion Commissioner Casello moved to give Ms. LaVerriere a 2% pay increase for the coming year. Commissioner Katz seconded the motion Motion Vice Mayor McCray commented employees received three percent and moved she receive the same. Commissioner Romelus seconded the motion. After brief discussion, it was ascertained employees received 2%. Vice Mayor McCray withdrew his motion.. Vote The motion unanimously passed. Ms. LaVerriere thanked all and explained she has been in public service for 28 years. She loves the job and surrounds herself with competent professionals which make her stronger. If it was not for the team, she could not do it. She never stops learning, she is open minded and will continue to do more to make the City better. B. Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to the 211 Help Line, a non-profit organization. (TABLED ON 12/6/16) (This item was addressed earlier in the meeting.) C. Consider proposal received by Community Caring Center for the leasing of space at the Library to operating a Cafe. Mr. Howard received a proposal from Sherry Johnson from the Community Caring Center to operate the Sailfish Cafe at the Library. About a year and a half ago, the City issued an RFQ, but no contract was awarded. Her proposal was something to consider and he included the pertinent back up information. He also included verbiage from a prior RFQ where it indicated the City's and the vendor's responsibilities. He commented if they want to move forward, they provide him with instruction and he will bring back a contract at the January 3rd meeting. 21 Page 263 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Vice Mayor McCray thought the location was appropriate for an incubator as they have the Library and nothing was happening at the cafe. He favored offering the building to Ms. Johnson as she has individuals who can use the space and it will be a learning opportunity. Commissioner Casello read the backup and thought the rent being equivalent to the electric bill was good. He liked there was free delivery and saw a lot of promise. Mr. Howard commented the space has challenges. There are not many possible vendors. The electric and water is not separately metered and there are access issues so it would take a unique vendor to use the space. Commissioner Romelus asked if a separate meter could be installed and learned it was not done at the time the building was remodeled. They pro rate the amount which is charged as rent. Commissioner Katz suggested language be included to address the potential changes to the building and the new Town Square. Mr. Howard's recommendation was to execute a one-year contract with two or three, one-year renewals which will return to the City Commission each year and they could incorporate language. There was consensus to move forward with a contract. C. Quantum Park Overlay Dependent District Commissioner Katz explained there were changes going on at the District. He and Mayor Grant had attended the most recent meetings and it was Commissioner Katz's observation, something was occurring and he wanted the City Attorney to contact the State Inspector General or the County Inspector General to inquire what potential services they could offer to look deeper into the Quantum Park Overlay District activities over the past few years that Commissioner Katz feels should be explored. Attorney Cherof will research which Inspector General would be over that district and if there are costs associated for fact finding. Mayor Grant summarized the motion would be for the City Attorney to ascertain the appropriate Inspector General to look into the matter or ascertain what they would need. Motion Commissioner Casello so moved. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 22 Page 264 of 522 Meeting Minutes City Commission Boynton Beach, Florida 13. LEGAL December 19, 2016 D. Infill Planned Unit Development (IPUD) (CDRV 16-006) - PROPOSED ORDINANCE 16-024 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. Attorney Cherof read proposed Ordinance 16-024 by title only on First Reading. Mike Rumpf, Planning Director, explained there were two residential Planned Unit Development (PUD) zoning districts. One was a suburban district which was established for redevelopment purposes in the CRA District, but over the years, there were more remnant pieces of property in the City. To motivate development of them consistent with land use patterns, which would be single-family homes or conventional subdivisions, they could be used for infill purposes. There is vacant property on the south end of the City surrounded by townhomes, and a small single-family neighborhood on US 1. Land values do not support single-family development, but a townhome development would. The size of the property is less than the minimum requirement for an infill PUD. Staff thought this was an alternative to support infill of the project. When staff reviews the Code, they looked at possible additional benefits and had worked with the CRA to develop the Cottage District on land east of Seacrest and north of Boynton Beach Boulevard. A PUD incorporates flexibility in lot sizes and setbacks. If all the land were assembled it would exceed the maximum allowed for an infill PUD causing low end and high end districts. This would allow the provision to be used throughout the City for those purposes. It is still reviewed against the zoning criteria and would be compatible with surrounding property uses. Vice Mayor McCray suggested including a map. Mr. Rumpf agreed to consider it. No one from the public came forward to speak. Motion Vice Mayor McCray moved to approve proposed Ordinance No. 16-024 on First Reading. Commissioner Casello seconded the motion. Vote City Clerk Pyle called the roll. The vote was 5-0. E. PROPOSED ORDINANCE NO. 16-025 - FIRST READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. 23 Page 265 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 Attorney Cherof read proposed Ordinance 16-026 by title only on First Reading. Motion Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Commissioner Casello asked if the Ordinance would affect any pending applications. Attorney Cherof explained applications that were submitted would be reviewed on a case-by-case basis to determine how far along they are. The applicants proceed at their own risk. If they are not fully complete and operational, the outcome of the study period could result in changes being imposed upon them. Attorney Cherof did not have a specific list of pending applications. Vote City Clerk Pyle called the roll. The vote was 5-0, Attorney Cherof explained this will be heard by the Planning and Development Board and return to the City Commission for a public hearing. F. PROPOSED ORDINANCE NO. 16-022 - SECOND READING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. Attorney Cherof read proposed Ordinance No. 16-022 by title only on Second Reading. Mayor Grant opened public comment. No one came forward. Mayor Grant saw the Ordinance and noted there was a change needed on page 915 regarding the City of Boynton Beach and the Commission. He asked for a motion to make the correction and approve the Ordinance. Motion Commissioner Katz so moved. Vice Mayor McCray seconded the motion. Vote City Clerk Pyle called the roll. The vote was 5-0. G. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney client session of the City Commission to discuss pending litigation in the following case: BARRY GOLDMAN, Plaintiff, vs CITY OF 24 Page 266 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA01 1734XXXXMB Attorney Cherof reviewed the above request. Mediation is scheduled for early February, but there would be time for the City Commission to hold a closed -door session on January 17th or February 7th. About 30 minutes would be needed. Mayor Grant favored the 7th. There was agreement and consensus to hold the session the first meeting in February at 6 p.m. 14. FUTURE AGENDA ITEMS A. PROPOSED ORDINANCE NO. 17 -XXX - FIRST READING Approve Riverwalk Rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. - January 3, 2017. B. PROPOSED ORDINANCE NO. 17 -XXX - FIRST READING Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. - January 3, 2017 C. Approve request for the Riverwalk Plaza Height Exception (HTEX 16-001) to allow non -inhabitable space including architectural features and stair tower to extend 5 feet above the maximum building height allowed in the MU -4 Zoning District (100 feet) within a mixed-use development. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on the corresponding ordinances for Land Use Amendment and Rezoning. - January 17, 2017 D. Approve request for the Riverwalk Plaza Community Design Appeal (CDPA 16-002) to allow deviation from the zero (0') build -to -line requirement along an arterial road as required by the Land Development Regulations, Chapter 3, Article III. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on the corresponding ordinances for Land Use Amendment and Rezoning. - January 17, 2017. 25 Page 267 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 E. Approve request for the Riverwalk Plaza Major Site Plan Modification (16- 002) for a mixed-use development of 326 apartments, 51,220 square feet of existing and additional commercial space, parking garage, private recreation area, public waterfront plaza and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on ordinances for Land Use Amendment and Rezoning. - January 17, 2017 F. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. G. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. H. Monthly Departmental Presentations: Library - January 2017 Communications/Marketing - February 2017 I. The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. J. Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. K. Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement - January 17, 2017. L. Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. M. Discuss Cannibus dispensing regulations - January 3, 2017. N. PBC Human Rights Council has asked the City to consider adopting an ordinance banning conversion therapy for minors - January 3, 2017. 26 Page 268 of 522 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2016 O. Review and consider entering into a Solar Lease and Easement Agreement with FP&L to provide a Solar Tree at Oceanfront Park - January 17, 2017. P. Announce the Martin Luther King's events to be held in January 2017 by the Chair - January 3, 2017. Q. Consider adopting a Chronic Nuisance Ordinance - February 2017.. 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:29 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello 27 Page 269 of 522 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist December 19, 2016 Page 270 of 522 7.A. REQUESTED ACTION BY COMMISSION: Approve Task Order No. U -1A-09 with Globaltech, Inc. for engineering services to conduct an assessment for replacing the nanofiltration membranes at the West Water Treatment Plant for an amount not to exceed $120,787.55. This is in accordance with the approval of RFFQ 017-2821-14/DJL, General Consulting Services, Scope C, as approved by the City Commission on July 1, 2014. EXPLANATION OF REQUEST: The West Water Treatment Plant (West WTP) is a low pressure reverse osmosis (RO) treatment plant that utilizes nanofiltration membranes and a combination of chemicals to achieve good water quality and treatment efficiency. One of the chemicals used is 93% sulfuric acid which is extremely corrosive and poses a number of health and safety risks. Due to this corrosivity, the related acid feed system has experienced a number of leaks over the past 2 years that have resulted in costly cleanup activities. In addition, the membrane elements have been in operation for over 10 years and are due for replacement. As a result, Boynton Beach Utilities (BBU) management propose conducting an assessment of the plant in support of replacing the membranes and eliminating its dependence on sulfuric acid or otherwise improving the treatment process to ensure all water quality goals are met. Globaltech will serve as the project manager and technical reviewer of this project while University of Central Florida — Civil, Environmental and Construction Engineering Department (UCF — CECE) will conduct the data collection and process evaluation. The assessment will include the following main tasks: • Data Collection and Compilation — existing process data and information will be collected, compiled and organized. The data will be reviewed with respect to historical trends and operator experience; cleaning cycles will also be evaluated with respect to membrane performance. • Raw Water and Pretreatment Chemical Desk -Top Evaluation — a desk -top evaluation for sulfuric acid free feed water will be conducted to determine the feasibility of discontinuing the use of sulfuric acid in the West WTP's existing water treatment process. • Membrane Process Desk -Top Evaluation —the existing membrane configuration will be evaluated and alternatives will be proposed, taking into account the MWH report "West WTP Nanofiltration A Membrane Element Evaluation Task Oder U -AQ -01" dated February 2015. By-pass chemistry evaluation will be conducted as part of this component of the study to determine the impact on finished water quality, with particular regards to the Stage 2 Disinfectant/Disinfection By -Products Rule, Lead and Copper Rule and Total Coliform Rule, taking into account chlorine residual decay. • Post Treatment Process Desk -Top Evaluation — packed towers are used for the post membrane degasification to remove carbon dioxide and hydrogen sulfide from the membrane permeate process stream. Analytical data collection and a subsequent desk -top evaluation will be conducted to eliminate or propose alternatives to the post treatment process. • Reporting — a draft report with viable options for process modification including generalized order of magnitude cost estimates for major equipment and percentages for ancillary items will be submitted to BBU for review. BBU will select treatment process modification options and provide review comments for preparation and delivery of the final report. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Sulfuric acid is an extremely corrosive chemical and therefore poses operational health and safety risks. In addition, sulfuric acid prices are closely linked to the price of oil and fluctuates with it as a result. Approval of this Task Order will aid in eliminating these Page 271 of 522 safety concerns and operating costs, as well as provide overall improvements to the treatment process. FISCAL IMPACT. Budgeted Funds have been budgeted in account 403-5000-533-65-02; WTR022. ALTERNATIVES: The City could choose to continue the use of sulfuric acid as a pretreatment chemical. However, the existing acid system will need to be modified to ensure system integrity in order to eliminate or minimize future potential releases. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum West WTP Assessment Backup REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 12/22/2016 - 3:10 PM Finance Howard, Tim Approved 12/27/2016 - 8:49 AM Legal Cherof, Jim Rejected 12/27/2016 - 3:08 PM Finance Howard, Tim Approved 12/27/2016 - 3:58 PM Finance Howard, Tim Approved 12/27/2016 - 3:58 PM Legal Cherof, Jim Approved 12/27/2016 - 4:06 PM City Manager Howard, Tim Approved 12/27/2016 - 4:07 PM Page 272 of 522 000 City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Engineers - Contractors 6001 Broken Sound Pkwy NW, Suite 610 Boca Raton, Florida 33487 Phone: 561.997.6433; Fax: 561.997.5811 Email: johitionsCa)lotaltech4bg(m _L_ g— — Dear Mr. Groff. Subject: Task Order #U -1A-09 / West Water Treatment Plant Process Assessment At the request of the City of Boynton Beach, Globaltech is pleased to submit this Task Order to conduct an assessment of the Nanofiltration Membrane Process at the City's West Water Treatment Plant. The Task Order has been modified to reflect your comments from November 22,20 16. This Task Order will be executed by staff and students from the University of Central Florida (UCF) under the direction of Dr. Duranceau and administered through Globaltech's master engineering contract. Troy Lyn will serve as the City's point of contact and will provide technical review and oversight of our subconsultant's progress. Per the proposal provided by UCF, we anticipate that work will begin in January 2017 and will be complete within one calendar year. A complete summary of the Scope of Work to be provided by our to is included in the attached proposal. For this work, we are requesting a fee of $120,787.55. 9= Rick Olson, P.E. I I � I � � 11•11 � � � I � � I I I � � I � �! 11 1 4 - I I Page 273 of 522 Le I • vvlay4m SCOPE OF WORK FO•R WEST WATER TREATMENT PLAV .1611;101� I 07M a I a A R C-71 gre V:11:11 ky, 1:4 ilk I I 0--nno 0 1 0 0 0- 0 The CITY desires to replace existing nanofiltration (NF) membrane elements at the West Water Treatment Plant. The existing membranes have been in operation for over 10 years. The CITY has requested that the University of Central Florida (UCF) staff (as a SUBCONSULTANT to CONSULTANT) conduct an assessment of the NF Water Treatment Plant with respect to pretreatment, membrane process, post-treatment (including ancillary operations) in support of replacing the membranes, enhancing the treatment process and eliminating its dependence on ;ulfuric-acid. MEMBER= Project Management — this task includes activities required to administer the projewl including subcontract preparation, scheduling and coordination of activities between the CITY, CONSULTANT, and SUBCONSULTANT. A kick off meeting will be conducted Al the inception of the project to establish communication protocol, schedules and CITY goals for the project. Meeting minutes will be prepared and distributed by CONSULTANT. Meetings and Communication — this task is established to fund time and expenses associated with travel to conduct data gathering, conduct site visits, attend project kick - of meeting and attend monthly coordination meetings. A total of 14 trips will be coordinated between CITY, CONSULTANT and SUBCONSULTANT. Research Services Data Collection and Compilation — SUBCONSULTANT will receive, collect, compile and organize CITY -provided existing process data and information. The data will be reviewed with respect to historical trends and operator experience. Cleaning cycles will also be evaluated with respect to membrane performance. Raw Water and Pretreatment Chemical Desk -Top Evaluation — The CITY is motivated operational health and safety risks associated with the use of sulfuric acid as a pretreatment chemical. The CITY has requested CONSULTANT and SUBCONSULTANT to cin WOW& M03= Page 274 of 522 Membrane Process Desk -Top Evaluation — SUBCONSULTANT will evaluate existing membrane configuration and proposed alternatives to the CITY's membran,Z process configuration taking into account the MWH report "West WTP Nanofiltration A Membrane Element Evaluation Task Oder U -AQ -01" dated February 2015. By-pass the imp act on finished water quality, with particular regards to the Stage 2 Disinfectant/Disinfection By -Products Rule, Lead and Copper Rule and Total Coliform Rule taking into account chlorine residual decay. Post Treatment Process Desk -Top Evaluation — Packed towers are used for the CITY's Oil ga= Draft Report Preparation and Review — SUBCONSULTANT will compile the information, analytical results, notes and observations gained in the process evaluation and perform data analysis on the collected information as well as existing available data. The analysis of the research project herein will include conceptual opinions of relative costs and non - cost factors. Cost estimates shall be for comparison purposes only and shall include generalized order of magnitude cost estimates for major equipment and percentages for ancillary items. SUBCONSULTANT will prepare a Draft Report and deliver to CITY and CONSULTANT for review with viable options for process modification. The CITY will select treatment process modification options and provide review comments within two weeks of the receipt of the Draft Report. :R161412ro d:J 40��� The CONSULTANT proposes Troy Lyn, P.E., to serve as the project manager and technica; reviewer of this project. At the request of the CITY, University of Central Florida —Civil, Environmental and Construction Engineering Department (UCF — CECE) will conduct the data collection and process evaluation. This team will be led by Dr. Duranceau (UCF Principal Investigator), Dr. Sadmani (Co -principal Investigator) and graduate students. Page 275 of 522 • Draft Report — October 15, 2017 • Final Report — December 15, 2017 1 . A Notice to Proceed is issued by January 3, 2017. 2. The CITY will provide existing drawings of the West WTP. 3. The CITY will provide monthly operations reports (MORs) for the past two years. 4. The CITY will provide chemical data sheets on all chemicals used at the West WTP as part of the water treatment process. 5. The City will provide raw water samples and historical raw water quality analytical results. 6. The CITY will provide manufacturer's product sheets for nanofiltration membranes and all other equipment involved in the water treatment process. 7. The CONSULTANT will have access to membrane building as needed. 8. The CITY will provide personnel to assist and support research study as requested. ,t. Sample collection and water quality analyses will be performed in strict accordance with Standard Methods for Examination of Water and Wastewater and the Environmental Protection Agency's Methods for Chemical Analysis of Water and Wastes and Methods and Guidance for the Analysis of Water. 10. CITY will VI 11 - CITY agrees to waive the requirements of Section 10.2 of Article 10 to the CONTRACT with CONSULTANT. SUBCONSULTANT for this Task Order is a nonprofit state agency that is exempt from professional liability insurance requirements and does not meet the CITY's other insurance limits. 40] IVA 1:24 21 Compensation for this Task Order #U -1A-09 will be on a lump sum basis for a fee not to exceed $120,787.55. Attachment - A provides the compensation summary for the project. •:J;Emp =,t Page 276 of 522 Page 277 of 522 Attachment A Page 278 of 522 West Water Treatment Plant - Process Assessment Engineering Support Senior Administarative Total Subconsultant PM Support Labor (UCF) Contractual Labor Rates $/Hr. $ 218.00 $ 63.00 Task 1 Project Management 20 12 $ 5,116.00 $ 2,200.00 Task 2 Meetings and Communicaiton 28 12 $ 6,860.00 $ 5,851.00 Task 3 Data Collection and Compilation 4 0 $ 872.00 $ 16,605.00 Task 4 Raw Water & Pretreatment Chemical 4 0 $ 872.00 $ 29,300.00 Desk -Top Evaluation Task 5 Membrane Process Desk -Top Evaluation 4 0 $ 872.00 $ 15,931.00 Task 6 Post -Treatment Process Desk -Top Evaluation 4 0 $ 872.00 $ 14,100.00 Task 7 Draft Report Preparation and Review 16 4 $ 3,740.00 $ 1,690.00 Task 8 Final Report Preparation and Delivery 6 4 $ 1,560.00 $ 1,300.00 Total Hours 86 32 $ 20,764.00 Subconsultant (UCF -CELE) $ 86,977.00 Markup $ 13,046.55 Total Subconsultant $ 100,023.55 L-1-11,11,11,11,11,11,11, Total $ 120,787.55 I Page 278 of 522 Page 279 of 522 Research Scope of Services 11-15-2016 1 it 1 i /' 1• Prepared By: u� �i�'tti�veraWY d Cf: AOt University of Central Florida Civil Environmental and Construction Engineering Department (CELE) 4000 Central Florida Blvd., POB 162450, Engineering Building 2, Suite 211 Orlando, FL 32816-2450 Off-MIMM Globaltech Inc. (CONSULTANT) 6001 Broken Sound Parkway, Suite 610 Boca Raton, FL 33487 Prepared on Behalf of: City of Boynton Beach (CITY) 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL, 33425 The purpose of this document is to present a description of the research activities that the University of Central Florida (UCF) College of Engineering and Computer Science's Civil, Environmental and Construction Engineering Department (CECE) has been requested to perform on behalf of the City of Boynton Beach (CITY) [100 East Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL, 33425] through their consultant, Globaltech Inc. (CONSULTANT) [6001 Broken Sound Parkway, Suite 610, Boca Raton, FL 33487; Phone: 561-997-6433]. The CITY desires to replace existing nanofiltration (NF) membrane elements at the West Water Treatment Plant (WTP), as the existing membrane elements have been in operation for over 10 years. The City hence desires to perform an assessment of the existing conditions (PROJECT). It is understood that the CITY currently meets the U.S. Environmental Protection Agency's (EPA's) primary and secondary drinking water standards. Also, the CITY maintains an operating goal in producing finished water with a calcium hardness between 60 and 80 mg/L (as CaCO3), alkalinity between 40 and 50 mg/L (as CaCO3), color of less than 2 Platinum -Cobalt Units (PCU), and finished water pH between 8.5 and 9.0 pH units to match the finished water delivered by the CITY's East (lime -softening) WTP. The CITY relies on monochloramine for residual disinfection and a poly/orthophosphate blend (AWC A-782) as a corrosion inhibitor. A schematic representation of a membrane train is shown in Figure 1. Additionally, the CITY's WTP raw and feed water quality are provided in Table 1, and the CITY's basic design and Page 280 of 522 Research Scope of Services 11-15-2016 operational parameters are presented in Table 2. Based on the review of the MWH report "West WTP Nanofiltration Membrane Element Evaluation Task Order U -AQ -01" (Feb. 2015), the CITY'S process configuration consists three trains that contain six Dow NF90-400 membrane elements in the 1st stage pressure vessels, and six Dow NF270-400 elements in the 2nd stage pressure vessels. The system contains six parallel 2 -stage membrane trains with a permeate production capacity of 1.45 mgd each. The system has the ability to bypass some raw water around the membrane trains and blend with the permeate. Currently, the blending is discontinued because of water quality concerns in the finished water. Pre-treatment of the membrane feed water consists of sulfuric acid dosing, antiscalant dosing, and cartridge filtration (five micron). Figure 1. Process Schematic (Source: MWH report "West WTP Nanofiltration Membrane Element Evaluation Task Order U -AQ -01" Feb. 2015) t.hy.trkde Permeate )to degasifierl Blend Idis ontinued) w It appears that 11 have a static rtiin%,, iuw ui%. Vuuuuir,, 111%. Nli auaiyc.%.i ivi a%.iu iwu wiiuvi iJ iv%.auu upstream of the cartridge filters. The anti-scalant is dosed downstream of the pH analyzer and just upstream of the cartridge filters. The cartridge filters are oriented in a setup with combined feed and discharge headers. Feed pumps are located just downstream of the raw water bypass take -off in a manifold arrangement. The membrane trains are fed from this manifold system and the flow to each train is controlled by flow meter and control valve. Permeate from each membrane train is combined in a header and transferred to the top of the degasification vessels. The typical degasification feed pH ranges between 6.6 to 6.8; both sodium hypochlorite and polyphosphate corrosion inhibitor are added to the feed water. Membrane elements used to be cleaned with a low pH clean with citric acid followed by a high pH clean with caustic soda. Since November 2013, the cleaning method was changed to include a high pH clean with caustic soda followed by a relative neutral pH clean with EDTA (Tetrasodium EDTA; Dissolvine E-39) and surfactant (Stepanol WAC; alkyl sulfate). According to others, the cleaning tank feed was changed from combined permeate to finished water due to capacity limitations with the existing permeate piping in 2004. B Page 281 of 522 Research Scope of Services 11-15-2016 Table 1. Process Raw and Feed Water Quality Parameters (Source: MWH report "West WTP Nanofiltration Membrane Element Evaluation Task Order U -AQ -01" Feb. 2015) Water Quality Parameters Units Raw Water Feed Water Color I pcu 50 50 pH ' 7.6 6.8 LS1 Ammonium (NH41 NIHs) ' - mg,'L 0.45 0.0 -0.44 0.0 Potassium N' nig/L 1.0 1.0 Sodium (Na) M(T/L 25.5 25:5 .Magnesiuni (Uig) m,/L as CaCO3 9.9 9.9 CalCium (Ca) Strontium (Sr) = mg/L as CaCO3 mg/L 235.0 1.1 235.0 1.1 Larium (La)- Car_�oiw-.te (CO;) 2 mg/L mg /L as CaCO3 0.02 1.5 0.02 0.19 LiCrrbot- ate :'HCO3) mg/L as CaCO3 229 186 ' Chloride (CI) '' Fluoride (h)' mg/L mg/L mg/L 1.0 39.0 0.2 1.0 39.0 0.2 Sulfate (SO4) mg/L 15.5 67.6 Silica (Si O,) 2 L 13.4 13.4 Loran (13) 22 mg/L 0.0 0.0 IDS ' mg/L 474 461 Iron (Fe)' mg/L <0.10 <i).10 Hydrogen Sulfide (HzS) mg/L 0.8 0.8 Laboratory/field data dailY report from 2013 and 2014 Dow Chemical, 2004 Each membrane train consists of two stages with a permeate throttle after the first stage to help balance the flows between the stages. The permeate flows to the degasifier vessels, while the concentrate is diverted to the on-site deep injection well. Feed pumps are located just downstream of the raw water bypass take -off in a manifold arrangement. The membrane trains are fed from this manifold system and the flow to each train is controlled by flow meter and control valve. Permeate from each membrane train is combined in a header and transferred at a pH between 6.6 and 6.8 to the top of the degasification vessels. Page 282 of 522 Research Scope of Services 11-15-2016 Table : Summary of Existing Nanofiltration Process Parameters (Source: MWH report "West WTP Nanofiltration Membrane Element Evaluation Task Order U -AQ -01" Feb. 2015) System Parameters 'Value Train Feed Flow (hied) Train Permeate Flow (mgci) Train S33, No. of Elements pwt - 7 rsa:+;•, 216 Pretreahnent and sIllto 17V_ 1' SOT (tlalti--c a1 ultl Feed }'11 t:hemical Dose (InhJl_) �.� i hS01,1rn9 T Blend ' , 0"s' l=el'J TD= ; im,t ,_ ) 470 A vurilgL' ); `,•s tc a75 Flus (gfcl) I[,.t Nan c; filtration Train Parameters Stage 1 Stage 2 CIIl IOC It i=1e111c�Ilf Type Dow NF«U-400 Dkm NF270-400 PI-O."IIPe'(? i79 Hlemen [w 7 r 1'F4'* 11tl �, t titii'1 No. c,t Eloments in Stage 36 60 :" pprox. Duet TD5 (nig/1-) 470 The CITY desires that UCF assess their West Nanofiltration Water Treatment Plant (WTP) with respect to pretreatment, membrane process, post-treatment including ancillary operations. Task 101— Project Many em�ent This task consists of those needs required for project management including the continued preparation of project task scheduling and coordination of activities with the CITY and CONSULTANT. Coordination of UCF research activities with the CITY and CONSULTANT will occur during the project. Task 102 — Meetings and Communication This authorization will allow for UCF to travel to the CITY's WTP for meetings, conduct data collection and perform process site visits. Fourteen site visits are planned: (a) two project on-site progress meetings wherein one of the site visits will serve as a Project kick-off meeting with the CITY and CONSULTANT, and (b) twelve on-site WTP investigation site visits (approximately once per month) will be required for this research project. Communication will be in the form of e-mail, express mail, conference calls and phone calls. 0 Page 283 of 522 Research Scope of Services 11-15-2016 Task 201: Data Collection and Compilation UCF will receive, collect, compile and organize CITY -provided existing process data and information, such as regulatory Monthly Operating Reports, chemical consumption information, nanofiltration plant operating data, membrane process information, membrane autopsy data or information, packed tower and finished water quality and other associated operational related information regarding the WTP's pretreatment system, membrane process, and post-treatment processes. The data will be reviewed with respect to historical trends and operator experience. Cleaning cycles will also be evaluated with respect to membrane performance. When available mass transfer (specific flux) data will be compiled and reviewed. Task 202: Raw Water and Pretreatment Chemical Desk -Top Evaluation The CITY is motivated to eliminate its dependence on sulfuric acid to reduce operating costs as well as reduce operational health and safety risks associated with the use of the acid as a pretreatment chemical. The CITY has requested CONSULTANT and UCF to determine the feasibility of discontinuing the use of acid in the City's existing water treatment process located at their water treatment facilities. A desk -top evaluation of the process recovery will be conducted for a sulfuric acid free feed water. The evaluation will discuss limiting salt chemistry and implications of a change in sulfate concentration in the concentrate channel; in addition, carbonate effects on membrane treatment will be discussed as pH will affect carbonate deposition rates in the membrane concentrate channel. Calcium permeation rates will be evaluated and projected as a change in pH will affect divalent mass transfer through the membrane. Calcium and magnesium mass transfer will increase as pH increases due to sulfuric acid elimination, possibly effecting downstream unit operations. Effects of NOM will be incorporated into the discussion. Task 203: Membrane Process Desk -Top Evaluation Membrane Process Configuration Component. UCF will evaluate the existing membrane configuration and proposed alternatives to the CITY's membrane process configuration taking into account the MWH report "West WTP Nanofiltration Membrane Element Evaluation Task Order U -AQ -01" dated February 2015. By-pass chemistry evaluations will be conducted as part of this component of the study to determine impact on finished water quality, with particular regards to the Stage 2 Disinfectant/Disinfection By -Products Rule, Lead and Copper Rule, and Total Coliform Rule taking into account chlorine residual decay. Certain (limited) water samples will be collected at specific locations and transmitted to UCF's laboratories for analysis. For example, water samples will be collected from specific locations and returned to UCF labs to evaluate for dissolved organic carbon, alkalinity, hardness and other similar parameters. UCF will coordinate with the CITY so that bulk water samples (5-10 gallons of water per sample event) will be collected and delivered to UCF's laboratories whereupon UCF will conduct a limit number of requisite analysis to screen for TTHM and general water quality parameters (calcium, sodium, chloride, sulfate, iron, bromide, total dissolved solids, UV -254, color/true, pH, temperature and DOC) to screen up to two NF by-pass blending scenarios. 5 Page 284 of 522 Research Scope of Services 11-15-2016 UCF will dose the samples with chlorine and monitor total TTHM formation potential for incubation times of 48 -hr, 96 -hr and 168 -hour simulated distribution system (SDS) time - intervals. HAA -5 will only be evaluated at a 168 -hour ultimate FP assessment (assumed maximum worst-case hydraulic residence time for system under study). Task 204: Post -Treatment Process Desk -Top Evaluation Packed towers are used for the CITY's post membrane degasification to remove carbon dioxide and hydrogen sulfide from the membrane permeate process stream. In the pH range of 6.0 to 8.0, the predominant reduced sulfur forms are bisulfide (HS-) and hydrogen sulfide (H2S); the sulfide (S-2) form is negligible at ambient pH levels in groundwater. Thermodynamically stable states, both final and quasi, include sulfate (S+6) and colloidal sulfur (S°) under oxidized water conditions. Consequently, of the thirty or more ionic and molecular sulfur species that exist, only five are thermodynamically stable under conditions found in drinking water, and include hydrogen sulfide [H2S], bisulfide [HS'-], elemental sulfur [S°], bisulfate [HSO41-], and sulfate [SO42-]. At pH values above 13, sulfur chemistry becomes very complex. Chlorination or oxygenation of ground water containing hydrogen sulfide can result in the formation of elemental sulfur and colloidal polysulfides (which can impart a milky -white turbidity to the water), the removal of which can reduce copper corrosion rates in metallic distribution systems. The use of chlorine to treat elemental sulfur must be conducted at a pH of less than 4.0 pH units; any pH above this value will result in the formation of elemental sulfur which exists in colloidal form and will register as turbidity in the finished water. There are many methods available to remove sulfide contaminants from drinking water supplies. Sulfide removal technologies typically are based on sulfide equilibria, and include either: (1) a pH dependent partitioning of hydrogen sulfide; (2), conversion to the thermodynamically stable state of sulfate; or (3) the controlled formation of elemental sulfur. A limited set of analytical data collecting efforts will be performed at the bench scale for screening purposes using field sulfide titration methods of analysis. A desk -top evaluation will be conducted to eliminate alternatives that would not achieve CITY and CONSULTANT goals; for example, alternatives could include oxidation with ozone, oxidation followed by membrane filtration, electromedia filtration, use of potassium permanganate -activated oxidizing media filters and/or chlorine - activated media filters, and microbiological filtration, perhaps others as the analysis proceeds. Phase 300 — Reporting Task 301: Draft Report Preparation and Reviews UCF will compile the information, analytical results, notes and observations gained in the process evaluation and perform data analysis on the collected information as well as existing available CITY data. UCF will prepare a Draft Report and deliver to CITY and CONSULTANT for review. The CITY and CONSULTANT will provide review comments within two weeks of receipt of the draft report and deliver to UCF. Task 302: Final Report Preparation and Delivery Once UCF receives comments from the CITY and CONSULTANT the draft report will be revised and completed as a final report. UCF will deliver to the CONSULTANT two hard copies R Page 285 of 522 Research Scope of Services 11-1-2016 of the final report together with an electronic file. Upon receipt of UCF's delivery of the final report copies and electronic file, the CONSULTANT will provide one of the hard copies of the final report and a copy of the electronic file to CITY. The CONSULTANT will advise UCF by electronic communication confirming CONSULTANT delivery of the final report and electronic file to CITY. Cid: •ii'� The Project is anticipated to require no more than 12 months per the schedule shown in Table 3, Schedule by Month. This PROJECT schedule assumes a January 1, 2017 start date, and a December 31, 2017 completion date. Table 3. Schedule by Ameudmcnt Mouth UCF will endeavor to provide PROJECT findings in a reasonable manner. Table 4 presents an anticipated schedule of deliverable dates for the amended work efforts, assuming a January 1, 2016 notice to proceed. � 1 � DELIVERABLE ITEM [ANTICIPATED DELIVERY DATE Task 301: Draft Report Preparation and Reviews October 15, 2017 Task 302: Final Report Preparation and Delivery December 15, 2017 IMMMOR Task 204: Post -Treatment Process Desk -Top Evaluation Task 301: Draft Report Preparation and Reviews UCF will endeavor to provide PROJECT findings in a reasonable manner. Table 4 presents an anticipated schedule of deliverable dates for the amended work efforts, assuming a January 1, 2016 notice to proceed. � 1 � DELIVERABLE ITEM [ANTICIPATED DELIVERY DATE Task 301: Draft Report Preparation and Reviews October 15, 2017 Task 302: Final Report Preparation and Delivery December 15, 2017 Page 286 of 522 Research Scope of Services 11-15-2016 [UNWITUrPTILTIFTF 1 The CITY will compensate UCF for the services based on a lump -sum fee paid in monthly installments for the duration of the project period. The Task cost breakdown for the project is presented in Table 3, and the Project will not exceed $86,977 for Project without prior mutual agreement of UCF and the CITY. I Task Description (See Scope for Details) Cost (S) 101 Project Management 2,200 102 Meetings and C�Tr➢mUnYeatiiDnS 1,750 Mileageffravel 4,101 201 Luta Collection and Compilation 16,605 202 Raw Mater & Pretreatment Chemical 1 Desk --'Top Evaluation 15,800 Chemical Analysis (laboratory) 9,700 Research Cons ables 3,800 r------- Membrane Process Desk -Top Evaluation- 15,931 ------20 204 Post -Treatment Process Desk -'Top Evaluation ------------ 14,100 301 Draft Report Preparation and Reviews 1,690 302 Final Report Preparation and Delivery 1,300 ®- Project Total X86,977 The following budget justification is provided in support of the research. Faculty Personnel. Salary support is requested for Dr. Duranceau (UCF's principal investigator) for a one-month release and Dr. Sadmani (co -principal investigator) for a half -month release for this research project. A total of $11,982 and $4,556, respectively, is requested. The salary calculation is based on the PI's current academic year contract. Other Personnel. Graduate research assistant (student) salary support for one student is requested for 12 calendar months at $18,250. An additional $2,880 is requested for one undergraduate student on -campus support. Fringe Benefits. The fringe rate is 28.95% for faculty, and 0.65% for students. Travel. Domestic travel funds are requested for this project for a total of $4,101 based on state -discounted utility truck and a per diem rate of $36 per person per day, and hotel room of $175 rate. Other Direct Costs for Research Consumables. For materials and supplies, funds in the amount of $4,605 are required to purchase research expendables for use in the field data collection tasks, and $9,700 for lab fees, an allocation of $200 to pay for shipment of water samples from the field to the lab. Other: Funds are requested to pay tuition for a portion of Spring 2017, Summer 2017, and Fall 2017 semesters for a graduate research assistant; a total of $10,119 is requested. F & A (Indirect Costs): Facilities and Administrative costs are calculated at the off -campus rate of 26% on a Modified Total Direct Cost basis, excluding tuition and fees. These charges are consistent with the federally negotiated rate agreements. 8 Page 287 of 522 Research Scope of Services 11-15-2016 CITY will provide the following information and services: o The CITY will provide access to the WTP site and will provide any modifications to existing contact name and phone numbers for communication purposes during normal working hours and off-line hours. o It is anticipated that the CITY will provide to UCF monthly operation reports (MOR's) for the WTP for the past year. The CITY will also provide the Florida Department of Environmental Protection (FDEP) Monthly Operating Reports (MORs) for the past two years. o The CITY will coordinate activities related to UCF's research involvement to determine site visit time and locations; the CITY and CONSULTANT will provide official representation at meetings where UCF is on-site with CONSULTANT and CITY staff or affiliated officials; meetings with UCF will not occur without the presence of the CITY project manager or official designee. o The CITY and CONSULTANT will provide personnel to assist and support research study. o UCF shall be entitled to rely upon the accuracy of data and information collected and provided by CITY, CONSULTANT and others without independent review or evaluation. UCF is not responsible for the means, methods, sequences, techniques or procedures of CITY, CONSULTANT or its Consultant, or for safety precautions and programs of these aforementioned entities. A quality assurance project plan (QAPP) documents the planning, implementation, and assessment procedures for a particular project, as well as any specific quality assurance and quality control activities. It integrates the technical and quality aspects of the project in order to provide a "blueprint" for obtaining the type and quality of environmental data and information needed for a specific decision or use. Adherence to the UCF laboratory QAPP will provide better assurance of the reliability and accuracy of the environmental data collected, evaluated, used, or reported in the course of this study. Sample collection and water quality analyses will be performed in strict accordance with Standard Methods for the Examination of Water and Wastewater and the Environmental Protection Agency's Methods for Chemical Analysis of Water and Wastes and Methods and Guidance for the Analysis of Water. Only approved protocols will be used during the sample collection and evaluation program. This includes use of parameter -specific holding times, container types, volumes, and preservative requirements. I Page 288 of 522 Research Scope of Services 11-15-2016 o Because of the nature of this study, certain assumptions have been made in preparing this Research Scope. To the extent possible, these assumptions are stated herein and are reflected in the budget for services. If the work tasks required are different from the assumptions presented herein or if the CONSULTANT and/or CITY desires additional research, the resultant changes in scope will serve as a basis for amending the research scope as agreed to by CONSULTANT, CITY and UCF. o If the research tasks required are different from those items presented herein, or if the CITY and CONSULTANT desires additional research, the resultant changes in scope will serve as a basis for amending the research scope as agreed to by the CITY, CONSULTANT and UCF. Additionally, UCF shall be entitled to rely upon the accuracy of data and information collected and provided by the CITY, CONSULTANT and others without independent review or evaluation. UCF is not responsible for the means, methods, sequences, techniques, or procedures of the CITY and/or CONSULTANT. The remainder of this page has been intentionally left blank. 10 Page 289 of 522 PUBLIC HEARING 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-001 - FIRST READING - Approve Riverwalk Future Land Use Map amendment (LUAR 16-003) from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. EXPLANATION OF REQUEST: The subject property covers most of the land within Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bob' formerly occupied by Winn Dixie. The proposed future land use map amendment and rezoning includes a master plan for a mixed use project with 326 apartments, 51,220 square feet of commercial space, public waterfront promenade and related site improvements on 9.78 acres. The project area includes the Wendy's Restaurant and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. Staff supports this request as justified by the analysis included in the accompanying application. The subject request is being processed concurrently with corresponding applications for Rezoning and Major site Plan Modification, Height Exception, and Community Design Plan Appeal. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 290 of 522 Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map REVIEWERS: Department Reviewer Development Mack, Andrew Assistant City Manager Groff, Colin Legal Cherof, Jim City Manager LaVerriere, Lori Description Ordinance ® Land Use Staff report Map Date 12/22/2016 ® 4:53 PM 12/22/2016 ® 3:11 PM 12/28/2016 ® 9:13 AM 12/28/2016 ® 11:11 AM Page 291 of 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A 9.78 +/- ACRES OF PROPERTY LOCATED GENERALLY SOUTHEAST OF THE INTERSECTION OF WOOLBRIGHT ROAD AND FEDERAL HIGHWAY AS MORE SPECIFICALLY DESCRIBED HEREIN TO CHANGE THE LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE CORE (MX -C); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted a Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, Isram Riverside, LLC has made application to reclassify a parcel of land, said land being more particularly described in Exhibit "A" from Local Retail Commercial (LRC) to Mixed Use Core (MX -C); and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and finds it in the best public interest to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. {00164606.2 306-90018211 Page 292 of 522 3 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 33 herein by this reference. 34 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 35 following: 36 That the Future Land Use of the land described and depicted in Exhibit "A" is 37 amended from Local Retail Commercial (LRC) to: MIXED USE CORE (MX -C) 38 Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, 39 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 40 Land Development Regulation Act. No party shall be vested of any right by virtue of the 41 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 42 including appeals, are exhausted. In the event that the effective date is established by state law or 43 special act, the provisions of state act shall control. 44 FIRST READING this day of , 2017. 45 SECOND, FINAL READING and PASSAGE this day of , 2017. 46 CITY OF BOYNTON BEACH, FLORIDA 47 48 YES NO 49 50 Mayor — Steven B. Grant 51 52 Vice Mayor — Mack McCray 53 54 Commissioner — Justin Katz 55 56 Commissioner — Christina L. Romelus 57 58 Commissioner — Joe Casello 59 {00164606.2 306-90018211 Page 293 of 522 60 61 62 63 64 65 66 67 68 69 70 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) {00164606.2 306-90018211 VOTE Page 294 of 522 71 {00164606.2 306-90018211 EXHIBIT "A" Page 295 of 522 TO: Chair and Members Planning and Devel pment Board THRU: Michael Ru Planning and Zoning Director j A J c�ROM: Hanna Matras, Senior Planner' DATE: October 13, 2016 PROJECT: Riverwalk LUAR 16-003 REQUEST: Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C), and rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. M., lllwtrflmsm��� Existing Land Use/ Zoning: Local Retail Commercial (LRC)/C-3 (Community Commercial District) Proposed Land Use/ Zoning: Mixed Use Core (MX-C)/MU-4 (Mixed Use 4 District) V�creage: 9.78 acrd's' Page 296 of 522 'rage 2 Riverwalk LUAR 16-003 North: Right-of-way for Woolbright Road and farther north, a developed commercial property (PBC bank) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); at the northeast, a developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: Undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay and zoned R-3, Multifamily Residential; at the southwest, a developed commercial property (McDonalds) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Fast: Right-of-way for the Intracoastal Waterway; farther east, developed residential properties in the Town of Ocean Ridge; West: Right-of-way for South Federal Highway; farther west, developed commecial property (Sunshine Square), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial). The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains a Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big box" formerly occupied by a Winn Dixie grocery store. The proposed future land use map amendment and rezoning, sought to allow a development of a mixed use project with 326 apartments and 51,220 square feet of commercial space, includes Wendy's and the multitenant building but excludes the properties occupied by Wells Fargo and Prime Catch. The recently approved, Boynton Beach Community Redevelopment Plan recommends the establishement of a new Mixed -Use Zoning District, MU-4.The staff-inated code review which creates MU -4 has been completed and is pending approval. The Major Site Plan Modifcation (MSPM 16-002), Height Exception application (HTEX 16-002) and a Community Design Appeal application (CDPA 16-002) are being processed concurrently. The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3: Page 297 of 522 Page 3 Riverwalk LUAR 16-003 a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request reflects an ongoing high demand for rental apartments. The Marcus & Millichap's 2016 Multifamily Investment Forecast stated: "The Palm Beach County apartment sector enters 2016 holding strong prospects of attaining lower vacancy and higher rents for the sixth consecutive year. A steady pace of hiring maintains a sizable pool of prospective renters, and a consistent flow of new V41t, Lprtwf 3 V 2 gr*Vi*Tg-a# wV& 0-nd a #Wn&Y to target (....)This year's production will finally lift apartment inventory above the peak level registered before removals for condo conversion took place before the economic downturn. " According to the company's multifamily market report for the second quarter of 201 the vacancy rate in Palm Beach County reached 4.0%, the lowest level of emp I apartments since 2005. The rental market is being upheld by "stable employment service -related positions supporting a large base of retirees, and gains in office jo commonly held by young professionals, with the latter group contributing to absorbtio of luxury rentals." The report notes that, over the last 12 months, the Boynto Beach/Delray submarket posted outsize rent growth of 8%, bringing the average rent t $1,530. Bringing residential use of a considerable density to the subject location is a[ supported by: Its proximity to downtown (one mile south from Boynton Beach Boulevard). Densi increases in areas on the fringes of downtown would further support creation critical mass of downtown -focused residents, potential customers of downto commercial and entertainment venues. Population growth within the downtown an surrounding neighborhoods is an essential foundation for a dynamic urba environment. Furthermore, the density increases would also support establishme of a second Tri -Rail Coastal Link commuter station at Woolbright Road, which ma be considered in the future. Its proximity to the Downtown Transit -Oriented Development District (DTODD., Although not within the DTODD, the site is less than one-half mile from the District', boundary. High density/intensity development on lands adjacent to Fede Highway and Woolbright Road intersection will contribute to the functionality of th station and may eventually—as mentioned above—warrant a second Coastal Lin stop at that location. These were the chief arguments underpinning the new recommendations for the area included in the updated CRA Community Redevelopment Plan (henceforth referred to as the "CRA Plan") and adopted by the City Commission on October 4, 2016 (see K Page 298 of 522 In Page 299 of 522 Page 5 Riverwalk LUAR 16-003 Polid 1.82d (Future Land Use Element) under Objective 1. 8, is discourages urban sprawl. Given that the City is almost built out, and thus lacks large, undeveloped tracks of land, the policies under this objective focus on compact, non - strip development and a cost-efficient use of public services. The policy states: "The City shag further discourage urban sprawl by, Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Please note that the location of the property also makes it subject to policies of the Coastal Management Element (CME). These policies represent the effort to guide development and redevelopment along the coast while balancing •"#• natural desire to live on the water with a need to protect the community from future storm threats. Of a particular concern is the Coastal High -Hazard Area (CHHA): in the areas with the subject designation, the CME' policies place explicit restrictions on density increases and commit the City to actions that would further minimize concentrations of at -risk population. Although the site is not located within the CHHA, most of it is nevertheless identified on the FEMA Flood Insurance Map as a Special Flood Hazard Area (the SFHA is the area N Page 300 of 522 Page 6 Riverwalk LUAR 16-003 Since MU -4 would be a planned zoning district, it would be subject to the code's provision that requires the master plan/site plan to be submitted and reviewed concurrently with the application for rezoning (Chapter 2, Section 2.13.6). The code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. As submitted, the proposed master plan/site plan includes a building height that exceeds the maximum permitted height in the new MU -4 zoning district and does not comply with the proposed build -to line standards for Woolbright Road. The applicant submitted a Height Exception application for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements that extend to 105 feet. The maximum building height in the MU -4 zoning district is 100 feet. The applicant also submitted a Community Design Appeal to deviate from the build -to - line requirement for Woolbright Road of zero through fifteen (15) feet to setback the building 139 feet. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classcations, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. jimaLill-A MOROI I ev-IM-4-9111 - L development intensi . This is a goal of the CRA Plan, at the core of all its recommendations. The statement above does not portend that the proposed actions would result in a development significally inconsistent with the established land use pattern, since the said pattern is eclectic: the areas in the vicinity already contain multifamily, mixed use and commercial buildings. Furthermore, all are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away within the neighboring jurisdiction. The maximum density allowed in the proposed MU -4 Zoning District is 60 dwelling units per acre, or 20 dwelling units per acre lower than the maximum of 80 dwelling units per acre allowed in the Mixed Use Core FLU classification (and the actual density proposed for the project is much lower, at approximately 33 dwelling units per acre). Moreover: The Las Ventanas development on the northwest corner is classified Mixed Use; it carries the "old" Mixed Use Low zoning designation (effective prior to the 2004 code amendments) with the maximum density corresponding to the density threshold for MU -1_3 (40 units/acre). The built density is approximately 38 units/acre. R Page 301 of 522 Page 7 Riverwalk delmy, The two older multifamily projects adjacent to the northeast corner of Federal Highway and Woolbright Road are built with nonconforming densities. Bermuda Cay .2nd Snug Harbor have densities of 31.1 and 27 du/acre, respectively—well above 11 du/acre which is a maximum density permitted in their R-3 zoning. Finally, even though the proposed FLU and the MU -4 zoning district would temporarily create an "isolated" classification and zoning district, the adopted CRA Plan recommends the said FLU (renamed Mixed Use High) and MU -4 zoning for properties on all four comers of the Federal Highway and Woolbright Road intersection. Note that, in December of 2006, the Sunshine Square property on the southwest corner of Federal Highway and Woolbright Road was rezoned to a Mixed Use Low district (the zoning designation of Las Ventanas), and approved for a mixed use project with 576 dwelling units at 40 du/acre. The approval coincided with the beginning of the housing market collapse and thus the project was aborted. Subsequently, both the mixed use land use and zoning reverted to the previous Local Retail Commercial classiffication and C-3 designation, which was required to implement improvements on the property. d. Sustainabilitv. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainabifity initiatives, with an emphasis on 1) complementary lKnd uses, 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed land use amendment/ rezoning meets the definition of "sustainable" as supports a mixed use, high density infill development whose residents will have acce to public transit: the Palm Tran bus service along the US 1 corridor (a bus stop located in front of Wallgreens), and the TriRail Link commuter service with the plann station on Ocean Avenue less than a one mile away and, possibly in the future, with second station at Woolbright. As already stated, the CRA Plan recommends th IhJ proposed FLU and zoning for properties on all four corners of the Federal Highway an,�,'* Woolbright Road intersection to promote establishment of a secondary activity cent I (node) in this location. An increase in population—which the subject development woul generate—is needed to effectively support more commercial uses within this node an#, j,. allow for a second station in the future, when the critical ratio of housing units to jobs iS reached. e. Availat!� of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permittedunder the requested land use classification. 1,9P774 ffela, 7ne # n'77T ITI 7 77apaull , Yj Tor potaoie water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. VA Page 302 of 522 Page 8 Riverwalk w6idEfi aiklfA The Palm Beach County School District has approved Concurrency Application for the project. Traffic impact and capacity issues will be reviewed as part of the site plan. --arainage will be reviewed in detail as part of the site plan, land development, and 4)uilding permit review processes. f Compatib The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. development with a higher poten al ens y an a ler s ru u of the existing uses—is hardly an issue given that, as already stated, they are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away. There are no compatibility issues pertaining to the proposed mixed use, as the areas in the vicinity already contain multifamily, mixed use and commercial buildings. In recommending the proposed FLU classification and zoning district for properties at this intersection, the adopted CRA Plan recognizes that increasing the scale of redevelopment in the subject location—to an intensity higher than that of existing uses but below the intensity recommended for the downtown area—will in the long run be beneficial for both the neighborhood and the City as a whole. Staff is of the opinion it will have no short-term negative impact on property values of nearby properties and those values will evantually increase. g. Direct Economic Develoment Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: Page 303 of 522 Page 9 Riverwalk (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainabifity, (6) Be complementary to existing uses, thus fostering synergy effects, and 17 , ) Alleviate blightleconomic obsolescence of the subject area. A synergistic effect of the second high density mixed use project on the Federal Highway and Woolbright Road intersection would promote a sustainable commercial activity center at this node ("g.6creating a long-term value. h. Commercial and IndustfiaLLmAjyp2IK The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions. - (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezrIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. The proposed rezoning with the accompanying Master Plan would reduce the amount of land available for commercial development. However: I 01 Page 304 of 522 Page 10 Riverwalk LU AR 16-003 • It would create a mixed use project, retaining some commercial uses and adding a new commercial building; • The LRC classification and C-3 zoning it would replace allows for multifamily development under R-3 zoning site regulations (though such a development would be highly unlikely to happen on this site); • It would generate demand for commercial uses (retail/restaurants); and • So far, intensification of the commercial uses on the subject site has not been supported by the market (the "big box formerly occupied by Winn Dixie has remained vacant). i. Alternative Sites. Whether there are adequate site elsewhere in the it for the proposed use in zoning districts her such use is already allowed. As already noted in this report, the CRA Plan provides site-specific recommendations for future land use classifications. The subject site is located in the Federal Highway Corridor District (South); the Plan recommends the proposed FLU of Mixed Use Core (to be renamed Mixed Use High) and zoning for properties on all four corners of the Federal Highway and Woolbright Road intersection and specifically designates the area as a secondary activity node. The subject requests implement this recommendation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.I.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article I// and the site development standards of Chapter 4. As noted, the code review establishing the new MU -4 zoning district recommended by the CRA Plan and requested by the applicant is being processed concurrently, as is the request for Community Design Plan Appeal and a Height Exception Application (see the corresponding staff reports). As indicated herein, staff has reviewed the proposed future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the 2016 CRA Community Redevelopment Plan. The staffs recommendation for the approval of the subject request is contingent on the approval of the two concurent requests. rwllffl� �IV_A�y -TIT MATEX—AMWIVro MMM"MR–or-IM 16-003 Riverwalk Staff Report DRAFT 10-17-16.docx El Page 305 of 522 RIVERWALK LUAR 16-003 LOCATION MAP Legend FLU classifications LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) Max. 20 D.0/Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE (MX) CONSERVATION OVERLAY (C/O) 0 125250 500 750 1,000 Feet Page 306 of 522 M PUBLIC HEARING 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-002 - FIRST READING - Approve Riverwalk Rezoning (LUAR 16-003) from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments, 51,220 square feet of commercial space, public waterfront promenade, and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. EXPLANATION OF REQUEST: The subject property covers most of the land within Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The proposed rezoning includes a master plan for a mixed use project with 326 apartments, 51,220 square feet of commercial space, a public waterfront promenade and related site improvements. The project site includes Wendy's and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. Staff supports the subject application as justified by the conclusions of staffs analysis as indicated in the accompanying staff report. The subject request is being processed concurrently with corresponding applications for Land Use Amendment, Major Site Plan Modification, Height Exception, and Community Design Plan Appeal. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 307 of 522 Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map REVIEWERS: Department Reviewer Development Mack, Andrew Assistant City Manager Groff, Colin Legal Cherof, Jim City Manager LaVerriere, Lori Description Ordinance -Rezoning Staff Report Map Date 12/22/2016 ® 4:51 PM 12/22/2016 ® 8:11 PM 12/28/2016 ® 9:13 AM 12/28/2016 ® 11:10 AM Page 308 of 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A 9.78 +/- PARCEL OF LAND DESCRIBED HEREIN AND LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF FEDERAL HIGHWAY AND WOOLBRIGHT ROAD AND COMMONLY REFERED TO AS RIVERWALK PLAZA FROM COMMUNITY COMMERCIAL (C-3) TO MIXED USE 4 (MU -4); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 02-013 establishing an Official Zoning Map of the City; and WHEREAS, Isram Riverside, LLC. has made application to rezone a parcel of land, said land being more particularly described in Exhibit "A" from Community Commercial (C-3) to Mixed Use 4 (MU -4); and WHEREAS, the City Commission, following public notice, conducted public hearings as required by law, heard testimony and received evidence which supports rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved by the City Commission; and WHEREAS, the City Commission deems it in the best interests of the public to amend the City's Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated {00164609.2 306-9001821} Page 309 of 522 31 herein by this reference. 32 Section 2. The land described and depicted in Exhibit "A" is hereby rezoned 33 from Community Commercial (C-3) to Mixed Use 4 (MU -4). 34 Section 3. The City's Revised Zoning Map of the City shall be amended accordingly. 35 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 36 repealed. 37 Section 5. Should any section or provision of this Ordinance or any portion thereof 38 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 39 the remainder of this Ordinance. 40 Section 6. This ordinance shall become effective immediately upon passage. 41 42 ADOPTION AND SIGNATURE PAGE FOLLOWS {00164609.2 306-9001821} Page 310 of 522 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 FIRST READING: January , 2017. SECOND, FINAL READING AND PASSAGE: January , 2017. ATTEST: Judith A. Pyle, CMC City Clerk {00164609.2 306-9001821} CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 311 of 522 TO: Chair and Members Planning and Devel pment Board THRU: Michael Ru Planning and Zoning Director j A J c�ROM: Hanna Matras, Senior Planner' DATE: October 13, 2016 PROJECT: Riverwalk LUAR 16-003 REQUEST: Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C), and rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. M., lllwtrflmsm��� Existing Land Use/ Zoning: Local Retail Commercial (LRC)/C-3 (Community Commercial District) Proposed Land Use/ Zoning: Mixed Use Core (MX-C)/MU-4 (Mixed Use 4 District) V�creage: 9.78 acrd's' Page 312 of 522 'rage 2 Riverwalk LUAR 16-003 North: Right-of-way for Woolbright Road and farther north, a developed commercial property (PBC bank) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); at the northeast, a developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: Undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay and zoned R-3, Multifamily Residential; at the southwest, a developed commercial property (McDonalds) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Fast: Right-of-way for the Intracoastal Waterway; farther east, developed residential properties in the Town of Ocean Ridge; West: Right-of-way for South Federal Highway; farther west, developed commecial property (Sunshine Square), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial). The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains a Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big box" formerly occupied by a Winn Dixie grocery store. The proposed future land use map amendment and rezoning, sought to allow a development of a mixed use project with 326 apartments and 51,220 square feet of commercial space, includes Wendy's and the multitenant building but excludes the properties occupied by Wells Fargo and Prime Catch. The recently approved, Boynton Beach Community Redevelopment Plan recommends the establishement of a new Mixed -Use Zoning District, MU-4.The staff-inated code review which creates MU -4 has been completed and is pending approval. The Major Site Plan Modifcation (MSPM 16-002), Height Exception application (HTEX 16-002) and a Community Design Appeal application (CDPA 16-002) are being processed concurrently. The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3: Page 313 of 522 Page 3 Riverwalk LUAR 16-003 a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request reflects an ongoing high demand for rental apartments. The Marcus & Millichap's 2016 Multifamily Investment Forecast stated: "The Palm Beach County apartment sector enters 2016 holding strong prospects of attaining lower vacancy and higher rents for the sixth consecutive year. A steady pace of hiring maintains a sizable pool of prospective renters, and a consistent flow of new V41t, Lprtwf 3 V 2 gr*Vi*Tg-a# wV& 0-nd a #Wn&Y to target (....)This year's production will finally lift apartment inventory above the peak level registered before removals for condo conversion took place before the economic downturn. " According to the company's multifamily market report for the second quarter of 201 the vacancy rate in Palm Beach County reached 4.0%, the lowest level of emp I apartments since 2005. The rental market is being upheld by "stable employment service -related positions supporting a large base of retirees, and gains in office jo commonly held by young professionals, with the latter group contributing to absorbtio of luxury rentals." The report notes that, over the last 12 months, the Boynto Beach/Delray submarket posted outsize rent growth of 8%, bringing the average rent t $1,530. Bringing residential use of a considerable density to the subject location is a[ supported by: Its proximity to downtown (one mile south from Boynton Beach Boulevard). Densi increases in areas on the fringes of downtown would further support creation critical mass of downtown -focused residents, potential customers of downto commercial and entertainment venues. Population growth within the downtown an surrounding neighborhoods is an essential foundation for a dynamic urba environment. Furthermore, the density increases would also support establishme of a second Tri -Rail Coastal Link commuter station at Woolbright Road, which ma be considered in the future. Its proximity to the Downtown Transit -Oriented Development District (DTODD., Although not within the DTODD, the site is less than one-half mile from the District', boundary. High density/intensity development on lands adjacent to Fede Highway and Woolbright Road intersection will contribute to the functionality of th station and may eventually—as mentioned above—warrant a second Coastal Lin stop at that location. These were the chief arguments underpinning the new recommendations for the area included in the updated CRA Community Redevelopment Plan (henceforth referred to as the "CRA Plan") and adopted by the City Commission on October 4, 2016 (see K Page 314 of 522 In Page 315 of 522 Page 5 Riverwalk LUAR 16-003 Polid 1.82d (Future Land Use Element) under Objective 1. 8, is discourages urban sprawl. Given that the City is almost built out, and thus lacks large, undeveloped tracks of land, the policies under this objective focus on compact, non - strip development and a cost-efficient use of public services. The policy states: "The City shag further discourage urban sprawl by, Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Please note that the location of the property also makes it subject to policies of the Coastal Management Element (CME). These policies represent the effort to guide development and redevelopment along the coast while balancing •"#• natural desire to live on the water with a need to protect the community from future storm threats. Of a particular concern is the Coastal High -Hazard Area (CHHA): in the areas with the subject designation, the CME' policies place explicit restrictions on density increases and commit the City to actions that would further minimize concentrations of at -risk population. Although the site is not located within the CHHA, most of it is nevertheless identified on the FEMA Flood Insurance Map as a Special Flood Hazard Area (the SFHA is the area N Page 316 of 522 Page 6 Riverwalk LUAR 16-003 Since MU -4 would be a planned zoning district, it would be subject to the code's provision that requires the master plan/site plan to be submitted and reviewed concurrently with the application for rezoning (Chapter 2, Section 2.13.6). The code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. As submitted, the proposed master plan/site plan includes a building height that exceeds the maximum permitted height in the new MU -4 zoning district and does not comply with the proposed build -to line standards for Woolbright Road. The applicant submitted a Height Exception application for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements that extend to 105 feet. The maximum building height in the MU -4 zoning district is 100 feet. The applicant also submitted a Community Design Appeal to deviate from the build -to - line requirement for Woolbright Road of zero through fifteen (15) feet to setback the building 139 feet. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classcations, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. jimaLill-A MOROI I ev-IM-4-9111 - L development intensi . This is a goal of the CRA Plan, at the core of all its recommendations. The statement above does not portend that the proposed actions would result in a development significally inconsistent with the established land use pattern, since the said pattern is eclectic: the areas in the vicinity already contain multifamily, mixed use and commercial buildings. Furthermore, all are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away within the neighboring jurisdiction. The maximum density allowed in the proposed MU -4 Zoning District is 60 dwelling units per acre, or 20 dwelling units per acre lower than the maximum of 80 dwelling units per acre allowed in the Mixed Use Core FLU classification (and the actual density proposed for the project is much lower, at approximately 33 dwelling units per acre). Moreover: The Las Ventanas development on the northwest corner is classified Mixed Use; it carries the "old" Mixed Use Low zoning designation (effective prior to the 2004 code amendments) with the maximum density corresponding to the density threshold for MU -1_3 (40 units/acre). The built density is approximately 38 units/acre. R Page 317 of 522 Page 7 Riverwalk delmy, The two older multifamily projects adjacent to the northeast corner of Federal Highway and Woolbright Road are built with nonconforming densities. Bermuda Cay .2nd Snug Harbor have densities of 31.1 and 27 du/acre, respectively—well above 11 du/acre which is a maximum density permitted in their R-3 zoning. Finally, even though the proposed FLU and the MU -4 zoning district would temporarily create an "isolated" classification and zoning district, the adopted CRA Plan recommends the said FLU (renamed Mixed Use High) and MU -4 zoning for properties on all four comers of the Federal Highway and Woolbright Road intersection. Note that, in December of 2006, the Sunshine Square property on the southwest corner of Federal Highway and Woolbright Road was rezoned to a Mixed Use Low district (the zoning designation of Las Ventanas), and approved for a mixed use project with 576 dwelling units at 40 du/acre. The approval coincided with the beginning of the housing market collapse and thus the project was aborted. Subsequently, both the mixed use land use and zoning reverted to the previous Local Retail Commercial classiffication and C-3 designation, which was required to implement improvements on the property. d. Sustainabilitv. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainabifity initiatives, with an emphasis on 1) complementary lKnd uses, 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed land use amendment/ rezoning meets the definition of "sustainable" as supports a mixed use, high density infill development whose residents will have acce to public transit: the Palm Tran bus service along the US 1 corridor (a bus stop located in front of Wallgreens), and the TriRail Link commuter service with the plann station on Ocean Avenue less than a one mile away and, possibly in the future, with second station at Woolbright. As already stated, the CRA Plan recommends th IhJ proposed FLU and zoning for properties on all four corners of the Federal Highway an,�,'* Woolbright Road intersection to promote establishment of a secondary activity cent I (node) in this location. An increase in population—which the subject development woul generate—is needed to effectively support more commercial uses within this node an#, j,. allow for a second station in the future, when the critical ratio of housing units to jobs iS reached. e. Availat!� of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permittedunder the requested land use classification. 1,9P774 ffela, 7ne # n'77T ITI 7 77apaull , Yj Tor potaoie water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. VA Page 318 of 522 Page 8 Riverwalk w6idEfi aiklfA The Palm Beach County School District has approved Concurrency Application for the project. Traffic impact and capacity issues will be reviewed as part of the site plan. --arainage will be reviewed in detail as part of the site plan, land development, and 4)uilding permit review processes. f Compatib The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. development with a higher poten al ens y an a ler s ru u of the existing uses—is hardly an issue given that, as already stated, they are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away. There are no compatibility issues pertaining to the proposed mixed use, as the areas in the vicinity already contain multifamily, mixed use and commercial buildings. In recommending the proposed FLU classification and zoning district for properties at this intersection, the adopted CRA Plan recognizes that increasing the scale of redevelopment in the subject location—to an intensity higher than that of existing uses but below the intensity recommended for the downtown area—will in the long run be beneficial for both the neighborhood and the City as a whole. Staff is of the opinion it will have no short-term negative impact on property values of nearby properties and those values will evantually increase. g. Direct Economic Develoment Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: Page 319 of 522 Page 9 Riverwalk (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainabifity, (6) Be complementary to existing uses, thus fostering synergy effects, and 17 , ) Alleviate blightleconomic obsolescence of the subject area. A synergistic effect of the second high density mixed use project on the Federal Highway and Woolbright Road intersection would promote a sustainable commercial activity center at this node ("g.6creating a long-term value. h. Commercial and IndustfiaLLmAjyp2IK The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions. - (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezrIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. The proposed rezoning with the accompanying Master Plan would reduce the amount of land available for commercial development. However: I 01 Page 320 of 522 Page 10 Riverwalk LU AR 16-003 • It would create a mixed use project, retaining some commercial uses and adding a new commercial building; • The LRC classification and C-3 zoning it would replace allows for multifamily development under R-3 zoning site regulations (though such a development would be highly unlikely to happen on this site); • It would generate demand for commercial uses (retail/restaurants); and • So far, intensification of the commercial uses on the subject site has not been supported by the market (the "big box formerly occupied by Winn Dixie has remained vacant). i. Alternative Sites. Whether there are adequate site elsewhere in the it for the proposed use in zoning districts her such use is already allowed. As already noted in this report, the CRA Plan provides site-specific recommendations for future land use classifications. The subject site is located in the Federal Highway Corridor District (South); the Plan recommends the proposed FLU of Mixed Use Core (to be renamed Mixed Use High) and zoning for properties on all four corners of the Federal Highway and Woolbright Road intersection and specifically designates the area as a secondary activity node. The subject requests implement this recommendation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.I.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article I// and the site development standards of Chapter 4. As noted, the code review establishing the new MU -4 zoning district recommended by the CRA Plan and requested by the applicant is being processed concurrently, as is the request for Community Design Plan Appeal and a Height Exception Application (see the corresponding staff reports). As indicated herein, staff has reviewed the proposed future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the 2016 CRA Community Redevelopment Plan. The staffs recommendation for the approval of the subject request is contingent on the approval of the two concurent requests. rwllffl� �IV_A�y -TIT MATEX—AMWIVro MMM"MR–or-IM 16-003 Riverwalk Staff Report DRAFT 10-17-16.docx El Page 321 of 522 RIVERWALK LUAR 16-003 LOCATION MAP Legend FLU classifications LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) Max. 20 D.0/Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE (MX) CONSERVATION OVERLAY (C/O) 0 125250 500 750 1,000 Feet Page 322 of 522 9.C. PUBLIC HEARING 1/3/2017 REQUESTED ACTION BY COMMISSION: Approve request for Riverwalk Plaza (CDPA 16-002) Community Design Plan Appeal of Chapter 2, Article III, Section 4.13.3, "Build -to -line", requiring buildings along Woolbright Road to be constructed within a build -to -line of 0 to 15 feet to allow a setback of 139 feet. Applicant: Shaul Rikman, Isram Riverwalk, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING APPLICATION ITEMS. EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The application submitted for Community Design Appeal is pursuant to the Land Development Regulations (LDR) Chapter 2, Article II, Section 413.3 "Build -to -line", which requires buildings to be constructed along the roadway frontages with a build -to -line range of 0 to 15 feet. Approval may be granted by staff of up to a 15 foot setback in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating area. However, as described within staffs analysis, compliance with the intent of the LDR is complicated by site characteristics, the location of the Prime Catch Restaurant between the subject property and Woolbright Road, and the significant grade change of Woolbright Road for the Intracoastal Waterway Bridge. Consequently, the residential building is proposed to be located outside of the build -to -line which warrants the filing of this appeal request. Staff supports the subject request for the above -stated reasons, in connection with the provision of enhanced public access routes leading to the building and waterfront promenade. The Land Use and Rezoning application (LUAR 16-003), Major Site Plan Modification (MSPM 16-002), and Height Exception application (HTEX 16-002) are being processed concurrently. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Page 323 of 522 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Type D Staff Report D Location Map D Drawings D her D Conditions of Approval D Development Order REVIEWERS: Description Staff Report Location Map Master Plan Justification Statement from Application Conditions of Approval Development Order Department Reviewer Action Date Development Mack, Andrew Rejected 12/22/2016 ® 4:30 PM Planning & Zoning Rumpf, Michael Approved 12/22/2016 ® 5:50 PM Development Mack, Andrew Approved 12/22/2016 ® 6:12 PM Assistant City Manager Groff, Colin Approved 12/22/2016 ® 3:11 PM Finance Howard, Tim Approved 12/24/2016 ® 8:41 AM Legal Cherof, Jim Approved 12/28/2016 ® 9:09 AM City Manager Howard, Tim Approved 12/28/2016 ® 9:42 AM Page 324 of 522 0 • IYAW1104• TO: Chair and Members Planning andevel ment Board and City Commission TU: Michael umpf Planning and Zoning Director FROM: Amanda Bassiely Senior Planner — drtan Designer 1` December .*�IROJECT: Riverwalk Plaza -` 00 SectionREQUEST: Approve request for a Community Design Appeal of Chapter 2, Article 11, -line", requiring buildings tr be constructed with a build-to- line Property Owner: Isram Riverwalk, LLC Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. Location: 1532 South Federal Highway (Exhibit "A") Site Details: The applicant has submitted development applications for a Land Use Amendment and Rezoning, Major Site Plan Modification, Community Design Appeal and Height Exception for a mixed-use project known as Riverwalk Plaze, which proposes a one-story 4,666 sq. ft commercial building, a renovation of an addition to a 41,970 sq. ft. one-story commercial building, and a new ten -story residential building with 326 rental units. The proposed site plan shows the placement of the two commercial structures along South Federal Highway and the residential building along the Intracoastal Waterway. NATURE OF REQUEST Steven S. Wherry is requesting approval of a Community Design Appeal of Chapter 2, Article II, Section 4B.3 "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet. The build -to -line is the placement of a building wall in a precise location in proximity to the corresponding property line (versus "building setback" which is commonly regulated with a minimum dimension standard). Page 325 of 522 Riverwalk Plaza (CDPA 16-002) Memorandum No PZ 16-051 Page 2 The application submitted for Community Design Appeal is pursuant to the Land Development Regulations (LDR) Chapter 2, Article Il, Section 4B.3 "Build -to -line", which requires buildings to be constructed along the roadway frontages with a build -to -line range of 0 to 15 feet. Approval may be granted by staff of up to a 15 foot setback in order to 9) optimize landscape design; 2) maximize on-site drainage solutions, 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating area. However, as described, the residential building is proposed to be located outside of the build -to -line, and accordingly, is the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit "C") dated April 26, 2016 addressing each of the following review criteria for such applications: a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions, t) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed building site totals 426,257 square feet or 9.78 acres, with Woolbright Road to the north, South Federal Highway to the west, and the Intracoastal Waterway as the eastern boundary. The proposed mixed use development is comprised of four (4) different structures including a new residential building with an integrated parking structure and commercial space, a new commercial building, a renovated commercial building and an existing building occupied by a fast-food restaurant. As shown on the Master Plan (sheet AS -101), the boundary of the site is irregular and excludes two parcels which directly front Woolbright Road. The two parcels which are not included in this redevelopment proposal are occupied by the Wells Fargo Bank and Prime Catch restaurant. The strict application of the build -to -line requirements, in this instance, would limit or Page 326 of 522 Riverwalk Plaza (CDPA 16-002) Memorandum No PZ 16-051 Page 3 V W WON 0 0 PeUeSU-1an Alain irom ine will be cladded with art displays to provide an enhanced route to the urban plaza • •. Waterway promenade. U19!iO3MI=Ij Staff has reviewed this request for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for Land Use Amendment & Rezoning, New Site Plan, and Height Exception, and satisfying all comments indicated in Exhibit "D" — 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\WPNPROJECTS\Riverwalk File Folder\Riverwalk CDPA 2\CDPA 16-002 Staff Report.doc Page 327 of 522 Exhibit A: Location Map A 0 65130 260 390 520 Feet Page 328 of 522 lo Exhibit B1: Master Plan Z mi HHaNa :3 Hw4zo o z aopoN CD � e (D � y � zoo-om v➢� � Q � =N w ; o � = w v�- w� Q s o u'i�R �p pra o33< lo w Z mi HHaNa :3 Hw4zo o z aopoN � e (D � y � zoo-om v➢� � Q � =N w ; o � = w lo w Z i I J w Z J s o u'i�R �p pra o33< z a � - a a aaa a pada a --m mmmm r€9 az g - o_ o - - H z O a< o � ao yyp000 �pa> Unm og=� z g w o e >w-u =000,p��o =op�oa e e oLL��oo �_. LU w o'-=rpx=ospaw J .opW�o�oo �wa��5m (n s 0 a e z � � ooWpop o _ pFoaFzo o wop a w wN=ya « s Exhibit C: CDAP Justification From the desk of: Steven S. Wherry, Esq. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Phone: 954.491.1120 Fax: 954.771,9264 Direct Phone: 754.200.7017 Direct Fax: 954,333.4157 Email: steven.wherry@gmlaw.corn Community Design Appeal Request: The Applicant is requesting a deviation from the build -to line requirement along Woolbright Road. The intent of the build -to line deviation is to allow the Applicant to develop an incremental improvement to the existing site that has existing uses and required parking adjacent to the right-of-way that cannot be removed due to long term leases. The Applicant is meeting the build -to -line along Federal Highway with a new building, outdoor dining areas and a canopy that covers the existing Walgreens drive-through. The land within the Applicants ownership along Woolbright Road is currently encumbered with existing access drives, Wendy's restaurant and associated parking which prevent compliance with the build -to line requirements. The existing Wendy's lease, with renewals, extends to 2037, The Applicant's request is consistent with the Community Design Appeal Review Criteria as documented below. a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan A deviation from the build -to line requirements will allow the redevelopment plan to include a public plaza and related amenities along the Intracoastal Waterway. Strict construction of the build -to line in the present application would result in building footprint placement and site configuration such that the public plaza amenities would not be possible. The public plaza will establish new public access to the Intracoastal Waterway, an important community resource, and a feature that differentiates the City of Boynton Beach from other municipalities that do not have waterfront access. Additionally, opening up public access to the Intracoastal Waterway and establishing a public plaza creates an opportunity for public events that activate the site and create the possibility for Water Taxi connectivity to other nearby areas, such as the Las Ventanas mixed use development and other exciting destinations within the Boynton Beach Arts District. These factors undergird and give form to the numerous comprehensive plan goals, objectives, and policies enumerated below. Boca Raton I Ft, Lauderdale I Las Vegas I Miami I Miami Beach I New York I Orlando I Port St. Lucie I Tallahassee I Tampa I West Palm Beach 26083136vl Page 330 of 522 Moreover, strict application of the build -to line requirements in the present instance would tend to produce the appearance of a hulking, massive structure given that the zero -foot build -to line would apply to frontage along Federal Highway, Woolbright Road, and the Intracoastal Highway, thereby greatly impacting neighboring access to light and air. The proposed redevelopment plan preserves attractive view corridors into and through the site, helping to promote the human scale of the design and overall project. Deviating from strict application of the build -to line requirements allows the redevelopment plan to include more compact structure design, an important and distinctive element consistent with the benefits of mixed-use development — one which discourages urban sprawl in all its forms. The proposed request is consitent with the Comprehensive Plan because it complies with a variety of goals, objectives and policies as eneumerated below. Specific elements of the goals, objectices and policies that are reflected in the development plan are underlined for clarity. The proposed request to deviate from build -to line requirements complies with the following goals, objectives, and policies of the Future Land Use Element of the City's Comprehensive Plan: 1. GOAL I Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resources. 2. Objective 1.1 Land development and future land uses shall continue to be coordinated with the provision of the following facilities and services, concurrent with the needs of the existing and future land uses, and consistent with the adopted minimum levels of service standards contained in this Comprehensive Plan: 1. Roadways 2. Potable Water 3. Sanitary sewer 4. Solid Waste 5. Stormwater Drainage 6. Recreation and 0 ffen Sgqce 7. Public School Facilities 3. Objective 1.3 Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Building Code and subdivision regulations. Page 331 of 522 Policy 1.3.1 The City shall continue to implement the Future Land Use Plan in accordance with the following descriptions of land use categories and designations. The uses, densities and intensities shall be the maximums allowed, but shall not indicate that those maximums are necessarily allowed in a land use category or zoning district. The land development regulations or other provisions of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. d. Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow cc�ific �m hie areas of the City that take maximum advantage of existing utility systems and services; and promote coMpact developme , safe and pedestrian - friendly streets, and provide transportation choices. 4. Policy 1.3.2 The City shall continue to administer land development regulations that address and regulate the following: a. All land uses identified on the Future Land Use Map; b. The coordination of future land uses with the appropriate topography and soil conditions; c. Compatibility of adjacent land uses and buffering and screening of uses; d. The subdivision of land; e. Signage; f. Areas subject to seasonal or periodic flooding and provisions for drainage and stormwater management; g. The protection of environmentally sensitive lands, water wellfields and aquifer recharge areas; h. Access Management; i. On-site vehicular circulation, parking lots and loading areas designed and sized to provide the maximum reasonable degree of safetyand convenience, j. TheDrovision of open space; k. The protection of known and discovered archaeological sites; 1. The identification, documentation, and preservation of historic and cultural resources; in. The protection of natural resources; and, n. The availability of facilities and services at adopted levels of service concurrent with the impacts of development. Page 332 of 522 M W � lrwrkglznkq�� 5. Objective 1.4 The City shall encourage innovative land development regulations that implement this Comprehensive Plan. Policy 1.4.2 The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainabi initiatives. Ab lity 6. Objective 1.7 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area, This includes areas east of 1-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. Policy 1.7.3 The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. 7. Objective 1.8 The City shall discourage the proliferation of urban sprawl and shall facilitate a compact urban development patte that provides opportunities to more efficiently use and develop infrastructure, land, and other resources and services by concentrating more intensive growth within the City and the City's utility service area. Policy 1.8.2 The City shall further discourage urban sprawl by; A. Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compac developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. t. Objective 1.18 The City shall encourage transit -supportive land development patterns to promote multi -modal transportation and increased mobilfty. Page 333 of 522 �* �*# � 001 I W.T 0XIIIIISISSIM Policy 1. 18.2 The City shall aim to transform the Downtown TOA District area into an active, mixed-use, pedestrian -friendly activit zone, supporting new housing to • intensif ying land destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high_density and intensily development of a varied mix of land uses. d. The City shall ensure that new development contributes to the creation of an enhanced pedestrian environment through well - located public plazas, expanded public sidewalks, and pedestrian - scaled street and block structure for maximized internal and external connectivity. The proposed request to deviate from build -to line requirements complies with the following goals, objectives, and policies of the Transportation Element of the City's Comprehensive Plan: Goal 2 To develop and maintain a transp• • • ortation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes multimodal transportation pplions, such as walki , bicycling, and transit. 2. Objective 2.4 The City shall develop and maintain a safe, convenient, multimodal tr including walkin , bicycling, and public transit, which will meet future as well as current transportation needs, particularly within the TCEA and the CRA. 3. Policy 2.4.12 The City shall promote a choices within the Community Redevelopment Area (CRA) by supporting the following design features for streets within the TCEA boundaries: low speed turning radii; new continuous and permanent on -street parking; pedestrian -scaled lighting; narrow travel lanes; curb extensions or bulb outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalks., installation of bicycle lanes; and use of brick crosswalks. 4. Policy 2.4.15 The City shall investigate the the Palm Beach water taxi service to include stops in Boynton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops when the service is determined to be feasible in the southern portions of Palm Beach County. Page 334 of 522 5. Policy 2.4.17 The City shall strive to adapt its transportation network to accommodate the anticipated passenger rail service on the FEC Corridor, with a new station in the City's CRA. To implement transit - oriented development and provide superior access to the future downtown station, the City shall plan for: a. "Complete streets", accommodating all modes of transportation (automobile as well as pedestri , bicycle, and transit), to be interconnected with surrounding developments and neighborhoods within the Downtown TOD District. b. Short blocks that will allow for an interconnected roadway network to be created over time, with new streets, alleys an pedestrian passageways to ensure that blocks are easily walkable to maximize pedestrian and bicycle access to the future station from the Downtown TOD District and beyond. c. Pedestrian- and bicycle -friendly design standards for new streets and for retrofitting existing streets to match their new function. 6. Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements, including bicycle, pedestrian, and public transit infrastructure, particularly within the TCEA. 7. Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/ pfinate partnerships (e.g. Transportation Management Associations and/or Parking Management Associations). 8. Policy 2.7.6 By 2006, the City shall develop transportation system management strategies to more effectively manage the transportation system including, but not limited to, parking management strategies, signal timing coordination, and progr s that increase walking and/or bicycling. 9. Policy 2.10.3 The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements. 10. Objective 2.11 The City shall continue to assist Palm Tran in providing efficient pulific tri sit services based on existing and future 4q�_ Page 335 of 522 trip generators and attractors and also provide local public transit road and terminal areas which are safe for transit users. 11. Policy 2.11.1 The City shall support the transit shelter and terminAmIl development programs of Palm Tran, the proposed High Sp- P#,- Project and of the Tri -Rail Authority. I 12. Policy 2.11.2 The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development project . 13. Policy 2,11.5 As part of the transit study in Policy 2.4.10 and in cooperation with Palm Tran, the City shall evaluate transit service within the CRA boundaries and identify needs for route realignments and/or bus stop improvements such as well-designed shelters, bicycle parking, route information, benches, waste receptacles, pedestrian access to stops/shelters or the need for new bus stops. Based upon. the conclusions of the transit study, the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. The proposed request to deviate from build -to line requirements complies with the following goals, objectives, and policies of the Recreation and Open Space Element of the Citys Comprehensive Plan: 1. Goal 5 To create and maintain an interconnected system of aesthetically pleasing, functional, and well-maintained harks, pedestrian/ bikeways, greenways, bluewqys and natural areas that will adequately serve the needs of the current and future residents of the City of Boynton Beach, including seasonal visitors, and special groups such as the elderly and handicapped. The City shall also continue to provide a variety of high quality parks and recreation related programs for all residents. 2, Objective 5.1 The City shall provide a system of park sites with a variety of both user -oriented and resource based facilities and recreational programs to serve the needs of current and future City residents consistent with the Strategic Plan, dated April 2007 as defined in the Technical Support Documentation. Elements of the system shall include: • Urban Open / Civic Space • Neighborhood Parks • Community Parks • Special Use Facilities Page 336 of 522 1 9 • Water / B , each Access • Greenways / Bikeways / Trails s • Conservation Lands 'Tra 1 • Regional Parks • Schools / School Parks • Private Recreational Facilities 'i I • Art in Parks and other Public S ac ] 3. Objective 5.2 The City shall ensure adeguate and safe public access to all existing and future City parks, recreational facilities, and local waterways. This effort shall include vehicular, pedestrian, trail, bicycle, and handicapped access and shall continue to improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and community parks operated by the City by the year 2013. 4. Objective 5.4 The City shall maximize the use of public and private resources in the provision of recreational facilities to meet current and future demands. Policy 5.4.1 The City shall require the provision of recreation faciliti and open space by public agencies and private developers. i Policy 5.4.2 City shall ensure that future private, as well as ded at dre icA areas, are developed to meet identified needs of residents and ad g2oglWhic deficiencies. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The intent of the Riverwalk Plaza redevelopment plan is to utilize an existing blighted site located in the CRA and improve it within the context of its existing conditions. The Property is constrained by an existing long term lease with Wendy's that prevent Isram from demolishing all the existing building. The Wendy's lease extends to 2037, including all renewal options. Israrn proposes to improve the existing parking field behind the Wendy's parcel to improve the traffic flow and aesthetics of the Property. The Property will be greatly enhanced with new code compliant parking, improved landscaping, clearly delineated pedestrian paths as well as new shade structures and a public plaza along the Intracoastal. The Federal Highway frontage as well as the new public plaza area along the Intracoastal Waterway will be a focal point for public art. Because the site encompasses almost 10 acres along the entire comer of intersection, the character of all Page 337 of 522 of the improvements and new construction will establish a sense of place and enhance the character of the area. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The purpose of the build -to line is to enhance the areas immediately adjacent to the rights-of-way for the public and pedestrians to experience as they drive by and walk the area. The intent is to also screen other non-active uses such as parking areas. To comply with this standard, a new commercial building will be constructed along the Federal -areas public artwork, and landscaping to create a perimeter that not only greatly improves the right-of- way views, but also screens the required parking. These structures will frame the streetscape and contribute to a well-defined, consistent visual corridor that encourages walkability and activity along its length. Allowing this design will provide for a betterment of the Property for the public because clearly marked pedestrian paths will lead to a public boardwalk that is included in the redevelopment plan. Currently the public has little opportunity to access the Intracoastal Waterway from the Property because a vacant big -box consumes most of the Property's frontage along the Intracoastal and the rear of the big box which is seen from the Intracoastal is an eyesore. The redevelopment plan provides for public access through a public boardwalk which will provide a public benefit to the residents of the development and the citizens of Boynton Beach. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. A tree survey was submitted with the site plan noting all significant trees and landscaping on site. The site has relatively few significant trees given the size of the site, and the parking areas currently do not meet the intent of the code as it relates to landscaping. The Riverwalk Plaza redevelopment proposal will preserve any significant trees and flora where possible but will greatly enhance the site with additional code compliant landscaping that will be designed in conjunction with the new residential structure and enhanced pedestrian and vehicular areas. ,J) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and The primary reason for the request to deviate from the build -to line is becau" ul there are existing leases and code required parking serving those tenants that ha long term leases. Based on lease provisions, the location of these spaces cann Page 338 of 522 be relocated and the number of spaces required precludes them from beirM removed. In addition, additional buildings would add to the required parking. wait for the existing leases to expire would prevent the entire project from bei incrementally improved. If the Applicant is prevented from implementing I redevelopment plan, the CRA and City residents will be left with a dilapidat undermilized center that will inhibit the redevelopment of the surrounding area. (2) Whether it is not feasible to transplant the trees to anoth location on the subject site considering the following: 1) shape a dimensions of the real property; 2) location of existing d infrastructure improvements; and 3) size, age, health, a species of trees sought to be protected. Any healthy, non-invasive trees shall either remain in place or be transplanted to another suitable location. Any other trees that are removed for any other reason shall be replaced according to the City Code requirements. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. The site does not contain any environmentally significant characteristics. There will be no adverse impacts with the implementation of the redevelopment plan. E Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. There will be no adverse impacts on the adjacent properties. By improving the Property and adding new a residential component that will help support the nearby commercial uses and activate the street frontage, the redevelopment plan supports the CRA plan, and all surrounding property values in the area will increase as a result of the redevelopment. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. There will be no appreciable impact of light and air to adjacent properties due to the setback of the new proposed residential building. The main new structure sits to the east end of the site thereby shadowing only the Property itself during the morning hours. To the north is a parking area and Woolbright Road. To the east is the Intracoastal Waterway and the properties across the waterway are approximately 400 feet away. A shadow study has been provided to show the shadow during the equinoxes. The residential building is designed to stepback from the Intracoastal Water -way to minimize the shadows to the east. Page 339 of 522 023MEEM lirI&ONSMO h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. The site is underutilized today with a large "big box" that is primarily vacant d"3 to the loss of Winn Dixie. This coupled with a largely •underutilized surfa parking lot creates a blighted area with little economic value. By adding significant amount of residents to the area, economic viability of the near commercial and retail uses will be improved. Renovating the existing Jo Fabric/Walgreens building will improve its aesthetic value and will farth enhance the economic viability of those and surrounding businesses. Addi structures and landscaping • along the rights-of-way will dramatically improve t comer of Federal and p Woolbright and will hel•repair the fab o• ric of the city in t lcation. i. Whether the proposed request meets the purpose and intent of thes-? regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The redevelopment plan meets the intent of these regulations and supports development standards such as sustainable strategies by creating] a more walkab and transit supportive environment, adding trees and landscaping to help redu the heat island effect, adding native landscaping to reduce water consumption a reinvigorating an existing, underutilized site. Page 340 of 522 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Riverwalk Plaza File number: CDPA 16-002 Reference: Review Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 4.13.3. "Build -to -line", which requires buildings be constructed with a build -to -line of 0 to 15 feet. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. Page 341 of 522 Riverwalk Plaza (CDPA 16-002) Conditions of Approval Page 2of2 C:\Users\ParkerA\Desktop\dverwalk\STAFF REPORT\CDPA 16-001 COA.docx Page 342 of 522 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Riverwalk Plaza (CDPA 16-002) APPLICANT: Shaul Rikman/ Isram Riverwalk, LLC APPLICANT'S ADDRESS: 506 South Dixie Highway, Hallandale, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 17, 2017 APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 4.13.3, "Build -to -line", which requires buildings be constructed with a build -to -line of 0 to 15 feet. LOCATION OF PROPERTY: 1532 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk C:\Users\ParkerA\Desktop\riverwalk\STAFFREPORT\CDPA 16-001 DO.doc Page 343 of 522 I PUBLIC HEARING 1/3/2017 REQUESTED ACTION BY COMMISSION: Approve request for Riverwalk Plaza (HTEX 16-002) Height Exception to allow the stair towers and decorative architectural features of the Riverwalk Plaza mixed use project to be constructed at 105 feet, 5 feet above the maximum allowable height of 100 feet in the MU -4 (Mixed Use -4) zoning district. Applicant: Shaul Rikman, Isram Riverwalk, LLC THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATEAS ACTION IS TO BE TAKEN ON THE CORRESPONDING APPLICATION FOR LAND USEAMENDMENTAND REZONING. EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The application submitted for Height Exception approval is for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements. The maximum building height in the new MU -4 zoning district is 100 feet. The elevations (see Exhibit "B" — Sheets AS -201 & AS -202) show that the building would be constructed utilizing a parapet wall, with the actual roof deck at a height of 95 feet. The code indicates building height for structures with flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However, as noted above, the stair towers and decorative architectural elements exceed the maximum allowable height of the zoning district, thus the application for a Height Exception of five (5) feet has been submitted for those specific features, in conjunction with the other previously noted applications for development approval. Staff finds that the portion of the roof that deviates from the maximum height is minimal, and would not represent habitable space. Also, the tallest elements on the project are over 290 feet from the nearest residential land uses, over 230 feet from the Intracoastal Waterway, over 400 feet from Federal Highway, and approximately 580 feet from the residential properties in Ocean Ridge thereby allowing staff to confidently opine that the proposed height exception would have no negative impact on surrounding properties. The Land Use and Rezoning application (LUAR 16-003), Major Site Plan Modification (MSPM 16-002), and Community Design Appeal (CDPA 16-002) are being processed concurrently. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 344 of 522 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Action Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Rooftop Diagram D Drawings Building Elevations D her Justification Statement D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Development Mack, Andrew Rejected Planning & Zoning Rumpf, Michael Approved Development Mack, Andrew Approved Assistant City Manager Groff, Colin Approved Finance Howard, Tim Approved Legal Cherof, Jim Approved City Manager Howard, Tim Approved 12/22/2016 - 5:50 PM 12/28/2016 - 9:09 AM Page 345 of 522 lillkl r e EM4 Ji • / 0111:JrAl r TO: Chair and Members Planning & Develop ent Board and City Commission THU: Michael Rumpf it W Planning and Zoning Director FROM: Amanda Bassiely W/ V Senior Planner- Urban Designer D' December 2! 2016 Riverwalk • 1! REQUEST: Approval of height exception request to allow the stair towers and decorative architectural features of the Riverwalk • be constructed at 105above the maximum allowable height of 11 feet(Mixed Use -4) * • district. • �- Property Owner: Isram Riverwalk, LLC Applicant: Shaul Rikman / Isram Riverwalk, LLC Agent: Steven S. Wherry / Greenspoon Marder, P.A. Location: 1532 South Federal Highway (see Exhibit "A" — Location Map) Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 (Community Commercial District) Proposed Land Use/Zoning: Mixed Use Core (MX -C) / MU -4 (Mixed Use 4 District) Proposed Use: Modification of existing shopping center to a mixed use development of 326 apartments and 51,220 square feet of commercial space. Acreage: 0.73 acres Adjacent Uses: North: Right-of-way for Woolbright Road and farther north, a developed commercial property (PNC bank) classified Local Retail Commercial (LRC) and zoned C- 3 (Community Commercial), and a developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: To the southwest, a developed commercial property (McDonalds restaurant), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial), and to the southeast undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay and zoned R-3, (Multi -Family Residential); Page 346 of 522 Page 2 Memorandum No. PZ 16-052 East: The Intracoastal Waterway, and farther east are developed residential properties in the Town of Ocean Ridge; and West: Right-of-way for South Federal Highway, then farther west, developed commercial property (Sunshine Square shopping center), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial). I y��a md7� The applicant has submitted development applications for a Land Use Amendment and Rezoning, Major Site Plan Modification, Community Design Plan Appeal and Height Exception to redevelop the Riverwalk Plaza shopping center to a mixed use development consisting of 326 apartments and 51,220 square feet of commercial space. The site currently has a vacant Winn-Dixie supermarket store, Walgreen's Pharmacy, JoAnn Fabrics, Wendy's Restaurant, various other small shops, a separately owned outparcel with a Wells Fargo Bank, and a separately owned parcel with the Prime Catch Restaurant. Additionally, a staff -initiated code review creating a new MU -4 (Mixed Use 4) zoning district was reviewed by the P&D Board at their November meeting and was heard on first reading at the December 19th Commission meeting. Second reading of the ordinance is scheduled for the January 3rd Commission meeting. The application submitted for Height Exception approval is for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements. The maximum building height in the MU -4 zoning district is 100 feet. The elevations (see Exhibit "B" — Sheets AS -201 & AS -202) show that the building would be constructed utilizing a parapet wall, with the actual roof deck at a height of 95 feet. The code indicates building height for structures with flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However, as noted above, the stair towers and decorative architectural elements exceed the maximum allowable height of the zoning district, thus the application for a Height Exception of five (5) feet over the maximum height allowed in the district has been submitted for those specific features, in conjunction with the other previously noted applications for development approval. The Land Development Regulations, Chapter 2, Article II, Section 4.C., Height Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. According to this Section, building appurtenances and structures, electrical and mechanical stapnort systems and their necessary mechanical appurtenances, and architectural enhancements to the design of the building, may be erected on top of a structure, above the district height limitations, and are eligible for consideration of approval by the City Commission on a case-by- case basis. The applicant has submitted a Justification Statement (Exhibit "C") dated November 3, 2016, addressing each of the following review criteria required for these applications: 1) Whether the height exception would adversely affect any of the following: a) light and air; b) property values; c) the living conditions, or d) existing or proposed land uses; 2) Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations, 3) Whether the height exception would contribute to the architectural character and form of the proposed project, 4) Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; 5) Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; 6) Whether the height exception is necessary and not proposed in a manner with which the principle Page 347 of 522 Page 3 Memorandum No. PZ 16-052 objective is to maximize project visibility without concern for architectural or aesthetic integrity; and 7) Whether sufficient evidence has been presented to justify the need for a height exception. Staff has determined that the project meets the intent of the review criteria for Height Exception. The decorative architectural features contribute dimension and interest along the top of the building, in an attempt to provide some detail and undulation to a relatively straight/even roofline. In considering the standards for granting approval, staff agrees with the applicant that the exception is necessary to provide the required access to the roof, that there should be no adverse effect, and that the requested five (5) foot exception would not severely reduce light and air in adjacent areas. The property is surrounded by road rights-of-way on two (2) sides, the 300 foot wide Intracoastal Waterway on the east side, and undeveloped property with a conservation overlay and retail property fronting on Federal Highway on the fourth side. According to the Land Development Regulations, a building constructed within the MU -4 zoning district could be constructed with a roof deck at 100 feet in height and have an additional five (5) foot tall parapet around the entire building without requiring an application for height exception, resulting in the appearance of a 105 foot tall building. The applicant is requesting only small segments of the building (including stair towers and decorative architectural treatments) at a height between 100 and 105 feet. The exception request is for approximately 2,839 square feet (421 for the stair towers and 2,418 for the decorative architectural elements) of the 61,487 square foot roof area, or approximately 4.7% of the rooftop area. That portion of the roof that deviates from the maximum height is minimal, and would not represent habitable space. Also, the tallest elements on the project are over 290 feet from the nearest residential land uses, over 230 feet from the Intracoastal Waterway, over 400 feet from Federal Highway, and approximately 580 feet from the residential properties in Ocean Ridge thereby allowing staff to safely opine that the proposed height exception would have no negative impact on surrounding properties. Lastly, it should be noted that the City has routinely granted similar requests for minimal deviations from the maximum building height standards for roof and other architectural elements and rooftop equipment. Based on the analysis contained herein, staff recommends that this request for a height exception of five (5) feet be approved for the stair tower and architectural enhancements. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "D" — Conditions of Approval. S:1Planning\Shared\Wp\ProjectslRiverwalk Plaza\HTEX 16-OMStaff Report.doc Page 348 of 522 Exhibit A: Location Map A 0 65130 260 390 520 Feet Page 349 of 522 Exhibit B: Roof Plan Diagram H CD Exhibit B: Elevations H (14 O os^ H g 3 om �#13-5 ■® -� ■WB■1 ■BWB■ ■■WY �� � ■ ' ' ' ® ®®■WI W■W® WIIIWt ■■� Y ■■®IY ■ ttt5 �� _ f® ,F imm Ili„ MomMON iv I''iiI11��P� ■ �.n ,� -. l OR mmm P' n 1 I II no 1 �)+,` (Qi�l; ill I I t Is�l�rt+ Nil F1 1 � ` IIIII�III� III IIII IIIII UVlnl� IIIIIIII�II �'I ■ ' � �' � ii '? 111111 1w11111w 11ui1u 111u� III11 111u111w 111111111IN 1 �� �� Dion �� uiu1111$ 11111 Vlnl IN Ilnllll M1 €� !l{ igun �i m1 mui ?" o�� �iiiu IIII � Iqf t tr »tt s I t�uu t ltl on Elm ®RVA �# IN 0 CtfESkU� � cif `.� s ! ■ ■ • ■ ■ _ , �(9ll01111iii IOtrrr; QQQ({t ,_q{ttHttti lllllllllllllll. ¢i1111111M4J! � ■ 11 M 1 t a Exhibit B: Elevations CD N s - a 0- NQ DO � u April 26, 2016 Revised November 3, 2016 From the desk of: Steven S. Wherry, Esq. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Direct Phone: 754.200.7017 Direct Fax: 954.333.4157 Email: steven.wherry@gmlaw.com Height Exception Request: The Applicant is requesting a deviation from the maximum allowable height requirement in the MU -4 zoning district for building appurtenances and architectural features. At its maximum, the proposed building is 10 stories, and the roof of the roof level of the building is 95'. The Applicant is requesting that the appurtenances and architectural features extend to a maximum height of 105'. Review Criteria Chapter 2, Article II, Section 4.C.3 of the Land Development Regulations. The Applicant's request is consistent with the Community Design Appeal Review Criteria as documented below. a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; The location of the new proposed residential building on the Property ensures that there will be minimal impact on light and air to adjacent properties. The new structure sits to the east end of the Property thereby shadowing primarily the Property during the morning hours and not adjacent properties. To the north is a parking area and Woolbright Road. To the east is the Intracoastal Waterway and the properties across the waterway are approximately 400 feet away. A shadow study provided with the site plan application documents that the shadows created by the residential building during the equinoxes do not impact adjacent properties. Further, the residential building is designed to stepback from the Intracoastal Waterway to minimize the shadows to the east. The proposed redevelopment plan replaces a dilapidated commercial structure with an attractive residential building. By improving the Property and adding new a residential component that will help support the nearby commercial uses and activate the street frontage, the redevelopment plan supports the CRA plan and all surrounding property values in the area will increase as a result of the redevelopment. The Intracoastal Waterway is the Property's greatest asset and the existing development Boca Raton I Ft. Lauderdale I Las Vegas I Miami I Miami Beach I Naples I New York Orlando I Port St. Lucie I Tallahassee I Tampa I West Palm Beach 38710.0001 GM:28371316:1 Page 354 of 522 April 26, 2016 Page No. 2 turns its back to the Intracoastal and prohibits public access. It is natural that the proposed redevelopment is located such that it will provide the future residents and public visitors with the best views of the Intracoastal to help increase the viability of the residential component and enhance the quality of public space. This amenity will help attract new residents to the project and will activate a waterway that is currently the service area of the existing building. This will also allow residents across the waterway to view an active, pedestrian populated edge versus an inactive trash and loading area. The placement of the residential building will be compatible with the scale of buildings in the immediate vicinity by its placement on the site. Though taller, the project is separated from adjacent sites to minimize any potential impacts. To the north, the project is setback from the property line and is adjacent to the Woolbright Boulevard bridge. To the east, the nearest properties are across an approximate 400 foot wide waterway. In addition, the residential building design is stepped back to reduce the impact along the Intracoastal. To the south is an existing wetlands area and to the west the project is approximately 450 feet away from the right-of-way, Federal Highway. For the reasons described above, the proposed height exception would not adversely affect light and air; property values; the living conditions; or existing or proposed land uses in the area. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; Due to the positive aspects of the proposed development described above and the limited impact on adjacent properties, the proposed height exception would not be a deterrent to the development or improvement of adjacent properties. In fact, the proposed residential structure and the resulting future residents will help to support the struggling commercial tenants in the area provide demand for additional commercial uses, and contribute to property values and tax revenue to the City and its CRA, thereby adding to the funds available for development and improvement of adjacent and surrounding properties within the CRA. c. Whether the height exception would contribute to the architectural character and form of the proposed project; 38710.0001 GM:28371316:1 The height exception is requested for those building appurtenances and architectural features above the habitable areas in the building. These are decorative features that conceal stairwells and HVAC equipment. These decorative features help to add to the urban form and architectural character of the proposed project. Page 355 of 522 April 26, 2016 Page No. 3 d. Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; The project design, including the height exception, provides for not only an improved streetscape design along Federal Highway but also provides for an inviting pedestrian plaza and boardwalk along the Intracoastal Waterway. This plaza and boardwalk is not a requirement of the City Code but an enhancement added by the Applicant as a result of staff's request. Public access to the plaza will be provided to the plaza which results in a loss of development rights for the Applicant. However, the loss of the Applicant's development rights is outweighed by enhanced public access to the Intracoastal Waterway which is not provided on any other private property in the City. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The project design and site plan incorporates a number of design elements that contribute to a sustainable development. The project adds a residential component to an existing commercial development located at a major intersection in the CRA. This horizontal mixed use development creates a project where residents can walk to a number of locations in the area that provide recreation and commercial opportunities. Parking spaces have been provided for alternative forms of transportation including bicycles, low - powered mopeds and scooters, motorcycles and electric vehicles. Green walls are incorporated into the building design for natural cooling and increased oxygen production. The height island impact of the Property will be reduced due to the addition of landscape materials and heat reflective materials. L Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and The proposed building is designed with a significant amount of architectural enhancements that provide visual interest. The color, materials and embellishments create additional cost for the development as well as aesthetic integrity. For these reasons, the additional height is not requested only to maximize the mass and visibility of the development. g. Whether sufficient evidence has been presented to justify the need for a height exception. 38710.0001 GM:28371316:1 The City has rigorous design standards that add considerable cost to building construction, especially in this case where the Applicant must account for the existing development on the Property. The Applicant has long term leases with several tenants which prevent the Applicant from demolishing all existing buildings on the Property and starting with a clear development site. In addition, the Applicant must maintain portions Page 356 of 522 April 26, 2016 Page No. 4 38710.0001 GM:28371316:1 of the existing parking field for the existing tenants. These factors necessitate that the residential development be constructed on only a portion of the site rather than being spread over the entire Property which adds to the height of the proposed residential building. The Applicant's architect has designed a building that accounts for these constraints but at the same time provides for a design that is contemporary and creates a sense of place for this Property. The design is one that will advance the CRA's redevelopment plans for the area and provide a number of public benefits for the City residents. Page 357 of 522 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Riverwalk Plaza File number: HTEX 16-002 Reference: 2nd review plans identified as a Maior Site Plan Modification with a December 1, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification, and Community Design Plan Appeal. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. Page 358 of 522 Riverwalk Plaza (HTEX 16-002) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Riverwalk Plaza\HTEX 16-002\COA.doc Page 359 of 522 02RM -J _ L40A L11 F-11=11091ff NNUKKaAM Shaul Rikman / Israrn Riverwalk, LLC WK11YA APPROVAL SOUGHT: Request for Height Exception approval to allow the stair towers and decorati architectural features of the Riverwalk Plaza mixed use project to constructed at 105 feet, 5 feet above the maximum allowable height of 1 feet in the MU -4 (Mixed Use -4) zoning district. I WOLIN 1 [0104 1 M 0 :1 0o] N 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 b. 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: MIRM S:\Planning\SHARED\WP\PROJECTS\Riverwalk Plaza\HTEX 16-00200.doc Page 360 of 522 M PUBLIC HEARING 1/3/2017 REQUESTED ACTION BY COMMISSION: Approve request for Riverwalk Plaza Major Site Plan Modification (MSPM 16-002) for 326 multifamily units (rental apartments), 51,220 square feet of commercial space, public waterfront promenade and related site improvements on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. Applicant: Shaul Rikman, Isram Riverwalk, LLC THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REQUESTS FOR LAND USEAMENDMENTAND REZONING. EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The Major Site Plan Modification proposes the development of a mixed use project with 326 apartments and 51,220 square feet of commercial space including the Wendy's restaurant and a 41,970 sq. ft. multitenant building, but excludes the properties occupied by the Wells Fargo Bank and Prime Catch restaurant. The largest component of the development is a new residential structure located on the eastern portion of the site, adjacent to the Intracoastal Waterway. The building would contain two floors of parking, a small waterfront commercial space and eight floors of residential units totaling 697,347 sq. ft. with a first floor footprint of 131,492 sq. ft. The proposed commercial space frames the urban plaza proposed at the northeast corner of the building. This plaza acts as the entry point to the public waterfront promenade. A new 4,666 sq. ft. commercial building is proposed to front South Federal Highway which would provide a more urban streetscape and screen the corridor from an abutting parking lot. The building creates public active areas on both the north and south sides of the structure. These areas are directly accessible to pedestrians from the sidewalk and parking to the rear. There are shade structures throughout. There is an existing commercial building on the south-west portion of the site. As a part of this project, the existing drive- thru which is currently visible from South Federal Highway will be concealed with the addition of a porte cochere. This proposal will also allow for additional building frontage along Federal Highway in compliance with the build -to -line provisions of the Land Development Regulations. The building will also be renovated to be architecturally consistent with the new buildings. An integral component of mixed use developments are the public amenities they often provide. The proposed site plan contains several public areas including the creation of a waterfront promenade along the Intracoastal Waterway, an urban plaza at the entry point of the promenade, two small urban plazas fronting South Federal Highway, and the use of art throughout the site which helps define the public path leading from the right-of-way to the waterfront promenade. Staff supports the request subject to compliance with the remaining conditions of approval, and approval of all corresponding applications. The Land Use and Rezoning application (LUAR 16-003), Height Exception application (HTEX 16-002) and a Community Design Plan Appeal application (CDPA 16-002) are being processed concurrently. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A Page 361 of 522 FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: REVIEWERS: Department Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Master Plan/Site Plan D Drawings Landscape Plan D Drawings Floor Plan (typical) D Drawings Elevations (Residential) D Drawings Elevations (New Commercial) D Drawings Elevations (Renovations to E)dsting) D Drawings Art Zones D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Development Mack, Andrew Rejected 12/22/2016 ® 4:30 PM Planning & Zoning Rumpf, Michael Approved 12/27/2016 ® 3:05 PM Development Mack, Andrew Approved 12/27/2016 ® 3:44 PM Finance Howard, Tim Approved 12/28/2016 ® 9:50 AM Legal Cherof, Jim Approved 12/28/2016 ® 10:53 AM City Manager Howard, Tim Approved 12/28/2016 ® 10:55 AM Page 362 of 522 III V ililliilllliill , I I �� I gagi�i 14 Z k M !A.ff'MIJkI .rclm'l JtW 4 N 1j"I elivy -V MEMORANDUM NO. PZ 16-049 STAFF REPORT TO: Chair and Members Planning and Deve opment or THRU: Michael of Planning and Zoning Director FROM: Amanda Bassiely Senior Planner - Urban Designer DATE: December 15, 2016 '-ROJECT: Riverwalk Pla.-v MSPM 16-002 REQUEST: Approve the Riverwalk Plaza Major Site Plan Modification for a mixed use development of 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. �-ocation: 1532 South Federal Highway (Exhibit "A"'I Existing Land Use/ Zoning: Local Retail Commercial (LRC)/C-3 (Community Commercial District) Proposed Land Use/ Zoning: Mixed Use Core (MX-C)/MU-4 (Mixed Use 4 District) Acreage: 9.78 acres Adjacent Uses: North: Right-of-way for Woolbright Road and farther north, a developers Page 363 of 522 Page 2 Riverwalk VAQ11 commercial property (PNC bank) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); at the northeast, developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: Undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay designation and zoned R-3, Multifamily Residential; at the southwest, developed commercial property (McDonalds) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Right-of-way for the Intracoastal Waterway; farth- •- ••-• developed residential properties in the Town of Ocean Ridge; West: Right-of-way for South Federal Highway; farther west, developed commecial property (Sunshine Square), classified Local Retai; Commercial (LRC) and zoned C-3 (Community Commercial). Owners of properties located within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. I -, us] The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains a Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch restaurant and a large vacant "big box" building formerly occupied by Winn Dixie grocery store. The recently approved, Boynton Beach Community Redevelopment Plan recommends 'the establishement of a new Mixed -Use Zoning District, MU -4. The staff -initiated code review which creates MU -4 has been completed and is pending approval. The Land Use and Rezoning application (LUAR 16-003), Height Exception application (HTEX 16- 002) and a Community Design Appeal application (CDPA 16-002) are being processed concurrently. [a -.To] The Major Site Plan Modification proposes the development of a mixed use project with 326 apartments and 51,220 square feet of commercial space, including the Wendy's restaurant and a 41,970 sq. ft. multitenant building, but excludes the properties occupied by the Wells Fargo Bank and Prime Catch restaurant. Page 364 of 522 Page 3 Riverwalk MSPM 16-003 E 0 z r-111 I Traffic: A traffic statement was sent to the Palm Beach County Traffic Engineering Division for concurrency review. The Palm Beach County Traffic Engeering Division determined that the proposed redevelopment project is located within the Coastal Residential Exception Area (CREA), and that it meets the Traffic Performance Standards. Compared to the traffic generated from the existing shopping center (with an active big -box grocery tenant, the project would reduce daily trips by 213, while generating 118 more AM peak hour trips and 11 fewer PM peak hour trips. This analysis includes the Prime Catch and Wells Fargo businesses. School: The applicant submitted a request for a School Capacity Availability Determination to the School District of Palm Beach County, who determined capacity is available for the project. Itilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been confirmed through the issuance of an annual certificate of availability by Palm Beach County Solid Waste Authority. -,,Iolice/Fire: The Police Department and Fire Department note they will be able to - provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit stage. Drainage: Conceptual drainage information was provided for the City's review. The. Engineering Division has found the conceptual information to be adequatit and is recommending that the review of specific drainage solutions b,-. deferred until time of permit review. All South Florida Water Managemen'i District permits and other drainage related permits must be submitted a) time of building permit. Access: As depicted on the Master Plan (Sheet AS -101), the site is proposed to have four access points, two, two-way driveways on Woolbright Road and two, two-way driveways on South Federal Highway. The proposed driveways provide adequate circulation through the site for residents, patrons, emergency services and waste removal. Parking: According to Chapter 4, Article V, Section 3.G, Parking Reduction for Sustainability, the proposed site plan requires a total of 776 parking spaces, including 212 spaces for the commercial uses, 515 residential spaces, and 49 guest parking spaces. The project provides a total of 778 Page 365 of 522 Page 4 Riverwalk parking spaces, including 578 spaces in the garage and 200 surface spaces. In order to qualify for the Parking Reductions for Sustainability, there are several criteria that need to be met involving, in part, efficient parking design, the heat island effect, and operational programs for sustainability. These parking requirements allow a certain amount of motorcycle and scooter spaces to count towards the total parking requirement, and requires electric vehicle charging stations, additional green spaces, pedestrian connectivity and a parking contingency plan. This site plan proposes to increase the existing pervious space from 25,457 sq. ft. to 44,919 sq. ft., and provides 29 motorcycle parking spaces, nine (9) covered bicycle spaces, nine (9) electrical vehicle charging stations, and nine (9) fuel efficient car parking spaces. The project also proposes a two-part contingency parking plan if additional parking is needed. The contingency plan would change the garage from self -parking to a 100% valet parking operation, thereby allowing tandem parking spaces to be utilized which provides an additional 89 parking spaces within the garage. Also, an additional parking area would be constructed over the existing commercial building providing 122 parking qpaces. The valet parking operation combined with the additional parking Oructure would fulfill the standard parking requirements. a ZTM ra NEVOTEMMEN 0 The Proposed Landscape Plan (Sheet L-100) proposes a total of 252 canopy and palm trees, 11,247 shrubs, and 7,643 sq. ft. of groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Orange Geiger, Crape Myrtle and Autograph Trees. Palm species would include Royal Palms, d Date Palms and Paurotis Palms. This site plan proposes to increase the existing pervious space from 25,457 sq. ft. to 44,919 sq. ft. These areas include additional fifteen (15) foot wide islands in parking areas, landscaping between head-to-head parking rows, and lining the entry roadways with eight (8) foot wide landscaped areas. Other substantial green areas are located in front of the proposed buildings on South Federal Highway and along the Intracoastal promenade. Buildings: The project site totals 426,257 square feet or 9.78 acres, with street rights- of-way on north and west sides of the property, and the Intracoasta' M Page 366 of 522 Page 5 Riverwalk Waterway as the eastern boundary. The proposed mixed use development is comprised of four different structures including a new residential building with an integrated parking structure and waterfront commercial space, a new commercial building, a renovated commercial building and an existing ••• building. The largest component of the development is a new residential structure located on the eastern portion of the site, adjacent to the Intracoastal Waterway. The building would contain two floors of parking, a small waterfront commercial space and eight floors of residential units totaling 697,347 • ft. with a first floor footprint of • sq. ft. The proposed commercial space frames the urban plaza placed at the northeast corner of the building. This plaza acts as the entry point to the public water -font promenade. A new 4,666 sq. ft. commercial building is proposed to front South Federa' • which would provide a • urban streetscape and screen thit corridor from existing parking fields. The building creates public active areas on both the north and south sides of the structure. These areas art directly accessible to pedestrians from the sidewalk and parking to the rear. There are shade structures throughout. There is an existing commercial building on the south-west portion of the site. As a part of this project, the existing drive-thru which is currently visible from South Federal Highway will be concealed with the addition of a porte cochere. This proposal will also allow for additional building frontage along Federal Highway in compliance with the build -to -line provisions of the Land Development Regulations. The building will also be renovated to be architecturally consistent with the new buildings. The existing ••• building is located • 11•! remain. This application does not include modifications to the structure; however the applicant has stated that a separate application will be filled in order to renovate the fagade of the building. Height: The two proposed buildings that front • -•- Highway are • restaurant and measure thirty feet in height. The existing building occupied • the fast-food structure which fronts Woolbright Road measures approximately eighteen feet in height. The new residential structure is proposed to •- ten stories and measures a total of 105 feet. The roof deck is currently proposed at 95 feet, with the top of the parapet at 100 feet, and the top • the stair tower, which is the tallest portion • the structure, at 105 feet. The maximum height permitted in a MU -4 zoning • is 100 feet. In order to allow addition height that is •- for screening • architectural design a Height Exception must •- approved. Please see corresponding .•• (HTEX 16-002). il Page 367 of 522 Page 6 Riverwalk lyh;� "M 'I Design: The proposed buildings are designed in a modern style with the use of grey tones, glazing, wood accents, and the selective use of vivid colors. The buildings have parapet roofs with tower elements and modulated facades. The residential building predominantly has clear float glass for the balconies. Green walls and wooden trellises are used on the lower level of the building to add shade and interest. The use of patterns on the site materials help distinguish pedestrian areas from vehicular areas and also work to lead the pedestrians to the proposed public spaces. Setbacks: Currently the Land Development Regulations require Urban Mixed Use zoning districts to have a build -to -line of zero to fifteen feet, with specific permitted exceptions. However, the Boynton Beach Redevelopment Plan outlines recommendations which add the requirement of a "pedestrian zone". The pedestrian zone consists of a minimum of an 8 foot sidewalk and an 8 foot active area. There are two proposed buildings that front South Federal Highway. The new commercial building has a setback of two feet and seven inches. The building placement accommodates the active area requirement by creating two urban plazas on either side of the structure. The urban plazas are adjacent to the sidewalk, contain shade structures and may accommodate outdoor dining and/or display space for the future tenants. The existing commercial structure is proposed to have an addition of a portechere with a setback of zero feet to approximately fifteen feet. The residential building is proposed to have a setback of approximately 415 feet from South Federal Highway and 139 feet from Woolbright Road. An application for Community Design Appeal (16-002) has been filed for the residential building, as the setback from Woolbright Road exceeds the requirement of a zero to fifteen foot build -to -line. The residential building is proposed to have a setback from the Intracoastal Waterway that ranges from 14'9" to 453". Amenities: An integral component of mixed use developments are the public amenities it provides. The proposed site plan contains several public areas including the creation of a waterfront promenade along the Intracoastal, an urban plaza at the entry point of the promenade, two urban plazas fronting South Federal Highway, and the use of art throughout the site which helps define the public path from the right-of- way to the waterfront boardwalk. The proposed residential building also houses the private amenities for its residents. The amenities deck is located on top of the second floor of the building and includes a swimming pool, sun deck, gardens, trellises, and seating areas. 9 Page 368 of 522 Page 7 Riverwalk • —lighting: The photometric plan (Sheet AS -905) proposes the use of twenty-nine (29) pole mounted LED light fixtures on 25 foot tall concrete poles in parking areas. Additionally, forty-nine (49) ceiling mounted fixtures will be used throughout the garage and twenty-six (26) wall mounted fixtures are proposed at twelve (12) feet in height on the fagades of the buildings. The lighting levels depicted are in compliance with the code maximum of 5.9 foot-candle spot readings. Slignage: The proposed monument sign is designed to match the character and color of the buildings within the mixed use project. It is proposed to be located at the northernmost entrance on South Federal Highway. Dimensions and details of all signage will be submitted with a sign plan at the time of permitting. Art: The public art portion of the project is comprised of four distinct "art zones". This first art zone would use glass and light art installations and is located along Federal Highway and through the spine of the site. The second art zone is a kinetic wall that would be installed along the southern fagade of the residential building. The third zone would be comprised of water and kinetic sculptures which will be used along the Intracoastal Waterway (eastern fagade). The last art zone is a green wall that is proposed along the north fagade of the residential building and along the pedestrian walkway from Woolbright Road to the public plaza and promenade. The Arts Commission will be responsible for review and approval of the ultimate pieces, which is all in fulfillment of the City's Art in Public Places program requirements for the proposed development. As indicated herein, staff has reviewed the proposed Major Site Plan Modification and determined that it is consistent with the Land Development Regulations. Staff's recommendation for the approval of the subject request is contingent on the approval of ihe three concurent requests and satisfying all conditions of approval. S:NPlanning\SHARED\WP\PROJECTS\Riverwalk File Folder\Riverwalk MSPM 16-002\STAFF REPORTMIRM 16-002 RIVERWALK—StafflReport.dou 7 Page 369 of 522 Exhibit A: Location Map A 0 65130 260 390 520 Feet Page 370 of 522 lo Exhibit B1: Master Plan Z mi HHaNa :3 Hw4zo o z aopoN CD � e (D � y � zoo-om v➢� � Q � =N w ; o � = w v�- w� Q s o u'i�R �p pra o33< lo w Z mi HHaNa :3 Hw4zo o z aopoN � e (D � y � zoo-om v➢� � Q � =N w ; o � = w lo w Z i I J w Z J s o u'i�R �p pra o33< z a � - a a aaa a pada a --m mmmm r€9 az g - o_ o - - H z O a< o � ao yyp000 �pa> Unm og=� z g w o e >w-u =000,p��o =op�oa e e oLL��oo �_. LU w o'-=rpx=ospaw J .opW�o�oo �wa��5m (n s 0 a e z � � ooWpop o _ pFoaFzo o wop a w wN=ya « s ................................................................ H Z a_ LU LU 0 0 0 IMM 'MI k�MM-d-0- Exhibit B2: Landscape Plan ................................................................ 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WON l OR Mmw lPl 1 I II no�)+,` 1 ill IS �IION I Il�l�rt+ Nil F1 NO I Fill 1 £r ,i ` ro IIIII�III� III IIII�� III�NIN�I IIIIIWII� UVI�I� IIIIIIII�II �'I MVI ■ ' u � �' ou�ii:� li�l10 IIIII�I IIIIIIIw IlUllli IIID IIIIIIIIw Illlllllliiii �I II � 1� �� olon � �� uiullliui� El � � '� �� 1 I� r "'I"'M 91Y��i Illllllli� ILII €� !l{ iguNu �i ml mui o�� �iiiu IIII � Iqf t tr »tt srr nt�uu t Itl l �# CtfESkU� � cif IIII s ! ■ ■ • ■ ■ _ , �(9ll01111iii IOtrrr; QQQ({t ,_q{ttHttti �Illlllllllllll. ¢i1111111M4J! sit 't , ■ t a CD moa 3g e �4 oO � u CD f` O $ ose H 3 LLm � Q O � Exhibit B5: Art Zones (14 00 os om H g 3 os^ EXHIBIT "C" Conditions of Approval Project Name: Riverwalk Plaza File number: MSPM 16-002 Reference: 6th review of plans identified as a Maior Site Plan Modification with a November 4 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Developer will be responsible to upgrade street lighting adjacent to property along Federal Highway and Woolbright Road to meet current code requirements- at time of permit 2. Pedestrian access shall be provided from the proposed contingency parking on top of existing retail building to the proposed residential building? As residents will be more likely to walk across ramp to elevator on 2nd floor of garage. There needs to be a safe haven for pedestrians which will also need to include ADA accessible route. 3. Disabled parking spaces shall be evenly dispersed throughout the parking structure. (i.e. split between elevator locations on 2nd floor). 4. All disabled parking spaces must be located on an accessible route at least 44 inches wide so that users are not completed to walk or wheel behind parked vehicles except behind his or her own vehicle. (i.e. space adjacent to the main lobby and elevator 2nd floor). 5. No certificate of occupancy will be issued for phase I until phase II and III are completed or surety/guarantee is provided to ensure completion of any remaining phases. 6. Sheet AS -101.3 construction staging plan needs to be revised to reflect proper phasing, as plans shows construction entrances and parking for Walgreens with the proposed layout which will not be constructed as part of phase I and constructed as phase III. 7. Phasing drawings are including proposed improvements at Woolbright entrance as existing and not taking into making these improvements as part of the phasing. (i.e. alignment of new driveways). Also shows Wendy's as not included which is not accurate as improvements are proposed as part of the project. Also parking adjacent to prime catch on north side of residential building not included in phasing — Phasing can be handled at time of permit. Page 380 of 522 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 2 of 6 DEPARTMENTS I INCLUDE REJECT 8. Address the following comments on the proposed address plan at time of permit: • Address plan indicates in tabular data a unit 101 for address 1622 South Federal Highway, but not shown on plan views. • Recommend changing retail space addressed as 1622 South Federal Highway to a unit number for 1620 South Federal Highway. This will make retail easier to locate. 9. At time of permitting schedule a meeting with the Utilities Department in advance of preparing a Stormwater Utility Fee Calculation Sheet. Please indicate impervious areas for all non- residential uses and common areas. 10. Sheet AS -111 shows access to public boardwalk from garage, but access is obstructed by proposed motorcycle parking. 11. Existing force main were proposed lift station ties into discharges into existing gravity sewer, existing force main connection to gravity will not be allowed to continue. Existing force main must be rerouted to connect to a force main. 12. Proposed elevator on sheet AS -103B for contingency parking shall be located on the shortest accessible route to residential building. Currently access is to rear of dumpster, recommend elevator is relocated to east or north elevation. 13. Trash enclosure for prime catch shall have a minimum of 10' clear for each dumpster from interior of wall across front for access. Please note also for Wendy's dumpster enclosure. 14. Provide cross access easement to property located to south at southern most entrance at Federal Highway. Easement shall be from Federal Highway ROW line to just east of existing Walgreens building to southern property line. FIRE Comments: 15. Please provide the type of construction of any existing retail buildings proposed for renovation / alteration / additions, and for the new retail building proposed fronting Federal Highway. Page 381 of 522 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 3 of 6 DEPARTMENTS I INCLUDE REJECT 16. Please provide a flow test conducted by Boynton Beach Fire & Life Safety (2080 High Ridge Road, Boynton Beach; 561-742-6600). Provide fire flow calculations in accordance with the 2012 edition of NFPA 1, chapter 18. The Flow test did not yield 3000Gpm at 20Psi. Revise utilities and/or increase water main sizes to comply. 17. Please revise Sheets C-3 and AS -101 to correspond and clearly depict the location of the fire pump, fire backflow, and associated utility lines POLICE Comments: Comments addressed at DART Meeting held on 3/29/16. BUILDING DIVISION Comments: Building comments have been acknowledged by the applicant and will be addressed at time of permitting. PARKS AND RECREATION Comments: 18. Per City Ordinance, the Park Impact Fee is $193,970 (326 apartments X $595.00). PLANNING AND ZONING Comments: 19. If unable to work within the sign criteria for non -conforming signs, the sign code allows a maximum monument sign of 64 square feet and 6 feet in height for the primary sign (Federal Highway) and secondary sign (Woolbright Road) under the Mixed Use regulations. The address shall be placed centered at the top of the sign, with the development name immediately underneath. Signs, as shown, also appear to be within the 10 foot setback from any property line. 20. A sign program for the retail center and residential building is required prior to issuance of a building permit. Page 382 of 522 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 4 of 6 DEPARTMENTS I INCLUDE REJECT 21. Provide estimated tree canopy coverage (percent of parking area and drive aisles) at time of tree maturity. Include matching representation as part of the "Proposed Pervious with Trees" illustration on page AS -101.213. Generally we are looking for something close to 50% as the target coverage. The plan still lacks estimates for tree canopy coverage including before and % at maturity. 22. On Sheets AS -101.2A & 2B : The two totals for "PROPOSED PERVIOUS AREA" differs on each sheet. Please revise. 23. A Declaration of Restrictive Covenant will need to be executed in order to approve the proposed contingency parking plan. The Agreement will have to outline the triggers which initiate 100% valet parking operations and the construction of the additional parking structure. The agreements must be recorded prior to issuance of building permits. 24. Walgreens elevation: If the stairs are going to be external as proposed, then they must be screened from view from the right -of way. 25. Provide a narrative explaining how parking will be monitored to ensure residents are not parking in guest and retail parking spaces. 26. On Sheet AS -101.2A — Under "E. Efficiency in Parking Design", the evidence stated is not part of the standard design for the project but would only apply if the contingency plan went into effect. Please revise. 27. The site plan and the landscape plans do not match. Please correct for consistency and accuracy. 28. Please provide direct pedestrian access from the garage into the public plaza / boardwalk. The entry should act as the primary public exit/entry and should be designed as such. Use double door, arch ways and/or signage to mark the access point. 29. Staff has continually asked for the boardwalk and plaza area to include a central focal point/ gathering space. To achieve this, please address the following: all planters should be a max of 2' in height in order to act as seating. Create a clear, shaded, space to extend the plaza at the corner towards the south. 30. There are discrepancies between plans, elevations and floor plans. Please review and ensure all plans are consistent. Page 383 of 522 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 5 of 6 DEPARTMENTS I INCLUDE REJECT 31. On Sheet AS -10313, the stair landing on the SW corner of Walgreens should connect to a sidewalk and be protected from traffic by a landscape island. 32. On Sheet AS -108, the footprint of the retail space at the NE corner of the garage has been reduced to accommodate the pedestrian connection from the garage to the plaza, however the square footage on the plan and in the tabular data appears unchanged. 33. On Sheet AS -906, the lighting levels of the parking area above Walgreens seem to have been revised to meet the code maximum of 5.9 foot-candles. However, the lighting schedules have not been revised to reflect changes to poles or fixtures, please correct. 34. On Sheet AS -906, the light poles and fixture height proposed for the parking area above Walgreens should be reduced and the pole locations moved to the center island of the parking to reduce the visibility of the fixtures from off site. If poles are still visible when relocated, staff suggests the use of bollards in lieu of poles. 35. Three motorcycle parking spaces have been relocated to the north-west portion of the garage. This relocation is in conflict with a pedestrian walkway. Please relocate the motorcycle space. COMMUNITY REDEVELOPMENT AGENCY Comments: 36. Prior to permitting, the Intracoastal Promenade shall have an easement recorded in the public records reflecting that it is a permanent public access area. Indicate this on the plans. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Riverwalk File Folder\Riverwalk MSPM 16-002\DART COMMENTS\DART comments (6th Review).doc Page 384 of 522 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Page 6 of 6 Page 385 of 522 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Riverwalk Plaza (MSPM 16-002) APPLICANT: Shaul Rikman/ Isram Riverwalk, LLC APPLICANT'S ADDRESS: 506 South Dixie Highway, Hallandale, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 17, 2017 APPROVAL SOUGHT: Request for Major Site Plan Modification 326 multifamily units (rental apartments) and 51,220 square feet of commercial space on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. LOCATION OF PROPERTY: 1532 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk C:\Users\ParkerA\Desktop\riverwalk\STAFF REPORT\Site Plan\MSPM Riverw alk Raza 16-002 DO.doc Page 386 of 522 11.A. UNFINISHED BUSINESS 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-004 -Authorize the City Manager to sign an agreement with Community Caring Center of Greater Boynton Beach, Inc. for leasing of space at the Library to operating a Cafe. EXPLANATION OF REQUEST: The Commission needs to cancel RFQ 034-2610-15/J MA as a first step. The City has received a proposal from Sherry Johnson, Executive Director of the Community Caring Center of Greater Boynton Beach, Inc. to lease the space at the Library that was previous called Sailfish Cafe. On December 19, 2016 the Commission requested staff draft an agreement with the Community Caring Center and return it to the Commission for consideration and approval. Attached is the proposal and information received from Community Caring Center, a listing from the City's viewpoint as to what the City would be responsible for and what the vendor would be responsible for, along with a draft agreement. Library Hours: Monday through Thursday 9:00A.M. to 8:30 P.M. Saturday 9:00A.M. to 5:00 P.M. Community Caring Center Proposed Hours: Monday through Thursday 7:00A.M. to 3:00 P.M. Saturday 7:00A.M. to 3:00 P.M. Closed July 1st thru August 15th Hours of operation are subject to change based on access to facility, City's and Community Caring Center's agreement. All signage, outside seating, etc requests will be in accordance with City's codes and policies and follow the appropriate review/approval procedure. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the City moves forward with a lease agreement, a cafe will be in the library. FISCAL IMPACT: The proposed agreement will generate $150 per month in lease revenue or $1,800 annually. ALTERNATIVES: Do not approve the agreement, issue another RFP/RFQ, or do not pursue having a cafe in this space. STRATEGIC PLAN: Page 387 of 522 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Reviewer ATTACHMENTS: Date Type Description D Addendum Resolution D Agreement Cafe Agreement D Letter Caring Center Letter D Attachment Community Caring Ctr Proposal ® Cafe D Attachment Sample menu items REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/28/2016 ® 3:44 PM Finance Howard, Tim Approved 12/28/2016 ® 3:44 PM Legal Cherof, Jim Approved 12/28/2016 ® 4:12 PM City Manager Howard, Tim Approved 12/29/2016 ® 9:57 AM Page 388 of 522 I RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZE THE CITY MANAGER TO 5 SIGN AN AGREEMENT WITH COMMUNITY CARING 6 CENTER OF GREATER BOYNTON BEACH, INC. FOR 7 LEASING OF SPACE AT THE LIBRARY TO 8 OPERATING A CAFE; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has reviewed the proposal from Sherry Johnson, 12 Executive Director of the Community Caring Center of Greater Boynton Beach, Inc. to lease 13 the space at the Library that was previous called Sailfish Caf6; and 14 WHEREAS, the City Commission finds the proposal to be in the best interest of the 15 City and the Library patrons. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. The City Manager is authorized to sign the proposal from Sherry 21 Johnson, Executive Director of the Community Caring Center of Greater Boynton Beach, Inc. 22 23 24 25 26 to lease the space at the Library or to sign another like agreement approved by the City Attorney. Section 4. That this Resolution will become effective immediately upon passage. PASSED AND ADOPTED this {00164763.1 306-9001821} day of , 2017. Page 389 of 522 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) {00164763.1 306-9001821} CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 390 of 522 ONE YEAR LEASE AGREEMENT CONCESSIONAIRE SERVICES TO OPERATE A CAFE AT THE BOYNTON BEACH LIBRARY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Community Caring Center of Greater Boynton Beach, Inc. , hereinafter referred to as "the Concessionaire", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform Concessionaire services in connection with the CONCESSIONAIRE SERVICES TO OPERATE A CAFE AT THE BOYNTON BEACH LIBRARY, located at 208 S. Seacrest Blvd, Boynton Beach, Florida. 2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to an Concessionaire a portion of the designated City facility located at the Boynton Beach City Library. Location is at the North East corner, first floor of the new two story addition. The facility, a concrete structure of approximately 711 square feet, to include a 97 square feet storage room. The space is designated as the "cafe", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages to library patrons and the general public. 4. TERM OF LEASE. Work under this contract shall commence upon the giving of written notice by the City to the Concessionaire to proceed. Concessionaire shall perform all services and provide all work required pursuant to this concessionaire for one (1) year from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 5. PAYMENT. The Concessionaire shall pay the City a sum of $150 each month for the first twelve (12) months of the lease agreement. Subsequent monthly payments for renewal periods will be determined when each renewal option is considered. a. Said payment shall be made and received by the City on or before the 1St day of each and every month. A late fee of 15% will be charged if payment is received after the 5th day of the month. Any monthly payment not received by the 25th day of the month shall be grounds for termination of the contract. b. Concessionaire will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare a monthly report to the City and attach copies of daily tapes of each report. The City will have the right to inspect the books, records and inventories of the Concessionaire at any given time. Monthly reports shall be due on the first of each month. C. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $150.00 made by the Concessionaire at time of award will be returned to Concessionaire at the end of the lease, without interest, after determination that the Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Library Director. Page 391 of 522 e. The Concessionaire's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Concessionaire in connection with the services rendered under this agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including legal fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Concessionaire's own employees, or damage to property occasioned by a negligent act, omission or failure of the Concessionaire. 9. INSURANCE. The Concessionaire shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within ten (10) days of notice of award and every year thereafter upon renewal for the duration of the contract. 10. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the Concessionaire is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Concessionaire nor any employee of Concessionaire shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Concessionaire, or any employee of Concessionaire. 11. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Concessionaire, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. Discrimination prohibited. The Concessionaire, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 21 Page 392 of 522 13. NON -WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written notice of such termination and reason (s) for the lease termination. b. In the event of the death of a member, partner or officer of the Concessionaire, or any of its supervisory personnel assigned to the project, the surviving members of the Concessionaire hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Concessionaire and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of monthly payment as stated in item # 5-A of this contract. d. This lease agreement may, at the option of the City, be terminated immediately if the Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. 15. RENEWAL. The Finance Director may renew the contract, at the same terms, conditions, and prices, for two (2) additional one (1) year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida, 33435 Attn: Lori LaVerriere, City Manager Notices to Concessionaire shall be sent to the following address: Community Caring Center of Greater Boynton Beach, Inc. d/b/a The Secret Garden Cafe 410 E Boynton Beach Blvd Boynton Beach, FL 33435 Attn: Sherry Johnson, Executive Director 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Concessionaire and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Concessionaire. 19. PUBLIC RECORDS The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: 31 Page 393 of 522 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH City Manager Attest/Authenticated: Title City Clerk Approved as to Form: Office of the City Attorney 12017. CONCESSIONAIRE (Corporate Seal) Attest/Authenticated: Secretary 41 Page 394 of 522 EXHIBIT A A. BACKGROUND: The City will lease the designated portion of the Library building known as the Sailfish Cafe to the concessionaire for a period of one (1) year, and the option for two (2), one (1) year renewals. The Cafe occupies approximately 711 square feet, within a concrete structure at 208 S. Seacrest Boulevard, Boynton Beach, Florida, which is located at the northeast corner of the Library plus a 97 square foot storage room. The Cafe has direct access to the Library and to the outside. The space designated as the Cafe, is owned by the City of Boynton Beach, Florida, and operated for the selling of food and beverages for Library patrons and the general public. B. LIBRARY HOURS OF OPERATION: Monday through Thursday 9:00 A.M. to 8:30 P.M. Saturday 9:00 A.M. to 5:00 P.M. Closed Fridays and Sundays Cafe operations are expected to be during Library hours. CCC Proposal: Monday through Thursday, Saturday 7:00 A.M. to 3:00 P.M. Closed July 1St thru August 15th Hours of operation subject to change based on agreement between City and Concessionaire. C. OBLIGATIONS OF THE LIBRARY: The Library will provide the following: ■ 711 square feet of finished space in the Library ■ 97 square feet of storage area ■ Electric service ■ Hot and cold water service ■ Cable Service ■ Wi-Fi ■ Pest Control ■ Fire suppression and alarm system ■ Refrigeration Units ■ Display Cases ■ Tables and Chairs ■ Equipment Inventory will be agreed to by City and Concessionaire prior to opening D. OBLIGATIONS OF CONCESSIONAIRE: The concessionaire will sell food and beverages as allowed by the City Of Boynton Beach at competitive prices. 2. Concessionaire shall provide all working capital, additional operating equipment, and inventory necessary to effectively manage the cafe. 3. Sample /Layout to be submitted with proposal, to include all furnishings. 4. Concessionaire may offer non -consumables for sale. Non -consumables may include, but are not limited to coffee mugs, hats or tee shirts; however, the City Of Boynton Beach reserves the right to have the final approval of such items. No alcohol or tobacco products shall be offered for sale. 51 Page 395 of 522 5. City shall not be responsible for any goods or equipment stored at the cafe or storage room nor will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. 6. The city reserves the right to inspect premises at any time. 7. The concessionaire shall keep accurate records of all sales and receipts through the use of electronic cash registers which provide daily tapes and reports. The operator will prepare a monthly report and mail to: Craig Clark, Library Director, 208 S. Seacrest Blvd., Boynton Beach, Florida, and attach copies of the daily tapes of each report. Report will be due the 1St of each month along with the lease payment. The City shall have the right to inspect the books, records and inventories of the operator at any given time. 8. The concessionaire to provide: Menu Boards All licenses for the operation of the Cafe concession. Any additional professional equipment desired, including installation. Approved signage (approval by Library Director and City) Any outside seating requested will need to be in accordance with City Codes. Marketing materials for Cafe All Cafe supplies E. FOOD PRODUCTS: 1.. The Concessionaire will be responsible for the purchase, inventory and security of all food products offered for sale in the cafe. 2. The Concessionaire shall arrange for the delivery of supplies used at the Cafe site, and in a manner so that such deliveries do not create congestion or undue interference with regular operation and maintenance of the site. 3. Items sold by the Concessionaire are restricted by the City of Boynton Beach. Deep fat frying and flame grilling is not permitted. 4. City shall determine the final approval on what menu items are used. Approval will not be unreasonably withheld. 5. Expiration dates shall be clearly visible on all perishable food products. F. MAINTENANCE: 1. Concessionaire is responsible for keeping the Caf6 area and seating areas neat and clean. Window glass in the Cafe interior must be kept clean; in particular the glass doors are to be cleaned daily. Counters, display cases, tables and chairs are to be cleaned daily. Concessionaire to mop cafe floors daily. 2. Concessionaire is responsible for the repair and maintenance of all equipment in the Cafe. 3. Concessionaire will ensure that interior trash receptacles, bussing stations, do not become messy or overfilled during business hours. Concessionaire will empty trash nightly in the designated dumpster and recycling bins. Disposal costs will be absorbed by the City. 4. Concessionaire is responsible for complying with all Fire Codes and all City Ordinances, recycling rules, regulations, and laws and rules of Federal, State, City, and County Agencies. a Page 396 of 522 G. CAFE PERSONNEL: The concessionaire will provide, supervise, and compensate all cafe employees. The staff will be employees of the operator, not the City. The operator shall at all times be an independent contractor and the agreement shall not in any way create or form a partnership or joint venture with the City. No agent, servant, or employee of the operator shall under any circumstances be deemed an agent, servant, or employee of the City. Appropriate staff of operator shall be responsible for possessing food handling license(s) as required by the Florida State Health Department. 2. Consumption of alcoholic beverages, smoking, and use of tobacco products is prohibited inside the Library. 3. Concessionaire personnel shall, at all times, present a neat and professional appearance. 4. All employees must wear a badge to identify the company they are representing and their name. If a security badge is not issued by the operator, our Police Department will issue one for a nominal fee. 5. Concessionaire shall provide a list of employees to the City and provide proof that the employer has done a background check with the State of Florida Department of Law Enforcement and the results of the background check for each employee who will be working at the cafe. City shall retain the right to prohibit an employee from working at the cafe based on the results of the background check. 6. Concessionaire shall employ only competent personnel to perform cafe services. In the event that the City, at its sole discretion, at any term of this lease agreement, desires the removal of any person or persons employed by the operator to perform cafe services pursuant to this lease agreement, concessionaire shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. 7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the products used in the performance of the contract on the premises. The MSDS's shall be accessible to the concessionaire's employees and to City employees for the purpose of reference with regard to toxic and hazardous properties, precautions on what to take and what to do in case of emergency. Concessionaire shall follow all Library Building policies pertaining to emergencies and non -emergency drills. 7I Page 397 of 522 Board of Directors: Joyce C. Portnoy, President Everlene Baker, I`VP Doreen Robinson, 2nd VP Paula Melley, Secretary Ronald Rauh, Treasurer Maureen Connolly Allan Hendricks John McGovern Tamara Bryan Sylvestre Advisory Committee: Rev. Harold Dom Dr. Timothy Kehrig Staff. Sherry Johnson, Executive Director Social Services Emergency Food, Shelter, & Financial Assistance DCF — ACCESS Partner Food Stamp Application Homeless Outreach Food Pantry USDA Faith in Action Frail & Elderly Caregiving Economic Development Culinary Incubator Catering Urban Framing Project Children's Gardening & Nutrition Education "Easy Garden Gourmet" Nutrition Cooking Classes Food Preservation Classes 5 A -Day for Children Senior Veggie Mobile Home Delivered Meals Community Caring Center Economic Development Department Secret Garden Cafe, A Culinary Incubator Program 410 E. Boynton Beach Blvd Boynton Beach, F133435 561.752.8598 Website: www.cccgbb-org.webs.com Ms. Lori LaVerriere, City Manager City Commissioners City of Boynton Beach O Box 100 Boynton Beach, FL 33435 of Boynton Beach, Inc. Social Service Department 145 NE 4th Avenue Boynton Beach, FL 33435 Phone: 561.364.9501 Fax: 561.364.7288 RE: PROPOSAL — Leasing of the Sailfish Caf6, Beginning January 2017, Closed July 1 thru August 15th Dear Ms. LaVerriere and Commissioners: The Community Caring Center of Greater Boynton Beach, Inc. d/b/a The Secret Garden Cafe, A Culinary Incubator Program, would like to submit the attached proposal for the leasing of the Sailfish Cafe. We think that this would be a perfect retail outlet for all of our incubator talent and would provide fresh and healthy food to the community. Staffing would be maintained to provide 7 AM to 3 PM food service featuring fresh coffees, French pastries, granola, stratas, quiches, and healthy juices as breakfast options, soups, salads, wraps, healthy fresh fruits and snacks, along with a daily featured "hot" lunch items. Cuisines would include Paelo, Vegan, Vegeterian, southern comfort, Italian, Mexican, French, German, New Orlean's, Jamaican, as well as, normal every day regular folks, better than fast food selections. A typical menu is attached for your review. Items would include pricing from $1 to $20. We are offering to pay rent equal to the electrical bill each month, keep the place clean and asking that you deliver it to us clean and all equipment in working order. We'll provide and obtain all licenses, inspections and insurances required by you and all regulating authorities. We ask that you repair and maintain your equipment when necessary. We would also like to have permission to place two (2) black mesh 36" tables and eight (8) chairs with two (2) umbrellas for outside patio seating during hours of operation, and allow us to have an outside sandwich menu board, and a trash container for outside the cafe. Should you have any additional questions, please feel free to contact me at 561-350-0473. Sincerely, t2, Executive Director Page 398 of 522 Proposal Rental of the Sailfish Cafe City of Boynton Beach Library The Community Caring Center of Greater Boynton Beach, Inc., dba Secret Garden Cafe, A Culinary Incubator Program, ("CCC"), would like to submit a proposal of the leasing of the Sailfish Cafe located at the north end of the Boynton Beach Library. RENT: The CCC is proposing to lease the space from the City of Boynton Beach. We are suggesting that the rental cost to be considered would be equal to the electrical cost each month from Florida Power and Light for the Sailfish Cafe area exclusively. We are assuming that it is on its own meter and does not include any electrical costs associated with any adjacent areas belonging to the Library. If the meter does include adjacent Library space, then a pro rata share should be determined and agreed to by both parties. DAYS & HOURS OF OPERATION: CCC would operate from 7 AM to 3 PM on the same days as the Library is opened, with the reservation that if it is determined that Fridays would be cost effect even with the Library closed, or in the event that there are special events in that area, CCC would be able to remain open on Fridays with proper notification to City and at CCC's discretion. Cafe would be closed July 1 thru August 15th to allow for cleaning, maintenance, staff vacations, menu revisions, marketing campaigns for upcoming season, and repairs. INSURANCE: CCC would maintain adequate insurance required by the City of Boynton Beach, listing them as additional insured. LICENSES: CCC would acquire all necessary licenses for the operation of the space through the Department of Professional Regulation, Hotels and Restaurants and any other regulatory agencies determined to be necessary. MENU: Menu would be healthy foods that are reach and grab — see attached menu. Foods would be prepared by various incubator clients at the Secret Garden Cafe, and delivered fresh each day for sale STAFFING: CCC would provide staffing during hours of operation and provide adequate training and certifications as required by the State of Florida and local regulatory agencies. CLEANING AND EQUIPMENT: CCC requests that the facility, fixtures, and all equipment be checked and delivered operational, clean, and in good condition and that the City of BB would provide all required maintenance and repairs for its equipment, including but not limited to all windows, doors, storage, floors, & equipment. CCC would also ask for an itemized listing of all equipment entrusted to our use, along with date of purchase and repair and maintenance log for our insurance carrier. City of Boynton Beach is responsible for the repair and replacement of any equipment including air conditioning & alarms, handicapped fixtures. CCC will be responsible for cleaning floors, tables, equipment, and removal trash daily. SIGNAGE: CCC is asking for permission for sandwich board signage, and two (2) tables, chairs, and umbrellas for patio. CCC will apply for all permits regarding request. MARKETING: The City of Boynton will assist CCC by posting marketing materials to employees and access to on-line menu, cafe phone numbers, and website. CCC will provide FREE delivery to City Departments for all orders of $25 or more. Sailfish Cafe Menu Suggestions 7 AM to 11 AM — Breakfast Items LePetit Pain French Pastries FREE EXCHANGE Coffees, Espresso & Frappes Quiche, Strata Granola, Fruit Bowl Breakfast sandwiches or made to order omelets Seasonal Fruit including Oranges & Bananas, Melons, Berries 11 AM to 3 PM — Lunch and Snack Items ("Grab & Go" microwave recycled containers) Spaghetti Squash & Lemon Picatta Chicken, Mediterranean Chicken Kabobs on rice Vegan & Vegetarian Dishes Paleo Menu Prices range from $7 to $12 Daily "Hot" Item: (featuring each day one vegan and one regular item) such as Lasagna, Eggplant Parm, Vegan or Reg Meatloaf & Mashed, Stir fry & Rice, Gumbo, Pot Roast & Roasted Vegetables, Vegan Avocado stuffed Ceviche, include salad and bread or chips or fruit. $9 to $15 Salads: Garden, Tabouleh, Caesar, Mediterranean, Chef, and Cobb Hummus, Prices range from $3.99 to $9.99 Wraps: Mediterranean Organic Chicken Salad Tuna Salad, Egg Salad Ruben, Turkey Club Prices range from $6.99 ea or $9 combo (cookie, baked chips, pickle, water or soda) Fresh Soups: Tomato Basil - Organic Chicken Vegetable - Organic & all natural chicken French Onion - Vidalia onions and grass fed beef stock Kale and White Cannelloni Beans (with or without sausage, rice) Hearty Beef Vegetable - grass fed chuck roast Lobster Bisque Chicken Tortilla - all natural chicken Ham & Bean 13.A. LEGAL 1/3/2017 REQUESTED ACTION BY COMMISSION: Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - PROPOSED ORDINANCE NO.16-023 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. EXPLANATION OF REQUEST: The CRA Plan will undergo comprehensive implementation in 2017, requiring an "audit" of existing zoning and other land development regulations for consistency with the many recommendations of the Redevelopment Plan; however, some Plan recommendations have immediate application to current or pending development applications and are therefore being implemented incrementally such as the establishment of the new Mixed Use - 4 (MU -4) Zoning District. The CRA Plan (fka "the Consolidated Plan") was adopted on October 4th which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road. The Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with a new district. Specifically, from the Land Use & Zoning Section, a recommendation reads: "Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoning district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap. " The various chapters and sections of the LDR to be amended to establish the MU -4 District, and proposed changes, are indicated in the various excerpts from the LDR and included within the attachments. The proposed amendments regard terms and definitions; the relationship with the corresponding Comprehensive Plan Future Land Use Classification; site, development and urban design standards; use regulations, and standards for telecommunication towers. Page 402 of 522 The Planning & Development Board review this request at their November 22nd meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The subject amendment furthers the implementation of the Community Redevelopment Plan and encourages redevelopment of key parcels in the downtown. FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Reviewer ATTACHMENTS: Date Development Type Description D Ordinance Ordinance amending Land Development Approved 12/9/2016 ® 9:40 AM Regulations regarding Mixed Use ® 4 D Exhibit ExhibitA D Staff Report Staff Report D Amendment LDR Terms and Definitions D Amendment Corresponding Land Use Classification D Amendment Zoning District & Map Designation D Amendment Development Standards & Descriptions D Amendment Zoning Uses (Zoning Matrix) D Amendment Use Standards (Zoning Matrix Notes) D Amendment Telecommunication Standards REVIEWERS: Department Reviewer Action Date Development Mack, Andrew Approved 12/9/2016 ® 9:35 AM Assistant City Manager Groff, Colin Approved 12/9/2016 ® 9:40 AM Legal Swanson, Lynn Approved 12/15/2016 ® 10:05 AM Finance Howard, Tim Approved 12/15/2016 ® 10:04 AM City Manager LaVerriere, Lori Approved 12/15/2016 ® 10:18 AM Page 403 of 522 Page 404 of 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS AMENDING CHAPTERS 1, 3 AND 4 TO BEGIN IMPLEMENTING THE COMMUNITY REDEVELOPMENT PLAN WITH THE ESTABLISHMENT OF THE NEW MIXED USE 4 (MU -4) ZONING DISTRICT INCLUDING AMENDMENTS OR ADDITIONS TO DEFINITIONS, SITE DEVELOPMENT STANDARDS, ZONING USES, AND URBAN DESIGN STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the CRA Plan (fka "the Consolidated Plan") was adopted on October 4t' which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road; and WHEREAS, the Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with a new district; and WHEREAS, staff proposes these code amendments to commence the implementation of the City's new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to begin implementing the Community Redevelopment Plan with the -1- Page 405 of 522 32 establishment of the new Mixed Use 4 (MU -4) zoning district including amendments or 33 additions to definitions, site development standards, zoning uses, and urban design 34 standards . 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 36 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 37 Section 1. The foregoing whereas clauses are true and correct and are now 38 ratified and confirmed by the City Commission. 39 Section 2. Chapter 1, Article H, Definitions, of the Land Development 40 Regulations, is hereby amended by adding the words and figures in underlined type, as 41 follows: 42 Chapter 1, Art. IL Definitions 43 CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned 44 zoning districts. Whenever the words "conventional district" or "conventional zoning 45 district" are used, they are construed to exclude any or all of the following zoning 46 districts: IPUD infill planned unit development; PUD planned unit development; MHPD 47 mobile home planned development; PCD planned commercial development; SMU 48 suburban mixed use ; MU -L1 mixed use -low intensity 1; MU -L2 mixed use -low 49 intensity 2; MU -L3 mixed use -low intensity 3; MU -4 mixed use; MU -H mixed use -high 50 intensity; and PID planned industrial development. 51 MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or 52 "mixed use zoning district" are used, they are construed to include any or all of the 53 following zoning districts: SMU suburban mixed use; MU -L1 mixed use -low intensity 1; 54 MU -L2 mixed use -low intensity 2; MU -L3 mixed use -low intensity 3; MU -4 mixed use 4; 55 and MU -H mixed use -high intensity. 56 PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is 57 accompanied by and conditioned upon an approved master plan for the use and/or 58 development of the property. Whenever the words "planned district" or "planned zoning 59 district" are used, they are construed to include any or all of the following zoning 60 districts: IPUD infill planned unit development; PUD planned unit development; MHPD 61 mobile home planned development; PCD planned commercial development; SMU 62 suburban mixed use; MU -L1 mixed use -low intensity 1; MU -L2 mixed use -low intensity - 2 - Page 406 of 522 63 2; MU -L3 mixed use -low intensity 3; MU -4 mixed use 4; MU -H mixed use -high 64 intensity; and PID planned industrial development. 65 Section 3. Chapter 1, Article III, of the Land Development Regulations, is 66 hereby amended by adding the words and figures in underlined type, as follows: -3 - Page 407 of 522 LDRTChapter 1, Art. III. Relationship to Comprehensive Plan, Section 5.13. Table 1.1 Future Land Use Map (FLUM) Classification (including maximum dwelling units per acre) Zoning Districts LDR (5) MoDR (7.5) McDR (10) HDR (11) SHDR (20) OC LRC GC MXS (20) MX (40) MX - C (80) I R PPGI DRI R-1- AAB <5 R -1 -AA <5.5 R -1-A <6 R-1 <7.5 R-2 <10 R-3 1PUD PUD MHPD C-1 C-2 C-3 C-4 CBD PCD SMU MU -L1 <20 MU -L2 MU -L3 MU -4 MU -H M-1 PID REC PU LDR: Low Density Residential MXS: Mixed Use Suburban Page 408 of 522 MoDR: Moderate Density Residential MX: Mixed Use McDR: Medium Density Residential MX -C: Mixed Use Core HDR: High Density Residential L Industrial SHDR: Special High Density Residential R: Recreation OC: Office Commercial PPGL Public & Private Government/Institutional LRC: Local Retail Commercial DRI: Development of Regional Impact GC: General Commercial 68 69 Section 4. Chapter 3, Article I, Authority, Section 4, Official Zoning Map of 70 the Land Development Regulations, is hereby amended by adding the words and figures 71 in underlined type, as follows: 72 Chapter 3, Art. L Authority, Sect. 4. Official Zoning Map 73 74 C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning 75 districts as follows and as delineated on the official zoning map which, together with all 76 explanatory matter thereon, is hereby declared a part of the official zoning regulations: 77 R-1-AAB Single-family residential district R -1 -AA Single-family residential district R -1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi -family residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU -L1 Mixed use -low intensity 1 district MU -L2 Mixed use -low intensity 2 district MU -L3 Mixed use -low intensity 3 district MU -4 Mixed use 4 MU -H Mixed use -high intensity district M-1 Industrial district - 5 - Page 409 of 522 PID Planned industrial development district PU Public usage district REC Recreation 78 79 80 Section 5. Chapter 3, Article III, Section 1, of the Land Development 81 Regulations, is hereby amended by adding the words and figures in underlined type, as 82 follows: 83 Chapter 3, Art. III. Sect. 1. Overview, 84 E. Mixed -Use Urban Building and Site Regulations (Table 3-4) 85 MIXED USE, URBAN MU -L1 MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0'• s 257 25' 25' 257 Intracoastal waterway 257 257 25' 25' 257 Side abutting Residential single-family 25'/0'• s 257 25' 25' 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 86 87 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 88 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 89 3. For propeAy abu4ing the MU 44 distriet located wast of US!, the aren ofippreases i4l hei&, deflsit�' and F.AR-.qhnll 04044d 90 91 abufting the Mu 44 distriet l0ented 0 st of US 1, the aren ofi4iprense 4)r height shall extend a di4n4ice ofo4qe hundred (100) feet ffoffi 92 . - 6 - Page 410 of 522 94 4. 1k44st also ha- o 4onlagP on ,,.,.a, Gollo,.to h: ho ,.. ,assiti ter 95 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. 96 Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility 97 requirements ofthese regulations. 98 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or 99 residential zoning district not separated by a right-of-way. 100 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 101 8. Where there is an intervening right-of-way of at least forty (40) feet. 102 9. Subject to permitting agency approval. 103 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, exol .ding those ingt,.gpag ,. hpro 104 105 f .mad by the interso,.tion ,.Ft..,. (m ri&s ,.Fway. except in conjunction with providing required visibility at intersections. 106 driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). 107 Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for 108 the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below 109 for additional relief provisions from build -to line requirements. 110 11. Listed eligible historic structures are not required to meet these standards. 111 112 tolew 113 13. Usable open space shall be required for all developments two (2) acres in size or larger- A mioimllm of*, - a paroanr(2°%) aft 114 4t --which shall be devoted to asable spore spaeo, nsistm4g 4 lazas or other public open space, excluding private recreation. See 115 Chapter 4, Article 111, Section 8 for additional regulations. 116 14. Projects within the transit core shall have minimum densities as follows: MU -Ll -eleven (11), MU -L2 -twenty (20), MU -L3 - 117 thirty (30), MU -4 - thirty-five(35) and MU -H - forty (40) dwellings per acre (except that minimum density for the MU -H district 118 applies to projects located within the entire station area). 119 15. Projects within the transit core shall have a minimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and 120 MU -H - two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 121 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) 122 may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. 123 124 Section 6. Chapter 3, Article III, Section 5, Mixed -Use Urban Districts of the 125 Land Development Regulations, is hereby amended by adding the words and figures in 126 underlined type, as follows: 127 Chapter 3, Art. III. Sec. 5. Mixed -Use (Urban) Districts. 128 A. General. 129 130 1. Purpose and Intent. The mixed-use (urban) zoning districts aro if4eaded to implement the 131 eCommunity rRedevelopment pPlans, in part, by providing for a mixture of land uses, 132 accommodating varying densities and intensities appropriate for each planning area, and by 133 establishing quality streetscapes and pedestrian environments as part of a compact urban setting. 134 These districts afe also if4eaded to support transit ridership and in particular, the development of 135 transit -oriented developments near planned passenger train stations along the FEC Railroad 136 corridor, such as the designated location along Northeast 4th Street, between Boynton Beach 137 Boulevard and Ocean Avenue. Additional standards and requirements of this section are based 138 on the proximity to the planned train station, and location within the transit core, which is defined 139 as the area extending one-quarter (1/4) mile from the train station (see map 4 to be determined). 140 To ensure compliance with these Regulations, an application for site plan approval shall be 141 required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) 142 district, except as provided in Section 2.D. I.e. Also see Chapter 4, Article III, Section 6.H. for 143 design and compatibility standards, as well as the urban design guidelines for development within 144 the Boynton Beach eCommunity rRedevelopment aArea (urban design guidelines). The 145 objectives of the mixed-use (urban) districts are as follows: 146 - 7 - Page 411 of 522 147 a. Support and enhance revitalization efforts in the city's traditional commercial core area 148 through the provision of compact, transit -supportive, high density and intensity development; 149 b. Allow for commercial services to be provided to new residential developments in 150 planned locations with appropriate densities, heights, and mixtures of uses; 151 c. Create optimal pedestrian environments and spaces through well located public plazas, 152 expanded public sidewalks, maximized internal and external interconnectivity and design of 153 pedestrian -friendly vehicular circulation areas; 154 d. Allow flexibility in architectural design and building bulk while maximizing 155 compatibility and harmony with adjoining development; 156 e. Create surrounding areas that complement rather than compete with the downtown; and 157 f Create higher quality environments for residents, businesses, employees, and visitors as 158 determined by how well the urban centers function seamlessly with respect to interconnectivity 159 between the principal uses, activity centers, and transportations systems, forming a cohesive and 160 desirable sense of place. 161 162 2. Description of Districts. 163 a. Mixed Use -Low Intensity 1 (MU -L1). The MU -L1 district implements the mixed use 164 (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 165 residential density of twenty (20) dwelling units per acre, except within the Downtown Transit - 166 Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum 167 density is twenty-five (25) dwelling units per acre. In addition, projects located within the transit 168 core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. 169 This minimum density requirement shall be applicable to any such project regardless of whether 170 the site is partially or entirely located within the transit core. 171 b. Mixed Use -Low Intensity 2 (MU -L2). The MU -L2 district implements the mixed use 172 (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 173 residential density of thirty (30) dwelling units per acre, except within the Downtown Transit - 174 Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum 175 density is thirty-seven and one-half (37.5) dwelling units per acre. In addition, projects located 176 within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling 177 units per acre. This minimum density requirement shall be applicable to any such project 178 regardless of whether the site is partially or entirely located within the transit core. 179 c. Mixed Use -Low Intensity 3 (MU -L3). The MU -L3 district implements the mixed use 180 (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 181 residential density of forty (40) dwelling units per acre, except within the Downtown Transit - 182 Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum 183 density is fifty (5 0) dwelling units per acre. In addition, projects located within the transit core of 184 the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This 185 minimum density requirement shall be applicable to any such project regardless of whether the 186 site is partially or entirely located within the transit core. 187 d. Mixed Use -4 (MU -4). The MU -4 district implements the mixed use core (MX -C) future 188 land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential 189 density of sixty (60) dwelling units per acre, except within the Downtown Transit -Oriented 190 Development District (DTODD) Overlay Zone (the Station Area), where the maximum densityis 191 seventy five (75) dwelling units per acre. In addition, projects located within the transit core of 192 the Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This 193 minimum density requirement shall be applicable to any such project regardless of whether the 194 site is partially or entirely located within the transit core. The intent of this new district is to 195 facilitate the establishment of high density and intensity development nodes at strategic locations 196 that support downtown redevelopment, while in certain location also providing a proper - 8 - Page 412 of 522 197 continuum of, or transition in scale between the Mixed Use High (MU -H) and Mixed Use -Low 3 198 (MU -L3) Districts. 199 e. Mixed Use -High Intensity (MU -H). The MU -H district implements the mixed use core 200 (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a 201 maximum residential density of eighty (80) dwelling units per acre, except within the Downtown 202 Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the 203 maximum density is one hundred (100) dwelling units per acre. In addition, projects located 204 within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This 205 minimum density requirement shall be applicable to any such project regardless of whether the 206 site is partially or entirely located within the transit core. The intent of this district is to supplant 207 the central business district (CBD) in the historic downtown and marina district. 208 209 3. Location and General Use Requirements. 210 a. General. The mixed use (urban) districts are intended for projects that promote 211 sustainable design with respect to land use, energy conservation, resource management, and 212 social equity. Rezoning to any of these districts is encouraged for proposed development or 213 redevelopment on lands that are in close proximity to existing infrastructure, public and 214 alternative transportation routes and modes, employment centers, community areas, or have 215 sustained or are complicated by environmental contamination. 216 The mixed use (urban) zoning districts shall be applied to selected geographic areas east of 217 I-95, where a mixture of uses and building intensities is intended to implement the city's 218 Comprehensive Plan, (Redevelopment pPlans, and urban design guidelines including goals 219 involving compact design, transit -oriented development, employment, population, transportation, 220 housing, public facilities, and environmental quality. Permitted uses and associated standards for 221 development vary between the zoning districts each reflecting the importance of the district's 222 location and relationship to the downtown. Maximum heights, densities, and intensities of 223 development are regulated to achieve, in part, the intended vision as established within the 224 Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. 225 226 A master plan as a whole, comprised 227 of individual buildings and parcels, would be reviewed for compliance with the requirements 228 below pertaining to a residential component to the project, and commercial use on the first floor 229 of a project. Projects not meeting the requirement for a residential component shall be reviewed 230 for contribution to employment targets in accordance with FDOT standards for a community 231 center TOD. 232 b. All Mixed Use -Low Intensity Districts. Mixed use -low intensity 1 (MU -L1), mixed 233 use -low intensity 2 (MU -L2), and mixed use -low intensity 3 (MU -L3). 234 (1) In order to complement the revitalization efforts in the downtown area, the MU -L 235 zoning districts shall be applied to lands consistent with the Comprehensive Plan and respective 236 redevelopment plans. Such areas are generally described as Woolbright Road between I-95 and 237 the FLC Railroad, Boynton Beach Boulevard between I-95 and Northwest 1st Street, Martin 238 Luther King Jr. Boulevard, Southeast 4th Street south to Southeast 5th Avenue, and Ocean 239 Avenue between Southeast 4th Street and Southeast 1st Street. See the respective redevelopment 240 plan for specific recommendations on locations and boundaries. 241 (2) The MU -L districts are appropriate for low- to mid -rise developments that provide 242 for medium density residential and low to medium intensity commercial and office uses. 243 (3) The review of these applications will emphasize compactness, aesthetics and design 244 quality, and physical compatibility with adjacent land uses. 245 (4) Except where limited by Table 3-21 in Chapter 3, Article III, Section S.C., all new 246 developments within the MU -L1 and MU -L2 districts that contain a non-residential use shall 247 front on streets designated as "arterial", or "collector", roadways on the Functional Classification 9 Page 413 of 522 248 of Roadways Map. All projects within the MU -L3 district and proposed within the transit core 249 must contain a residential component, and all projects proposed within the mixed use -low 250 intensity districts that front on an arterial road must have space on the first floor devoted to 251 commercial use. 252 (5) Maximum height may be further limited in certain geographic areas to further 253 applicable redevelopment plans and maintain compatibility with an abutting single-family 254 district. 255 256 c. Mixed Use- 4 (MU -4). 257 (1) The mixed use -high intensity (MU -4) district shall only be applied to lands classified 258 as mixed use -core (MX -C) on the future land use map as recommended by the Community 259 Redevelopment Plan. 260 (2) The MU -4 district is appropriate for high density/intensity development intended for 261 designated nodes such as properties at the intersection of US -1 and Woolbright Road, and the 262 downtown area, which is generally located east of the FEC Railroad, including the marina 263 district, and which extends out from the planned train station by approximately three (3) to four 264 (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. 265 Developments proposed within the Downtown Transit -Oriented Development District Overlay 266 Zone (the Station Area) must contain a residential component and have space on the first floor 267 which shall be devoted to commercial uses for those portions of the project having frontage along 268 Ocean Avenue or an arterial road. 269 (3) All new developments within this district shall front on streets designated as 270 "arterial" roadways on the Functional Classification of Roadways Map. 271 d. Rezoning of Single-family Districts. All requests to rezone any single-family residential 272 district to a mixed use zoning district shall be subject to the following additional requirements: 273 (1) Height, density and intensity of development SHALL BE CONSISTENT WITH 274 THE REDEVELOPMENT PLAN FOR THE REDEVELOPMENT DISTRICT bas e 275 ; 276 (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and 277 one-quarter (1.25) foot (depth); 278 (3) Vehicular access to the property located to minimize impacts on adjacent single - 279 family developments and meet safety standards; and 280 (4) Landscape barriers provided, in accordance with the landscape regulations of this 281 Code, where the rezoned property abuts single-family residential zoning 282 ed. Mixed Use -High Intensity (MU -H). 283 (1) The mixed use -high intensity (MU -H) district shall only be applied to lands classified 284 as mixed use -core (MX -C) on the future land use map. 285 (2) The MU -H district is appropriate for high density/intensity development intended for 286 the downtown area, which is generally located east of the FEC Railroad, including the marina 287 district, and which extends out from the planned train station by approximately three (3) to four 288 (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. 289 Developments proposed within the Downtown Transit -Oriented Development District Overlay 290 Zone (the Station Area) must contain a residential component and have space on the first floor 291 which shall be devoted to commercial uses for those portions of the project having frontage along 292 Ocean Avenue or an arterial road. 293 (3) All new developments within this district shall front on streets designated as 294 "arterial" roadways on the Functional Classification of Roadways Map. 295 de. Rezoning of Single-family Districts. All requests to rezone any single-family 296 residential district to a mixed use zoning district shall be subject to the following additional 297 requirements: io - Page 414 of 522 298 (1) Height, density and intensity of development based on the ,,.,d a f „mage the 299 standards indicated in Table 3-21; 300 (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and 301 one-quarter (1.25) foot (depth); 302 (3) Vehicular access to the property located to minimize impacts on adjacent single - 303 family developments and meet safety standards; and 304 (4) Landscape barriers provided, in accordance with the landscape regulations of this 305 Code, where the rezoned property abuts single-family residential zoning. 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. Sect. 5.C.1. Building and Site Regulations (Table 3-21). MIXED USE, URBAN MU -L1 MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirementlo Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0'• s 257 25' 25' 257 Intracoastal waterway 257 257 25' 25' 257 Side abutting Residential single-family 25'/0'• s 257 25' 25' 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 10/0 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. di4n4lop of 044P hundred (100) feet ffRm the M1114 zo4iing distriot line and shall require oanditional use approval. ForpropaFties dis#iO4 ]OCR-4ed, Past 4J48 1, t4e afea 4merpaqp 4)rllpig4t s4all 040144 a diq4aflep 40flp 111_1144r04 the MU 14 zoning distriet li4ie n4id, qhall require 0anditional use approval� however, no ifloreases in densityand FAR Are Allowed A Must ,.1so 1.,.. e ffonlage an 1....,.1 ....11o..tor or higher roadway olassifio,.t:...g 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. - 11 - Page 415 of 522 324 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU-L or 325 residential zoning district not separated by a right-of-way. 326 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 327 8. Where there is an intervening right-of-way of at least forty (40) feet. 328 9. Subject to permitting agency approval. 329 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, exol .ding those in4a4l^^g ,. h pro 330 331 f .mad by the into sootio , of two im ri&s 4 ay except in conjunction with providing required visibility at intersections, 332 driveways: open spaces and public plazas: or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). 333 Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for 334 the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below 335 for additional relief provisions from build-to line requirements. 336 11. Listed eligible historic structures are not required to meet these standards. 337 19. The ultim-nto se4h_ nek i s n1so n 4-otor of height and applioation of the Sky Exposure Plang i4i nepord nfflpe 114,4h septi 044 5 C_ q 338 below 339 13. Usable open space shall be required for all developments two (2) acres in size or larger- A Mi4limilm of A- a paroanr(2°%) of a „.,"^ 340 4t--which shall be devoted to sablo epo^ s^^^^ ^ �:� g ^+plazas or other public open space, excluding private recreation. See 341 Chapter 4, Article 111, Section 8 for additional regulations. 342 14. Projects within the transit core shall have minimum densities as follows: MU-Ll -eleven (11), MU-L2 -twenty (20), MU-L3 - 343 thirty (30), MU-4 - thirty-five(35) and MU-H - forty (40) dwellings per acre (except that minimum density for the MU-H district 344 applies to projects located within the entire station area). 345 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 -one and three-quarters (1.75), MU-4 (2.0) and 346 MU-H - two (2.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 347 16. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) 348 may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. 349 350 351 Section 7. Chapter 3, Article IV, Section 3.13 of the Land Development 352 Regulations, is hereby amended by adding the words and figures in underlined type, as 353 follows: 354 See attached Exhibit "A" 355 356 Section 8. Chapter 3, Article IV, Section 3, Use Regulations of the Land 357 Development Regulations, is hereby amended by adding the words and figures in 358 underlined type, as follows: 359 Chapter 3, Art. IV., Sect. 3. Use Regulations 360 D. Use Matrix Notes 361 362 41. Hotel & Motel (includes Boutique, Extended -stay, Apartment, Timeshare 363 Apartment). 364 a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. 365 Boutique hotels are not listed as permitted uses. 366 b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. 367 c. CBD District. Apartment hotels require conditional use approval. -12 - Page 416 of 522 368 d. PCD District. Timeshare apartments shall comply with R-3 district regulations. 369 Boutique hotels are not listed as permitted uses. 370 e. SMU District. Hotels require conditional use approval. Apartment hotels, 371 boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are 372 prohibited uses. 373 f MU -L1 District, MU -L2 District, and MU -L3 District. Timeshare hotels are not 374 listed as permitted uses. Boutique hotels and motels are prohibited uses. 375 g. MU -4 District and MU -H District. Boutique hotels require conditional use 376 approval and must be integrated into a commercial or mixed use development and not 377 exceed thirty percent (30%) of the gross floor area of the entire development. Apartment 378 hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited 379 uses. 380 h. PID district. This non -industrial use is allowed within the PID district provided it 381 is located on a lot that has a Hotel (H) land use option. 382 383 42. Live -Work Units. 384 a. SMU District. This subsection provides for the use of residential structures to 385 accommodate live/work opportunities. Live -work units shall be specifically designated 386 on the site plan, and comply with the following standards and requirements. These 387 provisions are not applicable to dwellings or occupations that meet the definition of home 388 occupation. All respective site plan pages shall identify all proposed live -work units and 389 buildings. Live -work units shall be tallied in the site plan tabular data. 390 (1) Location. To minimize impacts to the greater neighborhood, units planned for 391 live -work units shall be located at the perimeter of the residential project or along the 392 project's principal roadway, and/or where possible, adjacent to perimeter/external rights - 393 of -way. 394 (2) Use(s): Non-residential uses that are permitted in live -work units are generally 395 limited to professional service, business service, or tutoring services. A listing of 396 common uses permissible in live -work units, subject to issuance of occupational license 397 are located in subsection (16) below. No work activity shall be permitted that by virtue of 398 intensity or number of employees has the potential to create impacts by reason of traffic, 399 parking issues, hazardous materials, or excess waste. The following list identifies the 400 permitted uses within designated live -work units, subject to processing through the city's 401 business tax office: 402 Addressing service/mailing list compiler 403 Arbitrator, mediator services 404 Cleaning services, maid, housekeeping, janitorial 405 Commercial artist/design studio 406 Commercial photography 407 Computer programming service 408 Computer software development 409 Data processing 410 Direct mail advertising services 411 Editing, proofreading, typing service 412 Paralegal -13 - Page 417 of 522 413 Party supplies, rental/leasing (office only, no storage on-site) 414 Private investigator 415 Recording service 416 Secretarial service 417 Boat broker (office only) 418 Alteration, dressmaking shop, tailor 419 Abstract and/or title company 420 Accountant/income tax services 421 Adjusters, insurance 422 Advertising office 423 Appraiser 424 Architect 425 Attorney 426 Auctioneer (office only) 427 Author 428 Broker 429 Business analyst 430 Calculating and statistical service 431 Court reporting/stenographers 432 Credit reporting 433 Engineer's office 434 Importer/exporter (office only) 435 Insurance agency/bond office 436 Interior decorating 437 Loan company office 438 Market research office 439 Model agency 440 Notary public office 441 Public relations office 442 Real estate sales/management office 443 Travel agency 444 Tutoring or instruction (academics, music, art) 445 Art studio with ancillary sales 446 (3) Floor Area. The minimum floor area of a live -work unit shall be one thousand 447 (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work 448 unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage 449 areas. The remaining gross floor area of each unit shall be reserved and regularly used for 450 sleeping space. 451 (4) Construction. Each live -work unit shall be a separate unit from other uses in 452 the building. The ground floor of all live -work units shall meet the Florida Building Code 453 requirements for mixed occupancy buildings. Each unit, including the garage, shall be 454 separated by walls from other live -work units or other uses in the building. 455 (5) Accessibility. Buildings designated as live -work units shall provide universal 456 accessibility to the front and to the interior space of the non-residential area of the live - 457 work unit from the public sidewalk adjacent to the street. -14- Page 418 of 522 458 (6) Miscellaneous. No more than two (2) on-site employees, in addition to the 459 resident(s) of the live -work unit, may undertake business activities from said unit. At 460 least one (1) resident of an individual live -work unit shall maintain a current occupational 461 license for a business located in that unit. Acknowledgment, in the form of an affidavit, 462 of the employee limitation shall be made by the unit resident, at the time of application for 463 an occupational license. The work area shall not be rented separately from the living 464 space. 465 b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H 466 District. The following restrictions apply to projects within zoning districts that contain 467 master plans approved for live -work units: 468 (1) Floor Area. The minimum floor area of a live -work unit shall be one thousand 469 (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work 470 unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage 471 areas. The remaining gross floor area of each unit shall be reserved and regularly used for 472 sleeping space. 473 (2) Use(s). The work activity in a building where live -work units are allowed shall 474 be any use permitted by right in the zoning district, except that in order to protect the 475 health and safety of persons who reside in a live -work unit, no work activity shall be 476 permitted that by virtue of size, intensity, number of employees or the nature of the 477 operation, has the potential to create significant impacts by reason of dust, glare, heat, 478 noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be 479 hazardous by way of materials, process, product or wastes. 480 (3) Construction. Each live -work unit shall be a separate unit from other uses in 481 the building. 482 (4) Accessibility. Access to each live -work unit shall be provided from common 483 access areas, common halls or corridors, or directly from the exterior of the building. 484 (5) Separation. Each live -work unit shall be a separate unit from other uses in the 485 building. Access to each live -work unit shall be provided from common access areas, 486 common halls, or corridors, or directly from the exterior of the building. 487 (6) Miscellaneous. At least one (1) resident of an individual live -work unit shall 488 maintain a current business tax receipt for a business located in that unit. No portion of a 489 live -work unit may be separately rented or sold as a commercial space for a person or 490 persons not living in the premises or as a residential space for a person not working in the 491 same unit. No live -work unit shall singly be changed to exclusively commercial or 492 exclusively residential use. No conversion of all live -work units in a single structure to 493 exclusively residential use shall be permitted where the work portion of the units is the 494 only commercial use in a project, nor shall conversion to exclusively commercial use be 495 permitted where the live portion of the units is the only residential use in a project. 496 497 498 45. Boat Dealer/Rental. 499 a. C-4 District. Boat dealer/rental, as a principal use, shall exclude the repair or 500 service of vessels on the premises. A boat dealer/rental is allowed as an accessory use to 501 a marina but conditional use approval is required. No exterior loudspeakers or paging 502 equipment shall be permitted on-site. -15 - Page 419 of 522 503 b. MU -4 District and MU -H District. Boat dealer/rental is allowed as an accessory 504 use to a marina but conditional use approval is required. No exterior loudspeakers or 505 paging equipment shall be permitted on-site. Storage/display allowed only in wet docks 506 or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, 507 repairs, and storage of marine trailers are prohibited. 508 509 510 48. Hardware Store. 511 a. CBD District. Excluding lumber or building materials dealers, lawn & garden 512 shops, glass, electrical, plumbing, heating supplies, and the like. 513 b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District, MU -H District, 514 and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) 515 square feet. 516 c. PID District. This use excludes an on-site lumber yard and any other exterior 517 (outside) activity or storage. 518 519 520 50. Marine Accessories. 521 a. C-2 District. Excluding any installation on premises, and excluding machine shop 522 service. 523 b. MU -L1 District, MU -L2 District, MU -L3 District,MU-4 District and MU -H 524 District. Indoor storage/display only and shall not exceed ten thousand (10,000) square 525 feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. 526 Marine customizing, detailing, service, parts, or repair is also prohibited. 527 528 529 57. Pharmacy & Drug Store. 530 a. All Districts. No more than fifteen percent (15%) of the total number of 531 prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule 532 11 controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be 533 staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, 534 or pharmacy function of the drug store, is open for business. This restriction on 535 prescription sales shall not apply to a pharmacy operating accessory to a facility licensed 536 pursuant to F. S. Chapter 395 (e.g., hospital). 537 b. MU -4 and MU -H Districts. Use shall be subject to the following distance 538 separation requirements from similar uses, measured in a straight line, using the shortest 539 distance between property lines shall be the following: 540 (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) 541 square feet of gross floor area; 542 (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal 543 to or greater than five thousand (5,000) gross square feet. 544 545 546 547 548 66. Dry Cleaner. -16 - Page 420 of 522 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU -4 District and MU -H District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 81. Sightseeing & Scenic Tours. a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. Section 9. Chapter 3, Article V, Section 13, Wireless Communications Facilities of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 3, Art. V., Sect. 13. Wireless Communication Facilities D.6. e. Zoning Districts and Affiliated Process (Table 3-29). Zoning Concealed Non- Concealed Non- Mitigation Antenna Co - Co- g Attached concealed Freestanding concealed of Existing Element location District Attached Freestanding WCF 1 WCF 4 WCF 7 Replacement g WCF 2 WCF 4 R-1 CC3 AD AD AD R-2 AD CC3 AD AD AD R-3 AD AD CC3 AD AD AD PUD AD AD CC3 AD AD AD IPUD AD AD CC3 AD AD AD MHPD CC3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD -17- Page 421 of 522 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 C-3 AD AD CC R-1 Single -Family Residential AD AD AD C-4 AD AD CC R-3 Multi -Family Residential AD AD AD CBD AD AD CC IPUD Infill Planned Unit Development AD AD AD PCD AD AD CC C-1 Office Professional AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC g WCF AD AD AD MU -L-1 AD AD CC AD AD AD MU -L-2 AD AD CC AD AD AD MU -L-3 AD AD CC AD AD AD MU -4 AD AD CC AD AD AD MU -H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legena: AD - Administrative (Staff) Approval CC -City Commission (Public Hearing) Approval Blank -Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofiine. 2 Non -concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church). 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Requires conditional use approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city -owned site and the lease requires each tenant to have a separate lease with city (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). Zoning Districts: Non- R-1 Single -Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU -L-1 Mixed Use Low Intensity 1 R-3 Multi -Family Residential C-4 General Commercial MU -L-2 Mixed Use Low Intensity 2 PUD Planned Unit Development CBD Central Business District MU -L-3 Mixed Use Low Intensity 3 IPUD Infill Planned Unit Development PCD Planned Commercial Development MU -4 Mixed Use 4 MHPD Mobile Home Planned Development REC Recreation MU -H Mixed Use High C-1 Office Professional PU Public Usage PID Planned Industrial Development Attached M-1 Light Industrial f. Maximum Heights of WCF (Table 3-30). -18- Page 422 of 522 Non- Non- Mitigatio Antenna Zoning Concealed Concealed Co - concealed concealed n of Element Distric Attached Freestandin locatio Attached Freestandin Existing Replacemen t WCF g WCF n WCF g WCF WCF t R-1 3,4 6 7 R-2 2 3,4 6 7 -18- Page 422 of 522 597 598 599 600 601 602 603 604 605 606 607 W 6010 611 612 613 614 615 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 S M U 1 2 3,4 6 7 MU -L- 1 1 2 3,4 6 7 MU -L- 2 1 2 3,4 6 7 MU -L- 3 1 2 3,4 6 7 MU -4 1 2 3,4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 roornores: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofline. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative withjurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less titan one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. -19- Page 423 of 522 617 618 619 620 621 622 623 g. Setbacks and Separation Between WCF (Table 3-31). Zoning Distric t Concealed Attached WCF Non- concealed Attached WCF Concealed Freestandin g WCF Non- concealed Freestandin g WCF Mitigatio n of Existing WCF Antenna Element Replacemen t Co - locatio n R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L- 1 1 2 3,4 6 7 MU -L- 2 1 2 3,4 6 7 MU -L- 3 1 2 3,4 6 7 MU -4 1 2 3,4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a nium mm of forty (40) feet in height, not to exceed fifteen (15) feet above the roothre. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative withjurisdiction over the right-of-way and/or the utility company) or on existing ball park fight poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. _20_ Page 424 of 522 6624 25 residential A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prolubited in a mixed use pod with a component within a PID, the maximum height shall be limited to one hundred (100) feet if located less titan one thousand (1,000) feet from a residential use, and one 626 hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all maxed use districts height is luted to approved budding height or seventy (70) 627 feet whichever is less. 628 5 Only when located on city -owned property of two (2) acres or more. 6629 30 use. Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential e. 631 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. 632 633 634 Section 10. Should any section or provision of this Ordinance or any portion 635 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 636 not affect the remainder of this Ordinance. 637 Section 11. Authority is hereby given to codify this Ordinance. 638 Section 12. This Ordinance shall become effective immediately. 639 FIRST READING this day of , 2016. 640 SECOND, FINAL READING AND PASSAGE this day of 641 2017. 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO -21- Page 425 of 522 nd a m d m d m d m d m .@ Old N N b C I-II a H-nin Um a�om a�om a� b'I-nN s�-nin m m m a a a U b z�-nin I'I-nin m m m a a a U nips a a a a U a m a m a a U a OgU m m m m U U U a a z a a � a o U .a � Z -U w a dHN Ond a a a U �Clfldl a a a t� p NO .ti Z -2I � a a a �i I -2I � U � 0.. o a 0.. d -I -2I U m a m a s ddi'd Um am as gVVI'd Um am as Jr LLUd d W Qb Qb Q 2U u au j j / jG j / j2 jg / \ \ ±2± ƒ ) \ - N N LO O N V (D 0) (6 N d iv N d iv N d iv .a d L 0 N 0 N 0 N al .•I �� a� a� a� �� a-1 a.j � co 0.. 0.. 0.. 0.. � 0.. � 0.. 0 0.. 0.. 0.... 0 0 0.. 0.. 0.. � 0.. co 0.. 0.. 0.. 0.. a a m a a a a a a a a U U a ° o co 0.. co 0.. co co 0.. � co 0.. co 0.. T 3 O C 0 N N LO O N V (D 0) (6 0 N d 0 N d �O LL LL LL LL P LL LL LL LL LL LL m LL m U LL LL m LL ml a a a al �� a al al ,W a al nl a a a o � o� o o� o 0.. 0.. 0.. 0 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0 o U 0.. 0.. 0.. � 0.. 0.. � 0.. 0.. 0.. 0.. 0.. F � W x 0.. 0.. 0.. 0.. 0.. 0.. 00 0 0� ova m U w w o � co co co w '- o b v Q 'u o op fx 4 O F F U J W. 0. 0. U U U .� U Q N N LO O N (o V N 0) m a_ o N � . N N 0.. oN d m 0.. P. P. m P. N LL N LL LL m LL m LL m LL LL LL LL LL 21 21 21 21 0.. 0.. 0.. 0.. 0.. 0.. 0.... 0.... 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.... 0.... 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0...m. 0.. � d a a a a a a a z O F a a a a W a a a a a a a a C4 U w � U � a a a a x z w F x w z a a U o N a w o O OCq G, U O F O L.' O Or itl v v p, C b N N LO O N (o V N 0) m a_ ; _ / «/ - 3 - _- 3 \/ 0,o 0 0\ a a a a a iv iv iv o� a a U a U a a a U co U a a G O a Q a G O U U a a R F r� G w R r W 0.. W 0.. r W � r W U U U W U r W U to U to U W U U W U F dJ b C v ( /} \\ !! 7 \ «a } =/7 : : / ) \ I j) cZ / \ \ \ )_ ea \� DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-047 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: November 16, 2016 RE: Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning district including amendments or additions to definitions, site development standards, zoning uses, and urban design standards; and Amendments to the LAND DEVELOPMENT REGULATIONS Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further business and economic development opportunities, make adjustments to standards based on new findings, and more importantly, begin the implementation of the newly adopted Community Redevelopment Plan. -1- Page 438 of 522 EXPLANATION Proposed MU — 4 Zoning District Although the CRA Plan will undergo comprehensive implementation in 2017, requiring an "audit" of existing zoning and other land development regulations for consistency with the many recommendations of the Redevelopment Plan, some Plan recommendations have immediate application to current or pending development applications and are therefore being implemented incrementally. The CRA Plan (fka "the Consolidated Plan") was adopted on October 4th which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road. The Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with .a new district. Specifically, from the Land Use & Zoning Section, a recommendation reads: "Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoninq district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap." The various chapters and sections of the LDR to be amended to establish the MU -4 District, and proposed changes, are summarized below and shown in underlined/crossed-out format in the attachments. • Terms and Definitions (LDR Chapter 1, Art. II) — Existing definitions for affected zoning districts would be amended to incorporate the new MU -4 District. -2- Page 439 of 522 • Zoning Districts and Future Land Use Classifications (LDR Ch. 1, Art. III, Sect. 3.13. Table 1.1) — Table 1.1 would be amended to establish the new District and its relationship to the corresponding Future Land Use Classification, Mixed Use Core. • Official list of zoning districts and short titles (LDR Ch. 3, Art. I, Sect. 4) — This list corresponds with the City's Official Zoning Map and is the official list of zoning districts and represents the opening section of the Zoning Regulations for the LDR. • Building and Site Regulations (LDR Ch. 3, Art. III, Section 1) — Table 3-4, and identical Table 3-21, contain the building and site regulations for each of the mixed-use zoning districts for the urban (i.e. CRA) area. These tables and the other sections of this chapter will receive a more thorough evaluation (i.e. "audit") as part of the comprehensive implementation of the new CRA Plan; however, in the interim the standards for this new district are a factor of the MU -L3 and MU -H Districts. Except where the MU -4 is intended to bridge t the gap between the MU -L3 and MU -H Zoning Districts (see maximum height and maximum density), the standards for the MU -H Districts are being used given the similarity in design and role in the redevelopment of downtown. Staff is also using this opportunity to amend these tables for consistency with the CRA Plan direction relative to the intended locations for the mixed use districts. As indicated in the current version of the tables (see attachments), standards varied depending on the type or class of roadway on which the project fronts. Instead the locations intended for each district is clearly specified in the Plan within the respective planning "Districts". Due to the significant reformatting of the table, and for readying the tables for ultimate ordinance format, the entire table will be shown underlined even though the only changes regard the MU -4 District, the new Pedestrian Zone Requirement, and the corresponding footnotes. It is staffs intention to minimize the amendments to this table, leaving the updates as part of the more thorough examination during the implementation audit. • Mixed Use District Descriptions (LDR Ch. 3, Art. III, Section 5) — This section would be amended to include the basic definition/description of the zoning district, including purpose and intent, some repeated development standards, and reference to the newly adopted Redevelopment Plan. • Zoning Use Matrix (LDR, Ch. 3, Art. IV, Sect. 3.13) — This table is the heart of the zoning regulations as it contains the list of all permitted, conditional and accessory uses for each of the zoning districts. If the subject request is approved, the Use Matrix would be populated to include the new district and the corresponding permitted, conditional, and accessory uses (any use not specifically listed would be prohibited unless the use matrix is interpreted to allow a given use as being comparable or similar to a listed use). The thought process used in selecting the uses for the new district was based on the general vision represented by the Redevelopment Plan for each of the planning districts. Although staff was tempted to propose similar amendments to the other mixed use districts for consistency, staff determined that such amendments should result from the comprehensive amendment process, including, if identified at that time, revisions to the MU -4 District. -3- Page 440 of 522 • Zoning Use Matrix Notes (LDR, Ch. 3, Art. IV, Sect. 3.13) — Special restrictions or provisions that correspond with a given use and zoning district are listed in the Use Matrix Notes and immediately follow the Use Matrix in Section 3.D. The few amendments needed to add the MU -4 District are indicated in the attached exhibit, and are self-explanatory. • Wireless Communications Facility standards (LDR, Ch. 3, Art. 5, Sect. 13) — Table 3-29 is proposed to be amended to for consistent regulating of proposed towers or antennae within this new district.. Table 3-29 indicates the review process for the type of tower/antennae improvement and zoning district. • Exterior Building and Site Design Standards (LDR, Ch. 4, Art. 3, Sect. 5) — Minimal amendments are planned for this initial and incremental stage. Proposed elimination of minimum & maximum sizes for IPUD Zoning The IPUD (Infill Planned Unit Development) Zoning District was established in 2002 for the purpose of allowing design flexibility at higher densities to accommodate infill and redevelopment on parcels less than five (5) acres in size, which is the minimum size standard for the PUD (Planned Unit Development) Zoning District. Whereas the PUD Zoning District was written to accommodate and guide the development of large planned residential developments within the suburban areas of the City, the IPUD Zoning District was originally intended for new development or redevelopment proposed within the northern or southern segments of the Federal Highway corridor, along the eastern fringes of the CRA. Consistent with tradition, flexible development standards were incorporated into the ordinance, along with general design objectives, and minimum and maximum lot size standards. The minimum size standard for the IPUD Zoning District was originally set at one (1) acre, as it was felt that at least one acre would be necessary to accommodate adequate space for substantial landscaping, residential compatibility standards, setbacks and optimal layout and design, to achieve a development standard similar to the quality intended for the Planned Unit Development Zoning District. After recent review and consideration against the new vision for the CRA, and need for development incentives and zoning for small parcels that cannot be assembled and developed under a mixed-use zoning district, and/or where the Plan recommends the Special High Density Residential Land Use Classification rather than one of the mixed-use zoning districts, staff recommends the removal of the minimum size threshold. Staff acknowledges that the urban setting does not call for extensive setbacks and greater buffering that is characteristic of the PUD Zoning District and the suburban environment, and that the intended design character of small residential infill projects can be achieved with the overlay standards and the existing compatibility requirements within the IPUD regulations (the Urban Commercial District Overlay Standard Zone regulations establish a common front setback for a given roadway corridor regardless of zoning district). -4- Page 441 of 522 Staff also recommends that the maximum standard of 5 acres be removed to allow for flexibility and development of slightly larger residential projects that may exceed the 5 acre threshold within the urban area, where application of the suburban -based PUD development standards is unintended. For example, this amendment would support the Community Redevelopment Plan recommendation for a cottage district development within the Heart of Boynton, which would exceed 5 acres if all land with the given study area is assembled. Lastly, the proposed amendments to the purpose and intent section of the zoning regulations is to achieve conformity with the updated Community Redevelopment Plan and consolidation of the individual plans. The proposed amendments are indicated in the attached excerpt from the Land Development Regulations, LDR Chapter 3, Article III, Section 2.G. IPUD Infill Planned Unit Development District. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to commence the implementation of the City's new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 16-006 MU -4 zoning district\Staff Report - MU4, IPUD area, medical accessory.doc -5- Page 442 of 522 ATTACHMENTS Proposed MU — 4 Zoning District Page 443 of 522 ATTACHMENTS Proposed Elimination of IPUD Size Standards Page 444 of 522 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 1, Art. II. Definitions CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. Whenever the words "conventional district" or "conventional zoning district" are used, they are construed to exclude any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU -1-1 mixed use -low intensity 1; MU -1_2 mixed use -low intensity 2; MU -1_3 mixed use -low intensity 3; MU -4 mixed use; MU -H mixed use -high intensity; and PID planned industrial development. MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or "mixed use zoning district" are used, they are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU -1-1 mixed use -low intensity 1; MU -1_2 mixed use -low intensity 2; MU -1_3 mixed use -low intensity 3; MU -4 mixed use 4; and MU -H mixed use -high intensity. PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. Whenever the words "planned district" or "planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU -1-1 mixed use -low intensity 1; MU -1_2 mixed use -low intensity 2; MU -1_3 mixed use -low intensity 3; MU -4 mixed use 4; MU -H mixed use -high intensity; and PID planned industrial development. Page 445 of 522 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 1, Art. III. Relationship to Comprehensive Plan, Section S.B. Table 1.1 Page 446 of 522 Future Land Use Map (FLUM) Classification (including maximum dwelling units per acre) Zoning Districts LDR (� MoDR (7.5) McDR (10) HDR (11) SHDR (20) OC LRC GC MXS (20) MX (40) MX- (80) I R PPGI llR1 R-1- AAB <5 R -1 -AA 15.5 R -1-A <6 R-1 <7.5 R-2 <10 R-3 IPUD PUD MHPD C-1 C-2 C-3 C-4 CBD PCD SMU MU -L1 <20 MU -L2 MU -L3 MU -4 MU -H M-1 PID REC PU LDR: Low Density Residential MXS: Mixed Use Suburban MoDR: Moderate Density Residential MX: Mixed Use McDR: Medium Density Residential MX -C: Mixed Use Core HDR: High Density Residential L Industrial SHDR: Special High Density Residential R: Recreation OC: Office Commercial PPGL Public & Private Government/Institutional LRC: Local Retail Commercial DRI: Development of Regional Impact GC: General Commercial Page 446 of 522 Page 447 of 522 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. I. Authority, Sect. 4. Official Zoning Map C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R -1 -AA Single-family residential district R -1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi -family residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU -L1 Mixed use -low intensity 1 district MU -L2 Mixed use -low intensity 2 district MU -L3 Mixed use -low intensity 3 district MU -4 Mixed use 4 MU -H Mixed use -high intensity district M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation Page 448 of 522 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. III. Sect. 1. Overview, E. Mixed -Use Urban Building and Site Regulations (Table 3-4) MIXED USE, URBAN MU -Ll MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Reguirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0''' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family 25'/0''' 25' 25' 25' 25' Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 10/0 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. hundred (100) feet 40M the MT -144 z0fling distfiot line and shall require 0anditional use approval. For propeAies abufting t4a MU 44 di4riet 10ented east 4J48 1, t4e RrPR 4morease 4* lwig4t s4all 0?4014d, R dis4R440P 4 044P 14oa&e4 (100) t�et 4em 41ip M44 Nzemng 4istriet line aR4 s4all reqoire A 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, o.,,a..,ling t ase :.44Riiepg ,. wre s..-:,.. Rdilerofleo W'S (2) rfg4tS + except in conjunction with providing required visibility at intersections, driveways: oven spaces and public plazas: or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadwav type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger - shall be devoted to ,wale spore spaeo, nsistm4g 4plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -Ll -eleven (11), MU -L2 -twenty (20), MU -L3 -thirty (30), MU -4 - thirty-five (35) and MU -H -forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have aminimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and MU -H -two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) maybe increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. Page 449 of 522 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. III. Sec. 5. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use (urban) zoning districts ^rem implement the eCommunity rRedevelopment pPlans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These districts also intended support transit ridership and in particular, the development of transit -oriented developments near planned passenger train stations along the FEC Railroad corridor, such as the designated location along Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station (see map # to be determined). To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D. Le. Also see Chapter 4, Article III, Section 6.H. for design and compatibility standards, as well as the urban design guidelines for development within the Boynton Beach eCommunity rRedevelopment -aArea (urban design guidelines). The objectives of the mixed-use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit -supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian -friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use -Low Intensity 1 (MU -L 1). The MU -L 1 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is twenty-five (25) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use -Low Intensity 2 (MU -L2). The MU -L2 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of thirty (30) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is thirty-seven and one-half (37.5) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use -Low Intensity 3 (MU -L3). The MU -L3 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (40) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is fifty (50) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use -4 (MU -4). The MU -4 district implements the mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of si2ity(60) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is seventy five (75) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum densitv of thirtv five (35) dwelling units per acre. This minimum densi , requirement shall be applicable to an,such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density Page 450 of 522 and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing proper continuum of, or transition in scale between the Mixed Use High (MU -H) and Mixed Use - Low 3 (MU -L3) Districts. e. Mixed Use -High Intensity (MU -H). The MU -H district implements the mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is one hundred (100) dwelling units per acre. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the central business district (CBD) in the historic downtown and marina district. 3. Location and General Use Requirements. a. General. The mixed use (urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the city's Comprehensive Plan, r -Redevelopment pPlans, and urban design guidelines including goals involving compact design, transit -oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility ^ ^rdii4g +^ tl4e elans'f eatiE)' ^f tl4e rE)ad ^ tl4at ^,.,,.s tl4e ^ eet A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a community center TOD. b. All Mixed Use -Low Intensity Districts. Mixed use -low intensity 1 (MU -L 1), mixed use -low intensity 2 (MU -L2), and mixed use -low intensity 3 (MU -L3). (1) In order to complement the revitalization efforts in the downtown area, the MU -L zoning districts shall be applied to lands consistent with the Comprehensive Plan and respective redevelopment plans. Such areas are generally described as Woolbright Road between I-95 and the FLC Railroad, Boynton Beach Boulevard between I-95 and Northwest 1 st Street, Martin Luther King Jr. Boulevard, Southeast 4th Street south to Southeast 5th Avenue, and Ocean Avenue between Southeast 4th Street and Southeast 1 st Street. See the respective redevelopment plan for specific recommendations on locations and boundaries. (2) The MU -L districts are appropriate for low- to mid -rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21 in Chapter 3, Article III, Section S.C., all new developments within the MU -L 1 and MU -L2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the Functional Classification of Roadways Map. All projects within the MU -L3 district and proposed within the transit core must contain a residential component, and all projects proposed within the mixed use - low intensity districts that front on an arterial road must have space on the first floor devoted to commercial use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use- 4 (MU -4). (1) The mixed use -high intensity (MU -4) district shall only be applied to lands classified as mixed use -core (MX -C) on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU -4 district is appropriate for high density/intensity development intended for designated nodes such as properties at the intersection of US -1 and Woolbright Road, and the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. Page 451 of 522 (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development SHALL BE CONSISTENT WITH THE REDEVELOPMENT PLAN FOR THE REDEVELOPMENT DISTRICT base' en 444 readway f ei4age; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning ed. Mixed Use -High Intensity (MU -H). (1) The mixed use -high intensity (MU -H) district shall only be applied to lands classified as mixed use -core (MX -C) on the future land use map. (2) The MU -H district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on 444 rea4 a fent ge the standards indicated in Table 3-21; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. Page 452 of 522 Sect. 5.C.1. Building and Site Regulations (Table 3-21). MIXED USE, URBAN MU -Ll MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street Oto Oto Oto Oto Oto Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0',' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family 25'/0''' 25' 25' 25' 25' Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. east of US 1, t4a a-rea of i4iorame 44 height shall extand A diq*A4400 of 0440 hundred (100) feet 4om the MT -144 zoning distriot line and shall require 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, o.,,a..4ing t ase :.44Riiepg ,. wre strict Rdlierofleo two (2) rights 41 except in conjunction with providing required visibility at intersections, driveways open spaces and public plazas: or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger- A :. Ff-,xo- . are e. -t 1-2, ) 'aF ka 4te-which shall be devoted to ,wale aper spaeo, nsistm4g 4plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -Ll -eleven (11), MU -L2 -twenty (20), MU -L3 -thirty (30), MU -4 - thirty-five (35) and MU -H -forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have aminimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and MU -H -two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) maybe increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. Page 453 of 522 nd a m d m d m d m d m .@ Old N N b C I-II a H-nin Um a�om a�om a� b'I-nN s�-nin m m m a a a U b z�-nin I'I-nin m m m a a a U nips a a a a U a m a m a a U a OgU m m m m U U U a a z a a � a o U .a � z -U w a dHN Ond a a a U �Clfldl a a a t� p NO .ti Z -2I � a a a �i I -2I � U � 0.. o a 0.. d -I -2I U m a m a s ddi'd Um am as gVVI'd Um am as Jr LLUd d W Qb Qb Q 2U u au j j / jG j / j2 jg / \ \ ±2± ƒ ) \ - N N LO O I— LO V (D 0) (6 N d iv N d iv N d iv .a d L 0 N 0 N 0 N al .•I �� a� a� a� �� a-1 a.j � co 0.. 0.. 0.. 0.. � 0.. � 0.. 0 0.. 0.. 0.... 0 0 0.. 0.. 0.. � 0.. co 0.. 0.. 0.. 0.. a a m a a a a a a a a U U a ° o co 0.. co 0.. co co 0.. � co 0.. co 0.. 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W 0.. r W � r W U U U W U r W U to U to U W U U W U F dJ b C v ( /} \\ !! 7 \ «a } =/7 : : / ) \ I j) cZ / \ \ \ )_ ea \� Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. IV., Sect. 3. Use Regulations D. Use Matrix Notes 41. Hotel & Motel (includes Boutique, Extended -stay, Apartment, Timeshare Apartment). a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. c. CBD District. Apartment hotels require conditional use approval. d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. f MU -L1 District, MU -L2 District, and MU -L3 District. Timeshare hotels are not listed as permitted uses. Boutique hotels and motels are prohibited uses. g. MU -4 District and MU -H District. Boutique hotels require conditional use approval and must be integrated into a commercial or mixed use development and not exceed thirty percent (30%) of the gross floor area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. h. PID district. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H) land use option. 42. Live -Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live -work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation. All respective site plan pages shall identify all proposed live -work units and buildings. Live -work units shall be tallied in the site plan tabular data. (1) Location. To minimize impacts to the greater neighborhood, units planned for live - work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live -work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live -work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live -work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping, janitorial Commercial artist/design studio Commercial photography Page 466 of 522 Computer programming service Computer software development Data processing Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop, tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Apprai ser Architect Attorney Auctioneer (office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live -work unit shall be a separate unit from other uses in the building. The ground floor of all live -work units shall meet the Florida Building Code Page 467 of 522 requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live -work units or other uses in the building. (5) Accessibility. Buildings designated as live -work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live -work unit from the public sidewalk adjacent to the street. (6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live -work unit, may undertake business activities from said unit. At least one (1) resident of an individual live -work unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. The following restrictions apply to projects within zoning districts that contain master plans approved for live -work units: (1) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (2) Use(s). The work activity in a building where live -work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live -work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. (3) Construction. Each live -work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live -work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live -work unit shall be a separate unit from other uses in the building. Access to each live -work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1) resident of an individual live -work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live -work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. No live -work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live -work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 45. Boat Dealer/Rental. a. C-4 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. A boat dealer/rental is allowed as an accessory use to a marina but Page 468 of 522 conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. b. MU -4 District and MU -H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. 48. Hardware Store. a. CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical, plumbing, heating supplies, and the like. b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District, MU -H District, and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU -L1 District, MU -L2 District, MU -L3 District,MU-4 District and MU -H District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also prohibited. 57. Pharmacy & Drug Store. a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule 11 controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). b. MU -4 and MU -H Districts. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor area; (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. Page 469 of 522 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU -4 District and MU -H District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 81. Sightseeing & Scenic Tours. a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. Page 470 of 522 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. V., Sect. 13. Wireless Communication Facilities D.6. e. Zoning Districts and Affiliated Process (Table 3-29). Zoning District Concealed Attached WCF 1 Non -concealed Attached WCF 2 Concealed Freestanding WCF 4 Non -concealed Freestanding WCF 4 Mitigation of Existing WCF 7 Antenna Element Replacement Co -location 8 R-1 C-3 Community Commercial CC 3 R-3 Multi -Family Residential AD AD AD R-2 CBD AD CC3 IPUD Infill Planned Unit Development AD AD AD R-3 AD AD CC3 C-1 Office Professional AD AD AD PUD AD AD CC3 AD AD AD IPUD AD AD CC3 AD AD AD MHPD CC 3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU -L-1 AD AD CC AD AD AD MU -L-2 AD AD CC AD AD AD MU -L-3 AD AD CC AD AD AD MU -4 AD AD CC AD AD AD MU -H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD - Administrative (Stag) Approval CC - City Commission (Public Hearing) Approval Blank - Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofiine. 2 Non -concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative withjurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church). 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Requires conditional use approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city -owned site and the lease requires each tenant to have a separate lease with city (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). Zoning Districts: R-1 Single -Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU -L-1 Mixed Use Low Intensity 1 R-3 Multi -Family Residential C-4 General Commercial MU -L-2 Mixed Use Low Intensity 2 PUD Planned Unit Development CBD Central Business District MU -L-3 Mixed Use Low Intensity 3 IPUD Infill Planned Unit Development PCD Planned Commercial Development MU -4 Mixed Use 4 MHPD Mobile Home Planned Development REC Recreation MU -H Mixed Use High C-1 Office Professional PU Public Usage PID Planned Industrial Development M-1 Light Industrial Page 471 of 522 f. Maximum Heights of WCF (Table 3-30). Zoning District Concealed Attached WCF Non- concealed Attached WCF Concealed Freestanding WCF Non- concealed Freestanding WCF Mitigation of Existing WCF Antenna Element Replacement Co -location R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L-1 1 2 3,4 6 7 MU -L-2 1 2 3,4 6 7 MU -L-3 1 2 3,4 6 7 MU -4 1 2 3_4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roolline. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property fine of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 472 of 522 g. Setbacks and Separation Between WCF (Table 3-31). Zoning District Concealed Attached WCF Non- concealed Attached WCF Concealed Freestanding WCF Non- concealed Freestanding WCF Mitigation of Existing WCF Antenna Element Replacement Co -location R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L-1 1 2 3,4 6 7 MU -L-2 1 2 3,4 6 7 MU -L-3 1 2 3,4 6 7 MU -4 1 2 3_4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 j 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the rooflme. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more titan forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 473 of 522 13. B. LEGAL 1/3/2017 REQUESTED ACTION BY COMMISSION: Infill Planned Unit Development (IPUD) (CDRV 16-006) - PROPOSED ORDINANCE 16-024 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. EXPLANATION OF REQUEST: The IPUD (Infill Planned Unit Development) Zoning District was established in 2002 for the purpose of allowing design flexibility at higher densities to accommodate infill and redevelopment on parcels less than five (5) acres in size. Consistent with tradition, flexible development standards were incorporated into the ordinance, along with general design objectives, and minimum and maximum lot size standards. The minimum size standard for the IPUD Zoning District was originally set at one (1) acre, as it was felt that at least one acre would be necessary to accommodate extensive landscaping, residential compatibility standards, setbacks and optimal layout and design, to achieve a development standard similar to the quality intended for the Planned Unit Development Zoning District. Staff acknowledges that the urban setting does not call for extensive setbacks and greater buffering that is characteristic of the PUD Zoning District and the suburban environment, and that the intended design character of small residential infill projects can be achieved with the overlay standards and the existing compatibility requirements within the IPUD regulations (the Urban Commercial District Overlay Standard Zone regulations establish a common front setback for a given roadway corridor regardless of zoning district). Please see the accompanying staff report and exhibit for further information. Note that the subject staff report is a combined report for both this item and the item establishing the Mixed Use - 4 Zoning District. The Planning & Development Board reviewed this request at its November 22nd meeting and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 474 of 522 Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Amendment REVIEWERS: Department Reviewer Development Mack, Andrew Assistant City Manager Groff, Colin Legal Swanson, Lynn Finance Howard, Tim City Manager LaVerriere, Lori Description Ordinance amending LDR for IPUD mini maximum standards Staff Report I PUD Amendments ® Excerpt from LDR Action Date Approved 12/9/2016 ® 9:40 AM Approved 12/9/2016 ® 10:12 AM Approved 12/12/2016 ® 4:15 PM Approved 12/13/2016 ® 8:08 AM Approved 12/14/2016 ® 8:58 AM Page 475 of 522 I ORDINANCE NO. 16- 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY 5 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND 6 DEVELOPMENT REGULATIONS AMENDING CHAPTER 3, 7 ARTICLE III, SECTION 2G TO ELIMINATE THE MINIMUM 8 AND MAXIMUM LOT AREA STANDARDS FOR THE INFILL 9 PLANNED UNIT DEVELOPMENT ZONING DISTRICT; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 15 WHEREAS, the IPUD (Infill Planned Unit Development Zoning District) was 16 established in 2002 for the purpose of allowing design flexibility at higher densities to 17 accommodate infill and redevelopment on parcels less than five (5) acres in size; and 18 WHEREAS, flexible development standards were incorporated into the 19 ordinance, along with general design objectives and minimum and maximum lot size 20 standards; and 21 WHEREAS, after recent review and consideration against the new vision for the 22 CRA, and need for development incentives and zoning for small parcels that cannot be 23 assembled and developed under a mixed-use zoning district, and/or where the Plan 24 recommends the Special High Density Residential Land Use Classification rather than 25 one of the mixed-use zoning districts, staff recommends the removal of the minimum size 26 threshold; and 27 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 28 the best interest of the citizens and residents of the City to amend the Land Development 29 Regulations to eliminate the minimum and maximum lot area standards for the Infill 30 Planned Unit Development Zoning District (IPUD). C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - I - Page 476 of 522 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing whereas clauses are true and correct and are now 4 ratified and confirmed by the City Commission. 5 Section 2. Chapter 3, Article III, Section 2G, of the Land Development 6 Regulations, is hereby amended by adding the words and figures in underlined type, as 7 follows: 8 Chapter 3, Article IH, Section 2 9 to G. IPUD Infill Planned Unit Development District. 11 1. General. 12 a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the 13 special high density residential (SHDR) future land use map (FLUM) classification of the 14 Comprehensive Plan. This district is intended for infill purposes, promoting new 15 development and redevelopment within the Federal Highway Geffider- Gemm 16 17 Community Redevelopment Agency (CRA) 18 area consistent with land use recommendations from the Community 19 (Redevelopment pPlan at densities no greater than twenty (20) dwelling units per acre. 20 This district is also intended to promote water access and recreational opportunities with 21 accommodations of uses, including marine -oriented and water dependent uses in both 22 mixed use developments and limited single -use projects. The IPUD district will include 23 design standards that exceed the standards of the basic development standards in terms of 24 site design, building architecture and construction materials, amenities and landscape 25 design. The extent of variance or exception to basic design standards, including but not 26 limited to requirements for parking spaces, parking lot and circulation design, and 27 setbacks, will be dependent on how well the proposed project otherwise exceeds the 28 other applicable standards. 29 The IPUD shall minimize adverse impacts on surrounding property. The city is not 30 obligated to automatically approve the level of development intensity requested for the 31 IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for 32 a particular location in terms of land use compatibilities. The city may require, as a 33 condition of approval any limitation, condition, or design factor that will provide a 34 reasonable transition to adjacent development. 35 In order to be approved, an IPUD project must be compatible with and preserve the 36 character of adjacent residential neighborhoods. Factors to consider in determining 37 compatibility may include, but not necessarily be limited to proposed use, massing, and C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 2 - Page 477 of 522 I layout. Further, it must be an enhancement to the local area and the city in general. 2 Projects that fail to do so will be denied. 3 Each IPUD project is independent and will be evaluated solely on its own merits. The 4 inclusion of certain features in a previously approved IPUD project will not automatically 5 be entertained as a valid argument for the inclusion of that same feature in any other 6 IPUD project if the city determines to reject those features. 7 b. Prerequisite Location Standards. The IPUD district is optimum when there is an 8 opportunity to promote sustainability with respect to land use, energy conservation, 9 resource management, and social equity. Rezoning to the IPUD district is encouraged for 10 proposed development or redevelopment on lands that are in close proximity to existing 11 infrastructure, public and alternative transportation routes and modes, employment 12 centers, community areas, or have sustained or are complicated by environmental 13 contamination. In reaching recommendations and decision as to zoning land to IPUD, the 14 Advisory Board and City Commission shall apply the following location standards, in 15 addition to the standards applicable to the rezoning of land generally: 16 (1) Any IPUD district that contains non-residential uses must principally front on 17 streets classified as "Arterial" on the "Functional Classification of Roadways" map in the 18 city Comprehensive Plan; 19 (2) Any non-residential component must front on the arterial roadway or on an 20 access road wholly contained within the project with neither entrances nor exit on or 21 visible from or disruptive to adjacent properties, local streets, and rights-of-way. 22 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations 23 pertaining to the IPUD district and Chapter 3, Article IV, Section 3.13. ("Use Matrix Table 24 3-28") for a list of allowable uses. 25 3. Building and Site Regulations (Table 3-11). The following building/site 26 regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: I acre N/A Maximum project area: Flexible Minimum lot frontage: Flexible' Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space (per dwelling unit): 200 feet Maximum Floor Area Ratio (FAR) 0.203 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 3 - Page 478 of 522 Maximum structure height: 45 feet4 1 2 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot 3 frontage and lot area for each unit. Lot frontage shall be determined on a case by case basis, depending on 4 the overall project design. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a 5 minimum lot frontage of one hundred fifty (150) feet and a minimum average width of two hundred (200) 6 feet. 7 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to 8 single-family residential zoning. Where adjacent to single-family residential zoning, the required perimeter 9 building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the 10 orientation of structures with said development. Also, perimeter buildings shall have an increased setback 11 of one (1) additional foot for every foot of building height in excess of thirty (30) feet. If vegetation, 12 screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with 13 adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be 14 considered to be on the perimeter if there is no intervening building between it and the property line. 15 Project design along abutting roadway(s), including setbacks, shall be based on existing development 16 patterns or applicable recommendation from the respective development plan. 17 s A maximum floor area ratio (FAR) of 0.20 maybe allowed for non-residential uses within the IPUD 18 district (see "Use Matrix" — Chapter 3, Article IV, Section 3.C.), pursuant to the special high density 19 residential land use category of the Comprehensive Plan. 20 4 A lesser building height maybe required for compatibility with adjacent development. See Note #2 21 above for additional setback requirements relative to building height. 22 4. Review and Approval Process. 23 a. All development and redevelopment within the IPUD district shall be governed 24 by a master plan with approval granted by the City Commission in accordance with 25 Chapter 2, Article II, Section 2.13.6. 26 b. Site plan approval shall be required in accordance with Chapter 2, Article II, 27 Section 2.F. prior to application for building permit. 28 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, 29 Article V, Minimum Off -Street Parking Requirements. 30 6. Modifications. Any modification proposed within the IPUD shall be in 31 conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 32 2.D.6. 33 7. Miscellaneous. 34 a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the 35 required landscaping along rights-of-way. 36 b. See Chapter 4, Article III, Section 4. for community design standards regarding 37 required site design in instances where the subject IPUD project is adjacent to single - 38 family residential zoning districts. 39 c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards 40 pertaining to the minimum width of rights-of-way and vehicular circulation. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 4 - Page 479 of 522 I d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of 2 approval shall include a deed restriction requiring that any marina or dockage build will 3 not exceed in width the boundaries of the project's actual frontage on the water, regardless 4 of what any other governing or permitting entity may allow or permit. 5 e. Exterior lighting of the exterior, parking areas and watercraft docking facilities 6 of the planned development shall be of the lowest height, intensity, and energy use 7 adequate for its purpose, and shall not create conditions of glare that extend onto abutting 8 properties. 9 f The physical attributes of the site shall be respected with particular concern for 10 preservation of natural features, tree growth, and open space. 11 g. Special emphasis shall be placed on trash collection points. 12 h. Trash containers or dumpsters must be screened and designed such that they are 13 not visible from or disruptive to adjacent properties, streets, and rights-of-way while still 14 being conveniently accessible to their users and collectors. 15 16 17 Section 3. Should any section or provision of this Ordinance or any portion 18 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 19 not affect the remainder of this Ordinance. 20 Section 4. Authority is hereby given to codify this Ordinance. 21 Section 5. This Ordinance shall become effective immediately. 22 {REMAINDER OF PAGE INTNETIONALLY LEFT BLANK} 23 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 5 - Page 480 of 522 I 2 FIRST READING this day of , 2016. 3 SECOND, FINAL READING AND PASSAGE this day of 4 2017. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor — Steven B. Grant 10 11 Vice Mayor — Mack McCray 12 13 Commissioner — Justin Katz 14 15 Commissioner — Christina L. Romelus 16 17 Commissioner — Joe Casello 18 19 20 VOTE 21 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 6 - Page 481 of 522 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-047 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: November 16, 2016 RE: Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning district including amendments or additions to definitions, site development standards, zoning uses, and urban design standards; and Amendments to the LAND DEVELOPMENT REGULATIONS Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further business and economic development opportunities, make adjustments to standards based on new findings, and more importantly, begin the implementation of the newly adopted Community Redevelopment Plan. -1- Page 482 of 522 EXPLANATION Proposed MU — 4 Zoning District Although the CRA Plan will undergo comprehensive implementation in 2017, requiring an "audit" of existing zoning and other land development regulations for consistency with the many recommendations of the Redevelopment Plan, some Plan recommendations have immediate application to current or pending development applications and are therefore being implemented incrementally. The CRA Plan (fka "the Consolidated Plan") was adopted on October 4th which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road. The Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with .a new district. Specifically, from the Land Use & Zoning Section, a recommendation reads: "Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoninq district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap." The various chapters and sections of the LDR to be amended to establish the MU -4 District, and proposed changes, are summarized below and shown in underlined/crossed-out format in the attachments. • Terms and Definitions (LDR Chapter 1, Art. II) — Existing definitions for affected zoning districts would be amended to incorporate the new MU -4 District. -2- Page 483 of 522 • Zoning Districts and Future Land Use Classifications (LDR Ch. 1, Art. III, Sect. 3.13. Table 1.1) — Table 1.1 would be amended to establish the new District and its relationship to the corresponding Future Land Use Classification, Mixed Use Core. • Official list of zoning districts and short titles (LDR Ch. 3, Art. I, Sect. 4) — This list corresponds with the City's Official Zoning Map and is the official list of zoning districts and represents the opening section of the Zoning Regulations for the LDR. • Building and Site Regulations (LDR Ch. 3, Art. III, Section 1) — Table 3-4, and identical Table 3-21, contain the building and site regulations for each of the mixed-use zoning districts for the urban (i.e. CRA) area. These tables and the other sections of this chapter will receive a more thorough evaluation (i.e. "audit") as part of the comprehensive implementation of the new CRA Plan; however, in the interim the standards for this new district are a factor of the MU -L3 and MU -H Districts. Except where the MU -4 is intended to bridge t the gap between the MU -L3 and MU -H Zoning Districts (see maximum height and maximum density), the standards for the MU -H Districts are being used given the similarity in design and role in the redevelopment of downtown. Staff is also using this opportunity to amend these tables for consistency with the CRA Plan direction relative to the intended locations for the mixed use districts. As indicated in the current version of the tables (see attachments), standards varied depending on the type or class of roadway on which the project fronts. Instead the locations intended for each district is clearly specified in the Plan within the respective planning "Districts". Due to the significant reformatting of the table, and for readying the tables for ultimate ordinance format, the entire table will be shown underlined even though the only changes regard the MU -4 District, the new Pedestrian Zone Requirement, and the corresponding footnotes. It is staffs intention to minimize the amendments to this table, leaving the updates as part of the more thorough examination during the implementation audit. • Mixed Use District Descriptions (LDR Ch. 3, Art. III, Section 5) — This section would be amended to include the basic definition/description of the zoning district, including purpose and intent, some repeated development standards, and reference to the newly adopted Redevelopment Plan. • Zoning Use Matrix (LDR, Ch. 3, Art. IV, Sect. 3.13) — This table is the heart of the zoning regulations as it contains the list of all permitted, conditional and accessory uses for each of the zoning districts. If the subject request is approved, the Use Matrix would be populated to include the new district and the corresponding permitted, conditional, and accessory uses (any use not specifically listed would be prohibited unless the use matrix is interpreted to allow a given use as being comparable or similar to a listed use). The thought process used in selecting the uses for the new district was based on the general vision represented by the Redevelopment Plan for each of the planning districts. Although staff was tempted to propose similar amendments to the other mixed use districts for consistency, staff determined that such amendments should result from the comprehensive amendment process, including, if identified at that time, revisions to the MU -4 District. -3- Page 484 of 522 • Zoning Use Matrix Notes (LDR, Ch. 3, Art. IV, Sect. 3.13) — Special restrictions or provisions that correspond with a given use and zoning district are listed in the Use Matrix Notes and immediately follow the Use Matrix in Section 3.D. The few amendments needed to add the MU -4 District are indicated in the attached exhibit, and are self-explanatory. • Wireless Communications Facility standards (LDR, Ch. 3, Art. 5, Sect. 13) — Table 3-29 is proposed to be amended to for consistent regulating of proposed towers or antennae within this new district.. Table 3-29 indicates the review process for the type of tower/antennae improvement and zoning district. • Exterior Building and Site Design Standards (LDR, Ch. 4, Art. 3, Sect. 5) — Minimal amendments are planned for this initial and incremental stage. Proposed elimination of minimum & maximum sizes for IPUD Zoning The IPUD (Infill Planned Unit Development) Zoning District was established in 2002 for the purpose of allowing design flexibility at higher densities to accommodate infill and redevelopment on parcels less than five (5) acres in size, which is the minimum size standard for the PUD (Planned Unit Development) Zoning District. Whereas the PUD Zoning District was written to accommodate and guide the development of large planned residential developments within the suburban areas of the City, the IPUD Zoning District was originally intended for new development or redevelopment proposed within the northern or southern segments of the Federal Highway corridor, along the eastern fringes of the CRA. Consistent with tradition, flexible development standards were incorporated into the ordinance, along with general design objectives, and minimum and maximum lot size standards. The minimum size standard for the IPUD Zoning District was originally set at one (1) acre, as it was felt that at least one acre would be necessary to accommodate adequate space for substantial landscaping, residential compatibility standards, setbacks and optimal layout and design, to achieve a development standard similar to the quality intended for the Planned Unit Development Zoning District. After recent review and consideration against the new vision for the CRA, and need for development incentives and zoning for small parcels that cannot be assembled and developed under a mixed-use zoning district, and/or where the Plan recommends the Special High Density Residential Land Use Classification rather than one of the mixed-use zoning districts, staff recommends the removal of the minimum size threshold. Staff acknowledges that the urban setting does not call for extensive setbacks and greater buffering that is characteristic of the PUD Zoning District and the suburban environment, and that the intended design character of small residential infill projects can be achieved with the overlay standards and the existing compatibility requirements within the IPUD regulations (the Urban Commercial District Overlay Standard Zone regulations establish a common front setback for a given roadway corridor regardless of zoning district). -4- Page 485 of 522 Staff also recommends that the maximum standard of 5 acres be removed to allow for flexibility and development of slightly larger residential projects that may exceed the 5 acre threshold within the urban area, where application of the suburban -based PUD development standards is unintended. For example, this amendment would support the Community Redevelopment Plan recommendation for a cottage district development within the Heart of Boynton, which would exceed 5 acres if all land with the given study area is assembled. Lastly, the proposed amendments to the purpose and intent section of the zoning regulations is to achieve conformity with the updated Community Redevelopment Plan and consolidation of the individual plans. The proposed amendments are indicated in the attached excerpt from the Land Development Regulations, LDR Chapter 3, Article III, Section 2.G. IPUD Infill Planned Unit Development District. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to commence the implementation of the City's new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 16-006 MU -4 zoning district\Staff Report - MU4, IPUD area, medical accessory.doc -5- Page 486 of 522 ATTACHMENTS Proposed MU — 4 Zoning District Page 487 of 522 ATTACHMENTS Proposed Elimination of IPUD Size Standards Page 488 of 522 Proposed amendments to size standards for IPUD Zoning District. LDR Chapter 3, Art. III, Sec. 2 G. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the special high density residential (SHDR) future land use map (FLUM) classification of the Comprehensive Plan. This district is intended for infill purposes, promoting new development and redevelopment within the Feder' Highway r,,..Fidar Community Redevelopment Dl.,,, (Study Areas 1 and N' only), Heai4 of Boynton Community Redevelopment Plan, or- pat4i ns aCommunity Redevelopment Agency (CRA) area consistent with land use recommendations from the respeetive Community rRedevelopment -pPlan at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine -oriented and water dependent uses in both mixed use developments and limited single -use projects. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not necessarily be limited to proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management, and social equity. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: Page 489 of 522 (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.13. ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-11). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: 1 acre N/A Maximum project area: 5 asrPs Flexible Minimum lot frontage: Flexible' Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space (per dwelling unit): 200 feet Maximum Floor Area Ratio (FAR) 0.203 Maximum structure height: 45 feet4 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Lot frontage shall be determined on a case by case basis, depending on the overall project design. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one hundred fifty (150) feet and a minimum average width of two hundred (200) feet. The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single- family residential zoning. Where adjacent to single-family residential zoning, the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. If vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A maximum floor area ratio (FAR) of 0.20 may be allowed for non-residential uses within the IPUD district (see "Use Matrix" — Chapter 3, Article IV, Section 3.C.), pursuant to the special high density residential land use category of the Comprehensive Plan. 4 A lesser building height maybe required for compatibility with adjacent development. See Note #2 above for additional setback requirements relative to building height. Page 490 of 522 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.13.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off -Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.13.6. 7. Miscellaneous. a. See Chapter 4, Article II, Section 4.13.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage build will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. h. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. Page 491 of 522 13.C. LEGAL 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-025 - SECOND READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. EXPLANATION OF REQUEST. On December 6, 2016 the City Commission initiated Zoning In Progress to prohibit the processing of applications for group homes and issuance of any licenses, business tax receipts, development orders or permits related to same. The proposed moratorium provides an alternate and more formal means of prohibiting group homes during the study period. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The review of applications for group homes during the study period will be abated. FISCAL IMPACT. Potential lost revenue, collection of fees for licenses, permitting and business tax receipts during moratorium period. ALTERNATIVES: Not adopt moratorium or modify the scope and study period of moratorium. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Page 492 of 522 REVIEWERS: Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date [WIMAITMWOKIMM Page 493 of 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A MORATORIUM ON THE PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS, CERTIFICATES OF USE OR PERMITS FOR GROUP HOMES IN THE JURISDICTIONAL BOUNDARIES OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 10, 2016 the United States Departments of Justice and Housing and Urban Development Released Updated Fair Housing Act Guidance on State and Local Land Use Laws related to group housing; and WHEREAS, on December 6, 2016 the City Commission adopted Resolution R16-164 which incorporated City Notice of Intent 2016-02 declaring the commencement of a study period related to City zoning and use regulations concerning group homes; and WHEREAS, the City Commission conducted a Public Hearing on December 19, 2016 regarding the purpose and scope of Notice of Intent 2016-02; and WHEREAS, the City Commission found it in the public interest to clarify the scope and effect of Notice of Intent 2016-02 and the Zoning In Progress that corresponds to the study period, and adopted Resolution R16-165 reelecting those points of clarification; and WHEREAS, based upon the facts and opinions expressed during the public hearing referenced above and recommendations from City Administration and City Attorney, the City Commission deems it necessary and to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to establish a moratorium on the processing and issuance of any licenses, business tax receipt, development orders, certificates of use or permits for a group home within the City of Boynton Beach, Florida until June 4, 2017; t00163192.1 306-9001821} Page 1 of 5 Page 494 of 522 30 and, 31 WHEREAS, the Commission deems it in the best interest of the City and its residents to 32 undertake during the moratorium the review and revision of the zoning and use regulations as 33 they relate to group housing within the City of Boynton Beach to find the proper means of 34 protecting the legal rights of group home occupants while preserving the integrity of the City's 35 zoning plan; and, 36 WHEREAS, the Commission has legal authority to initiate the review process by 37 declaration of a moratorium; and, 38 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 39 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the 40 public health, safety and welfare of its citizens and has the power and authority to enact 41 regulations for valid governmental purposes that are not inconsistent with general or special law; 42 and, 43 WHEREAS, the public health, safety and welfare is a legitimate public purpose 44 recognized by the courts of the State of Florida. 45 WHEREAS, based upon the above facts, the City Commission deems it necessary and 46 to be in the best interests of the health, safety, and welfare of the citizens and residents of the 47 City, to impose a moratorium on the processing and approval of any new applications for a group 48 home or the issuance of any new licenses, business tax receipts, development orders, certificates 49 of use or permits for uses that involve the group homes until June 4, 2017. 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CON NHSSION OF 51 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 52 53 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 54 being true and correct and are hereby made a specific part of this Ordinance. These clauses {00163192.1 306-9001821} Page 2 of 5 Page 495 of 522 55 represent the legislative findings of the City Commission. It is the purpose and intent of this 56 Ordinance to promote the health, safety and welfare of the residents and citizens of the City of 57 Boynton Beach. 58 Section 2. The City Commission hereby declares a moratorium which shall run from 59 the commencement of the City's declaration of Zoning In Progress (December 6, 2016) to June 60 4, 2017 during such time the City will suspend the processing or approval of any applications or 61 the issuance of any new licenses, business tax receipts, development orders, certificates of use or 62 permits for group homes. The moratorium may be extended by the City Commission by 63 subsequent ordinance should additional time be needed by the City for the adoption of 64 appropriate land development regulations. Nothing herein shall be interpreted or applied to 65 prohibit the submission of or review of an application for reasonable accommodation during the 66 moratorium period. 67 GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT 68 REGULATIONS (LDR) 69 70 A. Revisions to land use, zoning and life -safety requirements applicable to group homes 71 that do not constitute intentional or de facto discrimination against prospective 72 occupants of group homes. 73 B. Modification of the City's reasonable accommodation procedures. 74 C. Clarification of per occupant caps related to residential occupancy regulations. 75 D. Inclusion of spacing or dispersal regulations related to group homes. 76 E. Modification of proposed chronic nuisance regulations to group homes. 77 78 During the Moratorium, the City will evaluate revisions to: 79 Land Development Regulation Chapter 3, Articles II, III, IV, V 80 Land Development Regulation Chapter 3, Section 3, Use Regulations, 81 Land Development Regulation Chapter 3, Section 3-D, Use Matrix 82 83 Additional Sections of the Land Development Regulations may be included as the study 84 progresses. 85 t00163192.1 306-9001821} Page 3 of 5 Page 496 of 522 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Section 3. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 4. All Ordinances or parts of Ordinances, Resolutions or part of Resolutions in conflict herewith are to the extent of such conflicts hereby repealed. Section 5. This Ordinance shall take effect immediately upon its passage. FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk t00163192.1 306-9001821} Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello Page 4 of 5 VOTE YES NO Page 497 of 522 124 125 (Corporate Seal) 126 127 t00163192.1 306-9001821} Page 5 of 5 Page 498 of 522 13.D. LEGAL 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-003 - FIRST READING - Approve Ordinance prohibiting "Conversion Therapy". EXPLANATION OF REQUEST: At the request of the City Commission an Ordinance which mirrors the Ordinance adopted by the City of West Palm Beach. The purpose of the ordinance is to protect vulnerable youth from a discredited practice known as conversion therapy which is premised on the erroneous assumption that gay, lesbian, bisexual and transgender identities are mental disorders that can be cured through aversion treatment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. None ALTERNATIVES: Not adopt the ordinance or revise the ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Proposed Ordinance prohibiting Conversion Therapy on minors Page 499 of 522 REVIEWERS: Department Legal Finance City Manager Ism, Reviewer Action Swanson, Lynn Approved Howard, Tim Approved Howard, Tim Approved Date 12/21/2016 ® 2:17 PM 12/22/2016 ® 11:06 AM 12/22/2016 ® 11:06 AM Page 500 of 522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, "OFFENSES - MISCELLANEOUS" OF THE CODE OF ORDINANCES, BY CREATING A NEW ARTICLE XIII, TO PROHIBIT THE PRACTICE OF CONVERSION THERAPY ON MINORS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, as recognized by major professional associations of mental health practitioners and researchers in the United States and elsewhere for nearly 40 years, being lesbian, gay, bisexual, transgender or gender nonconforming, or questioning (LGBT or LGBTQ) is not a mental disease, disorder or illness, deficiency or shortcoming; and WHEREAS, the American Academy of Pediatrics in 1993 published an article in its Journal, stating: "Therapy directed at specifically changing sexual orientation is contraindicated, since it can provoke guilt and anxiety while having little or no potential for achieving changes in orientation;" I and WHEREAS, the American Psychiatric Association in December 1998 published its opposition to any psychiatric treatment, including reparative or conversion therapy, which therapy regime is based upon the assumption that homosexuality is a mental disorder per se or that a patient should change his or her homosexual orientation;2 and WHEREAS, the American Psychological Association's Task Force on Appropriate Therapeutic Responses to Sexual Orientation ("APA Task Force") conducted a systematic review of peer-reviewed journal literature on sexual orientation change efforts ("SOCE"), and issued its report in 2009, citing research that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, including confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self -blame, decreased self-esteem and authenticity to others, increased self - hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, and a sense of having wasted time and resources;3 and WHEREAS, following the report issued by the APA Task Force, the American Psychological Association in 2009 issued a resolution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts, advising parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a ' hqp://pediatrics.aappublications.org/content/pediatrics/92/4/631.full.pdf 2 hgps://www.camft.org/ias/images/PDFs/SOCE/APA Position_Statement.pdf s hgps://www.apa.org/pi/Igbt/resources/therapeutic-response.pdf 1 Page 501 of 522 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 mental illness or developmental disorder and to seek psychotherapy, social support, and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth;4 and WHEREAS, the American Psychoanalytic Association in June 2012 issued a position statement on conversion therapy efforts, articulating that "As with any societal prejudice, bias against individuals based on actual or perceived sexual orientation, gender identity or gender expression negatively affects mental health, contributing to an enduring sense of stigma and pervasive self-criticism through the internalization of such prejudice" and that psychoanalytic technique "does not encompass purposeful attempts to `convert,' `repair,' change or shift an individual's sexual orientation, gender identity or gender expression," such efforts being inapposite to "fundamental principles of psychoanalytic treatment and often result in substantial psychological pain by reinforcing damaging internalized attitudes;i5 and WHEREAS, the American Academy of Child & Adolescent Psychiatry in 2012 published an article in its Journal stating that clinicians should be aware that there is "no evidence that sexual orientation can be altered through therapy and that attempts to do so may be harmful;" that there is "no medically valid basis for attempting to prevent homosexuality, which is not an illness;" and that such efforts may encourage family rejection and undermine self-esteem, connectedness and caring, important protective factors against suicidal ideation and attempts; and that, for similar reasons cumulatively stated above, carrying the risk of significant harm, SOCE is contraindicated 6 ; and WHEREAS, the Pan American Health Organization, a regional office of the World Health Organization, issued a statement in 2012 stating: "`These supposed conversion therapies constitute a violation of the ethical principles of health care and violate human rights that are protected by international and regional agreements."' The organization also noted that conversion therapies "lack medical justification and represent a serious threat to the health and well-being of affected people; "7 and WHEREAS, in 2014 the American School Counselor Association issued a position statement that states: "It is not the role of the professional school counselor to attempt to change a student's sexual orientation or gender identity. Professional school counselors do not support efforts by licensed mental health professionals to change a student's sexual orientation or gender as these practices have been proven ineffective and harmful;"8 and WHEREAS, a 2015 report of the Substance Abuse and Mental Health Services Administration, a division of the U.S. Department of Health and Human Services, "Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth" further reiterates based on 4hgp://www.apa.or /ag bout/policy/sexual-orientation.pdf 5htip://www.apsa.org/content/2012-position-statement-attempts-change-sexual-orientation-gender-identi. -or- eg nder 6 hqp://www.i aacap.com/article/S0890-8567(12)00500-22pdf 'htip://www.paho.org/hq/index.php?option=com_content&view=article&id=6803%3A2012-therapies-change- sexual-orientation-lack-medical-justification-threaten-health&catid=740%3Apress- releases&Itemid=1926&lang=en s https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_LGBTQ.pdf C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 2 Page 502 of 522 82 scientific literature that conversion therapy efforts to change an individual's sexual 83 orientation, gender identity, or gender expression is a practice not supported by credible 84 evidence and has been disavowed by behavioral health experts and associations, perpetuates 85 outdated views of gender roles and identities, negative stereotypes, stating, importantly, that 86 such therapy may put young people at risk of serious harm, and recognizing that, same -gender 87 sexual orientation (including identity, behavior, and attraction) is part of the normal spectrum 88 of human diversity and does not constitute a mental disorder;9 and 89 90 WHEREAS, the American College of Physicians wrote a position paper in 2015 91 opposing the use of "conversion," "reorientation," or "reparative" therapy for the treatment of 92 LGBT persons, stating that "[a]vailable research does not support the use of reparative 93 therapy as an effective method in the treatment of LGBT persons. Evidence shows that the 94 practice may actually cause emotional or physical harm to LGBT individuals, particularly 95 adolescents or young persons;" 10 and 96 97 WHEREAS, at least one federal appeals court" found that a prohibition of SOCE 98 does not violate first amendment rights and noted that the subject ordinance only required 99 mental health providers who wish to engage in practices that seek to change a minor's sexual 100 orientation either to wait until the minor turns 18 or be subject to professional discipline, 101 leaving mental health providers free to discuss or recommend treatment and to express their 102 views on any topic; and 103 104 WHEREAS, the City does not intend to prevent mental health providers from 105 speaking to the public about SOCE; expressing their views to patients; recommending SOCE 106 to patients; administering SOCE to any person who is 18 years of age or older; or referring 107 minors to unlicensed counselors, such as religious leaders. This ordinance does not prevent 108 unlicensed providers, such as religious leaders, from administering SOCE to children or 109 adults; nor does it prevent minors from seeking SOCE from mental health providers in other 110 political subdivisions or states outside of the City of Boynton Beach, Florida; and 111 112 WHEREAS, City of Boynton Beach has a compelling interest in protecting the 113 physical and psychological well-being of minors, including but not limited to lesbian, gay, 114 bisexual, transgender and questioning youth, and in protecting its minors against exposure to 115 serious harms caused by sexual orientation and gender identity change efforts; and 116 117 WHEREAS, the City Commission hereby finds the overwhelming research 118 demonstrating that sexual orientation and gender identity change efforts can pose critical 119 health risks to lesbian, gay, bisexual, transgender or questioning persons, and that being 120 lesbian, gay, bisexual, transgender or questioning is not a mental disease, mental disorder, 121 mental illness, deficiency, or shortcoming; and 122 123 WHEREAS, the City Commission finds minors receiving treatment from licensed 124 therapists in the City of Boynton Beach, FL who may be subject to conversion or reparative 9 hqp:Hstore.samhsa.gov/shin/content/SMA15-4928/SMA15-4928.pd 10 htip:Hannals.org/article.aspx?articleid=2292051 11 Pickup v. Brown, 740 Fad 1208 (9t' Cir. 2014) C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 3 Page 503 of 522 125 therapy are not effectively protected by other means, including, but not limited to, other state 126 statutes, local ordinances, or federal legislation; and 127 WHEREAS, the City Commission desires to prohibit, within the geographic 128 boundaries of the City, the practice of sexual orientation or gender identity change efforts on 129 minors by licensed therapists only, including reparative and/or conversion therapy, which 130 have been demonstrated to be harmful to the physical and psychological well-being of 131 lesbian, gay, bisexual, transgender and questioning persons. 132 133 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 134 THE CITY OF BOYNTON BEACH, THAT: 135 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 136 herein by this reference. 137 138 Section 2. That Chapter 15, is hereby amended by creating a new Article X111, 139 entitled Prohibition of Conversion Therapy on Minors, to read as follows: 140 141 142 ARTICLE XII: PROHIBITION OF CONVERSION THERAPY ON MINORS 143 144 Sec. 15-134. - Intent. 145 146 The Intent of this Ordinance is to protect the physical and psychological well-being of 147 minors, including but not limited to lesbian, gay, bisexual, transgender and/or questioning 148 youth, from exposure to the serious harms and risks caused by conversion therapy or 149 reparative therapy by licensed providers, including but not limited to licensed therapists. 150 These_ provisions are exercises of police power of the City for the public safety, health, and 151 welfare; and its provisions shall be liberally construed to accomplish that purpose. 152 153 Sec. 1-135. - Definitions. 154 (a) Conversion therapy or reparative therapy means, interchangeably, any 155 counseling, practice or treatment performed with the goal of changing an 156 individual's sexual orientation or gender identity, including, but not limited to, 157 efforts to change behaviors, gender identity, or gender expression, or to eliminate 158 or reduce sexual or romantic attractions or feelings toward individuals of the same 159 gender or sex. Conversion therapy does not include counseling that provides 160 support and assistance to a person undergoing gender transition or counseling 161 that provides acceptance, support, and understanding of a person or facilitates a 162 person's coping, social support, and development, including sexual orientation - 163 neutral interventions to prevent or address unlawful conduct or unsafe sexual 164 practices, as long as such counseling does not seek to change sexual orientation 165 or gender identity. C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 4 Page 504 of 522 166 167 (b) Minor means any person less than eighteen (18) years of age. 168 169 (c) Provider means any person who is licensed by the State of Florida to provide 170 professional counseling, or who performs counseling as part of his or her 171 professional training under Chapters 456, 458, 459, 490 or 491 of the Florida 172 Statutes, as such chapters may be amended, including but not limited to, medical 173 practitioners, osteopathic practitioners, psychologists, psychotherapists, social 174 workers, marriage and family therapists, and licensed counselors. A Provider 175 does not include members of the clergy who are acting in their roles as clergy o 176 pastoral counselors and providing religious counseling to congregants, as long as 177 they do not hold themselves out as operating pursuant to any of the 178 aforementioned Florida Statutes licenses. 179 180 Sec. 15-136. - Conversion therapy prohibited. 181 182 It shall be unlawful for any Provider to practice conversion therapy efforts on any 183 individual who is a minor regardless of whether the person receives monetary 184 compensation in exchange for such services. 185 186 Sec. 15-137. - Enforcement and civil penalties. 187 188 Violations of this article may be enforced as follows: 189 190 (a) The City Code Enforcement Special Master shall have jurisdiction to hear and 191 decide cases in which violations of this Chapter are alleged, o 192 193 (b) The City may enforce the provision of this Code by supplemental Code or 194 Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida 195 Statutes, o 196 197 (c) The City may prosecute violations by issuance of Notices to Appear for violation 198 of a City Ordinance, in which case, the penally for each violation shall be 199 $500.00,o 200 201 (d) The City Attorney, with authorization from the City Commission, may bring suit 202 on behalf of the Citv to enioin anv violation of this article. 203 204 205 206 Section 3. Each and every other provision of Chapter 15, of the Code of Ordinances 207 of the City of Boynton Beach not herein specifically amended shall remain in full force and 208 effect as previously enacted. C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.I.Conversion Tberapy - Ordinance.Doc; C--�43Fdmalwe- 5 Page 505 of 522 209 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 210 same are hereby repealed. 211 Section 5. Should any section or provision of this ordinance or portion hereof, any 212 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 213 such decision shall not affect the remainder of this ordinance. 214 Section 6. Authority is hereby granted to codify said ordinance. 215 Section 7. This ordinance shall become effective immediately upon passage. 216 FIRST READING this day of , 2017. 217 218 SECOND, FINAL READING AND PASSAGE this 219 2017. 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 ATTEST: 239 240 241 242 Judith A. Pyle, CMC 243 City Clerk 244 245 246 247 (Corporate Seal) 248 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE day of YES NO C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 6 Page 506 of 522 HUMAN RIGHTS COUNCIL Rand Hoch President & Founder WEST PALM BEACH Please respond to: PBCHRC 400 North Flagler Drive, #1402 West Palm Beach, Florida 33401 (561) 358-0105 rand-hock@usa.net Jessica Blackman Vice President MEMORANDUM (via e-mail) PALM BEACH GARDENS To: Mayor Steven B. Grant Rae Franks Vice Mayor Mack McCray Secretary WEST PALa BEACH Commissioner Justin Katz Commissioner Christina Romelus Daniel S. Hall Commissioner Joe Casello Treasurer WEST PALM BEACH From: W. Trent Steele, Board Member Carly E. Cass Judge Rand Hoch (retired), President and Founder LAKE WORTH Hutch Floyd Re: Prohibiting conversion therapy counseling, practices, and LAKE CLARKE SHORES treatments by state licensed professionals in the City of Boynton Beach Jamie T. Foreman LAKE WORTI-i Date: December 8, 2016 Chauncey Graham WEST PALM BEACH "Conversion therapy" (also known as "reparative therapy,") is counseling based on Matthew McWatters the erroneous assuiription gay, lesbian, bisexual and transgender (LGBTQ) PALM BEACH GARDENS identities are mental disorders that can be cured through aversion treatment. These Meredith L. Ockman discredited practices have long been rejected by our nation's leading medical and WEST PALM BEACH mental health organizations. J. P. Sasser In 2001, David Satcher, U.S. Surgeon General during the administration of PAHOKEE President George W. Bush, issued a report finding that "there is no valid scientific Reagan South evidence that sexual orientation can be changed." Years later, California Governor BOCA RATON Jerry Brown stated that "[t]hese practices have no basis in science or medicine and they will now be relegated to die dustbin of quackery." W. Trent Steele PALM Begat GARDENS Just last year, the federal Substance Abuse and Mental Health Services Administration concluded that "[d]irecting the child or adolescent to conform to any particular gender expression or identity, or directing parents and guardians to P.O. Box 267 place pressure on the child or adolescent to conform to specific gender expressions WEST PALM BEACH and/or identities, is inappropriate and reinforces harmful gender stereotypes." Florida 33402 (The report, which called for the end of conversion therapy, can be found online at: 561.586.0203 http://store. samhsa.gov/shin/content//SMA15-4928/SMA15-4928.pd�. pbchr@aol.com www.pbchr.org The Palm Beach County Human Rights Council, Inc. is dedicated to ending discrimination based on sexual orientation, gender identity, and gender expression, The Council promotes equality through education, advocacy, direct action, impact litigation and community outreach. Page 507 of 522 Boynton Beach Mayor and City Commissioners December 8, 2016 Page two — The Palm Beach County Human Rights Council ("PBCHRC") recognizes that the practice of conversion therapy, which is most often forced upon rninors by their parents or guardians, is extremely harmful. The "treatment" frequently provokes guilt and anxiety. Moreover, it is not uncommon for the therapy to result in depression, self-destructive behavior and suicide. PBCHRC believes that licensed professionals engaged in conversion therapy are harming LGBTQ youth and therefore the City of Boynton Beach should enact an ordinance banning the practice. To date, California, Illinois, New Jersey, Oregon, Vermont, the District of Columbia, Cincinnati, Miami Beach, Seattle, Wilton Manors, Bay Harbor Islands, and, most recently, West Palm Beach, have enacted laws to prevent licensed mental health providers from offering conversion therapy to minors. In each of these jurisdictions, the ban applies only to state -licensed therapists. Unlicensed ones, such as those associated with faith -based groups, retain their religious freedom to engage in such work. Additionally, adults remain free to seek out such therapy. Over the years, there have been several legal challenges to the constitutionality of these laws. However, on three occasions, the U.S. Supreme Court has declined to hear challenges to the constitutionality laws banning conversion therapy for minors. As noted above, nearly every major medical and psychological association in the country has come out in opposition to conversion therapy. These include, but are not limited to, . American Academy of Child Adolescent Psychiatry American Academy of Pediatrics American Association of School Administrators American Association for Marriage and Family Therapy American College of Physicians American Counseling Association American Federation of Teachers American Medical Association American Psychiatric Association American Psychoanalytic Association American Psychoanalytic Association American School Counselor Association American School Health Association National Association of Social Workers National Association of School Psychologists National Association of Secondary School Principals National Education Association Pan American Health Organization: Regional Office of the World Health Organization School Social Work Association of America World Psychiatric Association Page 508 of 522 Boynton Beach Mayor and City Commissioners December 8, 2016 Page three — On November 7, 2016, the City of West Palm Beach became the first municipality in Palm Beach County to enact an ordinance banning conversion therapy for minors. I have attached a copy of the ordinance, along with the agenda introduction. The Patin Beach County Human Rights Council hopes that you will promptly take steps to ensure that the quackery known as conversion therapy is prohibited in the City of Boynton Beach. If you have any questions, please do not hesitate to contact me directly. attachments copies (w/attachments) via e-mail to: PBCHRC Board of Directors City Manager Lori LaVerriere City Attorney James A. Cherof Page 509 of 522 14.A. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/15/2016 - 6:00 PM Howard, Tim Approved 11/15/2016 - 6:00 PM LaVerriere, Lori Approved 11/21/2016 - 9:02 AM Page 510 of 522 14. B. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3. D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. EXPLANATION OF REQUEST: It is staff's understanding that the intent of the request is to allow a medical clinic as an accessory use to a residential development, and that the services of said clinic would not be open to the general public but would be limited to the residents of a given private neighborhood or development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/16/2016 - 3:35 AM Howard, Tim Approved 11/16/2016 - 3:35 AM LaVerriere, Lori Approved 11/21/2016 - 9:03 AM Page 511 of 522 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Library - January 2017 Communications/Marketing - February 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager 14.C. FUTURE AGENDA ITEMS 1/3/2017 Reviewer Action Date Howard, Tim Approved 11/15/2016 - 6:00 PM Howard, Tim Approved 11/15/2016 - 6:00 PM LaVerriere, Lori Approved 11/21/2016 - 9:02 AM Page 512 of 522 14.D. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 11/16/2016 ® 8:40 AM Finance Howard, Tim Approved 11/16/2016 ® 8:40 AM City Manager LaVerriere, Lori Approved 11/21/2016 ® 9:02 AM Page 513 of 522 14. E. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/29/2016 - 4:11 PM Howard, Tim Approved 11/29/2016 - 4:11 PM LaVerriere, Lori Approved 11/30/2016 - 10:48 AM Page 514 of 522 14. F. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement- January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/29/2016 - 4:34 PM Howard, Tim Approved 11/29/2016 - 4:34 PM LaVerriere, Lori Approved 11/30/2016 - 10:29 AM Page 515 of 522 14.G. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/30/2016 - 8:45 AM Howard, Tim Approved 11/30/2016 - 8:45 AM LaVerriere, Lori Approved 11/30/2016 - 10:28 AM Page 516 of 522 14. H. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Review and consider entering into a Solar Lease and Easement Agreement with FP&L to provide a Solar Tree at Oceanfront Park - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 12/8/2016 - 11:59 AM Howard, Tim Approved 12/8/2016 - 11:59 AM LaVerriere, Lori Approved 12/12/2016 - 8:16 AM Page 517 of 522 14.1. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Consider adopting a Chronic Nuisance Ordinance - February 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/14/2016 - 8:37 AM Finance Howard, Tim Approved 12/14/2016 - 8:38 AM City Manager LaVerriere, Lori Approved 12/14/2016 - 8:59 AM Page 518 of 522 14.J. FUTURE AGENDA ITEMS 1/3/2017 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City has scheduled a private attorney-client session to discuss pending litigation - February 7, 2017, 6:OOpm. EXPLANATION OF REQUEST: City Attorney requested a private attorney-client session of the City Commission to discuss pending litigation in the following case: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB The City Attorney, James Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The cost of a court reporter ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 519 of 522 REVIEWERS: Department Finance Finance City Manager Reviewer Action Howard, Tim Approved Howard, Tim Approved Howard, Tim Approved 11111p, I I lig! I 111 111 111 � 11111 11 1 11 Date 12/22/2016 ® 1:47 PM 12/22/2016 ® 1:47 PM 12/22/2016 ® 1:47 PM Page 520 of 522 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: December 15, 2016 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of this private attorney-client session will be scheduled at the December 19, 2016 City Commission meeting. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\2EFE2851-E8DE-4EAB-B13E-90FD56A785B7\Boynton Beach. 4716.1. Req uest_For_Ex_Session_-_(Gold man). Doc Page 521 of 522 14.K. FUTURE AGENDA ITEMS 1/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/3/2017 REQUESTED ACTION BY COMMISSION: Possible changes to cemetery policies -January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/29/2016 - 11:20 AM Finance Howard, Tim Approved 12/29/2016 - 11:20 AM City Manager Howard, Tim Approved 12/29/2016 - 11:20 AM Page 522 of 522