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Agenda 07-05-16The City of Boynton Beach City Commission Agenda Tuesday, July 5, 2016, 5:15 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, Interim 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 441 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 441 1. OPENINGS A. Call to Order - Mayor Steven B. Grant CLOSED DOOR SESSIONS to be held on July 5, 2016 at 5:15 p.m. for private attorney-client sessions to discuss pending litigation in the cases of Fernando Bass, Plaintiff vs. Jeffrey Katz, as Chief of Police of the Boynton Beach Police Department in his official capacity, Detective Christopher Crawford and Officer Alex Moreno, Defendants, in the United States District Court for the South District of Florida, Case No. 9-15-CV-81734-Middlebrooks/Brannon; and City of Boynton Beach, Petitioner vs. Frank Janots, Theodore Ryan, Gerhard Degen, et al, Respondents, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida Case No. 50 2003 CA 010606 XX ED(AJ) Invocation by Pastor Duane Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Commissioner Casello 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. Proclaim the month of July 2016 as Park & Recreation Month. B. Budget Workshops dates/times for FY 16/17 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 18, 2016 2:00 p.m. Tuesday July 19, 2016 10:00 a.m. Wednesday July 20, 2016 2:00 p.m. (if needed) 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 Voting Delegate for the Florida League of Cities Annual Conference, August 18-20, 2016. B. Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference in Hollywood, FL, August 18-20, 2016. Page 3of441 C. 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: Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 1 Reg and 1 Stu N/V Library Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 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. R16-079 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for Odney Majeune of 1077 S.W. 28th Avenue, Boynton Beach, Florida, 33426, and authorizing the City Manager to sign the Subordination Agreement. B. PROPOSED RESOLUTION NO. R16-080 - Authorize the City Manager to sign a Termination and Mutual Release Agreement for transmission of sanitary sewer flows from Royal Manor into the City's wastewater collection and treatment system. C. PROPOSED RESOLUTION NO. R16-081 - Approve the award of a Task Order to Kimley-Horn and Associates, Inc. for final design, permitting, bidding, and construction phase services for NW 11th Avenue (Model Block) with a not -to -exceed fee of $79,368. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope D as approved by the City Commission on July 1, 2014. D. PROPOSED RESOLUTION NO. R16-082 - Authorize the Mayor to sign a Utility Easement with Florida Power & Light (FPL) to enable installation of a new power supply line for the East Water Treatment Plant. E. Approve a $500 donation from the Law Enforcement Trust Fund to the Florida Missing Children's Day Foundation. F. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $293,496.35 plus an estimated $1,000 for small balances less than $25. This amount reflects unpaid Utility and Solid Waste billings that have been in collections for 18 months or longer. The period is defined as January 2013 through June 2014. G. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ending May 31, 2016. H. Approve the minutes from the Regular City Commission meeting held on June 21, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-083 - Authorize the City Manager to enter into a time and materials construction contract with Sullivan Environmental of St. Petersburg, Florida, for the purpose of landfill cap repair and installation of landfill gas monitoring wells. The cost of the contract not to exceed the amount of $361,053.88. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve settlement of Mr. Ryan's attorney fees in the case of CITY OF BOYNTON BEACH, a Florida municipal corporation, Petitioner vs. FRANK JANOTS, THEODORE RYAN, GERHARD DEGEN, et al., Respondents — Palm Beach County Circuit Court Case No. 50 2003 CA 010606 XX ED(AJ) B. Hear Appeal by Mr. Ralph Skarecki, Property Manager, of Lien Reduction Order signed on May 5, Page 4of441 2016 by Special Magistrate Carol Ellis regarding Code Case 15-1376 involving Golfview Harbour Estates Association, Inc. 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. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Consider the recommendation from the Recreation & Parks Advisory Board to allow leashed dogs at Jaycee, Intracoastal, Dewey and Boynton Lakes Park. B. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6/21/16 for 90 days) 12. NEW BUSINESS A. Commissioner Katz requested the Commission discuss and consider a date for a workshop on the Town Square Project as mentioned in the Strategic Planning Workshop on June 24, 2016. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-010 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise (CDRV 16-001). B. PROPOSED ORDINANCE NO. 16-014 - SECOND READING - PUBLIC HEARING - Storage Tanks, Silos and Hoppers (CDRV 16-004) Approve amendments to the Land Development Regulations, Chapter 3, Article V. Supplemental Regulations, Section 3.T Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro -brewery industry. C. PROPOSED ORDINANCE NO. 16-011 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts (CDRV 16-002). D. PROPOSED ORDINANCE NO. 16-016 - FIRST READING - PUBLIC HEARING Approve amendment to Code of Ordinances, Chapter 13, Local Business Tax Receipts, Section 13-4, Classification and Fee Schedule to provide for a five percent (5%) increase in Local Business Tax Fees. E. PROPOSED RESOLUTION NO. R16-084 - Authorize and direct staff to prepare for the financing of various capital projects with Utility System Revenue Bonds not exceeding $23,000,000, and Page 5of441 express the intent to reimburse capital expenditures incurred prior to the issuance of the bonds with bond proceeds. F. PROPOSED ORDINANCE NO. 16-015 - SECOND READING - PUBLIC HEARING - Sustainable parking (heat island effect) and on -street parking (CDRV 16-003) Approve amendments to the Land Development Regulations, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. G. PROPOSED ORDINANCE NO. 16-012 - SECOND READING - PUBLIC HEARING - Approve Future Land Use Map (FLUM) amendment from Local Retail Commercial (LRC) to Mixed Use (MX); PROPOSED ORDINANCE NO. 16-013 - SECOND READING - PUBLIC HEARING - Approve rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office. Agent: Bradley Miller, Miller Land Planning, Inc. H. Approve request for a Community Design Plan Appeal (CDPA-001) of Chapter 2, Article 111, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. TABLED ON 6/21/16(This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances.) Approve request for Height Exception (HTEX 16-001) to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. TABLED ON 6/21/16 ( This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items - (LUAR 16-002) to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances) Approve request for New Site Plan (NWSP 16-002) for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. TABLED ON 6/21/16 (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances.) 15. FUTURE AGENDA ITEMS A. Discussion of Quantum Park Overlay District requested by Commissioner Katz - JULY 19, 2016 B. Interlocal Agreement between City of Boynton Beach and Town of Briny Breezes for Fire Rescue Services - TBD C. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD D. Consideration of accepting road rights of way and utility easements on CRA owned properties in association with the Model Block Project, approved at the June 14, 2016 CRA Board Meeting. - J my 19, 2016 16. ADJOURNMENT Page 6of441 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. ADD1T1ONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S 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 7 of 441 1.A. OPENING ITEMS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant CLOSED DOOR SESSIONS to be held on July 5, 2016 at 5:15 p.m. for private attorney-client sessions to discuss pending litigation in the cases of Fernando Bass, Plaintiff vs. Jeffrey Katz, as Chief of Police of the Boynton Beach Police Department in his official capacity, Detective Christopher Crawford and Officer Alex Moreno, Defendants, in the United States District Court for the South District of Florida, Case No. 9-15-CV- 81734-Middlebrooks/Brannon; and City of Boynton Beach, Petitioner vs. Frank Janots, Theodore Ryan, Gerhard Degen, et al, Respondents, it the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida Case No. 50 2003 CA 010606 XX ED(AJ) Invocation by Pastor Duane Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Commissioner Casello 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: Page 8of441 Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Approved Date 6/22/2016 - 11:43 AKA Page 9of441 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 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 7/5/2016 Reviewer Action Date Foyle, Judith Approved 6/22/2016- 11:46 AM Page 10 of 441 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Proclaim the month of July 2016 as Park & Recreation Month. EXPLANATION OF REQUEST. July is National Park & Recreation Month. It is a great time to enjoy many of the popular activities that are organized by the Recreation & Parks Department. The U.S. House of Representatives has designated July as Parks and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Proclamation will help promote Parks and Recreation in our community. FISCAL IMPACT. Budgeted None ALTERNATIVES: Do not make the proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation REVIEWERS: Department Reviewer Description Proclamation Revised Action Date Page 11 of 441 D% C»± alJudith Approved Finance Howard,Tim Approved D% Manager Howard, Tim Approved 6/28/2016 - 8:29 ANA 6/28/2016 - 9:29 ANA 6/30/2016 - 12: P9 Page 12 0 441 PROCLAMATION WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of Boynton Beach and our parks and recreation are vitally important to establishing and maintaining our quality of life, ensuring the health of all citizens, and contributing to the economic and environmental well-being of the City of Boynton Beach; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens. Parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation areas are fundamental to the environmental well-being of the City and parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors and the City of Boynton Beach recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim the month of July 2016, as Parks and Recreation Month and encourage our citizens to visit and enjoy the Parks Recreation activities in the City of Boynton Beach. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of July, in the year Two Thousand Sixteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Page 13 of 441 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Budget Workshops dates/times for FY 16/17 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 18, 2016 2:00 p.m. Tuesday July 19, 2016 10:00 a.m. Wednesday July 20, 2016 2:00 p.m. (if needed) EXPLANATION OF REQUEST: The City holds public workshops in July of each year to review the Proposed Operating and Capital Budget for the upcoming fiscal year. By the end of the workshops the City Commission will adopt a Tentative Millage Rate for the upcoming year and a Preliminary Fire Assessment Resolution. Both need to be transmitted to Palm Beach County Property Appraiser's Office. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. Budgeted Mpme ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Page 14 of 441 City Clerk Pyle, Judith Approved 6/23/2016 - 4:14 PPA Page 15 of 441 5.A. ADMINISTRATIVE 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 18-20, 2016. EXPLANATION OF REQUEST. The annual Florida League of Cities conference will be held at the Diplomat Resort in Hollywood, Florida, August 18-20, 2016. Each year the City Commission appoints a delegate to vote on behalf of the City of Boynton Beach at the annual meeting. See attached request. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted N/A ALTERNATIVES: Do not appoint a voting delegate STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Cather REVIEWERS: Department Reviewer Finance Howard, Tim Finance Howard, Tim City Manager Howard, Tim Description FLC Voting Delegate Action Approved Approved Approved Date 6/27/2016 - 10:47 AM 6/27/2016 - 10:47 AM 6/60/2016 - 12:20 FSM Page 16 of 441 Page 17 of 441 ltmm"'ammv. Scw,i Bror,,u,jg I I S"Im P Br"X L 322`_,',2 57' 085,'D' 2'2 N. le TO: Municipal Key Official !"" "iv rf FROM: Michael Siltia, Executive Director ll, DATE: Mav 17, 2016 S UBJ ECT: 90th Annual FL Conference - Florida Cities: Unitecl & Stron a VOTING DELEGATE INFORMATION AU-USt 18-20, 2016 - Diplomat Resort, Hollywood As you knoxv, the F lorida-LeagUe of Cities' AnnUal Conference will be held at the Diplomat Resort, I lollywood, Florida on Au()Ust 18-20. The theme for this year's conference is Noricia Cities: Unitecl & Sirona, ii-,hich will provide valuable educational I opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality desic-mate one official to be the votln- delegate Election of League leadership and adoption of resolutions are undertaken during the Z� business ineetino. One official from each municipality will snake decisions that determine the direction of the League. In accordancevk!1th the League's by-laws. each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of" Florida for 2015. Conference registration materials will be sent to each municipality in the rnonth of June. Materials will also be posted on-line. Call Lis if you need additional copies. 117VOU have any questions on voting delegates, please call Gall Dennard at the League (850) 701-3619 or (900) 616-1;13), extension 3619. Voting delegate fornis must be received by the League no later than August 12, 2016. Attachments: Form Designating Voting Delegate Matthew D, Surrency, Susan Haynie, C- "jj Ziffer" Di- --,.-'_',..r Michael Sittig Harry € orra son, Jr. Page 18 of 441 90th Annual Conference Florida League of Cities, Inc. Atigust 18-20, 201.6 Hollywood, Florida It is important that each member municipality sending delegates to the: Annual Conference of the Florida League of`Cities, designate one of their officials to cast their rotes at the Annual business Session_. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities coo not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Desil4nation of VotingDelet4ate Name of Voting Delegate: Title: Municipality of.- Name f: Naim Title Return this forum to: Gail Lennard Florida League of Cities, Inc. Post Office Box 1757 'Tallahassee, FL 32302-1757 Fax to Gail Kennard at (850) 222-3 $06 or email gdennar dei, cities. corer Page 19 of 441 Important Dates May 2016 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 2016 Appointment of Resolutions Conimittee Members July 12th Deadline for Submitting Resolutions to the League office August 18th Policy Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 20th Immediately Following Breakfast — Pick Up Voting Delegate Credentials Followed by Annual Business Session Page 20 of 441 ADMINISTRATIVE 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference in Hollywood, FL, August 18-20, 2016. EXPLANATION OF REQUEST: The annual Florida League of Cities conference will be held at the Diplomat Resort in Hollywood, Florida, August 18-20, 2016. (Conference Brochure attached) Registration is $525 per person. Hotel is $182 per night, will need to stay 4 nights, conference begins at 7:30am on Thursday, August 18th, hotel cost for 4 nights is $728 Estimated costs per person $1,255 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 Registration/Hotel costs estimated at $1,255 per commissioner. 1 = $1,255 2 = $2,510 3 = $3,765 4 = $5,020 5 = $6,275 Funds were included in the approved FY15/16 budget for travel to the FLC conference under account 001- 1110-511-40-12 for 2 commissioners. ALTERNATIVES: Do not authorize any Commissioners to attend conference. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 21 of 441 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment FL C Conference Announcement D Attachment Commission Travel Policy REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 6/27/2016 - 1:31 PPA Finance Howard, Tim Approved 6/27/2016 - 1:31 PPA City Manager Howard, Tim Approved 6/30/2016 - 12:29 PPA Page 22 of 441 Florida League of Cities 90th Annual Conference August 18-20, • Tiplomat Resort, Hollywood, mL&-jp LL--JL9LKv-LILVA-lLM I I I L-vJLWJAL1,!Xm • • • • ' • ' • Dear Friends: The 90th Annual Conference of the Florida League of Cities will be held August 18-20, 2016, at the Diplomat Resort in Hollywood. This year's conference will explore the many ways that cities can work together to make Florida a stronger state. Taking place during a politically charged election year, we are pleased to have two prominent political experts join us to offer their analysis of this unprecedented presidential race. As you have come to expect from a League conference, this year's schedule is packed with interactive workshops, engaging speakers and networking opportunities galore! With general sessions featuring renowned keynote speakers and workshops that will provide you with tools to help your city navigate the current economic and political landscape, you are sure to return home with new ideas that will benefit your community. In addition to sessions on the timeliest municipal issues, we will also showcase the success of the Florida Regional Compact Initiative, which has far surpassed my expectations as a presidential initiative and will continue to make our cities stronger for years to come. The schedule includes keynote presentations from National League of Cities President Melodee Colbert -Kean, councilmember for the City of Joplin, Mo.; Mark Halperin, managing editor of Bloomberg Politics and host of Bloomberg TV's With All Due Respect,- and Ana Navarro, a well-known Republican strategist who serves as a political analyst for CNN and a political contributor for ABC's The View. We are very excited about this year's conference and hope you'll plan to attend. Knowledge is power, and nothing is more powerful than the united voice of Florida's 411 municipalities working together to make our cities the best in the nation. I look forward to seeing you in Hollywood! Sincerely, Matthew Surrency, FLC President Mayor, City of Hawthorne nowdi,ra The League's 2016 annual conference will explore how cities, working together, can help to make Florida a stronger state. With this being an election year, we are also excited to hear from two prominent political experts as they share their analysis of this current unprecedented presidential race. As always, the conference schedule is full of topical workshops, engaging speakers and networking opportunities that will allow you to explore these issues. Diplomat Resort - Hollywood, Fla. Thursday, August 18 - Saturday, August 20, 2016 Thursday, August 18: 7:30 a.m. - 7:00 p.m. Friday, August 19: 7:00 a.m. - 5:00 p.m. Saturday, August 20: 7:30 a.m. - 4:00 p.m. City/County/Government ($525), Corporate ($625) and Guest ($125): These fees cover your name badge, admission to all conference sessions and the exhibit hall, refreshment breaks, Friday's membership networking event, Saturday's Past Presidents' Luncheon and the Inaugural Celebration Saturday night. NOTE: Registrants are defined as any elected government official, or any employee of governments, organizations or corporations. Guests are defined as spouses, partners or other non-professional relations of conference delegates. Guest registration may not be used for other elected government officials, staff or company representatives. Teen Guest 13-18 years ($20) and Child Guest 3-12 years ($15): These fees cover your name badge, admission to the exhibit hall, Friday's membership networking event and refreshment breaks. Teen and child guest registration does not include Saturday's Past Presidents' Lun- cheon or Inaugural Celebration. Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon, Thursday evening and Friday morning. The pass allows access to all events in the exhibit hall, as well as Friday's membership networking event. The pass is not good for any other conference events, and is not equivalent to a registration. Youth Council Program ($75): This fee covers all Youth Council Program activities on Saturday, plus lunch. See page 15 for details and registration information. Registration - Conference registration forms must be postmarked on or before Monday, August 1, 2016. If you are unable to meet this deadline please register on-site. NOTE: Registration fees will increase to $SSS for government and $6SS for corporate registrants for all registrations done on-site, so we encourage you to register in advance. Hotel Reservations - The cut-off date for reservations at the Diplomat is July 22, 2016. Reservations must be made via an FLC-provided security code only. No one will receive housing information until after their paid registration is received. Please see page 11 for more details. Conference registration cancellations must be done in writing by email, fax or mail to mhowe@ficities.com; fax (850) 222-3806; or Florida League of Cities, Inc., P.O. Box 1757, Tallahassee, FL 32302-1757. All cancellations received in the FLC office by 5:00 p.m., Monday, August 1, 2016, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. Hotel reservations must be canceled no later than 72 hours prior to the scheduled arrival date to avoid a penalty of one night's room and tax. If you are physically challenged and require special services, or if you have special dietary needs (i.e. allergies or Kosher or vegetarian meals), please attach a written description to your registration form. Contact the hotel directly if you will need any special accommodations in your room. Some of the conference's educational sessions may be eligible for continuing education credit through The Florida Bar and/or the Florida Board of Accountancy. It is the attendee's responsibility to submit these hours for approval. The FLC will provide sign -in sheets at each session and will send certificates of attendance to all delegates who complete the sign -in sheets. The League will be offering live updates via Twitter and Facebook during the conference. Follow the League at www.twittercom/f/cities or become a fan of the League on Facebook to participate. Use the hashtag #FLCities2016. We encourage all of you to show your city spirit by wearing your city shirt on Thursday, August 18. For additional information, please contact Melanie Howe at mhowe@f/cities.com; (850) 222-9684; fax: (850) 222-3806; or write to Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757 We are planning a variety of informative workshops to provide you with the tools to help your city navigate the current economic, technological and political landscape. The specific workshop schedule will be posted to our website as soon as it is available, so check for updates! Topics being considered include: ► Advocacy: How to Meet with Your Legislators ► Challenges of Addressing Mental Health Issues for Cities ► Preparing the Next Generation of Public Servants ► Rough Waters or Smooth Sailing: What's Ahead for Municipalities in Implementing 2016 Water Bill ► Florida Constitutional Revision Commission: What Cities Need to Know ► How Autonomous Vehicles Could Transform Cities ► Media Training for City Officials ► NASA Tech Transfer Program ► Public Records ► Resilient Redesign: Sustainability for Cities in Flood Areas ► The Sharing Economy ► Village Square ► Working with Your City Attorney 8:30 a.m. - 1:00 p.m. Research Symposium: Building Better Cities for the 21st Century In today's environment, municipalities are facing the ever -challenging task to create workable entrepreneurial environments that capture local talent while stimulating the economy. How do we move our communities forward by creating new opportunities with cutting-edge technology and budding start-up communities? Come hear from the experts in civic tech, university tech transfer and the exciting new entrepreneurial incubators collaborating with municipalities to learn how it can be done. This Center for Municipal Research & Innovation Research Symposium will take a deep dive into how you can transform your community and will include a special luncheon keynote address from NASA's director of tech transfer. Space technology meets municipal innovation! While there is no fee to attend the symposium, registration is required. Be sure to check the box on the enclosed registration form. Please note that anyone who signs up and does not attend the symposium will be assessed a no-show fee of $45. 2:00 p.m. - 5:00 p.m. Florida League of Mayors Roundtable Additional registration required through the Florida League of Mayors; contact Jenny Anderson at janderson@flcities.com. 7:30 a.m. - 7:00 p.m. Registration Desk Open 8:00 a.m. - 9:00 a.m. Florida League of Mayors Nominating Committee Meeting 8:00 a.m. - 12:00 p.m. Continuing Education in Ethics: Are Your Hours Done? Florida's municipal elected officers are required to take four specific hours of continuing education in ethics. If you haven't completed your hours yet, this is your opportunity! The four hours include two hours on the Florida Ethics Law (Chapter 112, F.S.), one hour of public meetings (Chapter 286, F.S.) and one hour of public records (Chapter 119, F.S.). If your hours are completed, this is a good refresher class. NOTE: You must be registered for the full confer- ence to attend this session and pre -registration is required. Registration is limited to the first 150 people. See the registration form for details. 11:30 a.m. - 12:30 p.m. Florida League of Mayors Business Meeting For more information, contact Jenny Anderson at janderson@flcities.com. 12:00 p.m. - 5:00 p.m. Connect and Recharge at the Technology Center Back again by popular demand, the Florida League of Cities Technology Center is ready to help you connect and recharge! Are you without your own mobile device? Want to view the internet on a larger screen? The Florida League of Cities Technology Center provides you the perfect place to get online access with PCs and staff to assist you. The Technology Center will also feature a charging station for your personal devices. Please note that children must be supervised while in this area. 12:30 p.m. - 1:30 p.m. Florida League of Mayors Board of Directors Meeting 12:30 p.m. - 7:30 p.m. Municipal Marketplace Open 1:00 p.m. - 3:00 p.m. "Cities 101" Workshop If you are newly elected or newly appointed, this "crash course" is designed for you. Details about Florida municipalities, services and governing challenges will be discussed. This is a prequel to the popular Institute for Elected Municipal Officials, but is not a substitute for the three-day IEMO class. 1:00 p.m. - 3:00 p.m. Legislative Policy Committee Meetings Energy, Environment and Natural Resources Finance, Taxation and Personnel Growth Management and Economic Affairs Transportation and Intergovernmental Relations Urban Administration 3:00 p.m. - 4:00 p.m. International Relations Committee Meeting 3:15 p.m. - 4:30 p.m. Workshops 4:00 p.m. - 5:00 p.m. Resolutions Committee Meeting 5:00 p.m. - 6:00 p.m. Federal Action Strike Team (FAST) Meeting 5:15 p.m. - 6:00 p.m. First -Time Attendees' Orientation If this is your first FLC Conference - Welcome! This workshop will acquaint you with the League, the conference program (with tips for the best use of your time), how to get involved in your local or regional league, FLC legislative policy committees and other municipal services. 6:00 p.m. - 7:30 p.m. President's Welcome Reception in the Municipal Marketplace 7:00 a.m. - 7:50 a.m. FREE Sunrise Yoga on the Beach See page 10 for full details. 7:00 a.m. - 8:30 a.m. Florida Black Caucus of Local Elected Officials Breakfast To be eligible to attend, a membership application and paid dues must be submitted. Membership applications can be obtained at www.fbc-leo.org. For more information regarding FBC-LEO, visit their website. 7:00 a.m. - 9:00 a.m. Continental Breakfast in the Municipal Marketplace 7:00 a.m. - 1:00 p.m. Municipal Marketplace Open 7:00 a.m. - 5:00 p.m. Registration Desk Open 8:00 a.m. - 10:00 a.m. Leadership Workshop: City and Party We like to say that "there's no Republican or Democratic way to pick up the trash." In an era of both heightened public partisanship and significant party involvement in municipal politics, this familiar adage merits some careful reflection. In this workshop, Dr. Scott Paine will lead a discussion that examines party interests in municipal politics, the critical differences between governing at the municipal, state, and national level, and ways of managing partisan sentiments (our own as well as those of others) that can preserve municipalities' reputations for meeting public expectations without partisan rancor. 8:45 a.m. - 10:00 a.m. Workshops 8:00 a.m. - 5:00 p.m. Technology Center Open See page 6 for more information. 10:15 a.m. - 11:45 a.m. OPENING GENERAL SESSION Featuring the presentation of the E. Harris Drew Award and a keynote presentation by Mark Halperin. MARK HA P RIN Mark Halperin, managing editor of Bloomberg Politics and host of Bloomberg TV's With All Due Respect, has covered every American election since 1988. He is also a regular contributor to MSNBC's Morning Joe and the most frequent guest in the history of Charlie Rose. Prior to joining Bloomberg in 2014, Halperin served as editor -at -large and senior political analyst for TIME, covering politics, elections and government for the magazine and T/MEcom. He was also the creator and author of TIME.com's "The Page;' He is the co-author of New York Times best sellers Double Down: Game Change 2012 and Game Change: Obama and the Clintons, McCain and Palin, and the Race of Lifetime; author of The Undecided Voter's Guide to the Next President, and co-author of The Way to Win: Taking the White House in 2008. Game Change received wide acclaim and HBO Films adapted the book for a movie, which won five Emmy Awards and three Golden Globes, including outstanding TV movie or miniseries. Prior to joining TIME in April 2007, Halperin worked at ABC News for nearly 20 years, where he covered five presidential elections and served as political director from November 1997 to April 2007. 11:45 a.m. - 1:00 p.m. Sidewalk Cafe in the Municipal Marketplace (Cash Sales) 12:00 p.m. - 1:00 p.m. Women Elected to Municipal Government Luncheon Luncheon by invitation only. if you do not receive your invitation, please contact WEMG at susanadams79@outlook.com. See letter on page 77 for details. 12:30 p.m. - 2:30 p.m. Regional Compact Initiative Exposition 1:15 p.m. - 2:30 p.m. Workshops 2:45 p.m. - 4:00 p.m. Workshops 4:15 p.m. - 5:30 p.m. Workshops 6:00 p.m. - 7:00 p.m. Membership Networking Event Evening Open 7:30 a.m. - 8:30 a.m. Various Local/Regional League Breakfast Meetings Contact your local league for more information. 7:30 a.m. - 4:00 p.m. Registration Desk Open 8:00 a.m. - 5:00 p.m. Technology Center Open See page 6 for more information. 8:30 a.m. - 9:00 a.m. Voting Delegate Registration Open 8:30 a.m. - 4:30 p.m. Youth Council Program See page 15 for details and registration information. 9:00 a.m. - 10:00 a.m. Annual Business Meeting 10:15 a.m. - 12:00 p.m. SECOND GENERAL SESSION Featuring recognition of the Years of Service awards, a special presentation by NLC Pres- ident Melodee Colbert -Kean and a keynote address by Ana Navarro. kr °r IMELODEE COLBERT-KEAN oi�hS Melodee Colbert -Keane councilmember for the City of Joplin, Mo., was elected president of the National League of Cities at the organization's 2015 Congress of Cities in Nashville. She was first elected to the City Council in 2006. A small business owner and community volunteer, Colbert -Kean has made service to her community a priority. Together with her husband, William Kean Jr., she is the owner of MEs Place Soul Food Kitchen. In 2011, the City of Joplin experienced an EFS tornado, which claimed the lives of 161people and devastated homes, businesses and churches in the community. Speaking about the tornado, Colbert- Ki tl- s in vour com �r a:disaster you learn exactly what you need to know about ieryday people do extraordinary things." Cean was elected mayor, becoming Missouri's first female rst African-American mayor. She served as mayor for two ole in helping Joplin's residents rebuild areas destroyed by League's Economic Development & Human Resources the Missouri Women's Council, which is a resource for S. Ana Navarro is a well-known Republican strategist and political analyst for CNN and CNN en Espanol, and is a political contributor on ABC's The View. The Miami New Times named her a "Republican power -consultant," and the Tampa Bay Times called her "a sought-after voice in Republican politics and an adviser for any presidential hopeful." Respected on both sides of the aisle for her straight shooting and candor, Navarro frequently appears in the media, including Meet the Press, Bill Maher's Rea/ Time, Anderson Cooper36O, and The View. Navarro served as the national Hispanic co-chair for Gov. Jon Huntsman's 2012 campaign and the national co-chair of John McCain's Hispanic Advisory Council in 2008. She served on Gov. Jeb Bush's transition team in 1998 and was his first director of immigration policy in the Executive Office of the Governor. In 2001, she served as ambassador to the United Nation's Human Rights Commission, devoting much of her energy to condemning human rights abuses in Cuba. In 1999, she worked in the private sector, representing private and public clients on federal issues, particularly related to immigration, trade, and policy affecting Central America. In 1997, she was a special advisor to the government of Nicaragua. 12:15 p.m. - 1:45 p.m. Past Presidents' Luncheon and Installation of New President 2:00 p.m. - 4:00 p.m. U.S. Senate Candidates Forum 4:00 p.m. - 5:00 p.m. Networking Roundtables 6:00 p.m. - 10:00 p.m. Childcare Provided Pre -registration required. See enclosed form to register. 6:30 p.m. - 9:30 p.m. Inaugural Celebration: Picnic in the Park Enjoy a classic summer picnic in the park, including activities, entertainment and great food. The event will include a buffet -style dinner and plenty of fun so be sure to attend. We'll bring everything but the ants! Schedule and speakers subject to change. 1 R!'Wl Iiiiiii ii�r itpsi i . 1 The Diplomat Resort provides a professional concierge desk to answer all questions regarding what to do, where to dine and how to get there, as well as brochures on area attractions, shopping and restaurants. For complete information, please contact the Diplomat at (954) 602-6000 or visit their website at www..diplomatresort.com. Join us on the beach at 7:00 a.m. on Friday, August 19, for a sunrise yoga class sponsored by Hometown Health. Flow with grace in a variety of postures designed to open up your mind, body and heart. This relaxing class will be lead by a Certified Personal Trainer and is great for individuals at all levels of fitness. You don't need to bring a yoga mat, but be sure to wear comfortable clothing. There is no charge for the event, but pre -registration is required (see main registration form) and the class is limited to the first 50 participants. Childcare services will be available on Saturday, August 20, from 6:00 p.m. until 10:00 p.m. during the Inaugural Celebration. This service, provided by the League through Sitter Solutions, will be offered at no charge, but pre -registration is required. The League will provide pizza, snacks and drinks. Sitter Solutions will provide quality childcare with loads of activities and games. Toys will be provided for children 1-3 years old, as well as videos for quiet time. Pillows and blankets will also be available. This service is licensed, bonded, insured and CPR trained, and there is no cost to you. Please be sure to pick up your child by 10:00 p.m. In order for us to provide this service, you will need to fill out the Childcare Registration Form on page 16 so we can determine how many sitters will be needed. Please return childcare forms to Melanie Howe, mhowe@flcities.com, fax (850) 222-3806 or mail to P.O. Box 1757, Tallahassee, FL 32302-1757. ii irioilq i i i �� lmr*Milm The Diplomat Resort will serve as the con- ference hotel. It is located at 3555 S. Ocean Drive in Hollywood. The hotel's phone is (954) 602-6000. (NOTE: Reservations may be made via an FLC-provided code only. Please do not call the Diplomat to make reservations until you receive this code.) FLC has secured the reduced rate of $10 per day for self parking, and $20 per day for valet parking. The landmark Diplomat Resort sits right on Hollywood Beach and features incredible views of the Atlantic. The hotel boasts a spectacular two-level lagoon -style pool, a kids' club and many water activities. The nearby Diplomat Country Club offers top- of-the-line golf, tennis and spa facilities. Directly across the street from the hotel, the Diplomat Landing features shopping and din- ing opportunities, plus water taxi service. Visit the hotel's website at www..dipiomatresort.com for more details. The Diplomat is a smoke- free property. From North: Take Interstate 95 South to Exit #18. Turn left onto Hallandale Beach Boule- vard and proceed 3.5 miles. Turn left onto Ocean Boulevard (Route AIA). The hotel is located on the right. From South: Take 1-95 North to Exit #18. Turn right onto Hallandale Beach Boulevard. Proceed to Ocean Boulevard (Route AIA) and turn left. The hotel is located on the right. From West: Take Interstate 75 East to Inter- state 595 East. Then proceed to 1-95 South. Take Exit #18 and turn left onto Hallandale Beach Boulevard. Proceed to Ocean Boule- vard (Route AIA) and turn left. The hotel is located on the right. Conference Registration Information Use the enclosed registration form to register for the conference. Register early to avoid delays. Email or fax your registration with Visa or MasterCard payment as directed at the top of the form, or mail your registration with payment to the address at the top of the form. No purchase orders or telephone registrations will be accepted. You can register online by accessing the Florida League of Cities' website at www.ficities.com. Simply fill out the online application, select your method of payment and your application will automatically be sent to the Florida League of Cities. For your convenience, the costs for all registration choices are automatically totaled for you. If you register online there are two payment options. You can send your registration fees by check to the Florida League of Cities, (NOTE: You are not registered until we receive your payment and you will not receive your housing information until your registration is paid.) or you can simply pay online with your Visa or MasterCard. Registrations submitted and paid online via credit card will automatically be marked as paid and you will receive your confer- ence confirmation immediately via email! Conference confirmations include your registration information, totals and registration number for your reference. Please check your confirma- tion carefully to verify that all information is correct. Please inform the League immediately of any errors. The registration fees for the 2016 annual conference are: City/County/Government $525.00* Guests $125.00 Guests (3-12 years) $15.00 Guests (13-18 years) $20.00 Corporate/Other $625.00* Exhibit Hall Pass $20.00 Extra Luncheon Ticket $40.00 Extra Inaugural Celebration Ticket $50.00 Youth Council Program $75.00 Conference Registration Information • -* City/County/Government ($525), Corporate ($625) and Guest ($125): These fees cover your name badge, admission to all conference sessions and the exhibit hall, refreshment breaks, Friday's membership networking event, Saturday's Past Presidents' Luncheon and the Inaugural Celebration Saturday night. Teen Guest 13-18 years ($20) and Child Guest 3-12 years ($15): These fees cover your name badge, admission to the exhibit hall, Friday's membership networking event and refreshment breaks. Teen and child guest registration does not include Saturday's Past Presidents' Luncheon or Inaugural Celebration. Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon, Thursday evening and Friday morning. The pass allows access to all events in the exhibit hall, as well as Friday's membership networking event. The pass is not good for any other conference events, and is not equivalent to a registration. Youth Council Program ($75): This fee covers all Youth Council Program activities on Saturday, plus lunch. See page 15 for details and registration information. Advance registration forms must be postmarked on or before Monday, August 1, 2016. If you are unable to meet this deadline, please register on-site at the conference registration desk. Conference registration cancellations must be done in writing via email or fax to mhowe@ ficities.com or (8SO) 222-3806. All cancellations received in the FLC office by 5:00 p.m., Monday, August 1, 2016, will receive refunds, minus a $SO.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after August 1 or for early departure from the conference. 2016 FLIC I Conference Registration August 18-20, 2016 1 Diplomat Resort I Hollywood Florida League of Cities I P.O. Box 1757 I Tallahassee, FL 32302 1 (850) 222-9684 1 Fax (850) 222-3806 1 mhowe@ficities.com DELEGATE INFORMATION Name: First MI. Last First Name or Nickname: _ As You Wish to Appear on Badge Title:_ _ Affiliation: _ City, County, Government or Company Mailing Address: Note: if you will be paying with a credit card below, please use the billing address for that card. City:_ State: _ _ Zip:_ Phone Number: Fax Number: Email Address (for confirmations): Please provide the address of the person who should receive the confirmation. First -Time Attendee? ❑ Yes ❑ No Contact Person: GUEST INFORMATION (Please complete only if registering a guest for the conference.) Guest's Name:_ _ First Name:_ _ As You Wish to Appear on Badge Child's Name: _ _ Age:_ First Name:_ As You Wish to Appear on Badge Child's Name: _ _ Age:_ First Name:_ As You Wish to Appear on Badge REGISTRATION FEES NO. FEE TOTAL FEE City/County/Government @ $525.00* $ Corporate @ $625.00* $ Guest @ $125.00 $ Guest (13-18 years) @ $20.00 $ Guest (3-12 years) @ $15.00 $ Exhibit Hall Pass @ $20.00 $ Wednesday, August 17 Research Symposium @ $0.00 $ Thursday, August 18 Ethics Session @ $0.00 $ Friday, August 19 Sunrise Yoga; @ $0.00 $ Saturday, August 20 Extra Luncheon Ticket @ $40.00 $ Extra Inaugural Celebration Ticket @ $50.00 $ Total $ SPECIAL NEEDS If you require special services, or have special dietary needs, please attach a written description to your registration form. REGISTRATION Registration form must be accompanied by payment made payable to Florida League of Cities. Mail this form to: Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757. Registration forms must be postmarked by August 1, 2016. Remember: You will not receive housing information until we have received your PAID registration. EMAIL OR FAX REGISTRATION Registration forms with Visa or MasterCard payments can be emailed to mhowe@f/cities.com or faxed to (850) 222-3806. CANCELLATION POLICY All cancellations received in writing via email or fax to mhowe@ficifies.com or (850) 222-3806 and received by 5:00 p.m., August 1, 2016, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after August 1 or for early departure from the conference. CREDIT CARD INFORMATION Credit Card type: ❑ MasterCard Number: Account Name: Signature: __ ❑ Visa __ Exp. Date: • Florida League of Cities Youth Council Saturday, August 20, 2016 1 8:30 a.m. - 4:30 p.m. We are pleased to invite youth councils from throughout the state to participate in the annual conference. Attendees will learn about issues facing municipalities across the country and have the opportunity to network with members of other Florida youth councils. The registration fee for this program is $75 per person and includes the keynote presentation during Saturday's general session, lunch and youth -targeted presentations. For more information, please contact Sharon Berrian at (850) 222-9684. Please complete one form per youth council. The form may be duplicated if you are registering more than six people. Youth Council Name Contact Person: Address: City: State: _ Phone: FAX: Email: Contact Cell Phone: Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone M Registration Fee - $75.00 per person if received by Monday, August 1, 2016. The final deadline for registration is Monday, August 1, 2016. Total Amount Enclosed: $ Method of Payment: ❑ Check (payable to Florida League of Cities) ❑ Visa ❑ MasterCard Card # Billing Address (/f different from above): Cardholder's Nam Exp. Date:_ Cardholder's Signatu Mail checks to: Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302 Fax Visa or MasterCard payments to: (850) 222-3806, Attn: Melanie Howe Email Visa or MasterCard payments to: mhowe@f/cities.com Youth council registration cancellation must be done in writing via email or fax to mhowe#f/cities.com or (850) 222-3806. All cancellations received in the FLC office by 5:00 p.m., Monday, August 1, 2016, will receive refunds. Refunds will be issued after the conference. 111 11 Pill 1 111�11111111 ill��ll= August 18-20, 2016 1 Diplomat Resort I Hollywood Parent Name: Phone ( Address: Cell Phone: City: State; Zip/Postal Code; WnO IS GUTnorizeC TO PICK up your cnija? Name; Relationship; Name: Relationship: L The undersigned parent/guardian, for himself or herself, and his or her heirs, Successors and/or assigned, herby releases, acquits and fully discharges, Sitter Solutions and their respective shareholders, officers, directors, agents, employees, representatives, predecessors, successors and assigns from any and all claims, suits, sums of money, judgments, executions, damages, losses, expenses of any kind including without limitation, court demands, causes of actions and rights whatsoever, known or unknown contingent or otherwise, that parent, guardian or child might have, in whole or in connection with directly or indirectly, in the provision of child care services and or any use by parent/guardian or their children at such facility. 2. Parent/guardian may not bring toys, jewelry, valuables or medications into child care facility, Sitter Solutions, Inc. will not be responsible for such items and will not administer medication of any kind. 3. Parent/guardian warrants that the child has no allergies or disabilities, which have not been noted above, 4. This agreement shot) be interpreted and construed under and in accordance with the laws of the State of Florida. 5. 1 hereby grant permission for Sitter Solutions, Inc, to take whatever steps necessary to obtain emergency medical care if warranted. If the parent cannot be reached emergency personnel will be called. 6. 1 hereby give permission for photographs/video to be taken of my child (ren) while attending a Sitter Solutions, Inc. children's convention. These photographs/video may be used for Sitter solutions, Inc. This will serve as my authorization to Sitter Solutions, Inc. Signature Relationship For more information, call Sitter Solutions, Inc. at 813-900-0927 . #e -rieElected to, uzici relrci ry a T l In RorWaz. Dear Members, Conference Guests and Spouses: We invite you to join with us at our Annual Luncheon being held during the Florida League of Cities Conference, at the Diplomat Resort in Hollywood, Florida. This event will be on Friday, August 19th from 12:00 p.m. to 1:00 pm. The annual luncheon is designed to encourage fellowship and networking amongst our members and guests, and increase awareness about the organization for non-members. Each year, we have a keynote address by a woman that has risen to the top of her chosen career and is making a significant difference in her community. To reserve your place please complete the form below and mail it to the address shown below together with your check for $40 (Member rate) or $45 (Non -Member rate) payable to Women Elected to Municipal Government or WEMG. We must have your reservation by August 5th. If you would like to pay your membership at this time please feel free to do so. The membership fee is $30. We look forward to having you join us for lunch and our annual meeting on August 19thi Sincerely, Dr. Stephany Eley President, Women Elected to Municipal Government Reservation Form Clip and return with your check to the address below Name Title if Elected Official Mailing Address City, State and Zip Code City Luncheon Payment: Member Rate $40 Non - Member Rate $45 Membership Fee Payment or Renewal $30 Email Luncheon Registration c/o Susan Adams, Treasurer 100 S Pine St, Fellsmere, FL 32948 Email: susanadams19@outlook.com Web site: www.wemg.org 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 40 of 441 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 41 of 441 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 42 of 441 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 43 of 441 5.C. ADMINISTRATIVE 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 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: Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 1 Reg and 1 Stu N/V Library Board: 1 Reg Senior Advisory Board: 1 Reg 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 Other Appointments Page 44 of 441 REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 6/22/2016 - 11:43 ANA Page 45 of 441 IIII I i TV I i a 111 '! • Building Board of Adjustment & Appeals 11 McCray Alt 1 yr term to 12/16 Tabled (3) 111 Romelus Alt 1 yr term to 12/16 Tabled (3) Applicants None Education and Youth Advisory Board 11 McCray Reg 3 yr term to 12/16 1 Katz Stu NN 1 yr term to 12/16 Tabled (3) Applicants Lori Wilkinson - Current Alternate requests move up to Regular Mayor Grant Reg Applicants None Senior Advisory Board Mayor Grant Reg I Katz Alt 11 McCray Alt Applicants None 2 yr term to 12/18 Tabled (3) 2 yr term to 12/16 Tabled (3) 1 yr term to 12/16 1 yr term to 12/16 Page 46 of 441 CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-079 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for Odney Majeune of 1077 S.W. 28th Avenue, Boynton Beach, Florida, 33426, and authorizing the City Manager to sign the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage to allow new charges, claims, or mortgages on a given property to become the priority. The subordination agreement allows the new lender to have first position of the property, and the City to become subordinate to the new mortgage. In this case, Mr. Majeune received rehabilitation assistance from the City's Home Improvement Program in 2015. His current mortgage was financed on December 20, 2006, with World Savings Bank for $177,782 at 2.00% maturing October 1, 2040. Mr. Majeune, now a widower, wants to refinance his home with World Savings Bank, FSB, to a 40 year, FHA streamline mortgage in an amount not to exceed $178,301.35 at 3.25%. In doing so, he will reduce his monthly payments approximately $100.00. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect to City programs or services; Mr. Majeune is merely taking advantage of an opportunity to lower his housing costs. FISCAL IMPACT. Non -budgeted There is no fiscal impact, as the City's mortgage will retain second position. However, with today's financial climate, there is no assurance that Mr. Majeune will be able to get this low rate without acting as soon as possible. Mr. Majeune's mortgage/note with the City, dated July 6, 2015, is in the amount of $23,915.00. ALTERNATIVES: Not to subordinate the mortgage. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 47 of 441 ATTACHMENTS: Type D Agreement D Conditions of Approval D Exhibit REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager Howard, Tim Description Resolution approving Majeune Subordination Agreement I\Aajeune Subordination Agreement I\Aajeune Loan Does I\Aajeune COBB I\Atg & Note Action Date Approved 6/27/2016 - 5:42 IIIA Approved 6/28/2016 - 5:17 IIIA Approved 6/29/2016 - 9:26 AKA Approved 6/29/2016 - 4:04 IIIA Approved 6/30/2016 - 12:30 IIIA Page 48 of 441 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY'S MORTGAGE WITH ODNEY MAJEUNE IN FAVOR OF WORLD SAVINGS BANK, FSB; AUTHORIZING THE CITY MANAGER TO SIGN THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF WORLD SAVINGS BANK, FSB; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of World Savings Bank, FSB, for Odney Maj eune. 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 request for subordination of the City's Mortgages and authorize the City Manager to execute the Subordination Agreement for Odney Majeune in favor of World Savings Bank, FSB, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. Page 49 of 441 28 PASSED AND ADOPTED this day of , 2016. 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 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 50 of 441 This Instrument Prepared by: James A. Cherof, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement") is made this day of July, 2016 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of World Savings Bank, FSB ("World Savings"). WITNESSETH: WHEREAS, the CITY is the owner and holder of that certain corrective promissory note and corrective mortgage in the original principal amount of Twenty -Three Thousand Nine Hundred Fifteen and 00/100 Dollars ($23,915.00), executed on October 26, 2015, which Corrective Mortgage was recorded on October 30, 2015 in Official Records Book 27898, Page 0362 of the Public Records of Palm Beach County, Florida (referred to as the "Mortgage") by Odney Majeune, an un -remarried man, (referred to as the "Mortgagor"), and WHEREAS, Mortgagor is the owner in fee simple of the following described real property (the "Property"), which Property is encumbered by the Mortgage: Lot 21, Block 9,GOLFVIEW HARBOUR 1sT SECTION, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, at Page 178; said lands situate, lying and being in Palm Beach County, Florida. Tax Parcel No. 08-43-45-32-02-009-0120 WHEREAS, World Savings has agreed to refinance the Mortgagor loan, and grant a mortgage loan to the Mortgagor in an amount not to exceed $178,301.35 to be secured by a first mortgage encumbering the Property (hereinafter the "New Mortgage"), provided that the CITY's Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount not to exceed $178,301.35 given by Mortgagor, Page 51 of 441 Odney Majeune to World Savings, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, Florida. This subordination is only to the extent of the loan amount not to exceed $178,301.35 and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on 12016. Signed, sealed and delivered in the presence of STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a Florida municipal corporation By: Lori LaVeniere, City Manager The foregoing instrument was acknowledged before me on this day of July, 2016 by Lori LaVerriere, City Manager of the City of Boynton Beach, on behalf of the CITY, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC 2 of 2 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\6CCFC186-9567-4A18-9E4E-DDBF9E469649\Boynton Beach. 3605.1. Subordination_Agreement- _Majeune_(World_Savings).Doc Page 52 of 441 LOAN • • + •STATEMENT CUSTOMER INFORMATION: Name ODNEY MAJEUNE & MARIE G MAJEUN; Loan Number 708 484336037 Property Address 1077 SW 28TH AVENUE, BOYNTON BEACH, Fl. 33426 # . . T # .. oil . # Principal $ 171,449.13 Interest $ 1,143.00 Escrow Account $ 709.22 Recoverable Expenses* $ 0.00 Prior Forbearance $ 0.00 Additional Fees $ 5,000.00 Total Amount Due Pre -Modification $ 178,301.35 AMOUNTS INCLUDED (Capitalized in the Modification): 178,301.35 Interest $ 1,143.00 Escrow Account $ 709.22 Recoverable Expenses $ 0.00 Less Amount for Adjustments $ 0.00 Total Capitalized Amount $ 1,852.22 OUTSTANDING BALANCES: Modified Principal $ 178,301.35 Principal Reduction Alternative $ 0 Principal Forbearance $ 0 Interest $ 0 Escrow Shortage $ 0.00 Recoverable Expenses* $ 0 Less Amount for Adjusments $ 0 TOTAL AMOUNT OWED AFTER MODIFICATION 178,301.35 *Recoverable Expenses may include, but are not limited to: Title, Attorney fees/costs, BPO/Appraisal, and/or Property Preservation TERMS OF THEMODIFICATION: Unpaid Principal Balance Initial Interest Rate Initial Monthly Principal & Interest Payment Maturity Date Principal Reduction Alternative Principal Forbearance Amount Principal Forgiveness Amount First Modified Payment Due Date Term 480 Pre -Modification Modified $ 171,4419.13 $ Z- UV%O $ 742.16 $ 10/1/2040 178,301..35 3.270% 645.62 5/1/2056 0 0 0 6/1/2016 Page 53 of 441 Fax: 1-866-359-7234 Telephone: 1-877-311-3581 Correspondence: PO Box 10335 Des Moines, IA 50306 Hours of operation: Mon -Thur, 7 a.m. -10 p.m.; Fri, 7 a.m.-8p.m.; Sat, 7 a.m. — 6 p.m.; Sun, 9 a.m. —8 p.m. CT Loan Number: 0484336037/708 Property Address: 1o77 SW 28TH AVE BOYNTON BEACH,FL33426 June 13, 2o16 ODNEY MAJEUNE MARIE G MAJEUNE 1077 SW 28TH AVENUE BOYNTON BEACH, FL 33426 Subject: Modification subordination agreement enclosed Dear ODNEY MAJEUNE and MARIE G MAJEUNE: As we discussed, in order to process the modification of your first lien mortgage, the enclosed modification subordination agreement must be signed by Servicer of subordination requested.. This document is required to ensure Wells Fargo, as servicer, maintains the current lien position on your mortgage. Please make sure the enclosed subordination agreement is completed and returned to Wells Fargo Home Mortgage within io business days from the date of this letter. Where to send the document Once completed by the subordinate mortgage holder, please send the subordination agreement to us by both fax and mail: Fax: 1- (866) 359-7363 Mail: Wells Fargo Home Mortgage Corporation Attn: DDT uoo Corporate Center Drive 2.d Floor Raleigh, NC 27607-5o66 MAC Do2o3-o2A About your first lien modification For your reference, below are details of your first lien modification. This information is subject to both your completion of a trial period plan and investor approval. The numbers on this form are subject change, Please note, if you are not placed on a trial period plan, the modification of your first lien may only be subject to investor approval. First lien Yo "Mcarion Agreement 1Facka ge: Please be advised that this is a modification with no Cash -out. Neither the HUD -1. Good Faith Estimate, 1003 nor 1oo8 are used with a modification. For your review the following documents have been included as substitutions the Request For Mortgage Assistance (RMA), the Hardship Letter, and or Forbearance Plan where applicable, Page 54 of 441 Step Rate Plan:, Intereest Rate Monthly Principal & Interest Payment* Effective Date 3.250% $645.62 05/01/2016 *Please note: This amount does not include escrow payment amounts or escrow shortage payment amounts. Thank you for your prompt attention to this matter. If you have any questions, please contact me at the number below. Sincerely, KIMBERLY KUHLE Home Preservation Specialist Wells Fargo Home Mortgage Ph: 1-877-311-3581 ext. 4353 Fax: 1-866-590-8910 Contact us If you'd like to request information, notify us of an error, or share any concerns you may have about the servicing of your loan, please contact us at P.O, Box 10335, Des Moines, L4 50306. This communication is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have received a discharge of this debt in bankruptcy or are currently in a bankruptcy case, this notice is not intended as an attempt to collect a debt, and we have a security interest in the property and will only exercise our rights as against the property. With respect to those loans secured by property located in the State of California, the state Rosenthal Fair Debt Collection Practices Act requires that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false ormisleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at r -877 -FTC -HELP or www.ftc.eov. Wells Fargo Home Mortgage is a division of Wells Fargo Bank, NA. © 2012 Wells Fargo Bank, NA. All rights reserved. Equal Housing Lender. NMLSR ID 399801 Page 55 of 441 11111111111111111111111111111111 HIS CF'N 20150400795 OR BK 27898 PG 0362 This instrument was prepared by: RECORD 10/30/2015 12:@e,:17 Community Improvement Division Palm Sharon Beach aunt � �, �� ida The City of Boynton Beach, Florida � � � ER P.O. Box 310 Pgs 0362 Boynton Beach, Florida 33425 THIS CORRECTIVE MORTGAGE IS BEING EXECUTED AND RECORDED IN ORDER TO CORRECT THE AMOUNT OF $26,968.00 IN THAT CERTAIN MORTGAGE FROM THE BORROWER TO THE LENDER DATED JULY 6, 2015 AND RECORDED JULY 23, 2015 IN OFFICIAL RECORDS BOOK 27689, PAGE 1320, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DOCUMENTARY STAMP TAXES WERE PAID ON SAID ORIGINAL MORTGAGE. roralzi 41111101 Odne M -- --- -, an un -remarried man, the Mortgagors, in consideration of the principal cum specified in the promissory note hereafter described, eceived from THE CITY OF BOYNTON BEACH, the Mortgagee, hereby on this day of October, 2015 mortgage to the Mortgagee the real property in Palm Beach County, Florida, described as: Lot 21, Block 9, GOLFVIEW HARBOUR 1St SECTION, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, at Page 178; said lands situate, lying and being in Palm Beach County, Florida. 1077 S.W. 28th Avenue, Boynton Beach, Florida 33426 as security for the payment of the promissory note of which the following is a copy: $23,915.00 Boynton Beach, Florida Dated: July 6, 2015 FOR VALUE RECEIVED Odney Majeune, an un -remarried man, promise to pay to the order Of THE CITY OF BOYNTON BEACH, FLORIDA, the sum of Twenty Three Thousand Nine Hundred Fifteen and 00/100 DOLLARS ($23,915.00), with interest at the rate of NO (0%) percent per annum, in the following manner: The obligation assumed under this Promissory Note shall be forgiven at the rate of . .� nth _ . n . q! �r .2v Nei MC iii iai iui rorgiverr fall ien i ir) years from the date above mentioned. For purposes of forgiveness of this loan the amount of $199.29 Dollars shall 'be forgiven each month on the 161h day, beginning August 2015. This Promissory Note is not assumable and is fully due and payable less the amount of forgiveness in the event the above-described property is sold, or property owner fails to maintain property in accordance to City Code of Ordinances. This note is negotiable and payable at Boynton Beach, Florida, or at such other place as the holder hereof may designate in writing, and if default in payment occurs, may be placed in the hands of an attorney at law for collection, in which event the maker agrees to pay the cost of collection, including a reasonable attorney's fee which shall include costs and attorney's fees on an appeal of any litigation involved in enforcing this obligation. All makers and endorsers now or hereafter becoming parties hereto jointly and severally waive demand presentment, notice of nonpayment and protest. m qpfgdhey Majeune Page 56 of 441 and agree: 1. To make all payments required by that note and this mortgage promptly when due or upon sale of the property, or failure to maintain property according to City Code of Ordinances. 2. To pay all taxes, assessments, liens and encumbrances on that property promptly when due. If they are not promptly paid, the Mortgagee may pay them without waiving the option to foreclose, and such payments, with interest thereon from the date of payment at the same rate as specified in that note, shall also be secured by this mortgage. 3. To commit, permit, or suffer no waste, impairment, or deterioration of the mortgaged property. 4. To pay all expenses reasonably incurred by the Mortgagee because of failure of the Mortgagors to comply with the agreements in that note of this mortgage, including reasonable attorney's fees which shall include costs and attorney's fees on an appeal of any litigation involved in enforcing this obligation. The cost thereof, with interest thereon from the date of payments at the same rate as specified in that note, shall also be secured by this mortgage. 5. If any payment provided for in that note is not paid within fifteen days after it becomes due, or if any agreement in this mortgage other than the agreement to make the payments is breached, the entire unpaid principal balance of that note shall immediately become due at the option of the Mortgagee, and the Mortgagee may foreclose this mortgage in the manner provided by law, and have the mortgaged property sold to satisfy or apply on the indebtedness hereby secured. 6. The rents and profits of the mortgaged property are also thereby mortgaged, and if proceedings to foreclose this mortgage shall be instituted, the court having jurisdiction hereof should appoint a receiver of the mortgaged property, and apply those rents and profits to the indebtedness hereby secured, regardless of the solvency of the Mortgagors or the adequacy of the security. 7. To maintain the property in compliance with City Codes. :J. v�,: Ci:: the death. c", t.' -.;a :a i_c ;3ai c •vs.....L`. •.i ` c.r^. �r Cl.i �fJ acquired tt irol.j� T��l�. . �„ i3 y 4 � i 1 j.,rObat�,', same terms and conditions of the mortgage remain in effect. If the property is sold, or the inheritor chooses not to reside on the property, or the property is rented out, the city is to be repaid the unforgiven portion remaining. Signed in the presence of: Page 57 of 441 STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Odney Majeune He/she is personally Mknown to__Me [or has produced _h3[k as identification] to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witness my hand and official seal in the county and state named above thisday of Q, 'INC— (SEAL) Notary P"ublic�:_ My Commission Expires: oW Notary Public State of F"a Debra P Reamsnyder my Commission FF 075173 pF Expires 12108t2017 YiRKI Page 58 of 441 $23,915.00 Boynton Beach, Florida Dated: July 6, 2015 FOR VALUE RECEIVED Odney Majeune, an un -remarried man, promises to pay to the order Of THE CITY OF BOYNTON BEACH, FLORIDA, the sum of Twenty Three Thousand Nine Hundred Fifteen and 00/100 DOLLARS $23,915.00 with interest at the rate of NO (0%) percent per annum, in the following manner: The obligation assumed under this Promissory Note shall be forgiven at the rate of 1/120th per month until forgiven in full ten (10) years from the date above mentioned. For purposes of forgiveness of this loan the amount of $199.29 Dollars shall be forgiven each month on the 16th day, beginning August, 2015. This Promissory Note is not assumable and is fully due and payable less the amount of forgiveness in the event the above described property is sold, or property owner fails to maintain property in accordance to City Code of Ordinances. This note is negotiable and payable at Boynton Beach, Florida, or at such other place as the holder hereof may designate in writing, and if default in payment occurs, may be placed in the hands of an attorney at law for collection, in which event the maker agrees to pay the cost of collection, including a reasonable attorney's fee which shall include costs and attorney's fees on an appeal of any litigation involved in enforcing this obligation. All makers and endorsers now or hereafter becoming parties hereto jointly and severally waive demand presentment, notice of nonpayment and protest. Mor ag n jene u Mortgagor Page 59 of 441 6.B. CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-080 -Authorize the City Manager to sign a Termination and Mutual Release Agreement for transmission of sanitary sewer flows from Royal Manor into the City's wastewater collection and treatment system. EXPLANATION OF REQUEST. The City entered into an Asset Purchase Agreement with Royal Manor for acquisition of the Royal Manor water and wastewater system, on December 12, 2015. This new agreement supercedes the Agreement dated April 15, 1993 under Resolution 93-55. The agreement of 1993, defined and created a method to accept and charge for wastewater flows from Royal Manor at a bulk rate for wastewater collection and disposal. The Asset Purchase Agreement did not acknowledge and "sunset" the previous agreement. The execution of this agreement officially terminates the bulk collection and disposal agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There are no changes in City services. FISCAL IMPACT. None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: None CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Agreement Description Resolution authorizing the City Manager to sign the Termination and Mutual Release Agreement Termination and Mutual Release Agreement Page 60 of 441 REVIEWERS: Department Reviewer Utilities -Customer Service Groff, Colin Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager Howard, Tim R93-55 Royal Manor Sewer Service Action Date Approved 6/27/2016 - 3:38 IIIA Approved 6/28/2016 - 4:54 PIM Approved 6/29/2016 - 9:32 ANA Approved 6/29/2016 - 2:36 PPA Approved 6/30/2016 - 3:57 IIIA Page 61 of 441 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A TERMINATION AND MUTUAL RELEASE AGREEMENT FOR TRANSMISSION OF SANITARY SEWER FLOWS FROM ROYAL MANOR MOBILE HOME ESTATES INTO THE CITY'S WASTE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 12, 2015, the City entered into an Asset Purchase Agreement with Royal Manor for the acquisition of the Royal Manor water and wastewater system; and WHEREAS, the new agreement, which supersedes a previous Agreement dated April 15, 1993 and approved by Resolution 93-55, defined and created a method to accept and charge for wastewater flows from Royal Manor at a bulk rate for wastewater collection and disposal; and WHEREAS, the execution of this Agreement will officially terminate the bulk collection and dismissal agreement which the Asset Purchase Agreement of 2015 did not do; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a Termination and Mutual Release Agreement for transmission of sanitary sewer flows from Royal Manor into the City's wastewater collection and treatment system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\103A734E-DC92-44D3-9E50-B3274789D78B\Boytt� gge 62 of 441 Beach. 3602.1. Termination _And _Mutual_Release_Agreement_-_Reso.Doc I ''d 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, 32 hereby approves and authorizes the City Manager to sign a Termination and Mutual 33 Release Agreement for transmission of sanitary sewer flows from Royal Manor into the 34 City's wastewater collection and treatment system , a copy of which is attached hereto as 35 Exhibit "A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of 2016. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 Interim City Clerk 60 61 62 (Corporate Seal) 63 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 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\103A734E-DC92-44D3-9E50-B3274789D78B\Boytt� gge 63 of 441 Beach. 3602.1.Termination_And_Mutual_Release_Agreement_-_Reso.Doc I ''d TERMINATION AND MUTUAL RELEASE AGREEMENT This TERMINATION AND MUTUTAL RELEASE AGREEMENT is made and entered into this day of , 2016, by and between: THE CITY OF BOYNTON BEACH, a Florida municipal corporation, hereafter referred to as "City" and ROYAL MANOR MOBILE HOME ESTATES, INC., a Florida not for profit corporation, hereinafter referred to as ("Royal Manor") (with the City and Royal Manor each referred to as a "Party" and collectively as the "Parties"). WITNESSETH: WHEREAS, the Parties entered into an Asset Purchase Agreement for the sale of the Utility System serving Royal Manor Mobile Home Estates on January 13, 2016 (the "Asset Purchase Agreement"); and, WHEREAS, the Parties had previously entered into an Agreement dated April 15, 1993 to provide for the transmission of sanitary sewer flows from Royal Manor into the City's wastewater treatment system, and the collection of fees from Royal Manor for the privilege of utilizing the City's wastewater treatment system (the "Sanitary Sewer Agreement"); and WHEREAS, on or about March 31, 2016, the parties closed the transaction as provided in the Asset Purchase Agreement, and desire to terminate the Sanitary Sewer Agreement, which is now obsolete. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereafter set forth, City and Royal Manor agree as follows: ARTICLE I - RECITALS 1.1. The foregoing recitations are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. ARTICLE 2 — TERMINATION 2.1 The City and Royal Manor agree to terminate the Sanitary Sewer Agreement as of the date of execution of this Termination and Mutual Release Agreement. ARTICLE 3 — MUTUAL RELEASE 3.1 MUTUAL RELEASE. The parties do, as to one another, release each other from any and all claims, demands, and damages, whether arising out of law or equity, and whether previously {00127332.1 306-90018211 Page 1 of 4 Page 64 of 441 asserted or unasserted, known or unknown, arising out of or relating to the Agreement dated April 15, 1993, between the City and Royal Manor. ARTICLE 4 — MISCELLANEOUS 4.1 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.2 JOINT PREPARATION: The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations here and that the preparation of this Agreement has been a joint effort. The language agreed to expresses their mutual intent and their resulting documents shall not, solely, as a matter of judicial construction, be construed more severely against one of the parties than the other. 4.3 APPLICABLE LAW AND VENUE: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the 17'1' Judicial Circuit of Broward County, Florida, and the venue site and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each Party hereby waives any rights it may have to trial by jury of any such litigation. 4.5 MULTIPLE ORIGINALS: This Agreement may be fully executed in multiple copies and counter parts by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 4.6 LEGAL REPRESENTATION. It is acknowledged that each Party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that an Agreement shall be interpreted strictly against the Party preparing same shall not apply due to the joint contribution of both Parties. 4.7 BINDING AUTHORITY. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 4.8 HEADINGS. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 4.9 ATTORNEYS' FEES. In the event that either Party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorneys' fees and court costs in addition to any other remedy afforded by law. {00127332.1 306-90018211 Page 2 of 4 Page 65 of 441 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement between City and Royal Manor on the respective dates under each signature. ATTEST: Judith A. Pyle, Interim City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida ma Lori LaVerriere, City Manager (SEAL) The foregoing instrument was acknowledged before me this day of , 20 , by Lori LaVerriere, as City Manager of the City of Boynton Beach, Judith A. Pyle, Interim City Clerk of the City of Boynton Beach, who are personally known to me or have produced as identification. My Commission expires: {00127332.1 306-90018211 Notary Public, State of Florida Printed Name of Notary Public Page 3 of 4 Page 66 of 441 ATTEST: By: Print Name: Title: STATE OF FLORIDA ) COUNTY OF ) ROYAL MANOR MOBILE HOME ESTATES, INC., a Florida corporation Print Name: Title: (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of , 20 , by , and as and of Royal Manor Mobile Home Estates, Inc., a Florida not-for-profit corporation, who is personally known to me or has produced a as identification, on behalf of Royal Manor Mobile Home Estates, Inc., and has executed the foregoing instrument on behalf of Royal Manor Mobile Home Estates, Inc.. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public {00127332.1 306-90018211 Page 4 of 4 Page 67 of 441 I RESOLUTION NO. R93 -0D_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, .FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR SEWER :SERVICE FOR ROYAL MANOR MOBILE HOME ESTATES,- SAID AGREEMEI4-T BEING ATTACHED HERETO: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Royal Manor Mobile Home Estates is located west of Lawrence Road. on both the north and south sides of N.W. 22nd Avenue and contains 437 mobile home units; and WHER.EAS.,.the .mobile home park is desirous of connecting to the City's sewer -system and the City has sufficient reserve capacity to accommodate the flow from Royal Manor. NOW, THEREFORE, BE IT RESOLVED BY THE.CITY.COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Agreement for Sewer Service for Royal Manor Mobile Home Estates, which Agreement is attached hereto as Exhibit LY Section 2. This Resolution shall take. effect immediately upon passage. PASSED AND ADOPTED this 49 day of April, 1993,. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Cir Clerk Authsig.WP5 SSer.Royal Manor 4/2/93 Vice Commissioner r ..r,.I__177_T___-' Page 68 of 441 AGREEMENT WHEREAS, the City of Boynton Beach, has constructed a Regional Lift Station, generally known as LS 315, as well as connecting force main 319, 317, 359, and Repump Lift Station 317 (hereinafter collectively referred to as "LS 319"); and, WHEREAS, the construction of LS 319 was funded in part by federal government funds through the Environmental Protection Agency; and, WHEREAS, the City of Boynton Beach has taken possession of Force Main 519, (a/k/a the Windward force main) which was intended to transmit flow from Royal Manor Mobile Home Estates, Inc., leaving a connection point at NW 22nd Avenue; and, WHEREAS, Royal Manor intends to construct a force main from the aforementioned Force Main 519 connection stub to a point south of the new meter pit located inside the property of Royal Manor Mobile Home Estates, Inc., hereafter referred to as "the point of connection". F --m NOW, THEREFORE, THE CITY OF BOYNTON BEACH AND ROYAL MANOR MOBILE HOME ESTATES, INC. agree as follows: 1. The City of Boynton Beach agrees to receive at the point of connection of Royal Manor Mobile Home Estates, Inc., all flows from the Royal Manor Mobile Home Estates, Inc. sanitary sewer collection system. 2. The City of Boynton Beach will transmit for treatment the sanitary sewage received by the City of Boynton Beach pursuant to Paragraph 1 hereof to the Regional Wastewater Treatment Plant. 3. Royal Manor Mobile Home Estates, Inc. will convey by bill of sale the meter, lift station, and force main at Royal Manor Mobile Home Estates, Inc., to the City of Boynton Beach within 10 clays following operational acceptance of the system by the City. Additionally, Royal Manor Mobile Home Estates, Inc. agrees to dedicate appropriate easements to the City encompassing the lift station and force main and also for ingress and egress. Page 69 of 441 4. The City of Boynton Beach will maintain the influent meter which measures the flows from Royal Manor Mobile Home Estates, Inc., sanitary sewer collection into FM 519/LS 319 and will allow Royal Manor Mobile Home Estates, Inc. to read the meter at any time convenient to both parties. 5. it is agreed that the sanitary sewer collection system, i.e., gravity feed that collects sewage from Royal Manor Mobile Home Estates, Inc. , up to the wet well will be the responsibility of Royal Manor Mobile Home Estates, Inc. That portion of the sewage transmission system from the wet well and the flow in that system from that point where it becomes pressurized at the lift station shall be the responsibility of the City of Boynton Beach. 6. For disposal of its sewage through FM 519/LS 319 and thereafter into the Regional Treatment System, Royal Manor Mobile Home Estates, Inc. agrees to pay the City of Boynton Beach a three-part charge per 1,000 gallons of flow on a monthly basis as follows: PART I. A user charge rate for system -wide operating and maintenance including replacement of $0.7759 per IrOOO gallons of sewage as metered at the point of connection. PART 11. A user charge for treatment and disposal by South Central Regional Wastewater Treatment and Disposal Board at the Regional Wastewater Treatment and Disposal Plant of $ .7055 per 1,000 gallons of sewage metered by the master meter and as amended from time to time by the governing body of the Regional Plant and charged to the City of Boynton Beach. PART III. The fair share cost of the Windward force main and a user charge based on the capital facilities fees which totals $172,908. A down payment of 543,227 will he due prior to operational acceptance of the system by the City. The balance of $129,681 shall Page 70 of 441 be paid at the rate of $2,660.60 per month for a period of five (5) years, based upon an annual percentage rate of 8.5% interest. The five (5) year debt service at 8.5% may be prepaid as a lump sum without penalty to Royal Manor Mobile Home Estates, Inc. 7. Royal Manor Mobile dome Estates, Inc. will make monthly payments to the City of Boynton Beach beginning at the completion of the first full month of operation under the terms of this Agreement and will be based on the gallons of sewage measured at the meter. The first monthly payment will be for the gallons pumped for a partial month prior to the first complete month. If there is to be an annual rate adjustment in Part I and/or Part II, the City of Boynton Beach will submit to Royal Manor Mobile Home Estates, Inc., annually, any anticipated rate adjustment by September 1st preceding the start of the fiscal year and a final approved rate adjustment by October 15th for the fiscal year. 8. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. 9. In the event of default by either party under the terms and conditions of this Agreement, the non -defaulting party shall be entitled to all remedies available at law or in equity. The prevailing party in any litigated dispute shall be entitled to recover attorney's fees. Page 71 of 441 .--T_, IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /3 aay of 1993. ROYAL MANOR MOBILE HOME ESTATES, INC. WITNESS: P es.i)de 4Secretary FOR INDIVIDUALS) NOTARIZATION: STATE OF Florida j COUNTY OF Palm Beach j I HERESY CERTIFY that on this day, before me, an officer duly authorized in the tate afore,ict o take, acknowledgements, personally appeared ', to me known to be the person(s) described in and who execut d the same. WITNESS my hand,and.official al in the County and State last aforesaid this day of 1993. (Notary Seal) `` laLt� �Ci �sLC�i,LLLIZ °�"' w'• ROSE MARIE 1.AMAINNA =.: W COMM &SM # CC 184157 SPIRES NOt 7ij77 776X7 9Q B6N =1 FAIN INEURANEE, INC. CITY OF BOYNTON BEACH, FL WITNES'S' Mayor j ATTEST: C` y Clerk (Corp. seal) r Page 72 of 441 STATE OF Florida j COUNTY OF Palm Beach ) T HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowled d emeI personally appeared E. F. #� Mayor anc<ruie Tom, /6uU0Z1, City Clerk well kno to me to be the Maydr and City Clerk respectively of the City named in the foregoing agreement and that they, severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WHEREAS my hand and official seal in the County and State last aforesaid this 15, day of L� 1993. (Notary Seal) Notary Public My Commissiq'w":';�Xpires_- -: r cer�r,��s�!o:v ., cc 1&5&83 EkPIP,Fg Am! 17, ?9se TF.;,Y FAIN INSURANCE, INC, Page 73 of 441 PROCEDURE FOR AUDIT OF RATE CHARGE The Boynton Beach charge to Royal Manor Mobile Home Estates, Inc. will be in three parts, namely, Pumping,. Treatment, and Capital costs which will be used in computing the total charge based upon the amount (in thousands of gallons) used: per month. The meter will be read on the last working day of each month and the cost per thousand gallons used, computed and forwarded to Royal Manor, Inc. Payment will be due and payable within ten (1,0) days from receipt. This bill will show the beginning meter read and the ending meter read. ` The cost for the fiscal year (October 1 to September 30) per thousand gallons will be based upon the following three parts: .1. The Boynton Beach Utilities Dept operating budget is the source of the following calculated items. Section A Estimated Expenditures for 1991-92 Sewage Pumping Division $1,227,083 Renewal and replacement costs - lift stations $578;690 TOTAL COST: $1,605,773 Boynton's flows to sewage treatment plant - First Half AVERAGE DAILY FLOW RATIO '91-92/'90-91 7.2265 0.9965696124 10/91-3/92 185.15 192.61 227.97 237.03 232.8 242.36 1317.92 MG 7.2017 Page 74 of 441 Days 10/90-3/91 October 31 203.13 November 30 203.1 December 31 213.52 January 31 247.52 February 28 205.01 March 31 242.95 TOTAL 182 183 1315.23 MG AVERAGE DAILY FLOW RATIO '91-92/'90-91 7.2265 0.9965696124 10/91-3/92 185.15 192.61 227.97 237.03 232.8 242.36 1317.92 MG 7.2017 Page 74 of 441 ACTUAL FLOWS - SECOND HALF '90-91 April 221.69 May 209.53 June 204.37 July 181.43 August 174.58 September 174.94 TOTAL 1166.54 x 0:996569612 = 1162.538 MG COST/1000 GALLON CALCULATION TOTAL PROJECTED FLOW = 1317.92MG + 1162.54MG = 2,480,458.32 1000 GALLONS COSTS DIVIDED BY FLOW = "A" = $0.7280 11000 GALLONS Section B ADMINISTRATION The following calculation represents the direct administrative costs of the Utility system that are related to sewage pumping: DIVISION ESTIMATED EXPENDITURE 1991-'92 WATER DISTRIBUTION $847,597 WATERTREATMENT $2,211,179 SEWAGE COLLECTION $666,278 SEWAGE TREATMENT $1,839;538 LAB SERVICES $184,137 UTILITY PUMPING STATIONS $1;390,900 UTILITY CONSTRUCTION $110,772 ADMINISTRATION $92.1,011 GENERAL ADMINISTRATION $1,753,376 DEBT SERVICE $5,938,277 NON -DEPARTMENTAL $3,289,872 TOTAL $19,152,937 SEWAGE PUMPING STATION COSTS= $1,805,773 Page 75 of 441 .r__ :�_:T _� DIVIDED BY TOTAL BUDGET YIELDS. $19,152,937 PERCENT OF ADMIN. DEVOTED -TO SEWAGE PUMPING 9.4282% _ADJUSTMENT: SUBTRACT $ 98,9W CONTRACTUAL EXPENSE FROM ADMIN. DIVISION, YIELDS NET ADMIN. EXPENSE OF: $822,045 PERCENT X COSTS $77, 504 COST11000 GALLONS= Ba $0.0312 Section C GENERAL ADM INISTRATION The City's General Administrative costs of the Utility system that is related to sewage pumping: ANNUAL ESTIMATED EXPENDITURE _ i $1,753,378 MULTIPLIED BY % SEWAGE PUMPING X 9.4282% •_PORTION OF GEN. ADMIN. ATTRIBUTABLE 'O SEWAGE PUMPING $155,311 MULTIPLY BY 25% ACCORDING TO AGREEMENT $41,328 COST PER 1000 GALLONS C= $0.0167 THE SUM OF SECTIONS A, B, AND C REPRESENTS THE TOTAL COST FOR PUMPIi�O TO BE CHARGED TO ROYAL MANOR DURING THE PERIOD OF TMS AQjREEMENT: A= $0.7280 B= $0.0312 C= $0.0187 $0.7759 Page 76 of 441 PART 11 7fhe South Central Regional Wastewater Treatment and Disposal Facility Board establishes the rate to )e charged for the processing of wastewater at that facility. This charge is a direct pass-through to „_3oyal Manor, Inc. by Boynton Beach, and iscalculated at the rate in place times the gallons of flow. As of October 1, 1992 the cost .for sewage treatment is $ 0.7056/thousand gallons. PART III The capital portion of the cost is based upon the total Capital Facilities Charges due for 437 mobile home units. Eased upon an initial down- payment of $43,227(25%), and a balance of $128,680 financed over a five- year period at an annual Percentage rate of 8.5%, the monthly capital payment is $ 2,660.60. Page 77 of 441 6.C. CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-081 - Approve the award of a Task Order to Kimley-Horn and Associates, Inc. for final design, permitting, bidding, and construction phase services for NW 11th Avenue (Model Block) with a not -to -exceed fee of $79,368. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope D as approved by the City Commission on July 1, 2014. EXPLANATION OF REQUEST: Kimley-Horn and Associates, Inc. (Kimley-Horn) was previously selected by Neighborhood Renaissance, Inc. and the Boynton Beach Community Redevelopment Agency (CRA) to develop plans for the Model Block project on NW 11th Avenue. In addition, Kimley-Horn was selected under the General Consulting Services Agreement (RFQ 017-2821-14/DJL) dated July 1, 2014. Kimley-Horn was awarded a Professional Services Agreement with Neighborhood Renaissance, Inc. to provide conceptual design, survey, and preparation of construction documents for NW 11th Avenue. In addition, Kimley-Horn was awarded a Professional Services Agreement with the Boynton Beach CRA to provide a lighting analysis and plans for NW 10th Avenue and NW 11th Avenue. Under this proposed Task Order, Kimley-Horn will complete the final design of the drainage system and water main, obtain the required permits for the project, assist the City with bidding, and provide construction phase services for NW 11th Avenue. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A one -block area encompassing NW 11 th Avenue, known as the Model Block, will be renovated in partnership with Neighborhood Renaissance, Inc., the Boynton Beach CRA, and Boynton Beach CDC. Both Neighborhood Renaissance and Boynton Beach CDC received Wells Fargo Urban Lift grants to assist in beautifying the streetscape and the building of new homes in the area adjacent to Poinciana Elementary School. As part of the beautification project, the underground utilities will be upgraded to provide service to the area. FISCAL IMPACT. Budgeted The total fee for the Task Order is $79,368. Tasks 1 through 3 (Final Design, Permitting, and Bid Phase Services) will be provided for a lump sum fee of $29,708. Task 4 (Construction Phase Services) will be provided on a time and material basis for a not to exceed fee of $49,660. This Task Order will be funded by Utilities, and funds are available in the Utilities R&R account 403-5000-533- 65.02. Project W TR054. ALTERNATIVES: Not approve the Task Order, thereby delaying the Model Block project on NW 11th Avenue. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 78 of 441 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Reviewer Assistant City Manager Groff, Colin Legal Swanson, Lynn Finance Howard, Tim City Manager Howard, Tim Description Resolution awarding Kimley Horn the Model Block Task Order Kimley Horn Proposal Action Date Approved 6/28/2016 - 4:54 PPA Approved 6/30/2016 - 10:53 AM Approved 6/30/2016 - 11:21 AM Approved 7/1/2016 - 7:40 AM Page 79 of 441 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 NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A TASK ORDER TO KIMLEY-HORN AND ASSOCIATES, INC., FOR FINAL DESIGN, PERMITTING, BIDDING AND CONSTRUCTION PHASE SERVICES FOR NW 11TH AVENUE (MODEL BLOCK) WITH A NOT -TO -EXCEED FEE OF $79,368.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Kimley-Horn and Associates, Inc., (Kimley-Horn), a company which falls under the General Consulting Services Agreement dated July 1, 2014 (RFQ 017-2821- 14/DJL), was previously selected by Neighborhood Renaissance, Inc, and the Boynton Beach Community Redevelopment Agency (CRA) to develop plans for the Model Block project on NW 11th Avenue; and WHEREAS, Kimley-Horn was awarded a Professional Services Agreement to provide conceptual design, survey and preparation of construction documents for NW 11th Avenue, along with a Professional Services Agreement to provide the CRA a lighting analysis and plans for NW 10th Avenue and NW 11th Avenue; and WHEREAS, under this proposed Task Order, Kimley-Horn will complete the final design of the drainage system and water main, obtain the required permits for the project, assist the City with bidding and provide construction phase services for NW 11th Avenue; and WHEREAS, staff is recommending that the City Commission approve the award of a Task Order to Kimley-Horn and Associates, Inc., for final design, permitting, bidding and construction phase services for NW 11th Avenue (Model Block) in an amount not to exceed $79,368.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\4F2063BA-A7C3-40B4-A342-B786EBA3CDAF\Boynton Beach. 3606.1. Ki mley_Horn_ Task_Order _(Model_Block)_Reso. doc Page 80 of 441 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does 33 hereby approve the award and authorize the City Manager to sign a Task Order to Kimley- 34 Horn and Associates, Inc., for final design, permitting, bidding and construction phase 35 services for NW 11th Avenue (Model Block) in an amount not to exceed $79,368.00, a copy of 36 which is attached hereto as Exhibit "A". 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\4F2063BA-A7C3-40B4-A342-B786EBA3CDAF\Boynton Beach. 3606.1. Ki mley_Horn_ Task_Order _(Model_Block)_Reso. doc Page 81 of 441 Kirruey,->> Horn It Christopher Roschek, P.E. City of Boynton Beach — Utilities Department 100 E Boynton Beach Boulevard PO Box 310 Boynton Beach, FL 33425 Re: Professional Services Agreement Dear Chris: Kimley- Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this agreement (the "Agreement") to the City of Boynton each ("the Client" or "City") to provide professional consulting services for the above -referenced project. We will provide these services under our contract for the General Consulting Services Agreement (RFQ 017-2821-14/DJL) dated July 1, 2014. Pursuant to our discussions, below is our scope of services and associated fees for providing final design, permitting, bid phase, and construction phase services for NIN 99th Avenue Reconstruction. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task I — Final Design Kimley-Horn will design a drainage system for the project. Our understanding is that there is no positive legal outfall for the site, so an exfiltration trench system will be designed. Kimley-Horn will employ a Geotechnical Engineer to perform a field permeability test to facilitate the design of the trench. Due to the City's desire to plant trees in the swale, the trench will likely be located beneath the pavement area of the roadway. Kimley-Horn will finalize the water main schematic design provided the City. Removal of the existing main will be specified. The proposed main will tie into existing water mains on NW 1st Street and Seacrest Boulevard. Plan and detail sheets will be provided, incorporating City standard details whenever possible. It is our understanding that the City will be responsible for and internally coordinate the connection tolreplacement of the existing sanitary sewer laterals and that the existing sanitary sewer main will remain. Any landscape and irrigation revisions that are required due to the addition of the drainage system and the water main will be completed. The drainage system and water main will be added to the Opinion of Probable Construction Cost. Kimley-Horn will prepare Technical Specifications to accompany the Construction Plans as well as "front-end" bid documents. Page 82 of 441 K Z! I v?)Horn Task 2 — Permitting Kimley-Horn will submit permit applications with supporting documentation to and/or coordinate improvements with the following jurisdictional regulatory agencies. Kimley-Horn will address up to two (2) rounds of reasonable review comments for the agency submittals identified below: * South Florida Water Management District — 10-2 General Permit for Stormwater System in Uplands for the drainage system * Florida Department of Health Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs for the water main * Palm Beach County — Right of Way Permit for work within County right-of-way * City of Boynton Beach — Up to one (1) e-mail containing the Construction Documents for preliminary review of work within City right-of-way * The School District of Palm Beach County — Up to one (1) e-mail to coordinate work on school property * Attend the Pre -Bid Meeting * Answer bidder questions, if required * Review the apparent low bidder's proposal and provide the City with a summary memorandum that identifies the lowest responsive, responsible bidder * Provide conformed documents It is understood that the City will prepare and distribute all addenda and administer the contractor procurement process. Task 4 — Construction Phase Services Consultant will Drovid ............... Pre-Con.struction Conference. Consultant will attend a Pre -Construction Conference prior to commencement of Work at the Site. Progress Meetings. Consultant will attend up to twelve (12) project progress meetings during tht course of the construction dura#i. Visits to Site and Observation of Constniction. Consultant will provide on-site construction observation services during the construction phase. Consultant will visit the site up to 24 times in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of ,veneral observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Page 83 of 441 Ki m ley,,,,)) Horn Page 3 The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractors work, nor shall KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither to furnish and perform its work in accordance with the Contract Documents. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations Consultant believes that s generally to Contract Documents. Cladfications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any *rders authorizing variations from the Contract Documents will be made by Client. Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, bu'-i only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Inspections and Tests. Consultant may require special inspections or tests of Contractors work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consultant's review of such certificates will be for the purpose of determining Page 84 of 441 9 J1. I Kimiey,,�>>Horn Page 4 that the results certified indicate compliance with the Contract Documents and will not constitute an ixieA,e**e*t ev?.ILj2,ti,#*j tX,?t tke c*Atext *"intee0ures *f svcX iAs�trerzti*As, testsT*,'—?,A�Xr*VaIs c*,-A,*,Iy with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests and the facts being certified. Applications for Payment Consultant will review up to six payment applications during the course of the project. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will determine the amounts that Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, H rrer4 classix-OlLi'virs of Contractors work, based on observations and measurements of quantities provided with pay requests. M Teernet to -nave represented Mat its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete, Consultant will notify Client and Contractor. Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to .• upon which it is entitled to rely. Page 85 of 441 Em LiMitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. T11", Fill * Sanitary sewer design and permitting * Easement acquisition * Right-of-way acquisition Fkny services not specifically provided for in the above scope will be billed as additional services and performed at our then -current hourly rates. * CAD files for water main schematic design * Existing utility information * Record drawings * A sample ofCity ''front-end^bid documents inMicrosoft Word format * Administer the public bidding process * Sign permit applications * Pay permit fees * Provide access to the site We will provide our services as expeditiously as practicable with the goal of meeting a mutually -agreed upon schedule. Page 86 of 441 by the Client. This Scope of Services assumes all Tasks will be authorized concurrently. Task 1 Final Design Task 2 Permitting Total Lump Sum Fee in. 10111111111 . 111111 1 Pei Ili; 1 11 i:1 � Kimley-Horn will perform the services in Task 4 on a labor fee plus expense basis with the maximum labor fee of $49,660. Ar47=7 If you concur in the foregoing and wish to direct us to proceed with the aforementioned services, please have authorized persons execute this Agreement in the spaces provided below, retain one copy and return the other to us. All provisions are in accordance with the terms and conditions of the General Consultin,� Services &Freement,�RFQ 0 1 7-2821-14/DJ Q�, dated Ju ILYA 1 2014 and sotuQxw_,w, this agreement as applicable. Fees and times stated in this agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. mmlmmu= By: Kevin Sihanen, P.E. Vice President Bret 4111,06son, P. E. Project Manager I - 0 11111� i a 6 " 01, ONINN'01k) EWEN Om ilm m Page 87 of 441 Klmwy�P)Horn A MuniGipality M IM (Print or Type Name) MM , Witness ................................................ . .......................................... _a.___.,__.,_..._....._. (Print or Type Name) Page 88 of 441 Page 89 of 441 O O ss C 6. O pa (D to 0 0. C, I > c ID 76 > 0 a .0 a) > .0 W CD E r cl, 0) A.0 .0 C E 0 CD .0 0 > 0 E IL 6 (D _p �5 ..2 iYRr- E- t5 ca C Q 0 0 0 - O 2 0) cc ji Z6 '0 0 C� L w 00 0 . - C.� . LD . 0 E EtN9 to 2 c d) 40 0 C, ca Im �r_ 2 U) a) > 0 0 0 0 iz LL Page 89 of 441 6.D. CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-082 -Authorize the Mayor to sign a Utility Easement with Florida Power & Light (FPL) to enable installation of a new power supply line for the East Water Treatment Plant. EXPLANATION OF REQUEST. As a part of the ongoing East Water Treatment Plant Upgrade it is necessary to provide FPL with a 10 foot wide easement along the west fence line of the East Water Treatment Plant to a new electrical building that provides power to the southern end of the plant site. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provision of the easement will allow FPL to commence work on the installation of the new power supply line. No work will begin until the easement is granted. FISCAL IMPACT. Budgeted There is no cost to the city. ALTERNATIVES: The alternative is to supply power from the main switchgear at the northern end of the site at much greater cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution D Attachment D Attachment Description Resolution authorizing Utility Easement to FPL Easement Agreement Legal Description Page 90 of 441 REVIEWERS: Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Pyle, Judith Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager Howard, Tim Approved Date 6/28/2016 - 4:58 PPA 6/30/2016 - 1:36 PPA 6/30/2016 - 3:07 PPA 6/30/2016 - 3:37 PPA 6/30/2016 - 3:53 PPA 7/1/2016 - 7:34 AM Page 91 of 441 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 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A UTILITY EASEMENT TO FLORIDA POWER & LIGHT TO ENABLE INSTALLATION OF A NEW POWER SUPPLY LINE FOR THE EAST WATER TREATMENT PLANT; AUTHORIZING THE MAYOR TO SIGN THE UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the East Water Treatment Plant Upgrade, it is necessary to provide FPL with a ten (10) foot wide easement along the west fence line of the East Water Treatment Plant to a new electrical building that provides power to the southern end of the plant site; and WHEREAS, provision of the easement will allow FPL to commence work on the installation of the new power supply line which cannot begin until the easement is granted. 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 granting of a Utility Easement from the City of Boynton Beach to the Florida Power & Light to enable the installation of a new power supply line for the East Water Treatment Plant and authorizes the Mayor to sign the Utility Easement, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\2193374C-11A5-462C-8E4F-B2DEB27B576E\Boynton Beach. 3613.1. Utility_ Easement (FPL EWTP)_-_Reso.Doc Page 92 of 441 29 PASSED AND ADOPTED this day of , 2016. 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 59 .c CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\2193374C-11A5-462C-8E4F-B2DEB27B576E\Boynton Beach. 3613.1. Utility_ Easement (FPL EWTP)_-_Reso.Doc Page 93 of 441 Work Request No. 6770232 Sec.33, Twp 45 S, Rge 43 E Parcel 1. D.08-43-45-33-14-000- 0013 (Maintained by County Appraiser) EASEMENT (BUSINESS) This Instrument Prepared By Name: Co. Name: City Of Boynton Beach Address: 100 Boynton Beach Blvd Boynton Beach, FL 33425 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: City Of Boynton Beach (Witness' Signature) By: Print Name: Print Name: STATE OF before me Print Name: Print Address: (Witness' Signature) (Witness) AND COUNTY OF this day of , 20, by of personally known to me or has produced (Type of Identification) My Commission Expires: The foregoing instrument was acknowledged , the who is as identification, and who did (did not) take an oath. Notary Public, Signature Print Name Page 94 of 441 SKETCH OF DESCRIPTION THIS IS NOT A SURVEY NOT VALID WITHOUT ACCOMPANYING SHEET 2, 3 AND 4 0 w J p � Q O i � J 2� L tP� Q U �� Lu LL:3 L9 0 LS = WOOLBRIGHT ROAD r vi z D'w� SITE Q DESCRIPTION LOCATION MAP N.T.S. AN EASEMENT SITUATED IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF TRACTS 1 AND 2 OF THE PLAT OF THE SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EST, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SEAWAY VILLAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 38, PAGE 32 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARD AS SHOWN ION ROAD PLAT BOOK 5, PAGE 121 OF SAID PUBLIC RECORDS, SAID POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3859.83 FEET FROM WHICH A RADIAL LINE BEARS NORTH 74°15'24" WEST; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°54'24', A ARC DISTANCE OF 330.55 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°26'44", AN ARC DISTANCE OF 232.11 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARD, NORTH 10°27'17" EAST, A DISTANCE OF 222.32 FEET; THENCE NORTH 04°28'18" WEST, A DISTANCE OF 26.60 FEET; THENCE NORTH 85°31'42" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 04°28'18" EAST, A DISTANCE OF 27.91 FEET; THENCE SOUTH 10°27'17" WEST, A DISTANCE OF 67.13 FEET; THENCE SOUTH 09°19'18" WEST, A DISTANCE OF 372.94 FEET; THENCE SOUTH 24°30'09" EAST, llLsLRt' _LIH CONTINUED ON SHEET 2 EXHIBIT "A" SDATE H EN EO T 4 06-29-16 ©COP�GHT 2016 BY ENGENUm ORDUP� INC. THIS GRAVING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, UNLESS SIGNED AND SEALED BY A REGISTERED PROFESSIONAL SURVEYOR AND MAPPER REPRESENTING SCALE N/A CAD FILE 15055.01.01SK01.DNG PROJECT 15055.01 JOB NO. DRAWN KB l W55.OI ENGE+U" GROUP. Ha CHECKED K.BECK SKETCH AND DESCRIPTION FLORIDA POWER & LIGHT EASEMENT BOYNTON n�� BEACH WATER TREATMENT PLANT �r r ., �11xiI::r Ire, CITY OF BOYNTON BEACH, FLORIDA 1280 NORTH CONGRESS AVENUE. SUITE 1O. NEST PALM BEACH. FLORIDA 33109 PH %561JBSS-1151 • F gD��MN EI UI13fRR�IP•�(IM Y:\Land Projects R2\15055.01 Boynton Beach Ion Exchange & WrP\dwg\15055.01sk01.dwg 6/30/2016 10:27:11 AM EDT ! (Ji /�/� SKETCH OF DESCRIPTION THIS IS NOT A SURVEY NOT VALID WITHOUT ACCOMPANYING SHEET 1, 3 AND 4 DESCRIPTION CONTINUED A DISTANCE OF 4.03 FEET; THENCE SOUTH 88°25'28" EAST, A DISTANCE OF 71.47 FEET; THENCE SOUTH 01°34'32" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 88"25'28" WEST, A DISTANCE OF 87.45 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 6,151.86 SQUARE FEET OR 0.1412 ACRES, MORE OR LESS. 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY ENGENUITY GROUP, INC. 2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE. 3. THIS SKETCH IS NOT VALID WITHOUTH THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. BEARINGS SHOWN HERON ARE BASED ON A CALCULATED BEARING OF SOUTH 89°13'03" WEST ALONG THE NORTH LINE OF SEAWAY VILLAS, RECORDED IN PLAT BOOK 38, PAGE 32, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ALL OTHER BEARINGS ARE RELATIVE THERETO. LEGEND 0 CENTRAL (DELTA) ANGLE L ARC LENGTH ORB OFFICIAL RECORD BOOK PB PLAT BOOK PG(S) PAGE(S) POB POINT OF BEGINNING POC POINT OF COMMENCEMENT R RADIUS R/W RIGHT—OF—WAY EXHIBIT "A" S EN E O T If L 4 DATE 06-29-16 ©-GHT 20" 'y ENGEMIm GROUP- INC. THIS DRAWING IS PROVIDED FOR INFORMATIONAL SIGNEPURPD ES ONLY, UNLESS SIGNED AND SEALED BY A REGISTERED PROFESSIONAL SURVEYOR AND MAPPER REPRESENTING ENGENUITY GROUP, He SCALE N/A CAD FILE 15055.01.01SK01.DNG PROJECT 15055.01 JOB NO. l W55.01 DRAWN KB CHECKED K.BECK SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON COMPLIES WITH THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. KEVIN M. BECK, P.S.M. PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA LICENSE NO. 6168 STATE OF FLORIDA LB#6603 SKETCH AND DESCRIPTION FLORIDA POWER & LIGHT EASEMENT BOYNTON �� BEACH WATER TREATMENT PLANT �rr ina CITY OF BOYNTON BEACH, FLORIDA 1780 NORTH CONGRESS AVENUE, SUITE 1O, NEST PALM BEACH, FLORIDA 33109 PH %561JBSS-1151 • F �D� .Ey(FyIAT IPPON Y:\Land Projects R2\15055.01 Boynton Beach Ion Exchange & WrP\dwg\15055.01sk01.dwg 6/30/2016 10:27:11 AM EDT (Ji 2m EXHIBIT "A" SKETCH OF DESCRIPTION THIS IS NOT A SURVEY NOT VALID WITHOUT ACCOMPANYING SHEET 1, 2 AND 4 MATH I it,, 40' At *5,24"W I R p�qL S E N EO T q 3 4 DATE 06-29-16 SCALE 1"=60' CAD FILE 15055.01.01SK01M PROJECT 15055.01 �J/O�BGN�O. 15055.01 DRAWN KB CHECKED K.BECK E - SEE SHEET 4 N d N I PROPOSED EASEMENT AREA = 6,151.86 SQ.FT, J N 0.1412± ACRES N. n 00 I /n S24°30'09"E a0� 3 4.03' 1 I I00 cc Irn I � to I I 71.47' S88°25'28"E '28"W S01 °34'32"W N88'25 87.45' 10.00' �z II — 5.00' SIDEWALK EASMENT ORB 12105, PG 216 A PORTION OF TRACTS 1 AND 2 SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 1, PAGE 4 POC NW CORNER OF SEAWAY VILLAS PB 38, PG 32 N LINE OF SEAWAY VILLAS PB 38, PG 32 S88°13'03"W SEAWAY VILLAS PB 38, PG 32 GRAPHIC SCALE 0 60 90 120 SCALE: 1 "=60' ©ENUITY,HT GRCUP, INCBY SKETCH AND DESCRIPTION ENCENUItt CRWP, ITHIS DRANNG 15 PROVIDED FOR IN,�1A� PORP FLORIDA POWER & LIGHT EASEMENT BOYNTON AND enge SEALED BY A REGISTERED` PROFESSIONAL SURVEYM Aro BEACH WATER TREATMENT PLANT NAPPER REGRESENTNG N CITY OF BOYNTON BEACH, FLORIDA 1. NORTH calmEss AVENUE, SUITE 101, NEST PALM BEACH, FLDRIDA 33108 ENGENUItt GROUP, INC. WP PH (55155-1151 • F P Y:\Land Projects R2\15055.01 Boynton Beach Ion Exchange & WTP\dwg\15055.01 sk01.dwg 6/30/2016 10:27:11 AM EDT rage tit UI ` -4 1 EXHIBIT "A" SKETCH OF DESCRIPTION THIS IS NOT A SURVEY NOT VALID WITHOUT ACCOMPANYING SHEET 1, 2 AND 4 S E N SCALE EO T A 4 DATE 06-29-16 1'=60' CAD FILE 15055.01.01SK01.DWG PROJECT 15055.01 JOB NO. J-5M.O1 DRAWN KB CHECKED K.BECK 40' I �— 5.00' SIDEWALK EASMENT ORB 12105, PC 216 I GRAPHIC SCALE I0 60 90 120 I I N85'31'42"E SCALE:1 "=60' 00 o I 10.00' I0010 NCO N I C0 f- SO4'28'18"E I Z 27.91' I� 3 II IN f, I O LL1 PROPOSED EASEMENT 04 II I AREA = 6,151.86 SQ.FT. I N N 0.1412± ACRES N I O N II Z I A PORTION OF TRACTS 1 AND 2 SUBDIVISION OF SECTION I rn 33, TOWNSHIP 45 NSOUTH, I� RANGE 43 EAST, d PLAT BOOK 1, PAGE 4 00 (0 I00 CS4 ad IN N II �► �� IC) �I I� MATCH LINE --SEE SHEET 3 QENUITY,HT GROUP, INCBY SKETCH AND DESCRIPTION ENCENUItt GROUP, ITHIS GRAMS 15 PROVIDED FOR �,�NLESS s FLORIDA POWER & LIGHT EASEMENT BOYNTON en��e SEALED BY A REGISTERED ` PROCEmauL SURVEYM Aro BEACH WATER TREATMENT PLANT � `� NAPPER REGROUP. IN CITY OF BOYNTON BEACH, FLORIDA 1280 NORTH CONGRESS AVENUE, SUITE 101, WEST PALM BEACH, FLORIDA 33108 ENGENUItt GRWP, INC. PH (55155-1151 • F P Y:\Land Projects R2\15055.01 Boynton Beach Ion Exchange & WTP\dwg\15055.01sk01.dwg 6/30/2016 10:27:11 AM EDT rage 90 UI -4-4 1 6.E. CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Approve a $500 donation from the Law Enforcement Trust Fund to the Florida Missing Children's Day Foundation. EXPLANATION OF REQUEST. Each year more than 40,000 children in Florida are reported missing and abducted, many of whom have not returned home to their loved ones, and others we know may never return. On Monday, September 12, 2016, the Florida Missing Children's Day Foundation, Inc. (FMCDF) in support of the Florida Department of Law Enforcement (FDLE) will host the Florida's Missing Children's Day. This is a day about recognition, remembrance and inspiration and will take place at the Capitol in Tallahassee. The purpose of the donation is to financially assist with this event and support the continued effort to provide education and awareness of issues surrounding missing and endangered persons. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This donation will aid in our department's continued effort to build public-private partnerships, gain the public's trust, and provide effective, efficient and impartial services to the community. FISCAL IMPACT. Non -budgeted This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $52,962.70. This is a one-time donation expense. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 99 of 441 Type D Memo D Letter REVIEWERS: Department Police Finance Legal City Manager Reviewer Katz, Jeff Howard, Tim Swanson, Lynn Howard, Tim Description memo to City Manager request Letter Action Approved Approved Approved Approved Date 6/17/2016 - 12:11 PPA 6/27/2016 - 7:58 ANA 6/27/2016 - 9:03 ANA 6/30/2016 - 12:29 PPA Page 100 of 441 Lori LaVerriere TO: City Manager REF. Florida Missing Children's Day Jeffrey S. Katz FROM: Claicfcaf Police DATE: Junin 14, 2016 Florida statute 932.7055 (5)(a) mandates the following regarding federal forfeiture funds - If the unds: Ifthe seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the beard of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet nonoral operating expenses of the law enforcement agency. Recommend Commission approval of a $500.00 donation to the Florida Missing Children's Day Foundation. Each year more than 40,000 children in Florida are reported missing and abducted, many of whom have not returned home to their loved ones, and others we know may never return. On Monday, September 12, 2016, the Florida Missing Children's Day Foundation, Inc. (FMCDF) in support of the Florida Department of Law Enforcement (FDLE) will host the Florida's Missing Children's Day. This is a day about recopition, remembrance and inspiration and will take place at the Capitol in Tallahassee. The purpose of the donation is to financially assist with this event and support the continued effort to provide education and awareness of issues surrounding missing and endangered persons. This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $52,962.70. This is a one-time donation expense. I certify this use of funds comports with the statutory requirements. Page 101 of 441 Jeffrey S. Katz Chief ofPolice Boynton Beach Police Department 1OOEBoynton Beach Boulevard Boynton Beach, Florida 33435-3838 Dear Chief Katz, UMMANw~ Eech year more than '0,U00 children in Florida are reported missing and abducted— many ofwhom haver�returned home to their loved onea, and others we know may never return. The Board of Directors of the Florida Missing Children's Foundation, Inc, �cA Persons Advisory Board. would like to bake this opportunity to ask for your help in making the 2016 Florida«eang d� Missing�� Children's Day asuccess. The event is scheduled for Monday, September 12,2016 at the Capitol in Tallahassee, Florida's Missing Children's Day is aday about opcuQnition, remembrance and inspiration. Our state government and law enforcement |eoders, victim famUiee, school children and members of the public o||- mibe in paying tribute to these children during amost touching ceremony otour Capitol. The occasion is used to salute F|oridaoaheroes, some of which include: exceptional first responders and law enforcement members who work these cases; individuals who have made a difference through their words and actioma, often without regard for 8remoe|veo, to protect o child- those who bring child predators to justice, and most heartwarming of all, children who acted heroically in the face ofbeimg abducted. We champion these he—~ee a'' d are honored bytheir presence, The event also adds anetwork nfsupport bothe victim families aathey are able to ""hare their stories ofheartbreak and hope with others going through similar circumstances. The purpose of the Foundation is to financially assist with this annual event through the generous domabmme of law enforcement, individuals and businesses. The Foundation is a statutorily created direct -support organization for FDLE and ioanon-pnz�fit5U1(o)(3)organization, Your support of this critical event will help Florida continue our efforts in the education and awareness ofissues surrounding missing and endangered persons, We hope you will join other law enforcement agencies throughout the state to become a sponsor for the 2016 event if you haven't already planned your sponsorship for this year. Please complete the enclosed sponsorship form and remit with your check payable tothe Florida Missing Children's Day Foundation. Email uoa\ if you need any addhiona|information from the FkACDFoundadon. Please visit our usom Fecebomhwebsite ww,,w fm c,df_ ),rg or view a short video of highlights from the 2015 FMCD Formal Ceremony at Without the generosity of our aponsors, we vvoub} be unable to provide the aauia&snoe needed for this unique ceremony. tNeare grateful and most appreciative ofyour support. Thank you. Sincerely, 'n fin John Pitta President JP:cef P./IBox z582ZTallahassee, /L 3231;7- Phone: (850)270-35f5 -Email: Focebook: Page 102 of 441 6.F CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $293,496.35 plus an estimated $1,000 for small balances less than $25. This amount reflects unpaid Utility and Solid Waste billings that have been in collections for 18 months or longer. The period is defined as January 2013 through June 2014. EXPLANATION OF REQUEST: This action should be done on an annual basis for proper finance and accounting. The $293,496.35 involves 1,023 customer accounts closed from January 2013 through June 2014, and small balance accounts less than $25 October 2014 through December 2015. The amount reflects an average of $300/account. The write-off is a financial process and does not erase the debt from an individual or a property. The City, during account transitions, collects any written -off debt that is possible, whether it is a property transaction with owner debt; or, if a "tenant" attempts to open a utility account with the city, past debt is presented for payment/collection before a new account can be established. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from rentals, foreclosures, walk-away/abandon and bankruptcy, and the customers have moved from the area. Staff and the collection agency have collected a total of $109,586.27 on these accounts. The City is required to establish an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables both in utility and sanitation funds. By establishing that allowance annually this write-off request will have no impact on the City's financial statements. It is prudent of 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 on older accounts. During the period of January 2013 to June 2014, the City billed approximately $74.5 million in charges for Utility and Solid Waste fees. The amount being requested to be written off comprises, just over .0039 percent (.39%) of the total amount billed during that period for water, sewer, storm water and refuse. Attached is a schedule of amounts per service type to be written off, a computer generated report will be available once the system actually writes off the accounts. Action Date Recent Historical Write -Offs Amount Percent of Revenue FY 05-06 $34,337.02 0.22% FY 05-06 $63,461.75 0.40% FY 06-07 $56,0009.02 0.34% FY 07-08 $55,174.83 0.17% FY 08-09 $102,371.03 0.26% FY 11-12 $755,213.93 0.67% FY 13-14 $319.917.85" 0.52% HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None Page 103 of 441 FISCAL IMPACT. Budgeted There are no fiscal impacts since this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements and it is just over .39% of the total revenues billed for the period. ALTERNATIVES: Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance of Uncollectible Accounts. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment write-off breakdown D Attachment sample property transition collectible balance notification D Attachment sample property transition collectible balance with writeoff notification REVIEWERS: Department Reviewer Action Date Assistant City Manager Groff, Colin Approved 6/28/2016 - 5:17 PPA Assistant City Manager Groff, Colin Approved 6/28/2016 - 5:17 PPA Finance Howard, Tim Approved 6/29/2016 - 12:59 PPA Legal Pyle, Judith Approved 6/30/2016 - 10:15 AM City Manager Howard, Tim Approved 7/1/2016 - 7:40 AM Page 104 of 441 Page 105 of 441 w IWO ro LU 00 Ll a� pi ,0 .,. 4 14 kD m L tn N Y ry V� N Lq ae 14 �� S U ko C to v Ln N 11 m 11 fo p InM W fl LIV :3 0to � �d 0 b, :4 un� 00 cm3 rb V NW U, UeLD w w w �3 A Ul Page 105 of 441 m S 3 o d Ln N o m A w O m %/� 1.0v 1^ A^ V� V� V� V� N W V r 4p F N O cn m m w W 10 V� N U� G5 W A m V w N A �O N V d 0 0 0 0 0 0 WN � M `-4 § V Page 106 of 441 (Amm0m m m m m n m n m n m „ m m R K N pSj N O N �fi m rrto n m r�—r n ri m m 3 m da rt N 0 p CC 3 m rD 7 �i NN C .r m A m W r Alyn r it A cn :n In In V Opp V IA O V LO p O Fool 00 p14 In pVp pVppp oO N N W V W O1 O Qwt bW+ CA i/F i!F to W 0 N N N A T A M Ln( lJ1 01D I s LO m S 3 o d Ln N o m A w O m %/� 1.0v 1^ A^ V� V� V� V� N W V r 4p F N O cn m m w W 10 V� N U� G5 W A m V w N A �O N V d 0 0 0 0 0 0 WN � M `-4 § V Page 106 of 441 .............. ................. "'_ .......... ...... ..... From: Kellner, Patricia Sent: Thursday, June 16, 2016 8:11 AM To: results@onesteplien.com Cc: Conboy, Barb Subject: FW: One -Step Lien Search - UT Search Request File #: R16048983 - 23 GLENS Drive West Attachments: 239884-ut-5481935-rqa-boyntonbeachutveri-636016056049582418.pdf, ledger.pdf Location Address 23 GLENS DR W Municipality BOYNTON EACH Parcel Control Number 08-42-46-01-18-000-1423 Subdivision GLENS WEST AT HUNTERS RUN & GL DECL FILED 1-4-96 Below is the PAPA information on the above mentioned property MAY -2016 $46,200 28271 / 0733 t CERT OF TITLE FEDERAL NATIONAL MRTG ASSN MAY -2010 $10 23872/1392 V WARRANTY DEED GO OFF MARK & JAN -2005 $10 18339/1731 WARRANTY DEED GO OFF MARK & MAR -2004 $275,000 16742/0425 WARRANTY DEED GOROFF MARK & MAY -1998 $100 10772/0825 WARRANTY DEED AXELROD TX1AHRY TR Below are the responsible parties for the property. Written off balances are still an owner collectible debt. GOROFF, MARKI�� + �L'AXELROD, A BERNARD billing(recognized owners). I cannot address any other liens on this property. **NOTE** Active accounts (A) with or without a balance are subject to change upon new billing cycles and or late fees, payments, etc. From: results(donesteplien.com mailto:results . oneste lien.com 0 D Sent: Wednesday, June 15, 2016 4:40 PM To: Kellner, Patricia Cc: COMPLETEDOM.ONESTEPLIEWCOM Subject: One -Step rch RequestR16048983 , 23 GLENS Drive West Page 107 of 441 Search performed by onesteplfen of One -Step Lien Search on Wed Jun 16 13:39:49 PDT 2016 Tracking Number. 1225252 UTILITY 9 of 1 Utilities Customer Number: 173553 City: Zip Code: Kki P. -N Delinquent Amount: $0.00 Current Amount: $1,158.26 Customer Status: VACATION Conduit reports may not reflect outstanding balances owed to the City due to mite -offs or other internal account adjustments. Please note, written off balances or other debt incurred by a property owner must be paid prior to the initiation of new utility service at a property. In order to obtain accurate account information, please contact the Utilities Department at the City of Boynton Beach, 561-742-6300 to request written verification of the utility debt owed to the City. MM" Number Type City of Boynton Beach Balance, DeIin Interest In Real Property Customer Type This document constructive1 .e of the 07123120115 $10.00 City of Boynton Beach's interest in the real property identified bel 58.26 PCN : 08424601180001423 173553 EC-IBILL Property Search performed by onesteplfen of One -Step Lien Search on Wed Jun 16 13:39:49 PDT 2016 Tracking Number. 1225252 UTILITY 9 of 1 Utilities Customer Number: 173553 City: Zip Code: Kki P. -N Delinquent Amount: $0.00 Current Amount: $1,158.26 Customer Status: VACATION Conduit reports may not reflect outstanding balances owed to the City due to mite -offs or other internal account adjustments. Please note, written off balances or other debt incurred by a property owner must be paid prior to the initiation of new utility service at a property. In order to obtain accurate account information, please contact the Utilities Department at the City of Boynton Beach, 561-742-6300 to request written verification of the utility debt owed to the City. MM" Number Type late ortrrt Balance, DeIin Customer Type 173553 LF- J 07123120115 $10.00 $669.50 $0.00 58.26 �� F....... 173553 EC-IBILL Ildt2212C195 $5"Y.35 $720.55 $0.00 7Cunrent 513.26.. 173553 LF J 08121120115 $10.00 $0x08,15 $0.00 58.26......�...a�» .� 173553 EC -DILL 07/2312015 $51.35 $659.50 $0.00 $1,158.6 �""�*�"•�•'*�"� 173553 EC -MILL 051211"2015 '$51.35 $598,15 $0.001 '$1:158.26 ."..°.°.**.••.. 173553 EC-EId_fi, 09/22J2015 $S'L35 $546.817 $0.010 $1,153.26 **•�,m�«�»��«�.�� 173553 LF - J 09123/2015 $10.80 $495.45 $0#017 $1,156.26 �" *•" "•* **�"�*�" 173&53 LF-ADJ 11120121115 111.tIC1 $369.74 $0.00 $'1«158.26 «°"*»� **•"� **** 173553 EC -GILL 11111912016 $53.29 $423.03 $01.0109 $1,158.26 173 553 LF - J 10122120}15 $10.00 $485.45 $0.00 $1,168.26 ------------- - *- .-173553 173653EC MLL 1012212015$475,45-___ r' '$52.42$0.00 -- '$1.1517.26 .x.M«..«��;�� 173553 LF J 1211812015 $10.00 $359.74 $0.001 $1,158.26 ��***$��•� *�� 173553 EC -SILL 1212112015 $53.29 $349.74 $07,010 $1,168.26 ..... 173553 EL, -BILL 03122120 16 $53.29 $169.87 $0.001 173553 LF J 0212312016 $10.00 $179.87 $0.00 $1,158.26 $°.............. 173553 EC -BILL 0212212016 $53.29 $233.16 $0.00 $1,155.25 ....w}.,�� 173553 EC -BILL 0112112016 '$53.29 $2¢36.45 $07.00 $1,158.28 •��**"•�«�*�,* � 173553 LG J 01121120/8 $10.00 $296.45 $0.00 $1,158.26 °��••�•*��•�»*•*• 173553 LF - J 0I3141016 $10.00 $116.58 $0.00 $9,158.26 173553 FI-ADJ 03410712016 -$101.00 $106.58 $03.03D $1,158.26 ......*° , °•�° 173553 LF DJ 0511912016 $10.00 $63.29 $0.010 $1,158.26 d"" 173553 EC -BR -L 041202016 $53.29 $116.58 $0.00 $1,158.2 "173553 E ILL 051'201120'165 $53.29 $53.29 $0. $1,158.26 Is report prepared and delivered via Condufts-, a service from Net Assets Corporation Page 108 of 441 h - City of Boynton Beach Interest In Real Property This r document serves as constructive notice of the City of :. the real property PCN :08434507210161633 Property Address: 1633 MEADOWS Search performed by Made hemsath of First Priority Title Company on r 06:47:05 PDT 2016 Tracking Number: 1217585 Utilities Customer Number: 266755 City: BOYNTON BEACH Zip Code: 33436 Delinquent Amount: $0.00 Current Amount: $57.97 Customer Status: ACTIVE Conduit reports may not reflect outstanding balances owed to the City due to write-offs or other internal account adjustments. Please note, written off balances or other debt incurred by a property owner must be paid prior to the initiation of new utility service at a property. In order to obtain accurate account information, please contact the Utilities Department at the City of Boynton Beach, 561-742-6300 to request written verification of the utility debt owed to the City. UTILITY 2 of 2 Utilities Customer Number: 255795 City: BOYNTON BEACH Zip Code: 33436 Delinquent Amount: $190.72 Current Amount: $0.00 Customer Status: COLLECTION Conduit reports may not reflect outstanding balances owed to the City due to write-offs or other internal account adjustments. Please note, written off balances or other debt incurred by a property owner must be paid prior to the initiation of new utility service at a property. In order to obtain accurate account information, please contact the Utilities Department at the City of Boynton Beach, 561-742-6300 to request written verification of the utility debt owed to the City. Utilitv Historv: Number Type Date Amount7 Balance MOM Cu nt Cus mmmmer Type 266755 IN -IS T 619/0&2 15 '$54.76 0.00 $57.197 ...... 266755 BC -BILL C66t1262Ct15 $56.62 $Ci.496 $57.97 "........*"***' 2136755 IIV P IT I97it 0312 15 -$ 6.ts2 0? 00 $57.97 .............., 266755 BD -BILL 0711712015 $54.76 $57.97 $b9. 57.97 � ��* � � ........ 266755 B BILL 06/1412015 $54.76 $3.19 $0.00 $57.97 ..... ............ 266755 L5-ADJ 0&1912015 $10.00 -$51.59 $0.00 $57.97 ..................«� 266755 IBJ -PMT 196/2°112015 ..$119.56 -$61.59 $0.00 $57.97 .�.....,�.......... 266755 613 -BILL 09/15f2015 $54.78 $57.97 $0.00 $57,97 ®..........«.. ... 266755 IN -PMT 10112r2015 -$54.76 $3.19 $0.00 $57.97 µ..................... 269755 EID-BILL 10/1512016 $59.56 $57,97 $13.00 $57.97 ..��.......�......� 266755 810 -,BILL 1111312015 $57.97 $57.97 1 $09.00 $57.97 ***��¢�..........,. This report prepared and delivered via Conduits I'M, a service from Net Assets Corporation I Page 109 of 441 this is a confidential C JUN -2015 Kellner, Patricia 27577 / 0295 T CLAIM Friday, May 27, 2016 9:49 AM MAY -2008 Marie@firstprioritytitleco.com Cc: Conboy, Barb MAR -2007 FW: Boynton Water 1633 Meadows Circle. 21573 / 1436 CERT OF TITLE display_pdf.pdf; ledger.pdf this is a confidential C JUN -2015 $10 27577 / 0295 T CLAIM DONALD ROSS MAY -2008 $52,500 22799/1785 WARRANTY DEED WELSH DONALD R RE V LIVING TRUST MAR -2007 $100 21573 / 1436 CERT OF TITLE BANK OF NEW YORK TRUSTEE SEP -2005 $138,900 19252/0478 WARRAN'TYDEED WILLIAMS TYRONE L Below are the responsible parties for the property. Written off balances are still an owner collectible debt. **NOTE** Active accents (A) Frith or without a balance are subject to change upon neer billing cycles and or late fees, payments, etc. Page 110 of 441 OVCEN, BRETT SIX NMI RODRIGUEZ, LILLIAN ■ �' ,# ,�` sTAmm, cxrHERINE' DONALD( ! R REGAN,KAREN � COUNTRYWIDE HOME LOANSi' 'SERVICES, MEGA REAL EsTxrI tBEAL, WANDA i WILLIAMS, TYRONE I 1 MEADOWS ON THE GREEN ASST i SMART, VICTOREEN I **NOTE** Active accents (A) Frith or without a balance are subject to change upon neer billing cycles and or late fees, payments, etc. Page 110 of 441 6.G. CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ending May 31, 2016. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the eight (8) month period ended May 31, 2016 (67% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $9.5M surplus for the period ending May 31, 2016. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $60.1 M or 78% of our total $76.5M General Fund budget estimate for FY 2015-16. Transfers from other funds (non -revenues) provide $16.4M or 22% of the total funding sources to balance our $76.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 29AM — Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 30.7M —All other revenues plus General Fund Balance 3.-22% - $ 16.4M — Transfers from other funds Page 111 of 441 FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 76,518 $ 63,325 83% $ 73,794 $ 61,147 83% 3.7% 3.6% &Transfers Expenditures $(76,518) $(53,743) 70% $(73,794) $(49,469) 67% 3.7% 8.6% Excess (Deficit) $ - $ 9,582 $- $ 11,678 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $9.5M surplus for the period ending May 31, 2016. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $60.1 M or 78% of our total $76.5M General Fund budget estimate for FY 2015-16. Transfers from other funds (non -revenues) provide $16.4M or 22% of the total funding sources to balance our $76.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 29AM — Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 30.7M —All other revenues plus General Fund Balance 3.-22% - $ 16.4M — Transfers from other funds Page 111 of 441 100% - $ 76.5M - Total funding sources The property tax rate for FY 2015-16 is 7.9000 mills, no change from the prior year; the net property taxes of $29AM in FY 2015-16 represent an 8.6% increase in property tax revenue or an increase of $2.3M from FY 2014-15. To balance the budget in FY 2015-16, it required transfers from other funds of $16.4M representing 22% of all funding sources. Actual Funding Sources Realized: At the end of the eighth month in FY 2015-16, revenues and transfers realized are approximately $63.3M of the budget estimate compared to $61.1 M realized to date in FY 2014-15. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $28.6M as compared to $25.9M for FY 2014-15, as noted on Exhibit A. Other Revenues: The five major revenue sources other than property taxes: 1. Franchise Fees realized was $3.1 M or 64% actually collected compared to $3. OM or 69% in FY 2014-15. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2015-16, approximately $1.56M or 101 % has been collected compared to the FY 2014-15 amount of $1.5M or 89%. 3. State Shared revenues of $5.5M or 67% have been collected in FY2015-16 as compared to $5.2M or 68% received in FY 2014-15. 4. Public Safety revenues at this point collected are $4.2M or 87% received compared to $4.4M or 101 % for FY 2014-15. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $5.4M or 98% have been collected compared to $5.3M or 97% in FY 2014-15. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Note: if a surplus will be realized in FY2015-16 the Fund Balance transfer amounts will not be required. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 3.7% from $73.8M to $76.5M. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the eight month period ending April 30 (67% of the fiscal year) are $53.7M which is 70% of the $76.5M expenditure appropriation for FY 2015-16. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $53.7M or 70% of the FY 2015-16 budget. At this point in the fiscal year, FY2015-16 spending levels are $4.3M ahead of the $49AM or 67% expended in FY 2014-15 for this same period. UTILITY FUND The FY 2015-16 annual expenditure budget of $42.2M represents a $1.9M increase from the FY 2014-15 budget of $40.3M. The operational forecast reflects a decrease of an estimated $56K to the fund balance for FY 2015-16. FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Actual to Date Actual to Date Budget Actual Page 112 of 441 For the eight month period in FY 2015-16, • Revenues realized are $29.8M (71 %) of the annual budget estimate. • Expenditures incurred are $26.9M (64%) of the annual appropriated budget. This resulted revenues in excess of expenditures in yielding a surplus of approximately $2.8M. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $29.8M in FY 2015-16 actual revenues and fund balance reflect a slight decrease compared to the $29.2M in FY 2014-15, because of the following factors: • Water Sales - $13.97M equivalent to 72% of the annual estimate, compared to $13.54M or 74% at this point in FY 2014-15. • Water Service Charge - $562K equivalent to 75% of the annual estimate, compared to $607K or 121 % at this point in FY 2014-15. • Sewer Service - $12.5M equivalent to 70% of the annual estimate, compared to $12.1 M or 70% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $26.9M or 64% of the annual appropriation compared to expenditures of $25AM or 63% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 113 of 441 Annual Annual Budget Amount % Budget Amount % % % Revenues $ 42,218 $ 29,821 71% $ 40,341 $ 29,202 72% 4.7% 2.1% &Transfers Expenditures $(42,218) $(26,950) 64% $(40,341) $(25,442) 63% 4.7% 5.9% Excess (Deficit) $ - $ 2,871 $ - $ 3,760 For the eight month period in FY 2015-16, • Revenues realized are $29.8M (71 %) of the annual budget estimate. • Expenditures incurred are $26.9M (64%) of the annual appropriated budget. This resulted revenues in excess of expenditures in yielding a surplus of approximately $2.8M. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $29.8M in FY 2015-16 actual revenues and fund balance reflect a slight decrease compared to the $29.2M in FY 2014-15, because of the following factors: • Water Sales - $13.97M equivalent to 72% of the annual estimate, compared to $13.54M or 74% at this point in FY 2014-15. • Water Service Charge - $562K equivalent to 75% of the annual estimate, compared to $607K or 121 % at this point in FY 2014-15. • Sewer Service - $12.5M equivalent to 70% of the annual estimate, compared to $12.1 M or 70% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $26.9M or 64% of the annual appropriation compared to expenditures of $25AM or 63% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 113 of 441 Type D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Finance Finance City Manager Description FY2015-16 GF Revenues thru May 31, 2016 FY2015-16 GF Expenses thru May 31, 2016 FY2015-16 OF Revenues thru May 31, 2016 FY2015-16 OF Expenses thru May 31, 2016 Reviewer Action Howard, Tim Approved Howard, Tim Approved Howard, Tim Approved Date 6/28/2016 - 9:19 ANA 6/28/2016 - 9:19 ANA 6/30/2016 - 12:30 PPA Page 114 of 441 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31, 2016 (67% of Fiscal Year) $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2014-15 Actual Cumulative 2015-16 Actual -2015-16 Budget S FinanceTinancial Rep orts\Monthly Financial Rep orts\FY2015-2016\Budget Review-GF-thm May 16 Surmnarized001 Revenue Summary Revised Page 115,of 441 REVENUE FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED $ 35,437,711 REALIZED $ 34,592,038 REALIZED 98% APPROVED $ 32,304,232 REALIZED 31,163,487 REALIZED 96% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 5,985,241 (5,985,241) 100% 5,186,878 (5,186,878) 100% NET TAXES TO THE CITY 29,452,470 28,606,797 97% 27,117,354 25,976,609 96% LICENSES AND PERMITS BUSINESS TAXES 1,545,000 1,567,024 101% 1,690,000 1,505,590 89% BUILDING PERMITS 2,154,000 1,531,441 71% 2,415,000 1,545,209 64% FRANCHISE FEES 4,830,000 3,105,761 64% 4,420,000 3,056,735 69% OTHR LICENSES, FEES & PER 180,000 208,846 116% 170,000 175,787 103% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 130,000 25,811 20% 55,000 46,090 84% STATE SHARED REVENUES 8,239,000 5,513,169 67% 7,724,000 5,242,273 68% SHRD REV FROM OTHR LCL 395,000 109,844 28% 440,000 234,488 53% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 120,133 99% 104,000 121,647 117% CHRGS-GENERAL GOVT 459,000 317,684 69% 616,798 417,320 68% PUBLIC SAFETY 4,870,949 4,219,237 87% 4,383,605 4,416,055 101% PHYSICAL ENVIRONMENT 20,000 12,059 60% 20,000 9,310 47% CULTURE/RECREATION 410,500 302,124 74% 353,000 327,743 93% INTEREST & MISC REVENUE LIBRARY FINES 30,000 10,596 35% 30,000 14,965 50% VIOLATIONS LOCAL ORD. 595,000 493,268 83% 603,860 492,065 81% INTEREST EARNINGS 50,000 50,199 100% 50,000 31,557 63% RENTS AND ROYALTIES 367,200 234,864 64% 351,000 223,560 64% SPECIAL ASSESSMENTS 5,541,500 5,438,407 98% 5,542,000 5,378,428 97% SALE OF SURPLUS MATERIAL 2,000 1,187 59% 2,000 42 2% OTHER MISC. REVENUE 233,000 194,909 84% 237,000 170,496 72% INTERNAL FUND TRANSFERS TRANSFERS 16,442,000 10,961,333 67% 16,518,000 11,126,607 67% FUND BALANCE APPROPRIATED 450,645 300,430 67% 951,781 634,521 67% Total Revenues $ 76,518,564 $ 63,325,123 83% $ 73,794,398 61,147,097 83% $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2014-15 Actual Cumulative 2015-16 Actual -2015-16 Budget S FinanceTinancial Rep orts\Monthly Financial Rep orts\FY2015-2016\Budget Review-GF-thm May 16 Surmnarized001 Revenue Summary Revised Page 115,of 441 S:AFinanceAFinancial Reports\Monthly Financial Reports\FY2015-20WBudget Review - GF - thru May 16 Summan-1001 Expenditure Summary Revised Page 146, Of 441 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31, 2016 (67% of Fiscal Year) EXPENDITURES FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 260,692 $ 148,664 57% $ 252,374 $ 151,279 60% CITY MANAGER 585,310 461,111 79% 631,275 453,308 72% CITY HALL/GEN. ADMIN. 3,326,639 1,407,190 42% 2,121,218 1,143,872 54% MARKETING /COMMUNICATIONS 234,811 170,363 73% 180,646 86,853 0% CITY CLERK 611,709 421,192 69% 565,942 356,332 63% CITY ATTORNEY 600,944 369,910 62% 596,893 319,079 53% FINANCIAL SERVICES 1,175,704 847,598 72% 1,163,228 792,345 68% ITS 2,036,828 1,332,069 65% 1,917,477 1,253,678 65% HUMAN RESOURCES 755,200 456,731 60% 735,597 483,243 66% PUBLIC SAFETY UNIFORM SERVICES 13,761,814 11,307,783 82% 13,682,226 9,329,902 68% ADMINISTRATIVE SERVICES 7,315,543 3,783,589 52% 7,023,314 4,756,533 0% SUPPORT SERVICES 8,383,940 6,493,439 77% 8,582,994 5,855,948 0% FIRE 21,927,587 16,224,569 74% 21,473,553 14,957,796 70% EMERGENCY MANAGEMENT 81,914 6,582 8% 46,914 8,124 17% BUILDING & DEVELOPMENT DEVELOPMENT 1,000,576 728,543 73% 892,532 596,556 67% BUILDING 1,191,695 763,816 64% 1,183,613 680,785 58% ENGINEERING 675,777 505,759 75% 689,856 466,481 68% PLANNING & ZONING 742,572 549,314 74% 700,921 500,897 71% ECONOMIC DEVELOPMENT 265,731 133,631 50% 223,339 166,456 75% PUBLIC WORKS PUBLIC WORKS 221,695 163,518 74% 231,907 163,931 71% FACILITIES MANAGEMENT 1,611,462 1,033,295 64% 1,529,462 984,866 64% STREETS MAINTENANCE 1,085,307 694,229 64% 1,119,169 700,494 63% LEISURE SERVICES LIBRARY 2,261,401 1,594,413 71% 2,234,621 1,518,931 68% SCHOOLHOUSE MUSEUM SERV 301,653 217,538 72% 336,444 233,597 69% RECREATION 2,974,429 2,074,286 70% 2,927,630 1,987,489 68% PARKS & GROUNDS 3,127,631 1,831,979 59% 2,751,253 1,503,024 55% CRA REIMBURSABLE & RESERVES - 21,942 0% 0 17,425 0% Total Expenditures $ 76,518,564 $ 53,743,053 70% $ 73 794 398 $ 49,469,224 67% S:AFinanceAFinancial Reports\Monthly Financial Reports\FY2015-20WBudget Review - GF - thru May 16 Summan-1001 Expenditure Summary Revised Page 146, Of 441 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31, 2016 (67% of Fiscal Year) 5:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru May 16 S-marized401 Rev Sum Page 117 of 441 REVENUES FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 19,490,000 REALIZED $ 13,977,093 REALIZED 72% APPROVED $ 18,400,000 REALIZED $ 13,541,919 REALIZED 74 WATER SALES WATER CONNECTION FEE 25,000 33,600 134% 10,000 28,745 287 WATER SERVICE CHARGE 750,000 562,670 75% 500,000 607,381 121 WTR-BACKFLOW PREVNTR TEST 5,000 13,650 273% 5,000 850 17 RECLAIMED WATER SALES 60,000 38,763 65% 40,000 39,770 99 SEWER SERVICE 17,988,000 12,553,584 70% 17,254,000 12,119,161 70% STORMWATER UTILITY FEE 3,790,000 2,518,799 66% 3,610,000 2,523,513 70% TELEVISE SEWER LINES 2,500 5,180 207% 7,000 912 13% FEES 10,000 18,730 187% 10,000 5,572 56 INTEREST INCOME 40,000 22,293 56% 50,000 24,187 48% SALE OF SURPLUS EQUIP. - 975 0% - 1,837 0 OCEAN RGE UT TAX ADM CHG 800 555 69% 800 462 58 BAD DEBT RECOVERIES 500 - 0% 500 - 0 MISCELLANEOUS INCOME - 37,645 0% - 4,613 0% TRANSFER FROM SANITATION FUND - - 0% 101,000 67,333 67 FUND BALANCE DECREASE (INCREASE) 56,108 37,405 67 % 353,230 235,487 67 TOTAL REVENUES $ 42 217 908 $ 29,820,942 71% $ 40,341,530 $ 29,201,742 72 5:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru May 16 S-marized401 Rev Sum Page 117 of 441 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31, 2016 (67% of Fiscal Year) EXPENDITURE FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,659,754 $ 1,157,508 70% APPROVED EXPENDED $ 1,533,357 $ 888,153 58% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,691,571 3,431,420 60% 5,595,214 3,507,199 63% METER READING & SERVICES 1,208,362 707,782 59% 931,685 611,816 66 WASTEWATER COLLECTION 1,710,597 1,083,861 63% 1,605,462 976,768 61 WASTEWATER PUMPING STATNS 2,577,842 1,679,016 65% 2,416,722 1,545,641 64% SEWAGE TREATMENT 4,405,000 2,403,051 55% 4,600,000 2,750,900 60% WATER QUALITY 662,894 450,403 68% 706,548 472,474 67 UTILITY ADMINISTRATION 14,527,294 9,436,997 65% 12,940,399 8,319,467 64% UTILITES ENGINEERING 1,150,746 874,719 76% 1,324,956 845,292 64% STORMWATER MAINTENANCE 978,291 633,958 65% 1,020,884 498,264 49% CUSTOMER RELATIONS 1,562,822 979,460 63% 1,581,519 916,429 58% DEBT SERVICE 6,082,735 4,112,070 68% 6,084,784 4,109,700 68% Total Expenditures $ 42,217,908 $ 26,950,245 64% $ 40,341,530 $ 25,442,103 63% 5:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thm May 16 Summarimi:401 Exp Sum Page 118 of 441 6. H. CONSENTAGENDA 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on June 21, 2016. EXPLANATION OF REQUEST. The City Commission met on June 21, 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 D Minutes REVIEWERS: Department City Clerk Description 06-21-16 Metting Minutes Reviewer Action Date Foyle, Judith Approved 6/22/2016- 11:43 AKA Page 119 of 441 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 21, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, Interim City Clerk Mayor Grant called the meeting to order at 6:30 p.m. Roll call revealed a quorum was present. Invocation Reverend Nancy Norman, Unity of Delray Beach, gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Romelus Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant pulled Items 6. B and H of the Consent Agenda. He requested a motion to table Items 9. E, F, and G of Public Hearing so people could speak about it during Public Comment. Motion Vice Mayor McCray moved to table Items 9 E, F and G. The motion died for lack of a second. Attorney Cherof added an additional case to Item 14. C, adding a closed -door session for the case, City of Boynton Beach versus Frank Janots. The City is the plaintiff. Page 120 of 441 Meeting Minutes City Commission Boynton Beach, Florida Commissioner Katz pulled Item 6. C of the Consent Agenda. Commissioner Casello pulled item 6. E of the Consent Agenda. 2. Adoption Motion June 21, 2016 Vice Mayor McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Romelus attended Shelley Vana's Meet and Greet at Seagate of Gulfstream and met with residents and answered several of their questions. Ms. Vana spoke about what she is doing in her position and that she is running for Property Appraiser. She attended a Forest Park Neighborhood m and met with Bradley Miller and Mike Bertino for the 601 South Federal Highway project, and with Ocean One representatives. She attended the Prayer Vigil honoring the lives lost in the Orlando shooting. She requested prayers for the family of the two-year old who perished in the Disney alligator attack. She attended the CRA Developer Forum, and thanked Ms. Brooks and her staff for the information. Commissioner Casello attended the Prayer Vigil for the Orlando victims and thought as Americans and voters, citizens should go to the polls and make good decisions on who they elect. Too often, apologies are extended and flags are flown at half-staff for senseless tragedies. He hoped they could change that by voting in officials that understand the issues. He met with Bradley Miller of Miller Land Planning. Commissioner Katz attended the Prayer Vigil held by the Coalition of Clergy and was impressed how quickly it came together and all the work expended on the event. He applauded all who assisted. He also met with Bradley Miller regarding the 601 South Federal Highway project and with some of the Leisureville leaders. Vice Mayor McCray met with Bradley Miller and Bob Dubois, and attended a Chamber of Commerce Luncheon. Vice Mayor McCray explained this week in Broward County, the Florida Morticians Association, comprised of African-American professionals, convened and held a Stop the Violence meeting. He explained the issue has many names such as Bury the Violence and Stop the Senseless Killing. The Association will 4 Page 121 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 stand with any organization that favors stopping violence. On Sunday, a motorcade of hearses and limousines travelled through Miami and Broward Counties. That afternoon, Sabrina Fulton, the mother of Trayvon Martin was present and a Santonio Carters, whose six-year old son was gunned down on his way to the store. He was number 316. Vice Mayor McCray declared the situation was serious and the Mortician's Association will finish their activities for Richard Allen Kurtz, his boss, who will be honored as Mortician of the Year. Vice Mayor McCray advised he did not attend the Boynton Beach Vigil because he had to work, but he was present on Tuesday morning when he met with City Manager, Lori LaVerriere, and a phone call requesting assistance with the event was received. He praised staff and expressed his thanks. He was at work the day before the Vigil occurred when he was contacted about having the Vigil. He recalled at the last City Commission meeting, there was discussion about lifting the moratorium for special event permits at City parks and he thanked the Commission for remaining steadfast. He had received a phone call that a party was planned at Sara Sims Park and he advised no permit had been issued. He thanked the Police for shutting the event down. He commented half an hour later, he received a second call questioning why the event was not shut down. He called Assistant Police Chief Snow and she informed him the Police were already on site and he thanked her for a job well done. Since the event could not take place at Caloosa Park or Lake Ida Park, the organizer moved it to Sara Sims. He thanked the Department for sending the message, Sara Sims is not open for business. Vice Mayor McCray had also got a message the event would move to Cherry Hill, but the residents did not allow it. Mayor Grant advised he met with Jorge Piscaro, and Heather Andrews from Discover the Palm Beaches on June 8th. He learned what they were doing to promote business and tourism in the City. On June 9th, he met with Healthier Boynton Beach and they selected a logo. That evening he attended a "Dori Saves Lives," meeting which is a non- profit seeking to prevent motor vehicle deaths. Representative Iry Slosberg advised he was able to pass legislation making failure to wear a seat belt a primary offense and drivers could be pulled over. He noted texting while driving is a secondary offense, and law enforcement cannot pull over motorists. On the 10th, he attended the COWBRA 35th Anniversary Gala at Benevenuto. He visited Saxton's, the new restaurant attached to Sweetwater, attended the CRA Workshop on June 11th and then went to the Mall. 'He met with an FPL representative who advised individuals wanting to report a streetlight that is out should call 1-800-466- 8243 for service. He supported Jeff Clemens at Two Georges on June 14th, attended the anniversary of Motor City Pizza and Deli near Home Depot, and then to Joey's Bakery and Goods, featuring gluten and GMO free products. He lunched with Judge Marni Bryson, for Group 7, on the 15th, and spoke at the Vigil on the 16th. He commented this generation is tempered by terrorism and the City will grow stronger and 3 Page 122 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 more unified to defeat terrorism. He spoke about how people needed help and they receive help. He attended the Metropolitan Planning Organization meeting and learned Boynton Beach has been collecting an impact fee for the past 15 years. He commented $24 million has been collected, but the County only disbursed $4 million to Boynton Beach. He hoped the upcoming strategic planning meeting would cover a Mobility Fee Ordinance to keep developer money in the City. He met with Bradley Miller on the 17th regarding the 601 South Federal Highway project, and lunched with the Fashion Cuisine Group in Wellington to see if they would open new restaurants in the City. He attended a happy hour with a representative from Brookshire Hathaway, attended Music at the Rocks and spent Father's Day with his grandfather. On Monday he toured Boca Bearings and the owner advised he was looking to expand and bring manufacturing back to Boynton Beach. He thanked him for taking the video games from the former Pete Rose Cafe, and he and FAU interns will refurbish the arcade games. On June 20th, he met with South Florida Wonderland Foundation and earlier in the day, he attended the CRA Developers Forum and the Palm Beach Bar Association's Committee for Diversity and Inclusion. Mayor Grant explained he had previously made comments at a Planning and Development Board meeting and stated he represented mechanics in the County. He does not represent mechanics in the City of Boynton Beach, nor did he represent anyone that would be impacted by the Ordinance. He noted summer starts on June 22nd. He polled the City Commission if they wanted to wear City issued collared shirts in lieu of ties during July and August and learned the City Commission attire would remain the status quo. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. The Mayor to present South Tech Academy C.O.R.E. Transition Program Student Intern, Nicholas Celino, with a Certificate of Recognition for his internship completion and a summary of the internship provided by ADA and Grants Coordinator, Debbie Majors. Debby Majors, ADA and Grants Coordinator, presented Nicholas Celino with a Certificate of Completion and explained South Tech Academy offers a career opportunity and related education program called Core Transition Program which incorporates technical training in the student's chosen field on and off campus. The City ADA Coordinator and Chris Hand, the South Tech Academy Transition Coordinator created a career exploration internship opportunity for Mr. Celino in technology. It included visiting with the City ITS, Police, Fire, Library, and GIS Department to learn how the City uses technology to interact with citizens and provide services. He received a lot of behind -the -scenes tours and viewed the wiring for various systems including the 0 Page 123 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 911 Communication Call Center. The internships provide a glimpse and tips from field professionals regarding a career in technology. As Mr. Celino finishes his certifications at South Tech, she invited anyone having a business or knows a business owner to distribute brochures in the back of the room and pass the information on. She commented all of the businesses could benefit from students like Mr. Celino and the City would work with them. Mayor Grant presented the Certificate to Nicholas Celino and congratulated him on his outstanding effort. Jay Boggess, Director of Schools, South Tech Academy, commented Ms. Majors was an integral part of making the effort a success. South Tech has been in Boynton Beach for 40 years and engaging the community on a daily basis is part of their strategic plan, creating one success story, one student at a time. It cannot be done alone; it is about engaging the community and what they are able to create through a network, to provide opportunities for students to grow. Students can stay and work in Boynton Beach and create a vibrant vision. On behalf of South Tech Academies, Mr. Boggess complimented Ms. LaVerriere and Ms. Majors, Ms. Coles-Dobay and the entire Boynton Beach staff, for allowing the effort to come to fruition. He presented a service ward to Ms. Majors. B. Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park. Wally Majors, Recreation and Parks Director, announced the July 4�h Fishing for Fireworks event begins at 6 p.m. and fireworks will commence at 9 p.m. Two bands will be featured and Kids Corner Activities will be held throughout the evening, including a watermelon eating contest. Immediately after the fireworks, another set of music will play. The Department doubled up on buses this year and will have five buses running. He noted it takes some time to get out of the park especially from a larger event and he hoped people would stay a little longer to enjoy the music following the fireworks. On Saturday at 10 a.m. at Oceanfront Park, the department would host Stand Down House, which is a non-profit organization providing support for homeless and at -risk veterans. The Department will host an activity for them once a month for the next few months and was reaching out to the community for partners or sponsors to help provide lunch. Next month, they will schedule golfing, snorkeling and scuba diving. He reiterated these activities are for homeless or at risk veterans in the community that could use help. Anyone wishing to help should contact Mr. Majors. C. Proclaim June 20 - 26, 2016 as Amateur Radio Week, Barry Porter and Bob Vastola will be in attendance to accept the proclamation. Mayor Grant read a proclamation proclaiming Amateur Radio week. Present to accept the proclamation was Barry Porter and Bob Vastola. 5 Page 124 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 One of the men thanked all for the recognition. He mentioned there are over 300 HAM operators living in the City. The organization is always preaching hurricane readiness and he noted the public is becoming more dependent on cell phones. They are preparing to function and provide governments with communication if infrastructure fails. He had distributed flyers and invited all to attend the June 25th and 26th Field Day at Delray Park. D. Proclaim June 27th, 2016 as National HIV Testing Day and urge all residents to take the HIV test to know your status; "BE A HERO, STOP THE SPREAD". Brenda Lopez MSW of the Prevention Education & Treatment Program at the Caridad Center will be present to accept the Proclamation. Mayor Grant read the proclamation. Present to accept the award was Brenda Lopez. Ms. Lopez, MSW, Prevention Education and Treatment Program at the Caridad Center, thanked Mayor Grant for the proclamation and spoke about the Caridad Center, explaining it is a free clinic and one of the biggest in the State. She noted staff at the Center are all volunteers including the doctors and nurses. She was thankful to have the organization in Boynton Beach and invited all to get tested on Friday the 24tH E. Presentation by Quinn Hayes, Project Director of Healthier Boynton Beach. Ms. Hayes thanked Mayor Grant, Vice Mayor McCray, the City Commissioners, City Manager and all else and explained Palm Health Care Foundation has a Healthier Together initiative to bridge the gap and develop viable solutions to complex health issues. Boynton Beach was one of six communities chosen to receive $1 million to work on the health initiatives chosen by the community. They held events at Intracoastal Park Clubhouse,. Boynton Beach High School and St. John Missionary Baptist Church, to gather consensus what was needed the most. She announced the vote was in favor of family care giving. She thought the City selected the most holistic approach because family care giving could still be related to behavioral health or chronic disease management, diabetes and/or prevention. These issues could include isolated seniors and youth caring for parents. No one is left out. She hoped to engage all in the process and Healthier Boynton will decide how the funds will be spent. There are several upcoming community events, and she invited all to visit HealthierTogetherPBC.org and join the group. She requested those interested in the effort to contact her. Fliers on the event were in the back of the room. Parks and Recreation sponsored a June 30th family dinner and community conversation event at Carolyn Sims Center. On Thursday, June 23rd, she invited all to a Meet and Greet cocktail social for she and her fellow Steering Members at the Secret Garden Cafe. She advised she would love to hold focus groups and gain consensus in the community. 0 Page 125 of 441 Meeting Minutes City Commission Boynton Beach, Florida 4. PUBLIC AUDIENCE June 21, 2016 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) Chair Grant opened Public Audience. Susan Oyer, 147 SE 27th Way, complimented staff at the permitting office in the Building Department. She noted the office staff stops taking paperwork at 4 p.m., and stays open until 5 p.m. She asked why and learned the office is short staffed. Ms. Oyer contended Boynton Beach is the third largest City in the County, and she thought she should bring the matter to the attention of the City Commission to address. Ms. Oyer also pointed out a Palm Beach Post article detailed an HGTV House Hunters episode would feature a home in Boynton Beach. She tried to determine what area of the City was being filmed, but was unsuccessful. She requested anyone with knowledge publicize the location. Sonny Garcia, 1631 NW 3rd Lane, explained the Bill Tome Foundation for Kids and Families, Inc. was partnering with the East Boynton Wildcats and the City to hold a Summer Fun Day at the Ezell Hester Center on July 9th. The purpose was to raise funds for the football and cheerleading programs. He noted recent vandalism at the Center resulted in equipment and uniform losses. Bill Tome is a former Boynton Beach Police Officer and PAL Officer. The Foundation will also raise funds for a new Public Address System, uniforms and equipment. Several activities were scheduled for the event, which started at 11 a.m. Anyone wishing to make a donation should contact Michael Byrd. Flyers would be posted. Buck Buchanan, 807 Ocean Inlet Drive, distributed a letter, which he read into the record complimenting the City and CRA for their work consolidating, revising and coordinating land use and zoning, to develop documents that allow developers and citizens to understand what can be built anywhere in the City. He also praised staff for gathering input from the public and development community. He commented most of the work could be adopted, but the creation and location of Mixed -Use Node zoning, with a 100 -foot height limit warranted separate public input and attention from the City as opposed to being embedded as an element in an overall project. City residents were concerned with height limits, traffic congestion, and quality of life issues. The residents voted a second time to maintain a four-story height limit and the City Commission invoked Home Rule and increased it to 150 feet in Mixed -Use High zoning. Mr. Buchanan expressed it appears the 100 -foot Mixed -Use Node zoning does not necessarily fill a gap in the CRA and adding 100 -foot buildings elsewhere in the CRA rl Page 126 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 worsens the situation. He proposed height limits should be established as part of the new Land Use/Zoning, and excluding additional height to accommodate elevators, air conditioners and other amenities or designs. He thought they should provide clear direction and a 45 feet height limit means 45 feet and not 55 feet. Mr. Buchanan further noted when the first CRA Director was hired and there was an independent CRA Board, the CRA adopted a Floribbean/Coastal Fishing Village style; however, the style disappeared when the independent CRA Board was dissolved. He asserted it would be appropriate to obtain public input regarding architectural styles for various sections of the City. Suzanne Ross, Executive Director, Schoolhouse Children's Museum, announced Summer started out strong. Month -to -date, there were over 2,300 people that joined the Museum and its programs. Classes were full or nearly full, and during last week's Fabulous Fun Fridat which was themed "Presents for Papa", both sessions sold out. Through August 19t , Alternating Fridays features Slash Zone or Fabulous Fun Friday. This Friday's Splash Zone features Water Olympics. Each Friday program has its own theme such as Ice Cream Sundae Friday, Bubbles, Bubbles, and more Bubbles, Water Paint and more. An updated Doc Weems Office now has a life-sized Operation game. July 11th is French Week, introducing French words and phrases and activities will be incorporated into the program including stories such as Madeline and Everyone Bonjours. The Museum will celebrate the 4th of July at Intracoastal Park Clubhouse. Tickets benefiting the Museum are available in advance for $30 for adults and $10 for children, or $40 at the door if available. Guests will enjoy a barbeque dinner and air- conditioned front row seats to view the City's fireworks display. She invited all to the Museum. Mark Karageorge, 240A Main Boulevard, praised the City Manager's Office for their assistance with the Vigil and he liked that the City unified for a good purpose. He commended those present and advised there was a great turnout. He noted the City always took the approach to "Bury the Violence". He noted the CRA Workshop with the development community was good and he commended the CRA and City staff for a great presentation. Two RFPs were issued for the Ocean Breeze and MLK South projects. He noted the Housing and Urban Development (HUD) changes their regulations and in the past some RFPs failed. He asserted HUD was making further changes and he recommended staff contact Dave Brandt from Palm Beach County, who also works with the Florida Housing Finance Corporation, (FHFC) to see how the City could position itself to be on the winning side of the application cycle. The regulations are detailed and Mr. Brandt could clarify the changes because he works for the County in the same capacity as in the FHFC. He was aware an RFP would be issued for the Cottage District and the CRA had been working on land assembly for the District for 10 years. He thought the project would improve the quality of life and he suggested the CRA consider a land trust. 0 Page 127 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Rae Whitely, Boynton Beach Coalition of Clergy, noted people of all races, religions, genders and political orientation came together and reflected the love of God and said thoughts and prayers will not be enough. He commented it would not be the end, but it would be a beginning. He thanked the entire Commission and City Manager, Police Chief, and the City staff who worked hard to make the event impactful. People from near and far, who refuse to be silent joined together to pray for 49 families who were grieving the loss of loved ones and 52 people recovering physically and mentally from gunshot wounds fired by a person filled with hate. He was very proud of Boynton Beach and declared it was a defining moment in a terrible situation. Reverend Bernard Wright, 713 NW 2nd Street, CEO of Bernard Wright Ministries, the Wells Foundation and Real Talk Radio, commended the City Commission and the City for their good works. He requested clarification regarding Sara Sims Park as no one is parking there and it is a community park serving the District and the Heart of Boynton. He shared concerns about violence, noting there has not been much violence at the park, but there has been violence in Boynton. He thought anyone who wanted to enjoy themselves there should be able too, but did understand about special events. He asked when the Park would be renovated as the City has funds allocated for it and commented the Park could be roped off and it would alleviate four, three and two wheelers traversing the grounds. He asked why boom boxes and cooking was prohibited at the park and when residents could use the park without Police intimidating the patrons. He noted other parks could be used and did not know why Sara Sims Park could not. Vice Mayor McCray noted when the Police were called, there were about 300 vehicles there and when the party attempted to cross to Cherry Hill, a resident called and thanked the Police as they may have saved a life. He commented the matter will be addressed at the Strategic Plan. Dr. Piotr Blass, 113 W. Tara Lake Drive, advised he was in Peru, and was glad to be in Boynton Beach proclaiming it is the best City in the world. He noted there are opportunities to have a Sister City in Peru and Poland, and together he and the City could explore the possibilities. He promotes the University of Boynton and he finds new students. The activity in Peru related to seismology, earthquakes and academic issues. He supported Rev. Wright as he represents the early history of the City connected with the Bahamas and noted Rev. Wright was also concerned with the use and safety of the local park. Dr. Blass suggested with a strong police presence and the right resources, residents could have fun and picnic at any park. He commented he is running for federal office in December because of his concerns about guns and safety. While respecting the Constitution, he thought there should be high tech solutions to eliminate the violence seen in Orlando. He also grieved for Jo Cox who was gunned down in England. He conveyed strong action from the federal government and scientists is needed to defeat terrorism. He advised he will be leaving for Poland in July.. 7 Page 128 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Vice Mayor McCray suggested Dr. Blass meet with Chief Katz and Assistant Police Chief Snow to learn what occurred at Sara Sims Park so he could understand the City Commission's reluctance to reopen the Park. Dr. Blass advised he would. No one else coming forward, Mayor Grant closed Public Audience. Mayor Grant commented he forgot to announce the Water Quality Report was available in the back of the room. 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: Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 1 Stu NN Library Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts There were no applicants. 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. R16-074 - Approve the update to the Engineering Division fee schedule for engineering and construction related activities in the City of Boynton Beach, changes to become effective immediately. B. PROPOSED RESOLUTION NO. R16-075 - Support of lowering energy costs for solar power and support for amendment 4 on the August 30, 2016 Primary Ballot. Mayor Grant pulled this item to allow Sarah Younger to speak. Ms. Younger, Boynton Beach resident, was present to support Amendment 4, which will be on the ballot on August 30th. The amendment would exempt solar panels from tangible property taxes, currently assessed on commercial property. She thanked Mayor Grant for the Resolution in support of the amendment. It will assist residents in Page 129 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Florida to be more energy independent by offering more options for energy choices. She invited all to attend a Public Education Workshop at the Summit Library on Thursday, June 23rd at 5:30 p.m. A colleague "Eddie" also representing the effort, had handed out brochures. He announced anyone wanting further information can visit the Yesonfour.org website. Vice Mayor McCray noted the Amendment was also supported by the League of Women Voters. Motion Vice Mayor McCray moved to approve Resolution R16-075. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. Commissioner Katz explained he pulled this item because the City Commission has not received any information on the item and he would need to review it before he voted. No one from the County, the City of Lake Worth, or the Atlanta Braves has come forward. Motion Commissioner Katz moved to table the item indefinitely until more information is received. He noted when they discuss development projects, they discuss whether there would be community benefit agreements, such as hiring local workers during construction, or the tax implications. He pointed out public funds typically are used to subsidize stadiums. He thought it was inappropriate for an item like this to come before the City Commission without any information. Vice Mayor McCray commented he received information from the City Manager which was an article, "The Braves Play Taxpayers Better Than They Play Baseball." Commissioner Katz commented he received the article which opposed the development and thought more information was needed. Mayor Grant commented he spoke to Lake Worth Commissioner, Scott Maxwell and their Executive Director. All of the neighboring cities support the effort and they requested the City's support. The article pertained to the Farm Teams, not necessarily a spring training facility for the actual Atlanta Braves. He commented the City is a tourist destination and the other cities were not. It would create a great deal of revenue for 11 Page 130 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 them and the City. It does not cost the City money to support them. If the project is approved, the City would benefit through increased jobs and taxable revenue. Commissioner Casello agreed further information was needed, and thought Lake Worth could share information. He thought a workshop may be beneficial. Mayor Grant had told Lake Worth Officials to speak with the Boynton Commissioners. Vice Mayor McCray asked if the League of Cities supported the item. Mayor Grant advised the League of Cities had no comment. David Katz, 67 Midwood Lane, explained he is a baseball aficionado, but the Braves have the second worst record in the Major Leagues and was on track to lose 110 games. There would not be a minor league team there, it would be a spring training facility. In Jupiter, there are two teams there. He commented John Prince Park has been a precious park and recreational area for many years. He thought any jobs created would be minimum wage and the return on investment was a figure pulled out of a hat. He asked what would occur in 15 or 20 years when the team wants to move, as this occurred in West Palm Beach years ago and advised Lake Worth and the County will be stuck with the complex, the park and the park land will be gone. If the City Commission votes in favor, the billionaire owner and his million dollar employees could say Boynton Beach endorsed the misuse of park land, when that may not be the case. It would have been, at most, because the Commission did not fully vet the residents of the City. Katie McGiveron, 2121 Collier Avenue, Lake Worth, a native Floridian advised she and her husband moved to Lake Worth. She is the President of the Residents of Lake Osborne Heights (ROLO) Homeowners' Association, and they would be directly impacted as she lives across the water from the Park. She explained one would have to travel down 6t" Avenue South or Lantana Road to access the Park. She commented FDOT commissioned a study about a 6t" Avenue interchange, and traffic is at the breaking point. She had previously submitted a packet to each Commissioner including a map of John Prince Park and a breakdown of the usable areas therein and a card identifying a Facebook page called John Prince Park Preservation. She referred to an article from Bloomberg Business entitled "The Braves Play Taxpayers Better Than They Play Baseball" and there were many more articles on the Facebook page. Ms. McGiveron commented John Prince Park is a public park and should not have been considered for the facility. When the Park is gone it is gone, and there is no other land to create another park. She commented money is always the bottom line and the City's Mission Statement is to create a sustainable community by providing exceptional municipal services in a financially responsible manner. She commented baseball stadiums are a bad idea for communities that have to pay for them and there are numerous studies indicating so. She requested the City Commission research the issue before jumping into a resolution. She requested this weekend, the Commissioners go to the Park and look around and talk to Park users. 12 Page 131 of 441 Meeting Minutes City Commission Boynton Beach, Florida Motion June 21, 2016 Commissioner Casello moved to table the item until they get more information. Commissioner Katz seconded the motion. Discussion followed whether to table to a date certain. Commissioner Katz wanted it to remain on the table until a presentation is made. Mayor Grant thought if no one attends the next City Commission meeting, it could be construed as hearing nothing positive, except that other cities support the project and there is the possibility of increased property values and increased jobs. Commissioner Katz recommended tabling the item up to 90 days in the hopes that someone will provide information to them. After 90 days, if nothing is heard, would be a more appropriate time to speak on it. Motion Commissioner Casello moved to table for 90 days. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R16-077 - Approve an Agreement with RunBrook, LLC of West Palm Beach, FL for "Greenhouse Gas Emissions Inventory Consulting Services" in the amount of $44,985.00 as a result of the RFQ No. 010-2821-16/JMA, according to Florida State Statute 287.55 "Consultants'; Competitive Negotiation Act" (CCNA); and authorize the City Manager to sign the Agreement. E. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2016/17. The anticipated Community Development Block Grant allocation is $497,889. Commissioner Casello pulled this item and understood $356,000 rolled over from last year to be combined with this year's allotment of nearly $498,000 totaling $854,000. He understood there is only so much money for each agency, but one agency his family volunteers for is the Community Caring Center (CCC) who requested $65,000 and the Committee recommended $40,000. The CCC has been in the community for 35 years and offers assistance with mortgage, rent, utilities, food pantry and vouchers, medication and direct emergency social services for seniors. He asked the Commission to increase the amount from $40,000 to $50,000 which is below the $65,000 requested. Chair Grant noted the maximum allotment for public services is 15% which would result in reducing another agency's allotment such as Aid to Victims of Domestic Abuse 13 Page 132 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 (AVDA) and Pathways to Prosperity (P2P). Commissioner Casello thought P2P was fairly new to the Community Development Block Grant (CDBG) Program. Vice Mayor McCray explained P2P is not a new agency and has been around for some time. There is enough money and the City Commission has always donated to the CCC. Both CCC and P2P do good work. He thought if there is a pool of money, and it needs to be distributed and another agency is eligible, the City should be fair to all who apply. Commissioner Casello asked if an extra $10,000 was allocated, where it would come from. Octavia Sherrod, Community Development Manager, explained 15% of the allocation is about $74,000 and all public service dollars have to be allocated from that category. The City cannot exceed the annual allocation for public services and she agreed if the Commission increased the award by $10,000, the funds would have to be taken from another agency in that category. Vice Mayor McCray disclosed P2P is a component of St. John Missionary Baptist Church and he is a member of the Church who has nothing to gain from this item. It is a community effort and he thought the Commission should hear from P2P. Sherry Johnson, Community Caring Center, advised the CCC works well with P2P and they expected the funds would be split. They are grateful for the allocation and encouraged Commissioner Casello not to pursue the issue as they are happy to share the work with them and they complement one another well. Kimberly Bush, CEO of P2P, explained they have been in the community for just over six years. They submitted the grant for the CDBG funds for their newest program model called Circles, which is a national model aimed to end poverty. The program is operating in 28 states and P2P was selected as the agency to introduce it to Palm Beach County. The model is based on a work by Ruby Payne, Author of Bridges Out of Poverty. The book notes there are three classes of people: wealthy, middle class and poor and the twain should never meet. Circles uses a curriculum designed by Mr. Payne for social workers to use to work with different classes to help guide individuals out of poverty. It involves the entire community. Currently, several families from Boynton Beach graduated from the program and are on their way to self-sufficiency. Once graduated from the 15 to 18 week course, learning about decision making and budgets, graduates are connected with middle to upper-income individuals who commit to spend 18 months with a family to guide the families out of poverty. Ms. Bush advised there has been tremendous success. She thanked the City Commission for considering P2P and recommended they be part of the funding process to continue the great work. They are operating in Boynton Beach and have models in northern Palm Beach County and Delray Beach. 14 Page 133 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Vice Mayor McCray commented having served on the Commission for many years, this was the first time he heard a group appear indicating they were in favor of what they were trying to accomplish and let the allocation remain as they support one another. He appreciated their candor. . Jennifer Rey, Program Services Director, AVDA, thanked the City Commission for considering their funding request. They have been funded for many years for their work to prevent domestic and dating violence. AVDA's work at Boynton Beach High School has been wildly successful in implementing the Center for Disease Control's model to prevent imminent partner violence. It is a community based model working with young people who go out and change the community. Last year 18 youth taught 1,300 of their classmates in 9th, 10th and 11th grade lessons on teen dating violence, what it is, what it looks like and how to build and sustain healthy relationships. She appreciated the funding and hoped it would stay the same this year and grow. One educator spending his summer at Boynton Beach High School's Athletic Department was implementing a "Coaching Boys into Men Program; a national program out of Future without Violence, in the City. She thanked the Commission for their support. Motion Vice Mayor McCray moved to approve the recommendation. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. F. Award to Anzco, Inc. two (2) purchase requisitions totaling $28,100 plus a 10% contingency of $2,810 for a total cost of $30,910 for the repair of two picnic shelters and construction of supporting ADA accessible improvements at Oceanfront Park. Purchases over $25,000 require Commission approval in accordance with the City's procurement policy. G. Accept the written report to the Commission for purchases over $10,000 for the month of May 2016. H. Approve the minutes from the Regular City Commission meeting held on June 7, 2016. This item was pulled by Chair Grant for a spelling change on page three from Loimaa to Rauma, Finland, and the Children's Oasis International was for the Man and Woman of the year, Derrick McCray and Sheila Ross. 15 Page 134 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Romelus also requested specifying the amount on the motion on page 12 as follows: Commissioner Romelus moved to settle for half of the $2,905.25 (one- half $1,452.62). Motion Vice Mayor McCray moved to approve the minutes with the changes. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-078 - Authorize the City Manager to sign a contract with Florida Design Drilling Corp. of West Palm Beach, FL for the Master Lift Station No. 309 Improvements project, Bid No. 033-2821-16/TP in the amount of $1,832,000 plus a 10% contingency of $183,200, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $2,015,200. Vice Mayor McCray asked why staff was spending so much money on the item. Colin Groff, Assistant City Manager - Services/Utilities Director, explained the project was one of 28 master lift stations and they address one every 18 months. The stations last for 40 years, and this was a way to cycle replacing only the pump station, and installing a force main to phase out another pump station in the future. The building would not be replaced. Vice Mayor McCray asked if the pump station would be painted and learned it would. Motion Vice Mayor McCray moved to approve Proposed Resolution R16-078. 16 Page 135 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Casello noted the Commission had voted on lift stations before and asked if the $1.8 million was the normal amount. Mr. Groff explained this station was a master lift station, taking a flow from a large area. Forty to fifty stations pump to this station and it pumps into the master system that pumps to the plant. The station is five times larger than the standard station and as part of the work, the Department will drill under the Little League baseball field. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Approve award for the "Annual Supply of Medical Supplies and Medications", Bid No. 044-2210-16/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Midwest Medical Supply Co., LLC, as the lowest, most responsive, responsible bidders for a projected annual expenditure of $140,000. Items will be ordered on an "As Needed" basis. Vice Mayor McCray requested hearing from staff. Glenn Joseph, Fire Chief, explained the Fire Department bids for medical supplies and medications every few years. They receive responses and check the lowest bid. The price reflects the cost increase of medications as it changes and drug overdoses requires more medication be used. Ms. LaVerriere explained they have three vendors, since one vendor may not carry a certain medication to ensure the Department has the supplies it needs. Tim Howard, Finance Director, explained the City spent $91,000 so far this year. Last year, they spent $122,000. The $140,000 is an estimate for the year. Vice Mayor McCray commented the Department is using the lowest bid, but wanted to ensure citizen's lives are not being compromised, and the Department was using quality medications. Chief Joseph responded the Department issues the medical specifications and ensures the medicines meet quality standards. Commissioner Casello noted the bid was a joint bid with the City of Delray Beach Fire Department which is a like -sized department and asked if the City could partner with the County for bids on medical supplies. Chief Joseph responded he will speak to Delray Beach, but generally speaking most municipalities issue their own bids and/or use different mechanisms to get the best price. When he was in Boca Raton, they use the same vendors for the same supplies and pay about the same amount. Commissioner Casello explained the City has piggybacked on other bids, and thought piggybacking with the County would triple the City's volume of medical supplies. Chief Joseph explained some of the supplies the Department uses are consistent across most 17 Page 136 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 municipalities, but some use different medications, protocols and have different medical directors. He could investigate a bid amount for the three cities in the South County area. Boca Raton has an arrangement with the hospital and receives their medications from them. He explained an agreement would likely be with Delray Beach and Boynton. Commissioner Casello thought it should be researched. Ms. LaVerriere thought it would be a statistical nightmare to coordinate with the County because of the number of vendors the City uses, but it would warrant further investigation. The City has used purchasing cooperatives in the past. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 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. 16-010 - FIRST READING -Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), tc increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise (CDRV 16-001). Attorney Cherof read Proposed Ordinance No. 16-010 by title only on first reading. Vice Mayor McCray inquired if this item would accommodate True Treasures locating in Boynton Beach. It was noted he and Mayor Grant favored the Ordinance to get more business in Boynton Beach. Mike Rumpf, Planning and Zoning Director, explained the merchandise into two categories: as an antique store, or as a consignment store. Antique stores are only regulated by a maxi square feet. The other categories are regulated by the 5,000 separation between shops and antique stores. The Ordinance would shops into the regulatory group of antique stores to regulate them im City classes used pawn shop, thrift or mum size of 5,000 cap and distance move consignment in a like fashion. It Page 137 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 would expand the maximum size of antique stores, consignments shops from 5,000 square feet to 25,000 square feet, except in the CRA area. The redevelopment area would have a reduction in the maximum size from 5,000 to 2,500 square feet, consistent with the vision of small stores, shops and boutiques. True Treasures is a larger store and cannot operate in a small space. This would regulate uses that are of a higher class of merchandise than is typically seen in a thrift store. It does not need such a stringent structure as with distance separation. Motion Vice Mayor McCray moved to approve Ordinance No. 16-010 on first reading. Commissioner Romelus seconded the motion. Mayor Grant opened the floor for Public Hearing. No one came forward. Vote Interim City Clerk Pyle called the role. The vote was 5-0. B. PROPOSED ORDINANCE NO. 16-011 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts (CDRV 16-002). Attorney Cherof read Proposed Ordinance No. 16-011, by title only on first reading. Mayor Grant announced he represents mechanics with dealer licenses in unincorporated Palm Beach County. He does not represent any mechanics in the City of Boynton Beach or have anything in the foreseeable future that would represent any repair facility for boats or motor vehicles. Mayor Grant declared there was no conflict of interest. Commissioner Katz asked if Mayor Grant advocated for the Ordinance at the Planning and Development Board meeting. Mayor Grant responded he did not. He gave information. Commissioner Katz had questions about the appearance from an ethical perspective. Mayor Grant explained he spoke with Mark Bannon, Commission on Ethics, earlier in the day and disclosed what he needed to disclose. He does not represent anyone from Boynton Beach and he gave the information to the Department of Business and Professional Regulations that controls boat and motor vehicle licenses. There is also another regulation if a mechanic regulated by the Department of Agriculture wanted to sell motor vehicles or boats. Commissioner Katz inquired if he was not open to 19 Page 138 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 entertaining questions pertaining to his relationship with mechanics in relation to the Ordinance and Mayor Grant responded affirmatively. Vice Mayor McCray commented this item had surfaced at prior Commissions, and the reason it was not approved was the Commission did not want dealerships opening and having cars on the outside of the building. He did not oppose having vehicles inside a building. Commissioner Katz asked what the penalty was if the vehicles are moved outside during the day and returned to the building at night. Mr. Rumpf responded Code Compliance would be used. This request had a conditional use attached, and it would have staff oversight and review, plus the City Commission's review. Staff will visit the site and determine the building's capacity to store vehicles. It is not something they could prove in advance. Commissioner Casello asked where the C-3, C-4, PCD, and M1 zoning districts were located. Mr. Rumpf explained C-3 is the most intensive commercial or retail district. Commissioner Casello asked if there was a map and learned a map was not available. A C-3 zone would include just about every commercial zoning district in the City. Boynton Beach Boulevard to Seacrest is zoned C-3. West of Seacrest to 1-95 is C-1 which had more office space. Moving westerly, C-1 and C-2 is on the south side, where Krispy Kreme was formerly located and after that is an office district in the C-2 zoning district. The mall was zoned C-3. One M-1 industrial pocket abutted the Arts District, and along High Ridge Road, north of Quantum and just south of Miner Road. A PCD was located at the Sports Authority shopping center. Commissioner Casello asked if a boat repair could be located in the Sports Authority building and learned it could not. Mr. Rumpf explained the list was needed for consistency in advertising requirements. The regulations have more details about what is permitted in each district. The C-3 zone was included because staff was proposing boat sales, not repairs or outdoor storage in C-3. Commissioner Casello asked if boats could be sold in the Sports Authority building, but not repairs and learned it could. The Ordinance opened the door to sell small fishing vessels. Mayor Grant opened Public Hearing. Mike Weiner, Attorney representing the applicant, explained George Rodriguez and he had been working with Mr. Rumpf, and Mr. Rodriquez purchased the former Automobile Museum. At the time, it had an automobile license. Attorney Weiner did not represent Mr. Rodriguez at the time, and did not realize the license was obtained without filling out the correct forms. Other businesses in Boynton Beach had been asking for the ability to sell motorcycles and automobiles other than at a major location. As a result, he approached Mr. Rumpf, who understood it meant jobs and businesses that would stay in the City. Mr. Rumpf reviewed all of the uses related to automotive and boat sales and conducted a thorough study. Mr. Weiner explained a few businesses had one issue, 20 Page 139 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 which was the sale of motor vehicles and motorcycles are different than they were years ago, in that most are conducted by internet sales. They do not draw a lot of traffic to the location and they do not want to store outside. Mr. Rodriguez just wants to fill out the paperwork for the State when the State asks if they are properly zoned. Attorney Weiner explained the location was a good use for industrial and warehouses and it will not result in any kind of intensive burden at the subject area. It is what the future brings to motor sales and to a host of other items sold in buildings. He requested of all the items Mr. Rumpf proposed, the Commission review this item, because it is the right thing to do for businesses and to be an employer. The business would be a conditional use, so there will not be a precedent set as each use must be reviewed. Commissioner Casello asked if there would be foot traffic. Attorney Weiner responded it would be allowed, but they have not asked for advertising. The signage regulations were appropriate, but it was not the way they were promoting their business. There are hundreds of automotive sites that sell antique, classic and special interest automobiles. The community knows about them, and sometimes post 100 or 200 photographs. The only individuals they attract are the ones who are integrally familiar with the vehicle. Then the sales are arranged. Mr. Rodriguez has no interest in dealing with the general public, and is why they do not need signage or 1-95 frontage. No one else coming forward, Public Hearing was closed. Commissioner Casello requested a map be included when the item returns for second reading. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote Interim City Clerk called the roll. The motion passed 5-0. C. Approve request for Major Site Plan Modification (MSPM 16-004) to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at the southwest corner of Ocean Avenue and SE 4th Street, in the CBD (Central Business District) zoning district. Applicant: Jim Williams, A&W Architects. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vote 21 Page 140 of 441 Meeting Minutes City Commission Boynton Beach, Florida The motion unanimously passed. June 21, 2016 Attorney Cherof explained items D, E, F, and G are related and Item 14. B will tie into the application. They will all consolidate on second reading. D. PROPOSED ORDINANCE NO. 16-012 - FIRST READING - Approve Future Land Use Map (FLUM) amendment from Local Retail Commercial (LRC) to Mixed Use (MX); PROPOSED ORDINANCE NO. 16-013 - FIRST READING - Approve rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office. Agent: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 16-012 by title only on first reading and noted this item was a legislative determination by the City, and if the applicant wanted to make a presentation to related items on the agenda, the items are quasi-judicial. Attorney Cherof administered an oath to all those intending to testify. He explained the documents included in the City Commission agenda package are part of the record. If other documents will be presented during Public Hearing, the documents need to be identified and copies need to be left with the Clerk. He advised if testifying in any special capacity, the person testifying should identify their qualifications. Bradley Miller, Miller Land Planning, representing the applicant, commented there are four items. The presentation being made only pertains to the land use change and the zoning. Mr. Miller explained the project is located at 601 South Federal Highway at SE 5th Avenue stretching between Federal Highway and SE 4th Street on the west side. Sterling Village is across Federal Highway to the east, the area to the north is office/commercial, there is vacant land to the west at Pence Park, and the south has an approved and under construction Assisted Living Facility. The application consists of a land use and zoning change, a community design plan appeal, a height exception and the site plan. Mr. Miller reviewed a Future Land Use Map. The site has a current designation of local retail commercial. The zoning map reflects the current zoning as C-3. The applicant proposed to change from local retail commercial to a mixed-use category for the land use, and changing the zoning from C-3 to Mixed Use Low 2 (MU L2). All of this conforms to regulations, codes and the Federal Highway Corridor Map. He identified the portion designated for the MU L2 zoning district and pointed out the proposed site was within the MU L2. He explained the maximums contained in the MU L2 chart showed the maximum building area was 78,000 square feet or more and the proposed building had 42,217 square feet. The density was 37.5 dwelling units per acre and the maximum number of units was 45. The height was 65 feet on the west side of the property, adjacent to 4th Street, and 100 22 Page 141 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 feet fronting on Federal Highway. The only thing that did not conform was the 65 foot height limitation on the west side of the property. The building to the east was an office building. The proposal was a mixed-use development proposed for three stories, 40 feet tall, having 11,000 square feet. Mr. Miller explained the site plan reflected a mixed use project. The definition of mixed use in the Code included horizontal and vertical mixed uses. The project was a horizontal mixed use. The building on the west side was an apartment building having multi -family residential at 28 units to the acre, and was seven stories and 65 feet tall having slightly over 35,000 square feet. The nursing home was approved for 63 feet high and the building frontage on Federal Highway allowed 65 feet. From a land use and zoning standpoint, the parcel just south has the same mixed use land use and the same MU L2 zoning. Access was by 5t" Avenue south, with parking in the middle of the project. Staff and Mr. Miller agreed to sustainable parking. It is a reduction in parking to promote more sustainable methods for alternative means of transportation. The project included covered and secured bicycle and scooter areas. Compact charging stations were included and Electric Vehicle Charging (EVS) stations were included in compact parking. From a sustainable construction standpoint, the parking area would be a light grey concrete as opposed to asphalt which is less absorbent of heat. The buildings would have white roofs, energy efficient windows, HVAC and more. There would be a plaza in the front area of the building, which is part of the Code and at the request of staff. It was a two-tiered level of plaza. It also provides for visibility on Federal Highway in conformance with the City and the Department of Transportation regulations. A new bus shelter would be included on the south end of the office building to accommodate an existing bus stop, finished in the same architectural style as the other buildings in the development. A second small plaza area was located at 5t" Avenue and 4t" Street. The southern side has a cabana and pool amenity for the residents. There are 84 parking spaces within the site. The office building is open typical business hours which is when the majority of the residents will be gone and working. In the evening, the residents come home and the office is unoccupied. The office building alone, if completely occupied, requires 44 parking spaces which leaves 40 extra for the residents to use. In the evening, the multi -family building would generate 50 parking spaces. There are 34 spaces on site available for overflow. The Code permits adjacent parking spaces to be included in the project's required parking, which added an additional five spaces. Mr. Miller commented the subject property is in an area that is becoming more urbanized and needs alternative transportation. Part of the Code that is being amended would allow parking spaces on the opposite side of the street of abutting roads to be 23 Page 142 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 included in the parking calculations. Mr. Miller advised to satisfy the Code for contingency, a center island can accommodate eight additional parking spaces, but it is currently used as open space. The Sustainable Parking Code requires 94 parking spaces, and there are 102 spaces. He also noted a reduction in parking promotes walking, cycling and other alternative modes of transportation, and the location is within the Transit -Oriented District being within a half mile from the train station to the north. Commissioner Casello asked if there was a median on 4th Street and learned there was, and the median was new and in good shape. Vice Mayor McCray asked if the client would consider enhancing the median. Mr. Miller explained there were some items within the conditions of approval, such as a $16,600 payment to the City for Recreation and Parks, and did not know if those monies would be applied to the median. There were other conditions that would address other external improvements that are being requested. The median appeared to be in good shape and he thought money could be spent elsewhere. Vice Mayor McCray noted the mulch on the median washes out. Mr. Miller agreed to review the median and discuss it on second reading. Mr. Miller explained a Community Design Appeal is an appeal for a circumstance that does not fully comply with all the requirements of the Code. The Code wants the buildings to stretch from property line to property line on Federal Highway and 4th Street. There are three areas that do not comply with the build too line. The desire of the Code is the buildings be up on the street between zero and ten feet. The first area was on the northeast corner of the site by the plaza area where it was over 20 feet. It provides for the plaza, a handicapped accessible ramp and a planting area where the art feature would be. The south end of the project has an easement in the corner for the water and sewer connections which they cannot build over. Additionally, the bus shelter abuts the corner of the building and pushes the building back 14 feet. Another area in the southwest corner of the project has the cabana and a rail fence with landscaping, which was supported by staff. Mr. Miller explained the project is 65 feet tall, and the measurement extends to the roof deck for a flat roof. The Code also allows a five foot parapet. The area with the height exception is the middle area of the building to accommodate an elevator shaft. The area for the elevator shaft is set back and a height exception is permitted by the Code and per the Code, a line of sight diagram reflected that the rooftop mechanical equipment is not visible from a distance of 600 feet from anywhere on the building. The purpose of the parapet is to provide screening of the mechanical equipment. The height of the building with the screening parapet was 75 feet. Mr. Miller reviewed the elevation and advised Jim Williams, the architect, was available to answer questions. Mr. Miller explained they anticipate using green construction standards. Staff also wanted parking shade coverage. A planting plan showed, at maturity, trees will provide 45% of the shading in the parking lot in addition to construction techniques. 24 Page 143 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Mr. Miller requested the City Commission consider some changes. Lighting would be installed for the development and along 5th Street. The way the condition was written, it indicated the client had the sole responsibility for lighting, but they will coordinate with the City and FPL and City staff agreed with the change. Commissioner Casello left the dais at 8:38 p.m. Condition 7 pertained to a water line that is along Federal Highway. The property is 150 feet wide from north to south and staff requested Mr. Miller look at that section of pipe. If it is in poor condition, they would replace it. Mr. Miller explained there are impact fees and taxes paid to address the condition and it should be a City responsibility. Additionally, it is such a small component of the three miles of Federal Highway right-of- way, he was unsure how long the pipe goes and if an improvement needs to be made, it would be better for the entire pipeto be looked at and dealt with on a City-wide basis as opposed to piece -by -piece. Commissioner Casello returned to the dais at 8:40 p.m. Condition 9 pertained to fire hydrants and two fire hydrants would be part of the project. One hydrant would be installed on Federal Highway and would be a new fire hydrant. The other existing fire hydrant was on the northwest corner of 4th Street. It is operational and functioning fine, but it was not the new model. Mr. Miller requested they not be required to remove the older functioning fire hydrant as the cost of removing, installing a new fire hydrant, and the design and permitting connections ranged between $20,000 and $30,000. The last condition was 15, which pertained to the architecture. Staff requested they remove some of the landscaped strip along the sidewalk on Federal Highway on the front of the office building. The sidewalk is currently seven -feet wide. There is also a grade change from the sidewalk to the property which would be difficult. Some areas would be removed and paved. The reason staff requested the site provide shade and shelter was for pedestrians and that the landscaping be clustered at the corners of the building. There is a bus shelter. An indented area in the middle of the building is covered for shade and shelter and the main entrance on the north end of the office has another covered area. There is a place for pedestrians to stop about every 20 feet should there be rain. Mr. Miller noted 20 feet was about the length of a parking space and he did not think it was necessary. Mr. Miller also pointed out the building was an office building and one not where pedestrians could peer inside the office window as opposed to retail store. It is a different use. Condition 15. B pertained to the western side of the residential building which faces 4th Street. There are two ground floor units that have private patios. Staff wanted to extend them to have a greater connection to the street and change the doors from a 25 Page 144 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 sliding glass door to French doors. Mr. Miller advised his client preferred to keep the doors secure. There are entrances to the building on the parking lot side, there is also a concierge service inside with a front desk, and the apartment project would be secured all the way around. Security for the office and residential buildings will have 24/7 property management on site and surveillance cameras throughout the entire project. Mr. Miller thought it would be better for the residents to have a secured patio area as private space and not invite the public into their units by having them so close to the street. Vice Mayor McCray noted the Federal Highway Corridor Plan was approved in 2006 and asked if what was proposed conformed to the plan. Mr. Rumpf explained the main thing voted on in the plan was the allocation of zoning districts throughout the corridor, and it divided the corridor into four districts. The subject district was recommended for MU L2 which is the zoning district being requested. Vice Mayor McCray noted there are new Commissioners who may not be aware of what was in place prior to their election. Citizens may complain to them, but the plan was in place for over 10 years. He requested Mr. Miller expound on the assisted living building approved for 63 feet. It was taller than the 40 foot office building. Mayor Grant asked if the 63 foot height included the elevator shaft. Mr. Miller explained there was a similar height exception to cover the mechanical equipment and the parapet, but it is measured the same way to the roof deck. Commissioner Casello inquired if the building was 63 feet in height plus five feet for the parapet and five feet for the elevator shaft. Mr. Miller did not recall if the equipment went above the five-foot parapet. Commissioner Casello asked if the plan fit into the new CRA Comprehensive zoning and Mr. Miller responded it fit the Federal Highway Corridor plan very closely. In some instances the height was increased from what the District proposed. Commissioner Casello asked about the EVC stations noting Mr. Miller had verbally agreed to run conduits along each side of the parking lot. Mr. Miller explained the requirement is to provide one charging station and they will provide two. As more electric cars are used, the conduit is there and management of the property could install additional EVC stations. Commissioner Casello asked who would construct the project and learned the project has not been bid. The goal is to find local contractors and laborers to work on the building. Vice Mayor McCray expressed groups come in and say the City is not doing what was requested. He noted Sterling Village always maintained they did not want the project, but now they will have an assisted living facility. When he is approached by citizens, he asks them if they are aware of what is already in place. 26 Page 145 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Romelus was concerned about the future use of the facility being used for a drug rehab facility or the like. She asked if that could be a condition of approval and Attorney Cherof responded it was not a permissible condition of approval. Vice Mayor McCray asked if the project was intact and if the client would agree to the conditions of approval. Andrew Mack, Development Director/City Engineer, explained staff was recommending approval as presented. The applicant differed on the water main and fire hydrants, but the rest was fine. He would also speak with Mike Rumpf and Ed Breese about the shading on the building. Staff recommended approval and it was consistent with the Federal Highway Corridor Plan. Mayor Grant asked about the condition of the water main along federal Highway. Mr. Mack explained 500 Ocean actively replaced the water main adjacent to their property, and this is consistently done when the projects redevelop these areas. Mayor Grant understood there are two water mains to choose from. One was a water main along 4t" Street and the other on Federal Highway. It would be shorter to connect to the main on Federal Highway. Mayor Grant asked if they would be required to pay to dig up Federal Highway and to stop the traffic. Mr. Mack explained any connection or traffic maintenance that is required to construct the improvements is borne by the developer. Mayor Grant asked if there was anything before 500 Ocean regarding the water mains on Federal Highway. Mr. Groff explained the Utility Policy requires, when a developer builds on a site, if the adjacent infrastructure is not adequate to accommodate the project due to age, condition or size, the developer is required to upgrade and/or change it. Nearly every project would incur this cost, unless it was on a brand new system or a new development. Mayor Grant asked if the property to the south was responsible to replace their main. Mr. Groff replied he would have to review the property. Mayor Grant asked if the City was requiring one property to replace the water line, but not the property to the south. Mr. Groff explained starting two years ago, the answer would be no, but he did not know what was approved eight years ago. It also depended on where they were making the connection, but it was a standard practice. 500 Ocean was one project that replaced the water line and Casa Del Mar was replacing several. The existing lines are old and brittle and would likely break the line if working within 20 feet of the line. Mayor Grant asked what would occur if they fixed the line and then the north or south property line broke. Mr. Groff explained if it is determined it is due to their construction, the City would pursue third -party damages and try to recover the costs. He explained if it was something that was broken, off the site and not associated with the construction, the City would make the repair. Mayor Grant's issue was all the water lines along Federal Highway need to be replaced. Mr. Groff explained a lot was already replaced. Mayor 27 Page 146 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Grant wanted to check to see what was south of the property. Mr. Groff agreed to check. Commissioner Casello asked the size of the water line along Federal Highway and learned it varied between eight and 12 inches. Mr. Groff thought it was an eight inch asbestos concrete line. If it needs to be increased, the City will cost share with the developer based on the formulas contained in the Code. Commissioner Casello asked if it was a concern the lines along Federal Highway are pieced with old and new lines. Mr. Groff responded the City has a project in the 15 year plan to replace what has not been replaced along Federal Highway, but it was not in the first five years. He explained it was typical of what they do all over town. They develop and replace pieces of it. They do not want to have a new development and then have to open the entire road in front of the development, when new sidewalks have to be torn up. The idea is to replace the line while it is open. The sections the City would be addressing are the older sections. Vice Mayor McCray asked if the City was cost sharing with 500 Ocean and learned the City was. The developer paid for most of it, and the City paid for a portion of it because the City needed to upsize lines for future development. Future developments will pay impact fees and the City will recover the shared cost. Mayor Grant asked if there were newer hydrants on SE 4t". Mr. Groff explained there are 300 new hydrants in the system, but did not know if they were on SE 4t Street. Any new development is required to use new hydrants. The City replaces 50 to 70 hydrants per year with the new hydrants that are more secure hydrants for water quality and for protection. They cannot be opened during the summer when it is hot. Vice Mayor McCray was concerned there was an old hydrant on one corner, a new one on the other corner, and asked if the Fire Department could use either. Mr. Groff explained the wrench used on the new hydrants will work on the old hydrants, but not in the reverse. Each fire truck has the new wrenches and they are serial numbered. The Department knows who is assigned to the wrench. There are also spares. Vice Mayor McCray noted Chief Glenn approved of the wrenches. Commissioner Casello noted a condition of approval was both hydrants would be new and learned the developer would only replace the old hydrant. Mr. Miller commented the water line was not required to be replaced as part of the assisted living facility. Mayor Grant thought because the City was not asking the property to the south of the project to replace lines, that they would not ask this property, because they are trying to build at the same time. Commissioner Katz noted the developer did not want to take on the additional cost, although it has been the past practice for the last two years. He did not want to make an exception to the precedent. m Page 147 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Mayor Grant received a letter from the Florida Department of Transportation (FDOT) indicating Federal Highway will be replaced in two years. Ms. LaVerriere clarified the FDOT project was an overlay paving project, no sidewalks would be addressed. Mr. Groff explained this was a condition of the site plan and they do not conduct a detailed review of the project. Once staff reviews the project things can change. Staff asks the condition based on what is known. If the detailed review shows the pipe is PVC, it would not need to be replaced. Currently, based on the maps and known history of the infrastructure, staff believes if the developer tries to connect to the line, there would be major issues. If it is not needed, it does not have to be required. The detailed staff review is held after all the approvals are given, and the condition adheres to the City's policies and ordinances. Mayor Grant opened Public Hearing. Richard Tufano, 205 A N. High Point Boulevard, commented he could walk to the project and he noted there was a review of the Consolidated Plan. The Commission has the right to decide the height of the project, and he hoped it would be scaled down. The residents were promised if they agreed to the higher central core area, that it would not flow into the other areas. He commented the project is high by two stories from a bulk, height and parking standpoint. Las Ventanas was five stories and this project would be oversized. There are one story single-family homes to the south, a public park and parking on West 4t" Street is partially for the park, which was heavily used. He requested the City Commission consider the project carefully and think about the precedent they would set by allowing the height restrictions to creep down the highway. He commented a speaker earlier in the meeting discussed nodes and he agreed with the points made earlier. Residents do now want a high-rise effect to continue down Federal Highway. No one else coming forward, Public Hearing was closed. Mayor Grant commented the project was a mixed-use project and the City would receive sorely needed office space on Federal Highway and in Boynton Beach. He hoped if office space sold out in the project, there would be more office space, because office space means higher paying jobs. As for conformance with the plans to be built, if they do not adhere to them, they would create an eyesore. He supported the plan. Attorney Cherof explained the Commission should address each ordinance separately and he had only read Ordinance 16-012. Motion Vice Mayor McCray moved to approve on first reading. Commissioner Katz seconded the motion. 29 Page 148 of 441 Meeting Minutes City Commission Boynton Beach, Florida Vote June 21, 2016 Interim City Clerk Pyle called the roll. The vote was 4-1 (Commissioner Romelus dissenting.) Attorney Cherof read Proposed Ordinance 16-013 by title only on first reading. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 4-1 (Commissioner Romelus dissenting.) Attorney Cherof recommended Items E, F and G be tabled so their approval would coincide with the second reading of the foregoing ordinances. Motion Commissioner Katz so moved. Vice Mayor McCray seconded the motion to table. Vote The motion unanimously passed. E. Approve request for a Community Design Plan Appeal (CDPA-001) of Chapter 2, Article III, Section S.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) F. Approve request for Height Exception (HTEX 16-001) to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items - (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) 30 Page 149 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 G. Approve request for New Site Plan (NWSP 16-002) for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion of Quantum Park Overlay District requested by Commissioner Katz Commissioner Katz explained concerns were raised and he reviewed the history of the Quantum Park Overlay District and the finances to operate the District. He concluded some changes could be made to improve the quality of service to lower the overall cost which would benefit residents that live in the Overlay District. The City Attorney prepared information regarding what steps to take and what the Commission's rights are as the entity that created the District about 10 years ago. Attorney Cherof explained in December 2014, there was a request from the attorneys from Olen Properties Corporation that the City Commission consider either removing the Board members on the Overlay District at that time, or dissolving the Board and the City assume the responsibility for the activities the Board was responsible for. He noted the process for allowing a rebuttal to the request had started, but was tabled and the issue remained dormant since the beginning of 2015. Attorney Cherof recommended that if the City Commission wants to address the issue about the best outcome of the activities of the Quantum Park Overlay District, they resume the process and allow the parties to renew to the new City Commission what their positions are about either replacing Board members, dissolving the Board or allowing the Board to continue in its current capacity. He recommended that presentations be made and suggested 20 to 30 minutes for each side of the debate occur at a future time. Commissioner Katz requested this item be put on the second meeting agenda in July to give the parties time to prepare and bring back their positions. Attorney Cherof agreed it would provide a fair amount of time for the District to make a presentation and for him to provide the legal options regarding the Overlay District Board, its operations and what the City's responsibilities would be if the City Commission discontinued the Board. 31 Page 150 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Motion Commissioner Katz moved to remove from the table. Mayor Grant opened public comment. Marty Perry, Attorney for the Quantum Park Overlay District, commented the issue arose and a presentation was made on behalf of Mr. Olenik. They were not afforded or prepared at that time to provide a response to their comments. He did not oppose making a presentation in July, and would consult with the Board. Vice Mayor McCray left the dais at 9:15 p.m. Attorney Perry suggested to Commissioner Katz that the District Manager, would be happy to meet with the City Manager and any member of the City Commission to review the District's budget. Attorney Perry explained his understanding of the issue was whether or not there was double taxation, noting the District maintains a strict budget and is responsible for a significant amount of maintenance within the District. City taxes are not applied to any of the maintenance, and if taken over, the City would assume the responsibility for about $500,000 in expenses annually that is paid by the District and the taxpayers in the District without the support of any other taxing entity. Additionally, there is about $2 million in debt which was incurred for capital improvements that were made to the roads that were then conveyed to the City and the City would have roads they would not have to maintain for a period of time. He commented they could discuss their position during a period of rebuttal, but it could be done via meetings with the City Manager and the City Commissioners. He recommended the City Commission review the budget. Vice Mayor McCray returned to the dais at 9:16 p.m. No one else coming forward, public comment was closed. Mayor Grant did not think the City should take on more debt, and if they tried to take it on, they issue a special taxing district which was occurring. He thought they were doing a good job and there was no reason to move forward. He thought they could review the issue when the bonds are paid. Commissioner Katz clarified the logic is the City taking over operations could reduce the cost of operating the Overlay District, which would allow the City Commission to bring in extra funds and pay off the debt in a much quicker time period. If the City Commission could more efficiently operate the services provided by the District, it will save money which will be applied to debt finance, eliminating the debt faster, and the City Commission will not be taking on any additional debt that they would not be able to pay through the same funding process. He explained the City could operate the area at a cheaper cost since there are duplicate services. He sought to eliminate redundancy in 32 Page 151 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 government and Commissioner Katz thought if there was a more efficient way for a government to operate, the City should pursue those options. Mayor Grant opposed the idea indicating the City would not receive any funds if they operated an overlay district because a special taxing district would have to be created for them, and it was unknown if the Board was operating the District any more efficiently than the City could. Commissioner Katz commented he was looking for transparency and the ability to make a determination. He thought not addressing the issue would signal the City Commission does not care about finding a more efficient system. Motion Commissioner Casello moved to address this issue and have both parties present to present the case in 20 to 30 minutes and make an informed decision at that time. Commissioner Katz seconded the motion. Vice Mayor McCray requested the City Manager and City Attorney gather information and provide it to the City Commission before the presentation,. Vote The motion passed 4-1 (Mayor Grant dissenting.) B. Discuss the current City's position of requiring private canals to be maintained by the owners of the canals. Requested by Commissioner Romelus. Commissioner Romelus explained residents wanted to speak to the issue, which was ongoing, and there was a communication break -down. She wanted the City to provide direction how this matter would be handled in the future. She explained there was a situation with Lake and Diane Drive and the adjoining canals abutting Delray Beach. The City had maintained the canals for the past five years. There was a temporary easement to allow the City to maintain the canal which ended October 2015. When the period ended, there was a communication break down and the City was communicating with an individual who held himself out that he represented the entire community as a whole. Vice Mayor McCray appreciated Commissioner Romelus raising the issue. He recalled this has always been a problem from the time he began as a Commissioner. He favored bringing closure to the matter so the City and the citizens will have direction and the matter will not repeat itself. Each year, the issue repeats when canal problems start. Beverly Agee, 832 SW 33rd Place, Plat 4, explained her property was located south of Mission Hill and east of the E 4 canal, which is supposedly maintained by the Lake Worth Drainage District. She thanked Commissioner Romelus for putting the item on 33 Page 152 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 the agenda to provide the City Commission with information. A workshop was held May 23rd, but the residents did not have the opportunity to give the entire Commission all the information they have. She extended greetings to all on the dais and acknowledged Vice Mayor McCray's comments, pointing out this was the third time she spoke on the issue in the 18 years she lived in the City. Each time, the City Commission cleaned the canals. She explained although the agenda listed this item as cleaning of private canals, the City has cleaned the canals for 44 years, since 1972 or 1973. She advised she would submit Lake Eden Plat 4 and Lakeview Harbor. She commented there was no issue with Lake Eden Plat 2 because there are no canals. She got involved with the issue in 2002 and she was going to provide information, but realized it was already part of the City's records. She contended the canals are public to be maintained by the City. The definition for it to be public and maintained with public funds is the canals are open and used by the public as opposed to a private situation where the public has no right to travel. Every case she reviewed about maintenance involved roads, not canals. The residents know the public uses the canals and they are public because they have not been told the public cannot use the canal. The residents have not blocked them or installed no trespass signs. Ms. Agee was surprised about the notice issue as residents did not receive notice. In 1969, the City said they would not develop any more projects and if there are canals, they must be private. The canals for the two projects she previously mentioned were maintained although they were private. She explained individuals called their Commissioners, the Public Works Department and the City would use pellets or spray the canals in the 1970s. She referenced two documents from 1973 and 1982 wherein the City agreed to spray. Ms. Agee noted there were meetings held in 2002, one at a church on Seacrest and another at a City Commission meeting and the Commission agreed with former City Manager, Kurt Bressner, that there was a public interest in maintaining the canals. There were no licenses between 2002 and 2010. In 2010, the City indicated they wanted a license from the residents, which many gave and the City maintained the canals for another five years. In December 2015, the residents were not officially notified. Ms. Agee thought the residents should have received a letter indicating they should speak with the Commission because the City was no longer maintaining the canals. She explained the residents that would speak are bringing evidence of a public nature and asserted people use the canals and it did not matter what the documents say. Public bodies cannot appropriate funds without a reasonable and adequate public interest. She advised there is a reasonable and adequate public interest. Ms. Agee explained plats are documents the developer has to file. Plat 4 pertained to her property and she noted the following language is used, "Canal easements shown herein are not part of the Lake Worth Drainage District, and the canals within said easements are for the use of the adjacent thereto and are not to be obstructed." She explained the language would not permit them to install no trespass signs. She 34 Page 153 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 commented the Grimes Manufacturing Company that built Plat 4 indicated the Grimes Manufacturing Company has caused the platted area to be surveyed and platted as shown hereon, and hereby dedicates to the perpetual use of the public, the rights-of- way and easements shown hereon for the purposes expressed. Ms. Agee explained the residents were not given notice they were supposed to maintain the canals and given notice that they were public. She noted the language pertained to Plat 4. She explained there was a difference in the plat for Lakeview Haven. Those residents were notified as the builder told them through the plat that the residents were responsible for the canal. Ms. Agee explained it did not matter, because the City agreed in 2002 and 2010 that both plats would be treated the same. She reiterated the City did not provide notice, it was detrimental to the residents, and it was egregious. Mayor Grant inquired if the residents were suing the City and Ms. Agee replied they were not at that stage, but the residents wanted to talk. Ms. Agree explained she is an attorney and she was trying to speak to the Commission. Mayor Grant explained she could set up meetings and the City was trying to hold its meetings. He noted she spoke for over eight minutes. Commissioner Casello thought Ms. Agee should speak. Commissioner Romelus apologized to Ms. Agee on behalf of what had just occurred and asked her to continue. Ms. Agee explained there is the argument of estoppel which she tried to make in 2002. The City is estopped from arguing the canals are not public. Mayor Grant left the dais at 9:32 p.m. Ms. Agee explained the issue of the public and estoppel pertains to the Florida Constitution which requires public monies to be used for public interests and ventures. She argued this year the residents have an issue of estoppel. Ms. Agee explained when she raised estoppel she was told there is no estoppel because there was no damage. She explained there was damage as they did not receive notice, and by lack of notice, the residents did not realize the City changed their position and would not maintain the canals. She commented the doctrine of estoppel is applicable when property owners rely on good faith upon an act or omission by the government has made a substantial change in position and it is highly inequitable. She noted she found some case law that indicates in Florida, estoppel can work against a government entity, when they relied in good faith on the City cleaning the canals, as they did it for 44 years and since 2002. The City made an act or omission by not sending formal letters to residents, and by not notifying someone who claimed they represented the City. She advised she represents herself, not the City or the homeowners. She explained the omission occurred in January when the license terminated by operation of the agreement, and no one approached residents about renegotiation the license or discuss another method. She explained the residents are interested in working with the City, not suing them, and requested the City understand the position of the residents. 35 Page 154 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Ms. Agree explained the canal was a substantial problem for them as the canal has weeds. She explained there was no way for the public to use the canal at the present time or get the boats out. The residents reacted in reliance of what the City did for 44 years and in that reliance, the residents are troubled the City did not notify the residents. She claimed it was unjust to the property owners to make them pay for canal maintenance and emphasized how important the issue was to the residents. Jeff Shelnut, 752 SW 33rd Place, a marine biologist with studies in coastal zone management, was disappointed in the City because they were not given notice and it created a health risk for the county because it creates a breeding ground for mosquito borne illnesses. He noted there are fish that eat mosquitos that land in the water and lay eggs, but they cannot get to the top of the water. He thought the matter could have been easily addressed. He commented when the City realized it "messed up," they should have sent notices and met to talk about the long-term situation. He noted the issue was lingering for a month and now it was summer and the vegetation would soon cover the entire lake system regardless of how much is sprayed. He commented they would take care of it and they will do it, but he cautioned the City Commission what was done was opening a Pandora's Box. For 44 years, there was never an issue and the canals always had an unencumbered use as was with the lake system. Mayor Grant returned to the dais at 9:39 p.m. Jean Cairo, 822 SW 33rd Place, lived at the property for 17 years and the City took care of the canal the entire time. Each day boats use the canal, and people fish, kayak, and jet-ski. The residents do not have a HOA and the canals have always been handled by the City. It had never been put in their lap and she had not received a letter or anything, only that there was a clean-up in progress. Stefanie Blais, 3408 Diane Drive, thanked the City Commission for adding the item to the agenda and allowing the residents to sit in Chambers for three and a half hours. She thought it was rude of Mayor Grant to make that comment to Ms. Agee, and thought he owed her an apology. She and the residents met on May 23rd for a meeting and were now dealing with new faces who needed to hear the history of the matter. She lived at her address for 30 years. She did not mind having jet -skiers and bass fisherman coming down the canal at 7 a.m. She likes to sunbathe and has an open seawall. Water enthusiasts cannot use the canal and she did not like the way it looks. She asserted it was a health hazard. Birds walk across the canal and they do not know if there are alligators in the canal. She reminded all of the alligator tragedy that recently occurred in Orlando. She thought the City was taking on the liability of something happening on the canal. The vegetation is thick and wildlife and other disease carrying animals cross. She did not think anyone would want people getting sick on their hands because of the canal situation. Guisippe Barbalacko, a resident of Diane Drive since 1989 explained the canal was always clean and his children would swim and water ski in it. He commented it is a 0 Page 155 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 mess and the water is starting to stink. He noted last week, the City sent a worker to clean up by the culvert, and someone stretched a net across the canal to stop the debris from travelling. Yesterday he stuck a stick in the culvert and there is about a foot of sand inside the culvert, which is why the weeds do not flow. Robert Gallik, 3724 Diane Drive, explained a Palm Beach Post article indicated Mr. Groff said not all residents were notified. He was not notified nor did he know of anyone on his street that was notified. He claimed the canal was a public use and he does a lot of bass fishing and has been down the other four canals. He guaranteed boaters entering the canal from the bridge area, if told the canal was private, would ignore the issue and travel on through. Mr. Gallik expressed all the canals as public and everyone who uses Lake Ida considers them to be public. He advised he is trying to sell his house and he is asked if the canal looks the way it does all the time. A new neighbor noted the canal was not in the same condition it was four months ago. He commented raccoons are not walking across the canal, but there are birds. Mr. Gallik owned his lot for 28 years and built on it 12 years ago. He thought there was a loss of property value if the canals continued in their present condition and if the City maintained the canals for that long, they should continue to maintain them. He thought the City could speak with Lake Worth Drainage or Palm Beach County because they may be able to assist in addressing the canals because the weeds flow down Hunters Run Canal, go to Lake Ida and then enter the canals. Once in the canals, all the run-off and fertilizer coming from Hunters Run fertilizes the weeds that get trapped and cannot flow and continue to grow. Since the City allowed that to happened, the canal cannot be maintained easily. He commented the canal was full. He understood the City made some sort of a deal with one of the homeowners and put him in charge as the director of the clean-up on Diane Drive canal. He noted there was City equipment removing weeds on the other side and he noticed someone strung a net across the canal to keep it clean so their homes are not impacted. Mr. Gallik emphasized the City needs to maintain the canal as they had previously done a good job. Commissioner Romelus commented the residents spoke about communication and she requested Colin Groff explain what occurred. Mr. Groff responded the City became aware in December 2015 that there was a five-year licensing agreement that expired and there was no longer a temporary easement to allow City staff to spray the canal. He became aware of that in December 2015 and it was discussed internally. Staff started meeting with residents. He commented hindsight was important and he wished he sent a letter, but it was not a requirement. There was a signed agreement indicating the term was five years. The City met with at least 15 or 16 different residents on Diane Drive in January and other residents from the other drives. At every meeting, staff was told those attendees represented the neighborhood, but in hindsight they were not and they were not telling everyone what was occurring, while staff thought they were. There was a detailed document prepared in 2009 by City staff for the City Commission on the matter. After reviewing all the documentation, it was very clear that the canals were private property, just like roads in many subdivisions in the City, just like other canals in the City, as there are several private canals. The recommendation from staff, because 37 Page 156 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 it was a big issue across the City at the time in 2009 and 2010, and because the City had to address the City owned canals, they would address them all if the residents signed the five-year license, which was done. When staff looked at the issue in December, the law was very clear, it is private property, and the City could not expend funds on private property. As to the question about the public use, Mr. Groff explained there are many roads and canals the public uses, but the City does not pay to maintain. The public drive the roads every day but the homeowners maintain them. Staff reviewed the information which caused the communication problem. Staff thought they were communicating with the neighborhood. Mr. Groff attended seven or eight meetings in the field with different homeowners. Mr. Gallik explained the Palm Beach Post article came out and responded to the article online saying higher taxes are paid by residents that live on the canals and the City benefits from the tax dollars. The great fishing and water sports are used by the citizens of Boynton and Delray Beach. The canals are not land locked and are public use canals. The City could use some of the higher taxes paid for these residents to maintain the aquatic growth that flows in from the Hunters Run drainage canal. Runoff from western communities travels down through Hunters Run Canal into Lake Ida along with the weeds. He also posted it on Facebook. Ben Suskind, 3418 Diane Drive, explained during the past week he begged and asked neighbors for help. He believed the best way to move towards progress was action. What he accomplished by himself was done with his money to help alleviate part of the problem. He spoke with Mr. Groff, who indicated the City could assist a bit, but he could not move funds. Mr. Suskind explained he would use his time and his employees on the water to do what could be done. The net across the canal is between his property and the owner across the canal as he owns the canal up to his neighbor's property across the canal. His plan for the next day was to move the net another 20 feet. So far it has been a couple boats, gas, equipment and supplies have been used. He had two bids from Aquagenics and another company to clear the canal. He proposed to write the check. If anyone would sue the City, it would be him if he fronts the funds and the City does not response. If he writes a check for 50%, he would seek the entire amount from the City. Mr. Suskind explained Mr. Groff had advised the City would help out a little bit. They worked hard for a week and made slight progress and also upset more neighbors, as they cleared four houses and there are 37 on the canal. His background is in property image. The ensuing damages from the canals are horrible. He commented in reference to complaints of boats and jet skis, his were broken. He was not requesting the City fix his "toys" only the waterway that belongs to the City. Ms. Agee appreciated what Mr. Suskind did for Diane Drive, but pointed out he claimed he was operations manager and that Mr. Groff made him the operations manager, and W Page 157 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 he used City employees and trucks to remove some of the weeds from the culvert which is a City right-of-way. She pointed out he could not do so with Plat No. 4. If the residents would do anything, they would not work through him for Aquagenics. The residents preferred to work on it themselves or with the City and the residents believe the City should address it based on 44 years. Ms. Agee appreciated what was done for Diane Drive, but it was not her canal. Commissioner Romelus commented Mr. Suskind decided on his own to address the vegetation and does not represent the residents. The City did not request he do so. Mr. Groff assisted by sending City employees to the right-of-way to collect the weeds as they were pushed there. Mr. Groff agreed and explained City Ordinances with sanitation has a rule employees will pick up debris residents place in their yard, and vegetation is debris. When it gets down around the culvert, City staff cleans it and hauls it away if it is in the right-of-way. Mr. Groff also mentioned there may be some issues on the south side of the bridge the City could assist with that is on public property, which may alleviate most of the problem. The City is working within the rules and regulations it has to try to help all neighborhoods as much as possible. Commissioner Romelus had requested Mr. Groff contact the Inspector General what their position is if the City spent public money on the property. Mr. Groff explained the Inspector General does not give specific answers, but his advice to the question was he would highly recommend not spending public funds on private property, with the caveat there is extenuating circumstance, such as public safety. Mr. Groff noted residents were claiming there was a public safety issue. Staff examined the issue and did not believe it was a public safety issue. This was one location in the City out of several that experience the same situation. The City will work with residents within the Statute. Mayor Grant asked if the Statute was new and if the City maintaining the canal from 2010 to 2015 was within the Statute. Attorney Cherof explained the last time the City maintained the canals after a search of the title records to determine which canals were private and public, the City Manager at the time made the evaluation, which he recommended at a Commission meeting that he could determine there was a public purpose for cleaning the canal for a period of five years. The property owners had to consent and sign documents that would allow the City to enter private property. Everyone understood five or six years ago, that there was a five year clock. Mayor Grant inquired if they could extend the clock one more year. Attorney Cherof responded they could not. There is no dispute the canals are private property. Attorney Cherof explained one thing left out of the discussion about the plat is the plats contain language that very clearly says the responsibility for maintenance and weed cleanup belongs to the private property owners. To extend it for an additional year, the City Commission will have to make a determination that there was a public purpose, as Mr. Groff had alluded to, as something of the nature of an emergency or public detriment and if challenged, a private property owner elsewhere in the City may want 01 Page 158 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 the same thing done to their property. The only body that can make the determination of a public purpose is the City Commission, not the City administration. Mayor Grant asked if the City Commission made the determination there is a public purpose to clean the canals for one year, it would be legal. Attorney Cherof responded as long as the City Commission identified what the public purpose is and there is a justifiable factual basis for doing so, they could. Someone on the City Commission would have to make an argument for it based on fact and the majority of the Commission would have to agree. Commissioner Romelus explained the public purpose the residents were referencing was their property taxes. Their property values are decreasing and they are being affected. Attorney Cherof explained that was not a public purpose. He noted a comment made that they pay additional taxes, and they should get an additional benefit or service from the City. He clarified there is no legal basis to that perception, as it means that affluent individuals that own homes with higher property values would be entitled to more services than those who do not have that level of property value. Mayor Grant noted there were flyers in the back regarding Zika, and he proposed, based on the Zika virus affecting south Florida, he declared it was a public purpose to clean up the canals. Motion Commissioner Romelus moved to extend the clean-up effort for one year, and it be very clear the City will not continue past that point. She also requested contacting the County to establish a Municipal Service Benefit Unit (MSBU), so in that one year timeframe while the City is addressing the canals, the residents can continue the effort thereafter, and the City Commission does not have to continue to deal with the issue back and forth every single year. Attorney Cherof requested she add to the motion that the property owners provide the requisite consent to enter onto private property to do that. Commissioner Romelus amended her motion to add the language as stated, and also a few months or weeks in advance, the City provide proper communication to each and every resident through a paper letter that the City Commission is done and the process is ending. Mayor Grant asked how much notice and Commissioner Romelus responded 60 days' notice. Attorney Cherof explained they could provide the 60 days in the consent document and eliminate the need for the additional letter. Mayor Grant preferred to send the extra mailing. Commissioner Casello noted Mr. Groff had indicated there are other privately owned canals with the same issue. He asked if using the Zika virus as a public purpose, if the 40 Page 159 of 441 Meeting Minutes City Commission Boynton Beach, Florida .lune 21, 2016 other private canal residents could appear before the City Commission for the same service. Mr. Groff explained there is an agency that sprays for mosquitos and the City could contact them. Commissioner Casello received confirmation from Mr. Groff the City could address the mosquito problems without cleaning the canals. Commissioner Casello thought it was a slippery slope. The City cleaned the canals for 44 years, and pointed out when the residents signed the agreement five years ago, it indicated it was only for five years and it served as a notification. He was not comfortable cleaning private canals under the banner of Zika. Commissioner Romelus commented the City was not cleaning, they were spraying, and according to documents, the City was only spending about three thousand plus dollars to do so over a year. Mr. Groff explained there were two different subdivisions with five canals in total and one canal in the Lakehaven Subdivision and the other was Lake Eden Estates having four canals. The estimates were $3,600 for the four canals, and $3,600 for Lake Eden because they had about the same canal length. Mr. Groff commented two of the canals were already being sprayed by the neighborhood, as they collected money and hired a contractor. He was unsure how the City would handle the matter. There are issues of property access. He explained cleaning the canal and Zika were two different issues. Mayor Grant thought it would fall under prevention, to remove potential mosquito breeding sites. He thought any time a virus could affect citizens, it would fall under public safety. He was aware there is state and federal funding available to help eliminate public safety issues. Moving forward, the City Commission was acting for a particular purpose to eliminate the Zika virus breeding sites at the canals. He asked if the City Commission could make a determination if there are breeding sites at the canals. Commissioner Katz commented the City Commission cannot use Zika as a justification as there is a new mosquito borne disease identified every year from every region in the world and there are dozens of private canals. If the Commission determines to find a way to pay for it, it would be fine, but by using a mosquito borne illness, the City was indicating was responsible to service various canals. He was unaware of any Zika viruses on Diane Drive and sympathized with the residents. He believed there was a better way to resolve the matter than resorting to calling the canals a Zika infested area. Mr. Gallik suggested the City clean up what it did not take care of because the City did not inform anyone at the end of the agreement, and the residents will take over from there and the City can bill the residents from that point forward on their water bill. He spoke to individuals on the other canals and it is $108 a year to keep their canals clean, and those residents could not wait any longer for the City because they were afraid of the way their canals looked. If the charge was on the water bill, all would be happy with the City and it would get the City out of its position. He noted there were many comments made, but the City has a backhoe cleaning out the canal. He thought the Commission understands there is a little bit of cleanup the City is responsible for. 41 Page 160 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 He thought it would take four months of spraying to address the issue and did not think a harvester would be needed. He acknowledged the spraying would stink, but four or five weeks later it would all be addressed. Mr. Gallik explained he owns all the way across to the other side of his canal and that the City should administer the program because he did not think Diane Drive could get the whole thing done the way it is supposed to be done. Commissioner Casello asked if the individuals who addressed the canals on their own could request reimbursement from the City. Attorney Cherof thought it was a possibility and pointed out one individual indicated he would sue the City for his out of pocket expenses. People could make demands or file lawsuits. Vice Mayor McCray commented it was a five-year agreement. He disputed the City caused the problem and emphasized five years means five years. He did acknowledge there was always a problem with the canals at that location. He questioned the City going on people's property for 44 years, and inquired why do something different than was done before. Each time the canals came up, former City Manager Kurt Bressner gave them a five year period indicating it would end in five years. Mayor Grant noted there was a motion previously made by Commissioner Romelus regarding the Zika virus public purpose to clean up the canals in Lake Ida and Lake Eden after getting a license from affected property owners and with a one year term and a 60 day notice of termination. The motion died for lack of a second. Motion Commissioner Romelus moved to create an Municipal Service Benefit Unit (MSBU) so the City can help the residents find a long term solution to the issue and the issue does not continue and the City Commission does not have to address the issue every year when there are instances when weeds grow and the City stops taking care of it. Attorney Cherof explained Municipal Service Benefit Unit, (MSBU) or taxing units are created by the County. The City would have to petition the County. It is a taxing unit that is on the tax bill. The cost is spread and the funds generated are used for the specific purpose of canal cleanup or treatment. Ms. Agee explained Plat No. 4 never gave the homeowners the right as the canal is public and was different than Diane Drive. She reiterated the way that Grimes wrote it, made it public. She corrected the record as the City Attorney had commented the requirement was written on the plat that the homeowners would be responsible, but it was not written on Plat No. 4. She commented many residents sent checks to the City and they would like to work with the City. They are devastated with what they have. The residents still think the City's failure to notify put the City in a difficult position. She noted the Mayor asked if the residents would sue and asked if the City wanted a lawsuit over the fact the City did not notify the residents when they should have, could have and would have. She thought it was a lawsuit waiting to happen and it was not helpful. She 42 Page 161 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 thought they should review what they have in terms of funds sent by the Lake Eden residents, Plat No 4 and if enough, they use that money to clean up the canals this year. She still wanted a long-term solution and she liked the idea of putting the fee on the water bill. There was no HOA and no other way to accomplish an end through a non- voluntary association. The City required the developer to do so, but when the City approved the plat and the development, they did not look to see if there was a Homeowners' Association created to clean up the canals. Commissioner Romelus explained the MSBA would address that issue. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Mayor Grant explained the motion was the City would request the County create a Municipal Service Benefit Unit, or taxing unit. The Commission has not found a public reason to clean the canals, as the Zika virus is not a public purpose. Mr. Groff explained the City offered and resident sent funds to work on the immediate problem and staff would work with it and develop solutions within the framework established to solve the immediate problems. Staff has options within the current regulations that are in place. Attorney Cherof clarified the City received 18 or 19 letters back in response to what the City sent. Fifteen letters included checks and slightly more than half submitted checks with some kind of condition that the City assume responsibility. Even with all 15 checks, the amount was not sufficient to cover the cost and the City did not cash the checks. Mr. Shelnut thanked Commissioner Romelus and Mayor Grant for trying to work with the residents on a public safety health issue although the other Commissioners do not believe mosquito borne illnesses is a public safety issue. He commented there was now a Pandora's Box and the public will suffer with respect to the canals unencumbered use. He mentioned there are angry citizens who may decide to call the Police every time someone rides down the canal, which nobody wanted. He asserted the City created the issue. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA 43 Page 162 of 441 Meeting Minutes City Commission Boynton Beach, Florida C. New Assignments -- None June 21, 2016 Commissioner Casello requested the CRA Advisory Board review the new CRA Comprehensive Zoning Plan. Ms. LaVerriere explained she was working on the CRA Advisory Board reviewing further presentations and working with Ms. Brooks on the agenda. 14. LEGAL A. PROPOSED ORDINANCE NO. 16-014 - FIRST READING - Storage Tanks, Silos and Hoppers (CDRV 16-004) Approve amendments to the Land Development Regulations, Chapter 3, Article V. Supplemental Regulations, Section 33. Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro -brewery industry. Attorney Cherof read Proposed Ordinance No. 16-014 by title only on first reading. Vice Mayor McCray asked how they would like tanks, and have height standards and outside, and they could be painted to match look. Mr. Rumpf responded they will look setback requirements. The tanks would be brandings or logos as signage was allowed. Commissioner Casello left the dais at 90:23 p.m. They could also be basic steel and the tanks could be up to 45 feet in the M1 Zoning District or 10 feet above the structure if it is less than the maximum height. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 4-0. (When Commissioner Casello returned to the dais at 10:26 p.m. he was afforded the opportunity to vote on this item as he had left the dais. He voted affirmatively for a unanimous vote of 5-0.) B. PROPOSED ORDINANCE NO. 16-015 - FIRST READING - Sustainable parking (heat island effect) and on -street parking (CDRV 16-003) Approve amendments to the Land Development Regulations, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. !EI Page 163 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Attorney Cherof read Proposed Ordinance No. 16-015 by title only on first reading. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Commissioner Casello returned to the dais at 90:26 p.m. Vote Interim City Clerk Pyle called the roll. The vote was 5-0. C. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney/client session of the City Commission to discuss the following lawsuit which has been served on the City of Boynton Beach: Fernando Bass, Plaintiff v. Jeffrey Katz, as Chief of Police of the Boynton Beach Police Department, in his official capacity, Detective Christopher Crawford, and Officer Alex Moreno, Defendants - in the United States District Court for the Southern District of Florida, Case No 9:15-CV-81734-Middlebrooks/Brannon Attorney Cherof explained this item was a request for a closed -door session for now two cases: the Fernando Bass case as noted in the agenda backup. He requested during agenda approval to add a closed -door session on the City of Boynton Beach versus Frank Janots, et al. Together the two cases would take approximately one hour to discuss. He requested the City Commission meet start and hour or an hour and a half before the next City Commission meeting. Mayor Grant preferred to meet at 5:15 p.m. on July 5th Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 15. FUTURE AGENDA ITEMS A. Budget Workshops dates/times for FY 16/17 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 18, 2016 2:00 p.m. Tuesday July 19, 2016 10:00 a.m. Wednesday July 20, 2016 2:00 p.m. (if needed) Page 164 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 B. Appointment of Voting Delegate and authorize Commissioner(s) to travel to Hollywood, FL for FLC Annual Conference, August 18-20, 2016. - July 5, 2016. C. Interlocal Agreement between City of Boynton Beach and Town of Briny Breezes for Fire Rescue Services - July 2016 D. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - July 2016 16. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:28 p.m. (Continued on next page) 46 Page 165 of 441 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 ATTEST Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist 47 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 166 of 441 7.A. BIDS AND PURCHASES OVER $100,000 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-083 - Authorize the City Manager to enter into a time and materials construction contract with Sullivan Environmental of St. Petersburg, Florida, for the purpose of landfill cap repair and installation of landfill gas monitoring wells. The cost of the contract not to exceed the amount of $361,053.88. EXPLANATION OF REQUEST: At it's December 1, 2015 City Commission meeting, the City Commission awarded a design contract (Task Order R13-063-09) to CH2MHILL for the design and oversight of landfill cap repair. This task order was awarded in response to a Consent Order between the City of Boynton Beach and the Palm Beach County Health Department that created specific tasks relative to landfill cap repair. On April 19, 2016. the City Commission amended this task order to include design for synthetic liner repair and landfill gas monitoring stations. Design work was completed and the City issued Bid #047-2515-16/JMA. Bids were advertised publicly and contractors known to perform this work were made aware of the bid. A non- mandatory pre-bid site meeting at the landfill was conducted on May 10, 2016. Sullivan Environmental was the only contractor that attended. Bids were due May 24, 2016 and regretfully the City did not receive any bids. Even though bids were not received, the Consent Order with Palm Beach County continues to govern our actions. As such, the City contacted Sullivan Environmental to learn why the company chose not to bid. John Sullivan, VP of Sullivan Environmental, advised that he chose not to bid because he believed the engineer's probable cost was high and he was concerned that he was overlooking something that could have significant cost consequences for his company. Mr. Sullivan advised that he would consider performing the work according to a time and material contract. Because the City prepared and advertised a formal request for bids, staff is of the opinion that the City can award a contract to Sullivan Environmental. There was pronounced staff effort to procure bids. The bid documents were thorough and clearly defined the work needed to comply with the Consent Order. Sullivan Environmental will comply with all aspects of the bid documents with the Ione exception being method of payment being time and material. Upon further discussion about project scope with CH2MHILL and Sullivan Environmental, Sullivan Environmental has submitted a proposal to perform the work according to the specifications contained in the prepared bid documents referenced prior. Sullivan Environmental proposes to perform the requested work in the cost not exceed amount of $361,053.88. This assumes no unforeseen work conditions. It is important to note that CH2MHILL's engineer's estimate for the work was $448,441. Thus, Sullivan Environmental's proposal is deemed cost reasonable by City staff and by CH2MHILL as noted in their attached letter. A time and material contract is a very good way to proceed with this work. Essentially, the City will pay only for itemized costs incurred by the contractor with a 15% markup for overhead and profit. These costs will be documented via payroll records, equipment hours of operation and material costs. City Staff has significant input regarding contractor means and methods thus staff will be monitoring every facet of contractor work and associated costs. Page 167 of 441 Staff recommends that the City Commission authorize the City Manager to enter into a time and material construction contract in the cost not to exceed amount of $361,053.88 with Sullivan Environmental of St. Petersburg, Florida, for the purpose of landfill cap repair and installation of landfill gas monitoring wells. Sullivan Environmental believes that the final project cost will be below the recommended award amount. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This work will allow the City to comply with requirements set forth in the Consent Order with the Palm Beach County Health Department. FISCAL IMPACT: Budgeted This project is being funded in the Solid Waste Fund, once project is complete staff will prepare any needed budget transfer/amendment prior to the end of the fiscal year. ALTERNATIVES: Do not perform the contract work and risk monetary penalties of $100 per day for each calendar day that the City is non-compliant as outlined in the Consent Order with the Palm Beach County Health Department. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Sullivan Environmental START DATE: END DATE: CONTRACT VALUE: $361,053.88 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: Page 168 of 441 ATTACHMENTS: Type Description Resolution approving a Time and Materials D Resolution Construction Contract with Sullivan Environmental for landfill cap repair D Contract Contract Sullivan D Quotes Sullivan Environmental Proposal D I\Aemo CH2KAHILL Recommendation D I\Aemo Engineer Cost Estimate D Attachment Agenda Item April 19 D Attachment Task Order Amendment for Gases and Liner D Attachment Agenda Item December 2015 D Attachment Consent Order D Attachment Aerial Photo of Landfill REVIEWERS: Department Reviewer Action Date Public Works -Engineering Livergood, Jeffrey Approved 6/24/2016 - 6:10 IIIA Finance Howard, Tim Approved 6/28/2016 - 4:30 IIIA Legal Swanson, Lynn Approved 6/30/2016 - 1:53 IIIA Finance Howard, Tim Approved 6/30/2016 - 2:00 IIIA City Manager Howard, Tim Approved 7/1/2016 - 7:40 AM Page 169 of 441 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 NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A TIME AND MATERIALS CONSTRUCTION CONTRACT WITH SULLIVAN ENVIRONMENTAL FOR THE PURPOSE OF LANDFILL CAP REPAIR AND INSTALLATION OF LANDFILL GAS MONITORING WELLS IN AN AMOUNT NOT TO EXCEED $361,053.88; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the December 1, 2015 Commission meeting the City Commission passed Resolution No, R15-149 authorizing task order R13-063-09 in the amount of $47,126.26 to CH2M for the design and oversight of the landfill cap repair; and WHEREAS, the City issued Bid #047-2515-16/7MA which was advertised publicly however, the City did not receive any bids in response; and WHEREAS, City staff contacted the one and only contractor who attended the non- mandatory pre-bid site meeting to see why they did not bid; and WHEREAS, Sullivan Environmental has submitted a proposal to perform the work according to the specifications contained in the prepared bid documents based on a time and material contract. This will allow the City to pay only for itemized costs incurred by the contractor with a 15% markup for overhead and profit; and WHEREAS, staff is recommending that the City Commission approve and authorize the City Manager to enter into a time and materials construction contract with Sullivan Environmental of St. Petersburg, Florida for the purpose of landfill cap repair and installation of landfill gas monitoring wells in an amount not to exceed $361,053.88. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\167551E4-ADDO-4A22-95BO-008ED1A81ECA\Boynton Beach. 3609.1.Landfill—Repair _-_Sullivan_Engineering_-_Reso.doclandfill repair— Sullivan Environmental Page 170 of 441 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does 33 hereby approve and authorize the City Manager to sign a time and materials construction 34 contract with Sullivan Environmental of St. Petersburg, Florida for the purpose of landfill cap 35 repair and installation of landfill gas monitoring wells in an amount not to exceed 36 $361,053.88 , a copy of which is attached hereto as Exhibit "A". 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk VOTE (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\167551E4-ADDO-4A22-95BO-008ED1A81ECA\Boynton Beach. 3609.1.Landfill—Repair _-_Sullivan_Engineering_-_Reso.doclandfill repair— Sullivan Environmental Page 171 of 441 M.- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\167551E4-ADDO-4A22-95BO-008ED1A81ECA\Boynton Beach. 3609.1.Landfill _Repair _-_Sullivan_Engineering_-_Reso.doclandfill repair— Sullivan Environmental Page 172 of 441 CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 2016, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and SULLIVAN ENVIRONMENTAL, INC. of St Petersburg, FL. Check One: a Florida Corporation LX ) a Florida General Partnership () a Florida Limited Partnership () a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH that under the due procedure of law, no bids were received in response to the solicitation: Bid No. 047-2515-16/JMA for the performance of work and supplying materials, described in the bid documents, and Commission has determined that the proposal in the total amount of a Not to Exceed $361,053.88 submitted by SULLIVAN ENVIRONMENTAL, INC. was the best and most desirable proposal, 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 proposal of the CONTRACTOR, dated , 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 as described in the bid, contract documents, bond documents, plans and specifications for: Bid Title: BOYNTON BEACH LANDFILL POST CLOSURE COVER SYSTEM REPAIRS Bid Number: 047-2515-16/JMA the City of Boynton Beach, Florida, all of which are incorporated herein by reference time and material bid not to exceed as specified in CONTRACTOR'S proposal in the amount of: $361,053.88. Page 173 of 441 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 Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 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 Engineer. 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 Page 174 of 441 the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer' shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 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 Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 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 3 Page 175 of 441 with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ an that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $500.00 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. 4 Page 176 of 441 7.0 EJUS 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, 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. 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. 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 Page 177 of 441 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 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 Engineer, 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 Engineer to determine the necessity and reasonableness of costs and amounts proposed and the Page 178 of 441 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. 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 Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 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 VA Page 179 of 441 writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field change Directive or Change Order. 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 Engineer shall certify in writing to the Page 180 of 441 City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 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. Page 181 of 441 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. 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 Engineer, project manager and consulting engineers. 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 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, City Attorney Attest/Authenticated: Judy Pyle, Interim City Clerk 10 2016. Page 182 of 441 CONTRACTOR: (Print Name and Title) STATE OF FLORIDA 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 2016. My Commission Expires: NOTARY PUBLIC 11 Page 183 of 441 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: wAxx-i President Name of Company (CORPORATE SEAL) Page 184 of 441 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: wAxx-2 Notary Public, State of Florida Page 185 of 441 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) WT -1 Affiant Page 186 of 441 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: AM By: ACCEPTED: in Date: MIMI Page 187 of 441 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: 121KIN Page 188 of 441 4448 13TH LN NE ST. PETERSBURG, FL 33703 Name / Address City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Estimate Date Estimate # 6/21/2016 377 Description Qty Cost Total Boynton Beach Landfill Post -Closure Cover System Repairs 1 361,053.88 361,053.88 Bid No.: 047-2515-16/JMA Estimate includes all labor, materials, equipment, and other items, facilities, services, and incidentals for proper execution and completion of the scope of work as presented in the Contract Documents and Invitation to Bid. This is a time and materials bid. Cost is not to exceed this amount without prior approval from the City of Boynton Beach. Actual time and materials (cost + 15%) will be billed. Total $361,053.88 Customer Signature Page 189 of 441 Christine Roberts, Assistant Public Works Director Public Works, Administration City of Boynton Beach 222 WE. 9th Ave. Boynton Beach, Florida 33435 Subject: Review of the Boynton Beach (Closed) Landfill - Consent Order SW -15-08 and Sullivan Environmental's Proposal #377 mom We have reviewed the proposal submitted by Sullivan Environmental (Proposal #377). Their not to exceed tirne & materials price is below the engineer's estimate. Acceptance of Sullivan Environmental's proposal is a reasonable procedure for completing the work required by Consent Order SW -15-08, considering that the City did not receive any bids for the Work. CH2M HILL is committed to working proactively with the City and their Contractor to perform the work in accordance with the Contract Documents and Invitation to Bid, as noted on Sullivan Environmental's proposal. M Jeff Livergood, Public Works Director Page 190 of 441 GH2M HILL 225 East Robinson, Suite 505 Ch7AU'll, Orlando, FL 32801 Tel 407-782-5897 Christine Roberts, Assistant Public Works Director Public Works, Administration City of Boynton Beach 222 WE. 9th Ave. Boynton Beach, Florida 33435 Subject: Review of the Boynton Beach (Closed) Landfill - Consent Order SW -15-08 and Sullivan Environmental's Proposal #377 mom We have reviewed the proposal submitted by Sullivan Environmental (Proposal #377). Their not to exceed tirne & materials price is below the engineer's estimate. Acceptance of Sullivan Environmental's proposal is a reasonable procedure for completing the work required by Consent Order SW -15-08, considering that the City did not receive any bids for the Work. CH2M HILL is committed to working proactively with the City and their Contractor to perform the work in accordance with the Contract Documents and Invitation to Bid, as noted on Sullivan Environmental's proposal. M Jeff Livergood, Public Works Director Page 190 of 441 Basis of Estimate Boynton Beach Landfill Post Closure Cover System Repairs Prepared for City Of Boynton Beach Florida April 22, 2016 c J�� '21 c!'-1111 110- " V, COPYRIGHT 2015 BY CH2M, INC. • COMPANY CONFIDENTIAL Page 191 of 441 Contents Section Page 1. Purpose of Estimate....................................................................................................................................1 2. General Project Description.........................................................................................................................1 3. Overall Costs...............................................................................................................................................1 4. Scope of Work.............................................................................................................................................2 5. Markups......................................................................................................................................................2 6. Escalation Rate............................................................................................................................................2 7. Estimate Classification.................................................................................................................................2 8. Estimate Methodology................................................................................................................................ 2 9. Cost Resources............................................................................................................................................ 2 10. Labor Costs..................................................................................................................................................3 11. Taxes...........................................................................................................................................................3 12. Major Assumptions.....................................................................................................................................3 13. Allowances..................................................................................................................................................3 14. Excluded Costs.............................................................................................................................................3 15. Reference Documents................................................................................................................................. 3 CostEstimate Appendix...........................................................................................................................................1 Escalation Work Sheet Estimate Summary Detailed Cost Estimate I COPYRIGHT 2015 BY CH2M, INC. • COMPANY CONFIDENTIAL Page 192 of 441 Boynton Beach Landfill Basis of Estimate TABLE 0.1 Estimate Information Boynton Beach Landfill Liner Repairs Estimate Classification Class 1 Requested By Brad Higerd/ORL Estimated By E. B. Smith/GNV Estimator Phone 352-384-7174 Estimate Date April 22, 2016 1. Purpose of Estimate The purpose of this Estimate of Construction Cost is to establish an Engineer's opinion of probable construction cost at the 90% level of design development. 2. General Project Description This project is located in Boynton Beach, Florida. The client is the City of Boynton Beach. The scope involves providing repairs of sections of final cover damaged by erosion, installation of 13 perimeter landfill gas probes, and 1,300 LF of temporary road. 3. Overall Costs The following is a summary breakdown of the costs. TABLE 3.1 Overall Costs Boynton Beach Landfill Liner Repairs Base Estimate Low Range (-10%) Estimated Costsa High Range (+15%) $367,775 $408,639 $469,935 Boynton Beach Landfill Alternative Bid Item- Tempofafy Road Low Range (-10%) Estimated Costsa High Range (+15%) $35,823 $39,803 $45,773 aSee Appendix for cost estimate details This cost estimate has been prepared for guidance in project evaluation and implementation from the information available at the time of the estimate. The final costs of the project will depend on actual labor and material costs, competitive market conditions, final project costs, implementation schedule and other variable factors. As a result, the final project costs will vary from the estimate presented herein. Because of this, project feasibility and funding COPYRIGHT 2015 BY CH2M, INC. • COMPANY CONFIDENTIAL Page 193 of 441 BOYNTON BEACH LANDFILL BASIS OF ESTIMATE needs must be carefully reviewed prior to making specific financial decisions to help ensure proper project evaluation and adequate funding. 4. Scope of Work This project consists of the following areas of improvement: The scope involves providing repairs of sections of final cover damaged by erosion, installation of 13 perimeter landfill gas probes, and 1,300 LF of temporary road. 5. Markups These markups are based upon general assumptions about how the project will be contracted. Actual markup percentages may vary from those shown here, and are the responsibility of the bidding contractor. TABLE 5.1 General Contractor Markups Boynton Beach Landfill Liner Repairs Contractor General Conditions 7.00% Sales Tax on Material 6.00% Contractor Overhead 8.00% Contractor Profit 10.00% Mob/Demob 5.00% Bonds and Insurance 2.16% Estimate Contingency 5.00% Escalation Rate 0.00% 6. Escalation Rate No escalation was included in this estimate. 7. Estimate Classification This cost estimate prepared is considered a Definitive or Class 1 estimate as defined by the Association for the Advancement of Cost Engineering International (AACEI). It is considered accurate to +15% to -10%, based on a 90% design deliverable. 8. Estimate Methodology This cost estimate is considered a bottom rolled up type estimate with cost items and breakdown of Labor, Materials and Equipment. Some quotations were obtained for various items. The estimate may include allowance cost and dollars per SF cost for certain components of the estimate. 9. Cost Resources The following is a list of the various cost resources used in the development of the cost estimate: • R.S. Means • CH2M HILL Historical Data • Vendor Quotes on Equipment and Materials where appropriate 2 COPYRIGHT 2015 BY CH2M, INC. • COMPANY CONFIDENTIAL Page 194 of 441 BOYNTON BEACH LANDFILL BASIS OF ESTIMATE • Estimator Judgment 10. Labor Costs The estimate has been adjusted for local area labor rates, based upon RS Means 2015 national rates. Labor unit prices reflect a burdened rate, including: workers compensation, unemployment taxes, Fringe Benefits, and medical insurance. 11. Taxes A 6.00% sales tax was added to all material costs within the estimate including process equipment. 12. Major Assumptions The estimate is based on the assumption the work will be done on a competitive bid basis and the contractor will have a reasonable amount of time to complete the work. All contractors are equal, with a reasonable project schedule, no overtime, constructed as under a single contract, no liquidated damages. This estimate should be evaluated for market changes after 90 days of the issue date. It is assumed that much of the fabricated equipment will be shipped from the mainland USA. 13. Allowances The estimate includes allowances for known work that is not sufficiently detailed at this time: • Erosion Control Allowance of $8,500 14. Excluded Costs The cost estimate excludes the following costs: • Non -construction or soft costs for design, services during construction, land, legal and owner administration costs • Material Adjustment allowances above and beyond what is included at the time of the cost estimate 15. Reference Documents This cost estimate is based upon CH2M HILL drawings dated March 2015. 3 COPYRIGHT 2015 BY CH2M, INC. • COMPANY CONFIDENTIAL Page 195 of 441 Cost Estimate Appendix COPYRIGHT 2015 BY CH2M, INC. • COMPANY CONFIDENTIAL Page 196 of 441 O Z N (D N Cn O m > a) W N 'vi � U D � L U O C a) � .O (6� E •� E W Of W lqT w N f- 00 C7 m M CO co O lqT O co � r 00 M N N 7V1 m ++ E N LU 0 0 M 0 0 CO o m N 00 o � co 00 L6 p N p LO 00 L6 0 000 CO r N uJ V! 00 0 co (7 co9 N lC7 E N ti p CO = 00 N U-) co O M L c0 (0 E N cM u-) � Q� +�+ p C6 U +�+ +0+ 0 O O N C) J � 0 L6 0 000 r N uJ V! 00 i co (7 co9 N lC7 O p 00 �r = L6 O 0c0 m E N ti p CO = 00 N U-) co O M L c0 (0 E N cM u-) � Q� +�+ p C6 U +�+ Q 0 O N U E N ti p CO = 00 N U-) co O M L c0 (0 E N cM u-) � Q� +�+ p C6 U C O Q O Y U J � 0 0 000 0 O I,- M 00 p ,-(N (7 0 C) lC7 00 W a) �r L6 O O N m i N � I N O Q O 0 0 0 o N 07 N N (3 co 06 06 2 2 OO > O U CO O U CO CO 0 H Q � 0 00 0 000 0 O I,- M 00 p ,-(N (7 U') C) lC7 00 CO LC•) L6 p O N N � I O Q 0 0 0 o N O O O O E C) p p C) o0 I` p p Cn L r > O� U p rn U � O (U U o) m O d co CD C LP N NT U a) co C O o � 00 m Ici N If N N N csi N 00 N O ti a) o L N 0 _ -0O o O r� LL O O a) o 1 U X x _U L> -0 C - C Na) O 0 vim)•5J CL a)a) 4) E _O cL6 cL6 cr C/) a) 0 ~ W Z Of _ 06 +� CO ()f E —_ CO oc0 cn Q Q W o Cn Z U U o C7 >1 co V - a) Q O � d O Z N (D N Cn O m a) W N 'vi � U D � L U O c a) O E E LU Of w 0 c c� J L U m m C O O m I,- I' - CD CD C o E co c � N cn C3 O +�+ Z Cn U U c 'v m a) .� LL d d D co � o r CV O 0 0 0 C� O O CO 00 O O T -- Lf)U-) T-- T-- Co � o CO ti I- 4 0 0 0 0 0 o O O O (o O O 0 0 7 O O Uf) U lC7 r CO O ` CN o CU '0- O o CU U N O CO O ` CO O O O CO L L W W N c Co co �r 0) co U N " 0 C m m 0 NT LL NT Iq ° E w H Z)~ O O E J O c c (1)_0U cn O O a) i 0 w O O I` O o N -oO N O L � CO Y /d O W O C6 't 't N m M L to N Ici L ci � c�6 co m N O0- m N N o CU '0- O o CU U O CO O ` CO O O O CO L L W W N c Co co c> 0) co U U a) 0 0 LL LL 0 ° E w H Z)~ O O E J O c c (1)_0U cn O O a) i 0 w O O O o a) -oO O L � CO Y /d O O C6 N 06 m O-0 _ c�6 L L O0- 2 CUU O w U _0 Fn m sal O Z J U O U G't -g GV a y in m o.... o Ca, OD = M V n M1 n•. � O sal O Z J U O U G't -g GV a e......... in m o.... o Ca, OD = M V n M1 n•. � O a (n N 's O ez, n a O as ro R a6 fla m o t m 3 Lt vPi E � m U Lt Z > a {} U C¢ a7 LL 3 E v ° N c I 0 0 ° N o C9 U D QL W E Z w w Q Gs 6 Q',. 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CONSENTAGENDA 4/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-061 - Authorize the City Manager to sign amendment number 1 to Task Order R13-063-09 in the amount of $32,016.40 with CH2M to provide professional services related to identification of landfill gases and their migration and design of revised synthetic liner. This amended task order is in accordance with the City's "Hydrogeological Consulting Services Agreement" extension that was approved by the Commission on August 8, 2015. The original task order of $47,126.26 was approved by the Commission on December 1, 2015, the amended task order amount will be $79,142.66. EXPLANATION OF REQUEST: On December 1, 2015, the Commission passed Resolution No. R15-149 authorizing task order R13-063-09 in the amount of $47,126.26 to CH2M. As part of the referenced task order, CH2M HILL had begun design services for the repair of cover material on the retired Boynton Beach landfill. During field observations, a small portion of landfill cover lining material was exposed and found to be damaged. Therefore, additional design services regarding liner history and repair techniques is required. Furthermore, on-site testing found presence of landfill gases. Thus due diligence requires further assessment of the expanse of landfill gases as well as the potential for these gases to migrate. CH2M HILL proposes that the landfill construction project include the placement of 14 landfill gas monitoring probes and the evaluation of seven sampling periods from these probes. This amendment further allows design and sampling related to the probes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This action will further the City's goal to permanently remove all monitoring requirements for this landfill. FISCAL IMPACT: Non -budgeted This work is unanticipated and not budgeted. Funds remain in the Solid Waste Operating Budget line item 431-2515-534-49-17. However these remaining funds are also reserved for construction of the landfill cover repair and now the added cost of landfill gas probes. Final cost will not be known until such time that a construction bid award is considered. A budget amendment will be prepared concurrent to the construction award. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Addendum Addendum Description Resolution approving Amendment No 1 to Task Order R13-063-09 Amendment 1 Original Task Order Agenda Item Dec 2015 REVIEWERS: Department Reviewer Action Date Public Works Livergood, Jeffrey Approved 3/21/2016 - 2:49 PM Finance Howard, Tim Approved 4/11/2016 - 12:09 PM Legal Swanson, Lynn Approved 4/12/2016 - 11:42 AM City Manager LaVerriere, Lori Approved 4/14/2016 - 4:48 PM Page 207 of 441 Task Order No. R13 -063 -09 -Amendment 1 Boynton Beach Landfill Post -Closure Maintenance Assistance PLEASE NOTE: Amendments to the original Task Order are shown with bold underlining, and deletions with st-iket>, -oug>, „.,+ -a - t A. Background Since 2010, CH21VI HILL Engineers, Inc. (CH2M) has assisted the City of Boynton Beach (City) with the preparation and certification of semi-annual groundwater sampling reports for the City's Class I landfill (Landfill) in accordance with the Palm Beach County Health Department (PBCHD) Permit Number 124522 -005 -SF for post -closure monitoring. Additionally, CH21VI helped the City develop a groundwater investigation program, accepted by the PBCHD, designed to evaluate a decision to cease long-term groundwater monitoring. The hydrogeologic investigation is expected to take place during Fiscal Year 2015/16; this investigation is not considered as part of this scope of work. Concurrently, CH21VI's proposed scope of work in this proposal is aligned with the City's goal to meet regulatory guidelines by repairing sections of final cover damaged by erosion during the long-term care period of the City's Landfill; to investigate landfill gas generation and potential for migration; and to research a discontinued synthetic liner material used during closure, determine appropriate patching techniques, and develop specifications and details to document repair procedures. The professional services consist of the following activities, which are detailed in the Scope of Work: • CH21VI will conduct a brief site visit to review the findings of the September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. • CH21VI will convene a teleconference with PBCHD PleFi a DepaFtme.At of r..,.. . + °FeteetieR ([nrP) officials to confirm the process and requirements to obtain regulatory approval for required remedial actions prior to the City procuring a qualified contractor and commencing repairs to the final cover system; CH21VI will facilitate a teleconference with the City and the Lake Worth Drainage District (LWDD) to discuss procurement of access approval and to memorialize any LWDD permit or restoration requirements in the procurement package prepared by the City; • CH21VI will prepare a written corrective action plan (CAP) as required by Question 3.4 in the September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. It is assumed that the design criteria package including a grading plan and synthetic liner repair details and specifications will serve as the basis for the CAP, which will be submitted to the PBCHD €ID€P by the City. • CH21VI will prepare a design criteria package to include plans and specifications for synthetic liner repair and landfill gas probe installation, which will be included in the procurement package prepared by the City; • CH21VI will prepare an opinion of probable construction cost based upon estimated quantities. The estimate will include mobilization / demobilization, synthetic liner repair, granular fill, topsoil, a -R4 sod or seed covering, and landfill gas probe installation; PAGE 1 OF 7 Page 208 of 441 • CH2M will serve as a technical resource during the bid review process; apA • CH2M will provide limited services during construction including submittal reviews and field observation necessary to prepare the certification of construction completion documentation at the conclusion of the project for submission to the PBCHDB€P; and • CH2M will test approximately fourteen (14) installed landfill gas perimeter probes for a period of one (1) year, review the data and report the results to the City at the conclusion of the testing period. B. Scope of Services The scope of services included in this authorization, including amendments shown with bold underlining, and deletions with StAkethFO gh teNt are as follows: Task 1—Site Visit and Teleconference with FIDU the PBCHD CH2M will conduct a brief site visit with City staff to review the findings of the September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. CH2M will then facilitate a teleconference with the City and the PBCHD9€P to confirm the requirements to obtain regulatory approval for required remedial actions prior to commencing repairs to the final cover system. CH2M will prepare a meeting agenda for distribution and discussion with attendees. The teleconference is expected to last up to two (2) hours. Following the meeting, CH2M will prepare a draft meeting summary, identifying critical discussion points for review and comment by all participants. For budgetary purposes, it is assumed the Principal, Senior Project Manager and Project Manager will participate in the teleconference on behalf of CH2M. Deliverables - Agenda, electronic - Draft and Final Meeting Summary (draft for review by all) Task 2 —Teleconference with LWDD CH2M will facilitate and participate in a teleconference with the City and LWDD representatives to negotiate access approval to the site and address any LWDD requirements in the procurement package prepared by the City. For budgetary purposes, it is assumed the Principal and Senior Project Manager will participate on behalf of CH2M. Deliverables - Agenda, electronic - Draft and Final Meeting Summary (draft for review by all) Task 3 — Produce Bid Package and Bid Form CH2M will prepare a written corrective action plan (CAP) that will serve as the basis for the bid package that includes construction drawings, technical construction specifications, a site plan that delineates the work limits, specifications and details to document repair procedures for a discontinued synthetic liner PAGE 2OF7 Page 209 of 441 material used during closure, a -R4 a grading plan, and gas probe details and specifications. The bid package will be incorporated into the procurement package prepared by the City. It should be noted that CH2M will need to obtain current topographic information from the City to prepare preliminary design drawings. It is assumed that the City will engage a qualified surveying firm to perform a pre -construction survey. CH2M will provide technical assistance to the City to develop the scope of work for the selected surveying firm. Using the pre -construction survey, CH2M will develop plans for construction of the final cover of portions where erosion damage has occurred and will include standard erosion control drawings or FDOT call outs (e.g., silt fence, hay bales) where needed. CH2M will review the LWDD requirements for access to the Landfill, and address relevant contract documentation in the drawings and specifications as necessary. Should the LWDD access right of way require stabilization, the City shall perform the stabilization or direct the City's selected Contractor to perform the work as a bid alternate in in the Bid Form. CH2M will prepare and submit a draft bid package for the City's review and comment. For budgetary purposes, it is assumed that the Senior Project Manager and Project Manager will participate in a teleconference with the City following the draft submittal to discuss written comments received from the City and respond to questions. The City is requested to provide one set of consolidated written comments prior to the teleconference. CH2M will respond to the City's comments to finalize the bid package that will be incorporated into the procurement package prepared by the City. Once the bid package has been approved by the City, CH2M will provide electronic files. CH2M will prepare a bid form in MS -Word format for inclusion in the City's front-end documents. Deliverables — Draft and final corrective action plan. — Draft and final bid package. — Bid Form. Task 4 — Prepare an Opinion of Probable Construction Cost CH2M will prepare an opinion of probable construction cost based upon estimated quantities. The estimate will include mobilization/demobilization, synthetic liner repair, granular fill, topsoil, a -R4 sod or seed covering, and landfill gas probe installation. Bid quantities will be based upon either LS, CY or SY as appropriate. CH2M will perform a quantity take -off based on the best available information, including the most recent FDEP Inspection Report. Deliverable - Opinion of Probable Construction Cost based upon estimated quantities PAGE 3OF7 Page 210 of 441 Task 5 — Contractor Selection Assistance CH2M will assist the City as a technical resource during the bid evaluation phase. Activities include attending the pre-bid meeting and providing technical input during the evaluation including responding to bidder questions and preparing addenda. Once bids are received, CH2M will review the bids submitted and provide a summary for City consideration prior to contractor selection. CH2M will conduct a teleconference with the City to discuss pro and cons, as well as any outstanding issues related to CH2M's technical review. Deliverables - Attend pre-bid meeting. - Respond to bidder questions and provide technical input to addenda. - Prepare draft and final bid evaluation summary memorandum. Task 6 — Services During Construction CH2M will provide services during construction including reviewing and responding to up to fifteeR9) eighteen (18) contractor submittals including the location of the borrow pit(s) where granular material and topsoil will be obtained, components for synthetic liner repair, and materials for gas probe installation. CH2M's field support includes daily observation by one CH2M staff member (48 hours) for 4815 days. Additionally. CH2M will provide Field Safety Instructions applicable to all CH2M staff. Following pFejeet construction completion, CH2M will draft, finalize and submit to the PBCHD PPEP an application for certification of construction completion, signed and sealed by a professional engineer, at the completion of this project. A draft of the application for certification of construction completion will be submitted for review and comment by the City. CH2M will adjudicate City comments and finalize the application prior to submission to the PBCHD PPPP. Following submittal to the PBCHD PPEP, CH2M will respond to up to 2 (two) Requests for Additional information within this task order. Upon acceptance by the PBCHD I € , the Certification of Construction Completion should be placed in the operating record. Deliverables - Submittal Review Forms - Submittal Tracking Log - Construction Logbook - Draft and final certification of construction completion for submission to the PBCHD PPEP - Response to up to 2 (two) Requests for Additional information Task 7 — Perform Perimeter Landfill Gas Probe Testing As part of an investigation for the potential for landfill gas generation and possible migration, CH2M will perform landfill gas testing where the liner has been exposed from erosion noted in the current Consent Order. Positive test results for the presence of methane at or above the lower explosive limit (LEL) will necessitate further investigation (development and delivery of the investigation work plan is not included under this scope of work). Subsequent to the initial investigation described in the previous paragraph, CH2M has been requested by the City to test for the possible presence of landfill gas along the north and east Landfill perimeter, PAGE 4OF7 Page 211 of 441 where residences abut the Landfill property line. Following the installation of approximately fourteen (14) perimeter landfill gas probes, CH2M will conduct seven (7) sampling events with a GEM 2000 and calibration gases, review the data, and report the findings to the City. Should testing of all monitoring probes result in non -detect for methane, CH2M will recommend discontinuation of the sampling, as well as sealing or removal of the shallow probes. However, readings above 100% LEL at the property boundary will be addressed in a technical memorandum and discussed further with the City. Deliverables — Gas probe test results (7) — Draft and Final Perimeter Landfill Gas Investigation Technical Memorandum C. Assumptions This estimated cost is based on the following assumptions: • Additional meetings with the City, FDEP, PBCHD or the contractor are included in this scope of services. • The City will be responsible for satisfying any site access requirements negotiated under Task 2t but CH2M will revise specifications to comply with the requirements of the LWDD. • The City will complete the site survey by December 4, 2015. • The City will be responsible for managing the procurement process and meeting the timelines presented in the Consent Order. • The City will review and provide comments on the draft Bid Package and draft Bid Form within one (1) week of submittal by CH2M. • The City will be responsible for submitting all required documents to the PBCHD as specified in the Consent Order. • CH2M is not responsible for City nor contractor delays that result in penalties specified in the Consent Order. • No subcontractors will be utilized by CH2M during the delivery of the scope included herein. • The City is responsible for continuing the yearly maintenance program implemented for the post closure monitoring period as specified in the Consent Order once the Contractor has completed contractual maintenance obligations of the newly installed vegetation. • If the duration of the selected Contractor's work is greater than the time assumed in this Task Order or if the City self -performs some of the inspections during construction, the level of effort for the services during construction may be amended. • Should landfill gases be found at or above concentrations of concern, CH2M will notify the City. Development of appropriate remedial actions are not included in this scope amendment. • Abandonment of perimeter gas probes, if determination is made that the probes are no longer necessary, is not a part of this scope. PAGE 5OF7 Page 212 of 441 D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement titled Hydrogeological Consulting Services, dated August 19, 2013, between the City of Boynton Beach and CH2M Hill Engineers, Inc., as amended, and under the terms and conditions described within Task Order R13-063-09, amended herein. E. Compensation Compensation by the City to CH2M will be on a time and materials basis in accordance with the above- mentioned Agreement. The estimated compensation for the additional services described in this Task Order Amendment 1 is $32,016.40. TABLE 1. - FEE COMPENSATION AMENDED QUANTITIES TASK HOURS RATE TOTAL 1. Site Visit and Teleconference with FDFP the PBCHD (NO CHANGE) 2. Teleconference with LWDD (NO CHANGE) 3. Produce Design Criteria Package and Bid Tab (AMENDED) Office 2 $86.22 $172.44 Engineer 24 $120.00 $2,880.00 Senior Engineer 6 $155.00 $930.00 Senior Project Manager 4 $208.14 $832.56 Expenses $0.00 TASK SUBTOTAL $4,815.00 4. Prepare an Opinion of Probable Construction Cost (AMENDED) Engineer 0 $120.00 $0.00 Senior Engineer 2 $155.00 $310.00 Senior Project Manager 2 $208.14 $416.28 Expenses $0.00 TASK SUBTOTAL $726.28 5. Contractor Selection Assistance (NO CHANGE) 6. Services During Construction (AMENDED) Office 4 $86.22 $344.88 Engineer 80 $120.00 $9,600.00 Senior Engineer 8 $155.00 $1240.00 Senior Project Manager 4 $208.14 $832.56 Expenses $2,000.00 PAGE 6OF7 Page 213 of 441 TASK SUBTOTAL 7. Perimeter Landfill Gas Probe Testing (NEW) Engineer 56 Senior Engineer 8 Senior Project Manager 12 Expenses TASK SUBTOTAL AMENDMENT 1 SUBTOTAL (THIS AUTHORIZATION) ORIGINAL TASK ORDER TOTAL TOTAL INCLUDING AMENDMENT 1 F. Schedule $14,017.44 $120.00 $6,720.00 $155.00 $1,240.00 $ 208.14 $2,497.68 $2,000.00 $12,457.68 $32,016.40 $47,126.26 $79,142.66 CH2M estimates that its scope of work will be completed as presented below in Table 1. Every effort will be made to expedite the completion of the tasks. Table 1 Proiect Schedule (REVISED) Activity Target Completion Date Task Order Executed (Actual) December 8, 2015 Site Visit and Teleconference with FDEP L&ctuall January 15, 2016 Teleconference with LWDD L&ctuall February 1,_2016 Draft Bid Package and Bid Form March 11,_2016 Final Bid Package and Bid Form March 21, 2016 Submit an Opinion of Probable Construction Cost April 14, 2016 City Advertises Bid Pursuant to the Consent Order June 13, 2016 Contractor Selection Assistance August 12, 2016 Services During Construction September 11, 2016 PAGE 7OF7 Page 214 of 441 G. Authorization APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Dated this day of March, 2016. SUBMITTED BY: Vice President and Area Manager Dated this 3rd day of March, 2016 PAGE 8OF7 Page 215 of 441 7.A. BIDS AND PURCHASES OVER $100,000 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-149 -Authorize the City Manager to sign two (2) Task Orders with CH2M, Task Order R13-063-08 in the amount of $166,834,58 for the purpose of evaluating groundwater conditions and Task Order R13-063-09 in the amount of $47,126.26 for the design and oversight of landfill cover repair. These task orders are in accordance with the City's "Hydrogeological Consulting Services Agreement" extension that was approved by the Commission on August 8, 2015. EXPLANATION OF REQUEST: The City of Boynton Beach began operating a landfill, located in unincorporated Palm Beach County east of the Boynton Beach Municipal Golf Course, in 1958. Formerly, the landfill property was owned by Palm Beach County and served as a sand borrow pit. The landfill was utilized for disposing City generated municipal waste and served as a drop off location for residents until the late 1970's . The landfill remained open for landscape waste until 1984. Beginning in 1988, through appropriate permitting with the Health Department, the sought City to obtain approved closure of the landfill. This will ultimately granted in 1992. These actions included installation of a liner and new cover. The closure in 1992 required an additional 20 years monitoring of sub -surface ground water conditions. In order to endeavor to achieve final landfill closure and eliminate monitoring activities, the City must complete two critical steps. Each step requires use of professional engineering and hydrogeological services. CH2M has been performing groundwater monitoring as part of the Hydrogeological Services contract dated August 19, 2013 thus is highly qualified to complete this work. Discussion of the two task orders is as follows: Task Order R13-063-08 - $166.834.58 This work contemplates continued evaluation of groundwater conditions with an emphasis on identification of the source of arsenic. Groundwater data gathered since 2006 suggests that arsenic is likely not generated by the landfill and CH2M has hypothesized that the arsenic may be naturally occurring in this area. The Health Department has agreed this may be possible but additional hydrogeological data is necessary to prove this theorem. Therefore this task order contemplates drilling monitoring wells on the City Golf Course and the associated hydrogeological analysis of the movement of arsenic underground. Task Order R13-063-09 This task order provides professional design and oversight services for the creation of bid documents to repair the landfill cover according to Health Department Standards. This task requires expertise that is not vested in City staff. Landfill repair will follow in spring 2016 under a separate construction contract. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Both task orders will move the City towards ultimate close out of landfill monitoring requirements in the future. FISCAL IMPACT: Budgeted Each of these items are budgeted in the Solid Waste Operating Budget, line item 431-2515-534-49-17. Landfill Monitoring = $165,000 Landfill Cap Repair = $160,000 Note that funds remain for construction services on the landfill cap repair ALTERNATIVES: Take no action and risk non-compliance with the Health Department. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Page 216 of 441 lype Description D Resolution Resolution approving two landfill Task Orders with C1 -12M D Addendum Aerial Plan D Addendum R13-063-08 D Addendum R13-063-09 REVIEWERS: Department Reviewer Action Date Public Works -Engineering Livergood, Jeffrey Approved 11/20/2015 - 8:46 AM Finance Howard, Tim Approved 11/20/2015 - 12:02 PM Legal Swanson, Lynn Approved 11/2412015 - 10:31 AM Finance Howard, Tim Approved 11/2412015 - 12:40 PM City Manager LaVerriere, Lori Approved 11/2412015 - 2:39 PM Page 217 of 441 BEFORE THE STATE OF FLORIDA FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY V, CITY OF BOYNTON BEACH IN THE OFFICE OF THE FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY CASE/FILE NO. SW -15-08 This Consent Order ("Order") is entered into between the Florida Department of Health Palm Beach County ("Health Department") and City of Boynton Beach ("Respondent") to reach settlement of certain matters at issue between the Health Department and Respondent. The Health Department finds and Respondent admits the following: 1. Pursuant to Chapter 62-701, F.A.0 and 403 F.S., the Florida Department of Environmental Protection (DEP) has compliance and enforcement jurisdiction under the provisions of Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, and 62-701 of the Florida Administrative Code (F.A.C.). However, in accordance with Section 403.182, F.S., DEP recognizes the Health Department as the approved local solid waste program in Palm Beach County. As such, DEP and the Health Department have entered into a Specific Operating Agreement that authorizes the Health Department to enforce Solid Waste regulations for this type of solid waste management facilities located in Palm Beach County. 2. Respondent is a "person" within the meaning of Sections 403.031(5) and 403,703(22), F.S. 3. On February 28, 1992, Respondent completed the closure of the facility in accordance with the approval of the Florida Department of Environmental Protection, which required a final landfill cover consisting of six inches of liner bedding material, a 20 mm Synthetic membrane liner, 12 inches of sand and six inches of top soil, seed, and mulch. Page 218 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 2 of 8 4. Respondent operates the Boynton Beach Landfill under Permit No. 124522 -004 - SF. 5. Specific Condition 1 of Permit No. 124522 -004 -SF states "Unless otherwise notified by the Department, the permittee shall comply with all applicable requirements of Chapter 62-701, F.A.C." 6. Rule 62-701.600(3)(02, Florida Administrative Code (FAC) states "Final cover shall be placed over the entire surface of each completed solid waste disposal unit or units within 180 days after the final waste deposit, or within the time frame set forth in the approved closure plan. The final cover shall be vegetated to control erosion and provide a moisture infiltration seal, with species that are drought resistant and have roots that will not penetrate the final cover." 7. Pursuant to Specific Condition 9 of Permit No. 124522 -004 -SF, Respondent is responsible for continuing the yearly maintenance program implemented for the post closure monitoring period. The yearly maintenance program is intended, in part, to maintain the integrity of the approved landfill final cover. 8. The Health Department finds the facility in violation of Rule 62-701.600(3)(02, F.A.C. and Specific Condition 9 of Permit No. 124522 -004 -SF as follows: Erosion the final landfill cover and/or lack of vegetation was observed at three distinct areas on the northeast section of the landfill. The largest area, first identified during September 12, 2014 inspection, has expanded in size and continues to show exposed liner. Two smaller areas, approximately 20 feet in diameter each, were identified during an inspection on September 3, 2015 west of the larger area. Small pieces of exposed liner were observed in one of the smaller areas. Having reached a resolution of the matter Respondent and the Health Department mutually agree and it is ORDERED: 9. Respondent shall comply with the following corrective actions within the stated time periods: Page 219 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 3 of 8 a) By April 1, 2016, submit complete bid documents to the Health Department showing construction specifications consistent with the approved permit and facility closure plan. b) By April 29, 2016, advertise bid request and distribute bid specifications. c) Within 45 calendar days from the completion of b) above, open bids. d) Within 30 calendar days from the completion of c) above, award bid to qualified contractor/ consultant. e) Within 120 calendar days from the completion of d) above, complete the required repairs. f) Within 30 calendar days from the completion of e) above, submit letter of completion to the Health Department, signed and sealed by a professional engineer, certifying that final repairs were completed consistent with the approved permit and facility closure plan. 10. Within 15 calendar days from the due date of each milestone above, Respondent shall submit to the Health Department a written report, via electronic transmittal, containing information concerning: the status and progress of each ordered milestone covered under Condition 9 of this Order, compliance or noncompliance with the applicable requirements of this order, and any reason for noncompliance. 11. Respondent agrees to pay the Health Department stipulated penalties in the amount of $100 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 9 and 10 of this Order. The Health Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Health Department's issuance of written demand for payment, and shall do so as further described in paragraphs 12 and 13, below. Nothing in this paragraph shall prevent the Health Department from filing suit to specifically enforce any terms of this Order. Page 220 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 4 of 8 12. Respondent shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the "Florida Department of Health Palm Beach County" and shall include FILE NO. SW -15-08 assigned to this Order. 13. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Laxmana Tallam, P.E., Environmental Administrator, Air and Waste Section, Florida Department of Health Palm Beach County, 800 Clematis Street, 4th Floor, 33401. 14. Respondent shall allow all authorized representatives of the Health Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by and/or delegated to the Health Department. 15. In the event of a sale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Health Department of such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order. 16. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond Page 221 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 5 of 8 the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Health Department by the next working day and shall, within seven calendar days notify the Health Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances. 17. The Health Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for alleged violations up to the date of the filing of this Order. This waiver is conditioned upon Respondent's complete compliance with all of the terms of this Order. 18. This Order is a settlement of the Health Department`s civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 19. The Health Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Health Department that are not specifically resolved by this Order. Page 222 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 6 of 8 20. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 21. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120,68, F.S. 22. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Health Department, and filed with the clerk of the Health Department. 23. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S. 24. This Consent Order is a final order of the Health Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Health Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Health Department, Persons who are not parties to this Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Order means that the Health Department's final action may be different from the position it has taken in the Order. The petition for administrative hearing must contain all of the following information: a) 'The Case Number assigned to this Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; Page 223 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 7 of 8 c) An explanation of how the petitioner's substantial interests will be affected by the Order; d) A statement of when and how the petitioner received notice of the Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Order; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Health Department to take with respect to the Order. The petition must be filed (received) at the authority's Legal Office, Attention: Chief Legal Officer, located at 800 Clematis Street in West Palm Beach, Florida, 33401 within 21 days of receipt of this notice. Failure to file a petition within the 21 -day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120,573, Florida Statutes, is not available in this proceeding. FOR THE RESPONDENT: Lori LaVerriere 38T citti, N-lailager DONE AND ENTERED this _ day of 2015 Page 224 of 441 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 8 of 8 STATE OF FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY Timothy G. Mayer, R.S., MPH, Director Division of Environmental Public Health FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to § 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. sm Date Page 225 of 441 03 CODE COMPLIANCE & LEGAL SETTLEMENTS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Approve settlement of Mr. Ryan's attorney fees in the case of CITY OF BOYNTON BEACH, a Florida municipal corporation, Petitioner vs. FRANK JANOTS, THEODORE RYAN, GERHARD DEGEN, et al., Respondents — Palm Beach County Circuit Court Case No. 50 2003 CA 010606 XX ED(AJ) EXPLANATION OF REQUEST: This matter pertains to one of four parcels the City acquired by eminent domain back in 2003. The City settled full compensation with Mr. Ryan for $99,000. As part of the settlement, the City also paid Ryan's attorneys fees of $12,210. The City and Ryan have been litigating over entitlement to the $ 99,000 based upon the fact that the City had two code liens on the property. Initially, the Court ruled in favor of Ryan. The City appealed. The 4th DCA reversed. On June 6, 2016, the court entered an order directing the clerk of court to disburse the balance of $98,411 to the City. Ryan has multiple pending motions for attorneys fees and costs at the trial level and for the two appeals. Pursuant to the eminent domain statute, the City is obligated to pay attys fess for an appeal taken by the City, regardless of who prevails and if the property owner appeals, only if the property owner prevails. Previously the trial Court awarded Ryan $0 as attys fees. Ryan appealed. The 4th DCA ruled that Ryan is entitled to a reasonable fee and $0 is not reasonable. Mr. Cynamon seeks a total of approx. $140,000 for attorneys fees and costs. We have retained Tom Goldstein as an expert. Mr. Goldstein will testify that a reasonable fee is approximately $ 37,000 . Mr. Cynamon has agreed to settle for $98,411. The continued hearing before the trial court is set for 3 hours on 7/22/16. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Allow for completion of eminent domain proceeding. FISCAL IMPACT. Will depend on settlement or outcome of hearing if no settlement. ALTERNATIVES: Do not authorize the settlement and proceed to hearing. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 227 of 441 Grant Amount: REVIEWERS: Department Legal Finance City Manager Reviewer Action Swanson, Lynn Approved Howard, Tim Approved Howard, Tim Approved Date 6/27/2016 - 1:55 PPA 6/27/2016 - 2:28 PPA 7/1/2016 - 7:34 AM Page 228 of 441 8.B. CODE COMPLIANCE & LEGAL SETTLEMENTS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Hear Appeal by Mr. Ralph Skarecki, Property Manager, of Lien Reduction Order signed on May 5, 2016 by Special Magistrate Carol Ellis regarding Code Case 15-1376 involving Golfview Harbour Estates Association, Inc. EXPLANATION OF REQUEST: On June 20, 2016 the Code Compliance division received written notice from Mr. Ralph Skarecki, Property Manager for Golfview Harbour Estates, Inc., indicating that he wished to appeal the Lien Modification Order that Special Magistrate Carol Ellis signed on May 5, 2016. In accordance with the City's Code of Ordinances, Article V, Chapter 2, Sec 2-90, this appeal is to be brought before the Commission. Attached is a history of the case, including the minutes from the 4/20/16 Code meeting and the Lien Modification Order. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted If Order is modified, there will be an impact on the $1,634.12 currently owed. ALTERNATIVES: Per City Ordinance, Article V, Chapter 2, Sec. 2-90 (4), the City Commission shall make one of the following rulings: a. Affirm the final order in full. b. Modify the final order. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 229 of 441 ATTACHMENTS: Action Type D Addendum D Addendum D Addendum D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Police Finance Legal City Manager Description Code Compliance Memo with Case History City Ordinances Lien Reduction Transmittal Memo Lien Modification Order Applicable 4/20/16 Code Hearing Minutes Lien Reduction Procedure handout Email string regarding Appeal Reviewer Action Crawford, Suzanne Approved Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved Date 6/28/2016 - 1:57 PPA 6/29/2016 - 10:24 AM 6/29/2016 - 11:17 AM 7/1/2016 - 7:40 AM Page 230 of 441 City Commission City t 100 East Boynton Boulevard Boynton Beacb, FL 33425 .our Estates Assoc. On June 20,,2016 1 received written notice via an enudl from Mr. Ralph SkmwJd, Property Manager Estates, Inc., t o wished eLien Modification Order that Special Magistrate Carol Ellis signed on May 5d, 2016. In his ernail, �&. SkarecId cited the following re ons for his IEW TherefOre, as OutlinOdCity's Ordinances, Article V, Chapter 2, Sees appeal is brought before you y appeal America's Gulfstream Page 231 of 441 On June 11, 2015, after confirming bothviolations ms a Pierre initiated Code so (15-1376); theti if which listed the fbIlowing violations and/or actions:corrective o" site plan approval is requiredftomthe PlanningZoning t before you can change the color oft i i ° " o "Remove the vee —outside storage is not allowed " Notice of Violationsent on June 11, 2015 by regular mail to each of the following: o Golfview HarbourEstates, ° eJo Associated Pmperty Management, 1928 Lake WorLh Rd., Lake Wortk FL 33461-422listed in the records o,f the Palm Beach County Coll o Sachs, 1 ., at 6111 Bmken Soundto 200, Boca Raton, (registered for offview Harbour Estates). One of these Noticesthe Post Office on July 1, 2015 undelivmble, probably the one sent o Associated managmnent. On July 2, 2015, o " Piwe conducted a re -inspection and notedthe violations still existed. Therefore, on July 22, 2015, a Notice of Heafings" o was scheduled the t 1, 2015 Code Hearing was sent by Certified Mail to each of the following: o Golfview HarbourEstates, Inc. o Quality Management Gmup, 9045 La Fontana Blvd., 1 1, Boca Raton, FL 33434. o Caplan, , " ® listabove). o Both , retumed signed received. Page 232 of 441 o An Affidavit of Non -Compliance was sent to both indicating the property had not come into compliance by the ordwed date of Septanber 18, 2015. o A Letter was sent to both advising that the case was being placed on the agenda fbr the October 21, 2015 Code Hearing for Fine Certification. a Both It wexe sent togeffier, by Certified mail. T'he envelope sent c/o Quality Management Group was returned as not being deliverable. ffli There is a signed green card fi-om Sachs6 Sax, 8c Caplan, P.A. On September 29, 2015, Mrs. Springer sent an email to Police Chief Katz providing a synopsis of the case thus far and focused on how the s000nd violation was initiated and later deleted. It is important to no that Mrs. Springer's response is part of a string of Page 233 of 441 18, 2016, the Partial Releaseof Li . On March , 2016, Mr. Skamid submitted a site plan modification to the Planning & Development. On March 7, , Code Compliance was notified by Principal1Breese of Planningels t ffiat the site 1 m tion had been approved; therefore, the violation was now in comp 2016,On March 8, s° Springer issuedi of Compliance and sent it by regular mail to the ar o Golfview Harbour Estates, Inc. c/o Quality Management Group (as listed above). o Sachs, Sax, P.A.(as listed above). Page 234 of 441 N Neither Affidavit was retumed asnotbeing deliverable. - On March 2,2 , as a follow up to previous discussions regarding the process, Mrs. Springer sent an email with a Lien Reduction Hearing Application fbnn attached to W Skareeld requesting that he sign and retmn it with the $200.00 fee. On April 14, 2016, Mrs. SPrhiger rwvived the executed application and fee. The Lien Reduction Hearing was pl,aced on the March, 18, 2016 Code Hewing agenda. Athwhments: dinances 2-84 ffimugh 2-90 regardmg theLien Reduction process - Lien Reduefion Transmittal Memorandum Page 235 of 441 AWEICLE V. CODE COMPLIANCE BOARD; SPF..'CIA.I., MAc,,is,.rRA",'rL? Pagel of fittp-,Illibrary.en3legal -coral nxttgatew. aydlllFlo.�n.ydaftntonlpartiicocleofo.rdinanceslc,hapter Page 236 of 441 6/26/2016 ARTICLE V. CODE CUM PLIANCE BOARD; SPECLALMWISTRA'FE Page 237 of 441 http://libnuy.amlegal-com/nxVgate way.d,U/Floes &vboynton/pufflco&ofordinancess chapter... 6/26/2016 nW-CW"zrBRYALQ-qB"a Code Compharux- LhvL9xm Hwne, (561) 742-6120 FAX., (&51) 742-6838 LIEN REDUC71ON TRANSMITTAL MEMORANDUM Said review mus't occur within thirty (30) days of the request for review. a Upon such MAW the CRY Commission may take one of the follovAng actions, a - Uphold the Code Compliance Board's reDommendation in full. b. Over -rule the Board's decision in full. C. Modify the Board's Final Order. a The City Commission $hall direct staff to take action consistent with their review of the "Lien Modffication OrderO. 1, hereby request the Cky Manager's Office to place the above referenced case on ft next available Cky Commission Agenda for review. Signed on this dat% the day Of ,aro20— Page 238 of 441 5. The City shall prepare a release and satisfiaction consistent with this oTdcr, & The release and satisfaction shall be recorded in the public re rd of Palm Beach County at. the Respondent's expense, 7This Order is not final until the fivic period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission, 7In the event that the property owner does not comply with the Magistrate's order, as approved or modified by the City Commission, within ninety l ) days of Commission's action, the Lion Reduction Order shall be of no further foTce or effect, and the original lien' shall remain on the property, No extensions of the ninety (90) day period shall be permitteip and no further action by the Code Compliance Magistrate or the City Commission shall be pennitted regarding lion reduction. 4,rNE ANDORDERED m Beacounty after hearing at City of Boynton Beach, Palau C, Florida this ,��d y of A 2016. H Carol D. Ellis CODE COMPLIANCE WiGISTRATE Page 239 of 441 Ralph Skarecki, Quaft Management, Managing Estates, recounted the Belies of miscommunications on the case. He was under the impression t the matters were handled. He did not find out about the naturef the Code int until January of 2010. The HOA doest feel they shouldfine. Ms. Springer asserted that they were aware of the problem then, afthough Mr. Skareck! sald the HOA did not know it was fbr the paintingf the buildings, Ellisi the naturef lion reduction, Ms. BlIs again stated she cannot revlsft actions from the past. Page 240 of 441 Based on the testimony, Ms. Ellisthe lien to $1,000 plusthe administrative costs of $634,12. Page 241 of 441 Dear Applicant, Christopher T. Yannuzz! Code Compliance Coordinator ,Amenca's Gate=y to the Gulmmam Page 242 of 441 hristopher From: Yana i, Christopher Sent: Thursday, June 23, 2016 5:10 PM Tm 'Ralph Skareckl' Subject RE. Golf View Harbour Lien Reduction Third Request I will take the necessary actlon to have it pia ed on the July 5t` enders Please feel free to contact one if I can assist IM, any otf-er way ChrIstapher T. Yannuzzi I Code CompNance CoordInator (1 Boynton Beach Police. Department 1 561.742.6121 office � 561.742.6838fax i nnaunf� Follow Us On: Web-- Lyftter & TT e _, ficebgou&_ "Police must sec&,ire the wMing coopenstio- of the public in voluntary observance of the Iaw to be able to secure and rnaln'tainthe respect of thee,%, public.'" Sir Robert Pee) From: Ralph Skarecid (malto:rvskareck!Oqualitymmpanies.oc] Sent: Thursday, June 23, 2016 4:37 PM To: Yannuzzl, Christopher Subjects. RE: Golf Vlew Harbour Lien Reduction - Third Request M From: Yannuzzl, Chrftpher [rnallto:JunnyzdC@bb&UsJ Sent: Thursday, June 23, 2016 4:29 PM To., Ralph Skareck! J As 1 started lr� rny,hune 20, 7026 ernaik . . .. .. .. . .. .. have no option but to pWce it on either the July or h dy 19 agenda,, I am leaving ft urf to you to tei%ll fnne whictj, 15 fl'j(l "nost convenient N�ease adv�,,se, MI= Page 243 of 441 Christopher T. Ya I Code Compliance Coordinator I Boynton Beach Police Department 561.742.6121 office I 56i.742.6838 fax I yianRUI;gid, I Follow Us On. Web- !Ift= fLogbook- ygkTub "Police rnustsecure the wifling cooperaldon of the public in vojungary obsenlance of the law to be ab'etosecure and rnaintain the respeLl ol'the public,," Sir Robert Peel Sent: Thursday, June 23, 20116 4:19 PM To. Yannuzzi, Christopher Subject., RE:,Golf View Harbour Uen Reduddon -71ilrd Request I just replied that the first meeting in August i'm available not the two jully Meetings From: Yannuzzi, ChrlsbDpher [rnaIIW:YaDnyZZK@WAW Sent: Thursday, June 23, 2016 4:17 PM ® Ralph Skarecki SubjsCt.- RE: Golf VIew Harbour Lien Reducdon - Third Request Importance: Hiqh I have not heard 4 reply from you regarding al y errmil june 20"emaill (beioelt) regarding phaming you on 'the Adly iWh Cornmission agenda, Please let mer know if this will work instead of the July 5" agem,:Ia, Christopher T. Yannuzzi I and ComplIance CoordMator I Boynton Beach Police Department 1 561.742.6121 office 1561.742.6838 fax ygnaU;1I et �Ijs Follow Us On,,,, fto 'I Lgr; E% ge,,tqq 'Police must secure the wiflying cooperaftion of the pubNc in voluntary observance �,.)f the law to be able to secure and maMtaggn the respecl the pubffc." Sir Robert Peel From: Yannuzzl, Christopher Sent: Tuesday, June 21, 2016 11,42 AM To: 'Ralph Skareckj' 1% Page 244 of 441 Just following up on n,{y Wow ern it from late yesterday, Does July 19, 2016 work? I Christopher T. Vannuzzi I Code Compliance CoordInator Boynton Beach Police Department I I fl 561,742.6121 office 1561.742.6838 fax Iy _Raniggic Follow Us On: Web- 1w rer, Face k o Tqbe "Police must secure the willing cooperation of the public in voluntM observance of the is to be able to secure, and maintain the respect of the public." Sir Robert Peel From: Yang i, Christopher Sent: Monday, June 20, 2016 5:24 RM Tome 'Ralph Skareckl' SubJect: RE: if View Harbour Lien Reduction Ire., Ord ina nce001-07, the review mg,,ist occur wifthin 30 days of the request. So ivou)d the Second Commission mieeting in july or better for on Tuesday, July 19,2016? Christopher T. Yannuzzi ! Code CornplWnce Coordinator I Boynton Beach Police Department 561.742.6121 office I S61-742.6838, fax I yjnnmzzjgg I Follow Us On, Wet; T�wltterfjggbgg�k� yWTubg 'Voflrce rnust secure the wflUng cf:ji.,ilperaflon ofthe public in voluntar, b e , an,,,,e , f the aw o 10 5 fit r a I be able ta securp and maintain the respect W"the pullbiNc." it Robert PW From., Ralph Skareck! [maft.L- -&kamgWfflWArAyLgM2An,i , 4 Sent: MondayJune 20, 2016 4:59 PM _q5S TOR,Yannuzzl, Christopher Subject: RE: Golf View Harbour Lien Reduction If you can put ft on the first meeting in August t,hat would be better I I. U From., Yannuzzi, Christopher [rnaIb-.Y&nnUZZK@hhW Sent: Monday, June 20, 2016 4:54 PM To: Ralph Skarecki Su,bjed., RE, Golf View Harbour Uen Reduction Page 245 of 441 I have rp A-, nda, Th"Is is the earPest I-Alate 4 J -ce'ved you�r request and will process this fior ohm Aly 5, 421016 Cmn , - ��, , I I e avaNaWe, due to the fact that the Cornrnisslons Agenda "Par tornonrow night is iWeady closed, I'll keep you posted as the JUsdate ap p no a c 1 4 a Christopher T. Yannuzzi I Code Compliance Coordinator! Boyntion Beach Police Department 561.742.6121 ofte 361.742.U3B fax I azzigfiftlafl, a Follow Us On: Mb- ,Tw1.tter&2Lbo lcyouTubg 'Police rnust secun,,, t1he Willing clooperation of tkm public In voWntary observance of the law to be able t-10 secure and rants "In the resiaect of the oubilc.` Sir Robert PeeJ From,. Uph Skareck! 11 ilei Sent: Monday, June 20, 2016 4:46 PM To., Yannuzzi, Christopher Cc., Breme, Ed; Mack Andrew Subjwk: RE., Golf View Harbour Lien Reduction Thank you rcr, the swifit reply, sve wouldlNe to appea� the decislon of the magistrate and be,, placed on the agenda for F th,fe next avki fla ble meeting with the rf,-,,,mrn fssion. The reavmfor th,,e appea I is that the magistrate didn't exactly hea r the ca,, se but reduced the fines, Both Commissioner CaiseUo andthe Oty Mlanager werein on the d1scussion with thirs case towards tura end andw didn't gent a chance to let the magistrate hear arta -.211se arid provide evidence that we! were told ti"Te viMations were to kIng carsa of when in fax they rverent, sent. Monday, June 20, 2016 4:38 PM To: Ralph Skareck! Cc., Breem, Ed; Madc, Andrew SubJect: RE: Golf View Harbour LL -n Reduction Good afternoon?, You are corrert, In that normafly the fn/llnutes, of Oes e meeting make il, back to this office in a rnore timely 11"i,,ishion to processithern and the Maglstrai+M's Orders wlulhin a 45 -day -thrnie lhame. Unforttinateiy, the April and May Mirn,,,ites werf,,,A tmudsually delayed and #justre ceived them 4i'l., 1 hursdaty, evening. As Nos the section that deals with this case, I reviewed there and there are no carrectlions needed. 'Therefore, I foruvarded that section - abrig sieith Uric Order -to the City "Ie k, who will then senid thern on *o each Clifty Cornrniss'on n.,wrnber for C'I their individualo eoiaminstkm. "rhey ieffli have T -days (beginning tomorrcroflfc�r this rewlew. 0 Page 246 of 441 fff you %onsh to appeal the Magistrate's Lien ReducorOrder you mustno0f-V nne Within, this7-dj�MLd. I Mease include the reason(s) you feel the lien shotfld befurther reduced, The matter will then be pl,'aced on a Commission meeti-ing agerida. AVt this point, the earliest rrmel"Ing wouid be Tuesday, July 5, 2016 at 630PIVI, Please keep in mind haaat the Cornnfl,�s0nn wM haveithree ow"Ums, aftinate, sustain 1,,)r incrsase Hie currenf fine and ff" rw appeal is filed by yoig wIthin the 71 -day period ending Tuesdtial, .Wne 28, 2016, then the Orbler IN, fit" ai and 1 will mail a COPY tO v0uIcan, also ernall It to you on that day so you'll Ihave l'it swoner, As a rerningde�" the Magist-trate's Order 1,Anis to reduce the acc-,imulated Fine of S17,000 plus the, Administrative Fee of $634.12 (Tcrtal $17,63412's, to a tpl,DOO Fine plus the Administr tive Fee of W4.12 or ai'iew tcrion of $1,634.1-2. Payment of the reduced amount would be required wit'hin 90 -days of end ofthe 7 -day review perlod �„Iune 28, 2016) or by he close cil”, business on Tuesday, September 26, 201& T Ne attached a copy of the letter that yw,,A should have been, handed at the April Code Hearing also described 11he above process. Let me know if you need anything else. Christopher T. Yannuzzi I Code Compflance coordinator I Boynton Beach Pollee Department 1 561.742.6121 office 1561.742.6838 fax I yffinijzzJc&b fl.us Follow Us On- Web° 1w L_er; x, TUp "'PrAice must secure the w1flingcoo.masa ala: n of the pubPc in volurrtar-,,/ observance of the law to be able to secure and rnalintain the respect r3f, tihtl P-UtIlIc"' Sir RoWrI Peel From., RalphSkaredd [mAflWmmkgMd&qUdWycQm qAnhgW _ Sent., Saturday, 18, 2016 5:07 PM To., Mack, Andrew Q.- Breese, Ed; Yannuzz!, Chriftpher Subject: RE: if View Harbour Lien Reduction Thank you for the sw' Ift reply From., Mack, Andrew [rnallto:dackA@L" Sent., Saturday, June 18, 2016 4:46 PM To: Ralph SkarecM CC: Breese, Ed; Yannuzzi, Christopher Subject: Re: Golf View Harbour Lien Reductil I have copied Chris Yann in code and he can give you an update status on the notice. Also steps to appeal to City Commission or if there is other alternatives. Page 247 of 441 On Jun 18, 2016, at 4�09 PM, Ralph Skareck! <�.u.'r:rr, art. k case.meeting for case 15-1376. The Code official stated we would receive information within 45 days regarding our Ralph Skareck! Property Manager Andrew P. Mack, .Ea, COO, LEED APS Director of Development/Citynnr Development Department/Pubilc Works Engirwering City of Boynton Beach 100 E. Boynton Beach Blvd. � Boynton Beach, Florida 33435 : 661-742-6374 1 f: 61=743-6357 MKkA,ftbfLuj p t2ff.bg rj America's Gateway to the Gulfstream Page 248 of 441 11.A. UNFINISHED BUSINESS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Consider the recommendation from the Recreation & Parks Advisory Board to allow leashed dogs at Jaycee, Intracoastal, Dewey and Boynton Lakes Park. EXPLANATION OF REQUEST: At their meeting on May 23, 2016, the Recreation & Parks Advisory Board voted unanimously to recommend allowing leashed dogs at Jaycee, Intracoastal, Dewey and Boynton Lakes Park. This concludes two one year trial periods during which the Advisory Board wanted an opportunity to determine if allowing leashed dogs at these would become problematic. At the April 1, 2014 meeting, the City Commission approved a recommendation from the Recreation & Parks Advisory Board to allow leashed dogs at four of the City's parks for a one year trial period. The Board recommended the trial period so that it would be possible to analyze the impact that dogs would have on these parks. Subsequently, the Commission also approved the Board's recommendation to extend the trial period for an additional year. Although it is evident that some owners are not picking up their dog's waste, and on occasion some dogs are allowed off leash, these issues are not uncommon and ultimately have not had a significant detrimental effect on these parks. It is also evident that for many people dogs are commonly accepted as part of the family and families appreciate having locations such as these parks to share with their dogs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant affect since dogs have already been allowed at these four parks for the past two years. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Do not allow leashed dogs at the four parks. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 249 of 441 ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Pyle, Judith Finance Howard, Tim City Manager Howard, Tim Description Advisory Board Mtg Minutes Action Date Approved 6/21/2016 - 10:42 AM Approved 6/30/2016 - 3:08 PPA Approved 6/30/2016 - 3:36 PPA Approved 6/30/2016 - 3:55 PPA Page 250 of 441 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida May 23, 2016 Mr. Majors returned to Item B. under NEW BUSINESS. Mr. Majors reviewed that the City Commission approved a trial period allowing "nice" leashed dogs at four parks: Dewey, Boynton Lakes, Jaycee, and Intracoastal. Mr. Majors said he has not received any complaints in the two years. Motion made by Ms. Stern, seconded by Mr. Kanter, to recommend allowing leashed dogs at the four parks already listed. In a voice vote, the motion passed unanimously (6-0). Chair Pierce -Roe commented there are other parks where people might like to walk their dogs. Mr. Majors mentioned they want to avoid parks where there are playgrounds and parks that have a lot of activity. He noted there is going to be a dog park at the Renaissance Commons. Mr. Majors stated they could have more pilot projects for dog -friendly parks in the future. Mr. Majors showed photos of the Education and Youth Board shirts as a possible choice for shirts. The color could be different: women could get the V-neck, and men could have the regular collar. If the Board likes the style, he can go ahead and order them. Members of the Board said they wanted a "forest" or Kelly green color. Mr. Majors took the shirt sizes. He said he could order nameplates to put on the shirts. D. Upcoming Events - Wacky Water Day - June 18, 10 a.m.-1:00 p.m. &;T, Denson Pool I Mr. Majors said the new water slide is done. Mr. Byrd asked if Mr. Majors had any feedback -on the drone usage/program at Hester Park. Mr. Majors said there were some scheduling conflicts with the original President of the South Florida Flying Club, and there is a new President now, who has more of a marketing background. He said the new President is eager to get the children involved. Mr. Majors reviewed the history of the project. They have had several projects inside the gym at Hester. He emphasized whoever operates a drone there has to be a South Florida Flying Club member - youngsters 19 and younger have a free membership. Page 251 of 441 11.B. UNFINISHED BUSINESS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6/21/16 for 90 days) EXPLANATION OF REQUEST: The City Commission has been asked to consider passing a Resolution in support of the Atlanta Braves returning to Palm Beach County for their spring training. The Atlanta Braves trained in PBC from 1963 to 1997 when they moved to Orlando, and now, with their current spring training stadium lease expiring at the end of 2017, they are looking to return to PBC to establish a new spring training stadium. All the criteria that were required for a site are met at John Prince Park. According to Palm Beach County, reports show that baseball spring training is a proven economic driver and creates jobs. The proposed stadium as an estimated yearly $95 million return on investment and is predicted to create nearly 1,300 total jobs. Following the construction phase of the stadium, the ballpark is expected to maintain an estimated 1,100 of those jobs. It is believed that this type of project aids economic development and enhances our local communities HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. None ALTERNATIVES: Do not pass the Resolution of support. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 252 of 441 ATTACHMENTS: Type D Addendum REVIEWERS: Department City Clerk Description Reso supporting Braves relocation Reviewer Action Date Pyle, with Approved 6/22/2016 - 11:53 AKA Page 253 of 441 1 RESOLUTION NO. R16- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA SUPPORTING THE LOCATION OF THE ATLANTA 6 BRAVES SPRING TRAINING BASEBALL FACILITY IN SOUTH 7 CENTRAL PALM BEACH COUNTY AND PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Palm Beach County Board of County Commissioners is 11 considering an effort to work with the Atlanta Braves ("Braves") to return to Palm Beach 12 County; and, 13 WHEREAS, the Braves were located in West Palm Beach for 34 years building a 14 strong local following of fans and supporters; and, 15 WHEREAS, the Braves are one of the oldest baseball franchises winning 3 16 World Series and was the team of local resident Hank Aaron #44 who broke Babe 17 Ruth's career home run record in 1974; and, 18 WHEREAS, a Braves Spring Training site in South Central Palm Beach County 19 would provide an opportunity for residents, families and children, and visitors alike to 20 attend professional baseball games; and, 21 WHEREAS a Braves Spring Training site in John Prince Park would provide a 22 tremendous economic impact and provide additional tourist bed tax revenue; and, 23 WHEREAS a Spring Training facility would provide an important venue for 24 other sporting and cultural activities to the City of Lake Worth and surrounding 25 communities. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: [00135729.1 306-90018211 Page 1 of 2 Page 254 of 441 29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 30 being true and correct and or hereby incorporated herein. 31 Section 2. The City Commission of the City of Boynton Beach strongly 32 encourages and supports Palm Beach County in its effort to Bring Home the Braves to a 33 SPRING TRAINING FACILITY IN JOHN PRINCE PARK. 34 Section 3: The City Commission directs that a copy of this Resolution shall 35 be provided to Palm Beach County and the Atlanta Braves and all other parties as 36 deemed appropriate by the City Manager. 37 Section 4: This Resolution shall be effective immediately upon its passage. 38 PASSED AND ADOPTED this day of , 2016. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 Interim City Clerk 61 62 (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 {00135729.1 306-90018211 Page 2 of 2 Page 2 55 of 441 12.A. NEW BUSINESS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Commissioner Katz requested the Commission discuss and consider a date for a workshop on the Town Square Project as mentioned in the Strategic Planning Workshop on June 24, 2016. 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 Reviewer Action Date Finance Howard, Tim Approved 6/00/2016 - 11::0 AIV Finance Howard, Tim Approved 6/00/2016 - 11:51 AIV City Manager Howard, Tim Approved 6/00/2016 - 12:00 PIVA Page 256 of 441 13.A. COMMUNITY REDEVELOPMENT ADVISORY BOARD 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Reports -- None 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 Reviewer Action Date City Clerk Pyle, Judith Approved 6/22/2016- 11:43 AM Page 257 of 441 13. B. COMMUNITY REDEVELOPMENT ADVISORY BOARD 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Pending Items 1. City Services Survey for the CRA 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 Reviewer Action Date Pyle, Judith Approved 6/22/2016- 11:43 AM Page 258 of 441 13.C. COMMUNITY REDEVELOPMENT ADVISORY BOARD 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: New Assignments -- None 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 Reviewer Action Date City Clerk Pyle, Judith Approved 6/22/2016- 11:43 AM Page 259 of 441 14.A. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-010 - SECOND READING - PUBLIC HEARING -Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise (CDRV 16-001). EXPLANATION OF REQUEST: This proposed amendment to the Zoning Regulations is intended to increase the opportunities for the sale of quality used merchandise by regulating consignment shops similar to antique stores, by adding additional zoning districts where consignment shops are allowed, and by increasing the maximum size standard applicable to consignment shops from 5,000 square feet to 25,000 square feet. To promote small scale businesses and shops along Ocean Avenue and in the downtown area, the amendment would also add the lower maximum size standard of 2,500 square feet to be applicable to both groups of used merchandise stores within the CRA. It should also be noted that a longstanding business in the County would benefit by the proposed change contingent upon locating the eligible property and executing a lease. Both staff and the Planning & Development Board forwards this item 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: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Not applicable Is this a grant? No Grant Amount: Page 260 of 441 ATTACHMENTS: Type D Ordinance D Exhibit D Staff Report D Amendment REVIEWERS: Department City Clerk Description Ordinance Sale of Used Merchandise Exhibit A to Ordinance Staff Report Exhibit "A" - Proposed Amendments -Zoning Use Matrix Exhibit "B" - Proposed Amendments - Zoning Matrix Notes Reviewer Action Date Pyle, Judith Approved 6/22/2016- 11:53 AKA Page 261 of 441 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. 16-010 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II ENTITLED "DEFINITIONS"; AND CHAPTER 3, ARTICLE IV, SECTION 3.1), "USE MATRIX" AND NOTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed amendment to the City's Zoning Regulations is intended to increase the opportunities for the sale of quality used merchandise by regulating consignment shops similar to antique stores by adding additional zoning districts where consignment shops are allowed and by increasing the maximum size standard applicable to consignment shops from 5,000 square feet to 25,000 square feet; and WHEREAS, in order to promote small scale businesses and shops along Ocean Avenue and in the downtown area, the amendment would also add the lower maximum size standard of 2,500 square feet to be applicable to both groups of used merchandise stores within the CRA; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article 11 of the Land Development Regulations entitled E Page 262 of 441 30 "Definitions" is hereby amended as follows: 31 Definitions (LDR, Chapter 1, Article 11): 32 ... 33 34 MERCHANDISE, USED (ANTIQUE & CONSIGNMENT SHOPS AND 35 BOOKSTORES) - An establishment primarily engaged in the retail sales of objects of 36 value, of which, are at least fifty (50) years old and/or collectibles that are desirable due to 37 rarity, condition, utility, or some other unique feature, or an establishment that principally 38 sells furniture and household furnishings under a consignment arrangement. 39 40 MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of 41 used merchandise, such as a clothing er- beeks fie. "Merchandise used (other)" may also 42 include either of the following types of establishments: (1) se6E)f1d aft sales E� 43 ' -1 s re a d th -,,,,g ., b -ake - (,.a s ,.,,,ti, ent); (2) loaning money on the security of 44 pledges of personal property (pawnshop); or (92) merchandise principally donated (thrift 45 store). This classification does not include the sale of secondhand motor vehicles or parts. 46 47 ... 48 Section 3. Chapter 3, Article IV, Section 3.13 of the Land Development 49 Regulations, Use Matrix Table 3-28 (Excerpt) is hereby amended as follows: 50 ... 51 D. Use Matrix (Table 3-28). 52 See attached Exhibit "A" 53 54 Section 4. Chapter 3, Article IV, Section 3.D. of the Land Development 55 Regulations, Zoning Matrix Notes is hereby amended as follows: 56 57 Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) 58 ... 59 60 52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area 61 shall not exceed twenty five thousand (25,000) square feet, except if proposed within the 62 Community Redevelopment Area, the maximum size is fi.,e thettsand twenty five hundred 63 (5-,089 2,500) square feet. The maximum size may be increased up to ten thousand (10,000) 64 square feet if approved as a conditional use. This size restriction shall prevail if it conflicts 65 with the size limit set by another applicable note. An auction house is allowed but only as an 66 accessory use qualifying under this paragraph 67 2- Page 263 of 441 68 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five 69 thousand (5,000) square feet of gross floor area except if proposed within the Community 70 Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet.-, and 71 must be located a minimum distance of two thousand, four hundred (2,400) feet from 72 another merchandise, used (other) or multiple -vendor market establishment, as measured by 73 direct distance between property lines. The floor area of an existing merchandise, used 74 (other) establishment shall not be expanded in instances where located less than the 75 minimum separation requirement. All new applications to operate such uses or applications 76 for building permits to expand such uses shall be accompanied by an affidavit certifying 77 compliance with this restriction. Exterior storage and display in connection with such uses 78 shall be prohibited. 79 80 Section 5. Each and every other provision of the Land Development Regulations 81 not herein specifically amended, shall remain in full force and effect as originally adopted. 82 Section 6. All laws and ordinances applying to the City of Boynton Beach in 83 conflict with any provisions of this ordinance are hereby repealed. 84 Section 7. Should any section or provision of this Ordinance or any portion 85 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 86 affect the remainder of this Ordinance. 87 Section 8. Authority is hereby given to codify this Ordinance. 88 Section 9. This Ordinance shall become effective immediately on second. 89 3- Page 264 of 441 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 FIRST READING this 21st day of June, 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello 4 - VOTE YES NO Page 265 of 441 0 cYi U N U fid (lid p civ vN AI cyi v t -W H-flW a £7 -fes N l flwS a ,( Clod (1SD , 0 Z -D N T- 1 dffw Qfid hQfidi Nd z -x 1-ld V-1-ld VV-1-ld TTt-x � � O. O N ) EXHIBIT "A" — Use Matrix DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-021 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise. 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 amendment would promote business attraction or retention within the City (#1) and clean-up two related glitches identified in the Zoning Matrix (#3). EXPLANATION The City's LDR was rewritten in late 2010 which included definitions for the different types of businesses that sell used merchandise, increasing the zoning districts where antique shops are permitted, adding "consignment shop" to the uses grouped under the heading "Merchandise, Used (Other) which includes pawn shops and thrift stores, and which retained the maximum size limit on businesses selling used merchandise, 5,000 square feet, as well as the minimum distance separation of 2,400 feet (the distance separation was not applied to antique stores, just the size restriction). The original uses, and the maximum size and distance separation standards have likely been in the City's zoning regulations since the mid -`70's or early 80's. -1- Page 267 of 441 Despite the amendments in 2010, the regulations on such businesses have been fairly conservative, likely due to the uncertainty with respect to the quality of merchandise that is typically featured by businesses such as thrift stores and pawn shops, and the possible lack of market for high quality antique or consignment stores. For example, related zoning inquiries received over the past two (2) or three (3) years have been mostly from Goodwill Industries, or from operators of small "mom & pop" used clothing businesses. However, staff has reviewed the regulations with the objective of increasing the provisions for the sale of used quality merchandise while maintaining the conservative approach toward lower quality items. This review was prompted by an inquiry from an established business within the County that operates mostly on consignment, selling rather valuable high-end and unique household furniture and furnishings collected from estates from within, and outside the State of Florida. Therefore staff proposes amendments to the City's LDR that include the changes as summarized below and in their entirety within accompanying Exhibits "A" and "B": 1. Revise the terms and definitions for the used merchandise groups to remove "consignment shops" from the general category and combine them with antique stores. This amendment combines two uses together that deal in higher quality items than the quality associated with thrift stores and pawn shops, therefore allowing them to be regulated similarly. If approved, consignment shops would then be allowed, along with antique stores, in all commercial and mixed use zoning districts, and with certain restrictions, within the R-3 and PID Zoning Districts (parcels designated for mixed use in the Quantum Park PID)(see Exhibit "B"). 2. Add book stores to this same used merchandise use group to again allow similar regulatory treatment as antique and consignment shops (see Exhibit "B"). 3. Increase the maximum size allowed for these uses to 25,000 square feet from 5,000 square feet, and establish a separate and lower maximum size standard for such uses in the Community Redevelopment Area (CRA) (2,500 square feet) to promote the small scale retail image as envisioned along Ocean Avenue and downtown (see Exhibit "B"). 4. Also decrease the maximize size limit on the "Other" used merchandise businesses (i.e. pawn shops and thrift stores) to 2,500 square feet for areas within the CRA (see Exhibit "B"). 5. Provide some warranted "clean-up" in the Zoning Matrix (see Exhibit "A") to correct a typographical error and eliminate redundancy in the note references. It should be noted that by placing Consignments Shops with Antique Shops, the Consignment Shops are no longer subject to a minimum distance separation, and that the minimum distance separation between uses within the "Other" category would remain at 2,400 feet. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments to increase accommodations for businesses that sell quality or unique, used merchandise. Attachment S:APlanning\SHARED\WP\SPECPRO.hCODE REVIEW\CDRV 16-001 Used MerchandiseAStaffReport.doc -2- Page 268 of 441 0 cYi U N U fid (lid p civ vN AI cyi v 1-W H-flW a Cl-aw N l ITf1w flwS a ,( Clod QSD , 0 Z -D N T- 1 dffw Qfld hafldi Nd z- d Nd �-1-� vv-1-ld EXHIBIT "A" — Use Matrix EXHIBIT "B" - NOTES Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) 52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area shall not exceed twenty five thousand (25,000) square feet, except if proposed within the Community Redevelopment Area, the maximum size is five thatisand twenty five hundred (5-,049 2,500) square feet. The maximum size may be increased up to ten thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet.-, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple -vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. I1) MERCHANDISE, USED (ANTIQUE & CONSIGNMENT SHOPS AND BOOKSTORES) - An establishment primarily engaged in the retail sales of objects of value, of which, are at least fifty (50) years old and/or collectibles that are desirable due to rarity, condition, utility, or some other unique feature, or an establishment that principally sells furniture and household furnishings under a consignment arrangement. MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of used merchandise, such as a clothing or- beeks stere. "Merchandise used (other)" may also include either of the following types of establishments: (1) ., b -ake - (,.,,nsig,,ment). (2) loaning money on the security of pledges of personal property (pawnshop); or (-32) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles or parts. Page 270 of 441 14. B. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-014 - SECOND READING - PUBLIC HEARING - Storage Tanks, Silos and Hoppers (CDRV 16-004) Approve amendments to the Land Development Regulations, Chapter 3, Article V. Supplemental Regulations, Section 3.T Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro -brewery industry. EXPLANATION OF REQUEST: The local micro -brewery industry has been growing since the LDR was amended in 2011 to allow the manufacturing of alcohol. The fourth brewery will soon be operating in the City, and the first one to open, Due South Brewery, is ready to expand. Mike Halker, owner/operator of Due South Brewery has inquired about the ability to add storage containers (i.e. silos or "hoppers") to his operation for the storage of brewing ingredients. The storage silos or hoppers would allow the purchase of the ingredients in bulk deliveries rather than in individual bags, which lowers costs. The City's LDR currently limits storage tanks for fuel (i.e. liquid or gas) purposes. The proposed amendments would expand the types of storage containers that are allowed within the City, and include the necessary setback and height standards to prevent impacts on adjacent residential properties or even visual impacts upon abutting rights-of-way. As indicated by the proposed amendments (see accompanying Exhibit "A"), the minimum required setback from the property lines is a factor of storage container height, and the maximum allowed height, is the maximum height allowed in the subject zoning district but not too exceed 10 feet above the principal structure. Breweries are currently allowed in the C-4, M-1, and PID Zoning Districts, and each have a maximum height limit of 45 feet. With respect to signage, staff supports branding and signage on the subject tanks for breweries and other businesses that would use this storage system, and current regulations would allow signage on the tanks as part of the overall allocation of sign area calculated from the linear building frontage. Staff would apply the same methodology as used in reviewing the placement of signage on a wall facade, to ensure that signage is in scale with the intended surface and compliant with all applicable standards such as the maximum size allowed for logos. Staff researched the regulations of other cities and as expected, found varying positions relative to the treatment of breweries and the storage of fresh and spent grain. For example, Dallas, Anaheim, Yorkville (Illinois), and Novi (MI) allow the use of silos for grain storage, while St. Petersburg, La Crosse (WI), and Jupiter limit outdoor storage to the temporary storage of spent grain until it is picked up for disposal. See the attached Exhibit "B" for examples of various microbreweries operating with storage silos or hoppers, in both industrial settings as well as commercial/retail environments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 271 of 441 Although not a Strategic Plan Action Item, the proposed amendments would support business development/growth in the City. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Amendment D Other REVIEWERS: Department City Clerk Description Ordinance amending use for Storage Tanks Staff Report Exhibit "A" - Proposed Amendments Exhibit "B" - Pictorial of examples Reviewer Action Date Pyle, Judith Approved 6/22/2016 - 11:53 AKA Page 272 of 441 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. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 3, ARTICLE V, "SUPPLEMENTAL REGULATIONS", SECTION 3.T. "GENERATORS AND FUEL TANKS" TO EXPAND THE PROVISIONS AND STANDARDS THAT REGULATE STORAGE BINS AND SILOS FOR USE BY THE MICRO -BREWERY INDUSTRY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the local micro -brewery industry has been growing since the LDR was amended in 2011 to allow the manufacturing of alcohol; and WHEREAS, the City's current LDR limits storage tank usage for fuel and the proposed amendments would expand the types of storage containers that are allowed within the City to add storage containers for the storage of brewing ingredients for the micro - brewery's; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 3, Article V, "Supplemental Regulations", Section 3.T "Generators and Fuel Tanks" of the Land Development Regulations, is hereby amended as follows: E Page 273 of 441 31 Chapter 3. Zoning, Article V. Supplemental Regulations 32 33 Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, 34 Excluding Walls and Fences. 35 ... 36 T. Generators and V� Storage Tanks. The permanent installation of generators and feel 37 storage tanks, silos and hoppers shall be allowed if used as a common accessory function to 38 a principal use, and must comply with the following regulations, unless found in conflict 39 with other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws: 40 1. Location. The sitingof f all generators and storage tanks shall require site plan 41 approval in accordance with Chapter 2, Art. 11, Sect. 2.F of these regulations. When 42 practical and not in conflict with other codes and standards, generators and storage tanks 43 shall be placed adjacent to a principal or accessory building to utilize the existing available 44 screening for the structure. 45 ; 46 47 , All structures regulated by this section 48 �s shall be setback at least three (3) feet plus an additional one (1) foot for every one 1) 49 foot above a height of 6 feet but not greater than the minimum setback for the principal 50 structure, . In additien all instances, they shall not 51 be allowed within the required front or corner side yards, including forward of the front or 52 corner side building lines, unless approved for an administrative adjustment if it is 53 determined that no other on-site location is available or feasible, or based on the finding that 54 by virtue of the use or design of the abutting property or development, the location would 55 have no negative impact. See Chapter 2, Article H, Section 4.A. for the regulations 56 pertaining to the administrative adjustment process. Additional setback requirements may be 57 deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to 58 further a redevelopment plan or other city initiative. 59 60 2. Height. The maximum height for vertical storage bins, silos and hoppers shall be the 61 maximum height for the zoning district, or 10 feet above the principal building, whichever is 62 less. Additional restrictions on height may be deemed necessary by the Planning & Zoning 63 Director to ensure land use compatibility, or to further a redevelopment plan or other city 64 initiative. 65 66 23. Screening. When used in connection with non-residential uses, generators and €tom 67 storage tanks shall be effectively screened from view with a wall, fence, landscape material, 68 or combination thereof, where visible from an abutting property or right-of-way. Screening 69 shall not be reauired for vertical storaue bins. silos or hobbers if the container is designed 70 compatible with the principal structure (e.g, similar colors and/or materials) and if the tank, 71 including all structural members, fillingor r empt iy ng equipment and signage are maintained 72 in a clean, rust -free and working condition without any peeling paint, staining or other signs 73 of wear. 74 75 ; 2) the fi 2- Page 274 of 441 76 ; and 3) eithe4ar- both are used in 60fifie6tiEffl Wi 77 non residential use that abuts residentially zoned pr-ape4y. hi these instanees, the eaelastir-_e 78 shall be designed with three (3) sides, with the ap !d opposite of the r-esiden 79 pr-ape4y. in addition, the walls of the eaelastir-e sh-al-1- -A*. I '_Q_A4:�WE) (2) feet taller- than t 80 generator-. The height of stieh generators shall be fneastir-ed ffem the na-tur-al gr-ade to t 81 . Additional screening may be deemed necessary by the 82 Planning & Zoning Director to ensure land use compatibility, or to further a redevelopment 83 plan or other city initiative. 84 85 86 ( v'4. Noise. In residential zoning districts, emergency generators shall be exempt from 87 the sound rating values set forth in the City Code of Ordinances when operated during power 88 outages. However, in no event shall the sound rating value of emergency generators exceed 89 seventy-two (72) dBA. 90 91 45. Testing. In residential zoning districts, emergency generators may be operated for 92 testing purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven 93 (7) -day period. Testing of emergency generators is permitted between the hours of 10:00 94 a.m. through 5:00 p.m., Monday through Saturday. No testing of emergency generators is 95 permitted on Sundays or federal holidays. 96 97 98 99 100 101 102 103 104 105 106 Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately on second. 3 - Page 275 of 441 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello 4 - VOTE YES NO Page 276 of 441 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-026 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf, Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article V. Supplemental Regulations, Section 3.T. Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro - brewery industry. 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 to meet original objectives or new vision. The proposed amendment would support business and economic development initiatives (#1). EXPLANATION The local micro -brewery industry has been growing since the LDR was amended in 2011 to allow the manufacturing of alcohol. The fourth brewery will soon be operating in the City, and the first one to open, Due South Brewery, is in need of expansion. Mike Halker, owner/operator of Due South Brewery has inquired about the ability to add storage containers (i.e. silos or "hoppers") to his operation for the storage of brewing ingredients. The storage silos or hoppers would allow the purchase of the ingredients in bulk deliveries rather than in individual bags, which lowers costs. The City's LDR currently limits storage tanks for fuel (i.e. liquid or gas) purposes. The proposed amendments would expand the types of storage containers that are allowed within the City, and include the necessary setback and height standards to prevent impacts on adjacent residential properties or even visual impacts upon abutting rights-of-way. As indicated by the proposed amendments (see accompanying Exhibit "A"), the minimum required setback from the property lines is a factor of storage container height, and the maximum allowed height, is the maximum height allowed in the subject zoning district but not too exceed 10 feet -1- Page 277 of 441 above the principal structure. Breweries are currently allowed in the C-4, M-1, and PID Zoning Districts, and each have a maximum height limit of 45 feet. With respect to signage, staff supports branding and signage on the subject tanks for breweries and other businesses that would use this storage system, and current regulations would allow signage on the tanks as part of the overall allocation of sign area calculated from the linear building frontage. Staff would apply the same methodology as used in reviewing the placement of signage on a wall facade, to ensure that signage is in scale with the intended surface and compliant with all applicable standards such as the maximum size allowed for logos. Staff researched the regulations of other cities and as expected, found varying positions relative to the treatment of breweries and the storage of fresh and spent grain. For example, Dallas, Anaheim, Yorkville (Illinois), and Novi (MI) allow the use of silos for grain storage, while St. Petersburg, La Crosse (WI), and Jupiter limit outdoor storage to the temporary storage of spent grain until it is picked up for disposal. See the attached Exhibit "B" for examples of various microbreweries operating with storage silos or hoppers, in both industrial settings as well as commercial/retail environments. CONCLUSION/RECOMENDATION Staff recommends that the subject amendments proposed to the City's Land Development Regulations be approved. Attachment S:APlanning\SHARED\WP\SPECPRO.hCODE REVIEW\CDRV 16-004 Storage bins, silos and hoppers\StatTReport - Storage Tanks & Silos.doc -2- Page 278 of 441 EXHIBIT ""A" - Proposed Amendments Part III. Code of Ordinances, Land Development Regulations Chapter 3. Zoning, Article V. Supplemental Regulations Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. T. Generators and V� Storage Tanks. The permanent installation of generators and feel storage tanks, silos and hoppers shall be allowed if used as a common accessory function to a principal use, and must comply with the following regulations, unless found in conflict with other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws: 1. Location. The sitingof f all generators and storage tanks shall require site plan approval in accordance with Chapter 2, Art. 11, Sect. 2.17 of these regulations. When practical and not in conflict with other codes and standards, generators and storage tanks shall be placed adjacent to a brincibal or accessory building to utilize the existing available screening for the structure. No --------I __ _1 ____ C, --------- -_ __,-_ ----- Cl- __. -I--- ___ ..____ All structures regulated by this section gefier-atar-s afid Atel tanks- shall be setback at least three (3) feet1p us an additional one (1) foot for every one 1) foot above a height of 6 feet but not greater than the minimum setback for the principal structure, f am r -ear- and inter- ^r side r pei4y 1i . In additien all instances, they shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible, or based on the finding that by virtue of the use or design of the abutting property or development, the location would have no negative impact. See Chapter 2, Article 11, Section 4.A. for the regulations pertaining to the administrative adjustment process. Additional setback requirements may be deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative. 2. Height. The maximum height for vertical storaue bins. silos and hobbers shall be the maximum height for the zoning district, or 10 feet above the principal building, whichever is less. Additional restrictions on height may be deemed necessary by the Planning & Zoning Director to ensure land use combatibility_ or to further a redevelobment blan or other citv initiative 2. Screening. When used in connection with non-residential uses, generators and feel storage tanks shall be effectively screened from view with a wall, fence, landscape material, or combination thereof, where visible from an abutting property or right-of-way. Screening shall not be reauired for vertical storaue bins. silos or hobbers if the container is designed combatible with the principal structure (e.g, similar colors and/or materials) and if the tank, including all structural members, fillingor r empt iy ng equipment and signage are maintained in a clean, rust - free and working condition without any peeling paint, staining or other signs of wear. Page 279 of 441 EXHIBIT ""A" - Proposed Amendments fallowing eir-etifnstaaees� 1) the ge �ater- than fatir- (4) feet in height; 2) the fuel tank 5—te. than 43vze (5) feet in height; ftfid 3, e—hefiler- beth a e tised in eenneetien with a fien residential use that abuts residentially zoned pr-apei4y. in the i ' ' the eaelastir-e shall be designed with three (3) sides, with the opening oriented opposite of the r- -pei4y. ifi. addition, the walls of the eaelastir-e shall be at least:�wa (2) feet taller- than the generator-. The height of stieh generators shall be fneastir-ed ffam the natdr-al gr-ade to the highest point of the Additional screening may be deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative. 3. Noise. In residential zoning districts, emergency generators shall be exempt from the sound rating values set forth in the City Code of Ordinances when operated during power outages. However, in no event shall the sound rating value of emergency generators exceed seventy-two (72) dBA. 4. Testing. In residential zoning districts, emergency generators may be operated for testing purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven (7) -day period. Testing of emergency generators is permitted between the hours of 10:00 a.m. through 5:00 p.m., Monday through Saturday. No testing of emergency generators is permitted on Sundays or federal holidays. Page 280 of 441 EXHIBIT "B" Swamp Head Brewery, Gainesville, FL. Mountain Brewery, Colorado Springs, CO Dillon, CO Page 281 of 441 North by Northwest Brewery, Austin, TX. EXHIBIT "B" Founders Brewery, Grand Rapids, MI Troegs Brewing Co., Hershey, PA Page 282 of 441 14.C. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-011 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts (CDRV 16-002). EXPLANATION OF REQUEST: The proposed amendments and underlying analysis of Zoning Regulations was prompted to support the City's local small business service sector, which constitutes 85% of all business establishments in the city, as well as to increase zoning provisions for water -dependent and water -related land uses. Most importantly, the proposed amendments would: - Merge the "Nevi' and "Used" business groups in the Zoning Matrix into a single use group called "Auto Dealer, New or Used". Both groups have been, and are proposed to continue to be regulated similarly thereby eliminating the necessity for two separate terms, definitions and use provisions/regulations. - Allow the sale of motor vehicles AS ACCESSORY to the repair of motor vehicles within the C-4 and M-1 zoning districts as a conditional use, in response to the many inquiries received by staff and anticipated benefit to this service sector. Motor vehicles promoted for sale would be stored indoors. Conditional use approval is intended to not only facilitate staffs examination of property for storage capacity, but also for screening and beautification purposes. - Allow the sale of motor vehicles as a principal use in the PID District, with conditional use approval, and all vehicle inventories must be stored indoors. - Allow the sale of boats in the C-3 District. No repairs or outdoor storage would be allowed. - Change the prohibition against outdoor storage of boats in conjunction with boat sales, to allow outdoor storage with conditional use approval. - Allow boat sales in the M-1 Zoning District as a conditional use, as accessory to the repair of boats. Similar to the proposed treatment of auto sales and repair uses in the M-1 District, the vessels must be stored indoors and the storage capacity is ensured through the conditional use review process. - Allow boat sales as a principal use with conditional use approval within the PID zoning district, with the further limitation that such uses within the Quantum Park PID be limited to lots with certain use options (e.g. "Industrial" and "Industrial w/Retail sales"). This amendment would also require that inventories be stored/displayed indoors. - Allow boat repairs as an allowed use in the C-4 Zoning District, as either a permitted or accessory use, except that as a principal use it would not be allowed on arterial roads, to promote the desired vision for the Federal Highway corridor and the CRA. - Allow exterior storage of boats at a repair business within the M-1 Zoning District with adequate screening Page 283 of 441 from adjacent rights-of-way and adjacent properties. It should again be emphasized that the subject amendments have been prepared by staff with the objective of promoting the small service business sector as well as water -dependent and water -related land uses, while simultaneously addressing possible concerns associated with these businesses such as blight and visual impacts within the redevelopment area. Staff and the Planning & Development Board forward the proposed amendments with recommendations for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: This is not specifically a Strategic Plan action item but would benefit local business development. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Amendment D Amendment D Amendment D Amendment REVIEWERS: Department City Clerk Description Ordinance amending LDR regarding sale and repair of for vehicles and boats Staff Report Exhibit "A" - Proposed Amendments - Motor Vehicles - Use Matrix Exhibit "B" - Proposed Amendments - Motor Vehicles - Definitions and Notes Exhibit "C" - Proposed Amendments - Boats - Use Matrix Exhibit "D" - Proposed Amendments - Boats - Definitions and Notes Reviewer Action Date Pyle, Judith Approved 6/22/2016- 11:53 AKA Page 284 of 441 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 ORDINANCE NO. 16-011 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II ENTITLED "DEFINITIONS"; CHAPTER 3, ARTICLE IV, SECTION 3.1), "USE MATRIX" AND NOTES TO INCREASE THE LOCATIONS WHERE THE SALE AND REPAIR OF MOTOR VEHICLES AND BOATS ARE ALLOWED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed amendments were prompted to support the City's local small business service sector which constitutes 85% of all business establishments in the city as well as to increase zoning provisions for water -dependent and water -related land uses; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article H of the Land Development Regulations entitled "Definitions" is hereby amended as follows: Definitions (LDR, Chapter 1, Article 11): AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as E Page 285 of 441 33 passenger and cargo vans and sport utility vehicles. Typical broker activities include but are 34 not limited to the following: researching and locating a desired vehicle or buyer; price 35 negotiations; processing the transaction, including securing the necessary financing; and 36 arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on-site 37 vehicle inventories. If a vehicle -s a -Fe is temporarily stored on-site during the transaction, -a4 38 the vehicle -s must be stored indoors. 39 AUTO DEALER, NEW OR USED - An establishment, licensed by the State of Florida, 40 which is primarily engaged in retailing or leasing new or used automobiles, mopeds, 41 scooters, and motorcycles (with engines in excess of one hundred fifty (150) cubic 42 centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. 43 Although it is common for Odealers-operations to keep a a si taventafy a rely upon 44 the exterior display of vehicles and on-site transactions, fOr6tisteffler-s tepePdse, and btiye 45 s*^m^^'y r r -chase the . ehieles an the pr-emises. given limited land availability, 46 redevelopment and economic development initiatives, including concerns for visual impacts 47 along main roadway corridors, the City's regulations limit the size and types of auto sales 48 businesses, by restricting them to the indoor storage and display of vehicles, while 49 accommodating those businesses that can operate using electronic sales resources and that 50 are not dependent upon on-site visitation and sales. 51 AUTO DEALER, us - 52 53 meter-eyeles (with engines in &ieess ef ene htindr-ed fifty (150) etibie eentimeter-s, and ligh4 54 tfirteks, 55 56 57 58 ... 59 BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or 60 used boats, retailing new boats and selling replacement parts and accessories, renting boats, 61 or a yacht brokerage business, including the display and temporary storage of boats on-site 62 (customarily incidental to the principal use). A yacht broker that exclusively displays/stores 63 boats off-site would be considered an office use. A boat dealer/rental excludes the repair or 64 service of vessels on the premises 65 66 BOAT REPAIR - A facility where boats are repaired, serviced, or customized 67 detailed. 68 69 ... 70 2- Page 286 of 441 71 Section 3. Chapter 3, Article IV, Section 3.13 of the Land Development 72 Regulations, Use Matrix Table 3-28 (Excerpt) is hereby amended as follows: 73 ... 74 D. Use Matrix (Table 3-28). 75 See attached Exhibits "A" (Motor Vehicles) and "C" (Boats) 76 77 Section 4. Chapter 3, Article IV, Section 3.D. of the Land Development 78 Regulations, Zoning Matrix Notes is hereby amended as follows: 79 80 Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) 81 ... 82 83 44. Auto Dealer, (New & Used). 84 a. C-4 district. Allowed onlv as a conditional use accessory to the rebair of motor 85 vehicles. No outdoor storage of vehicles for sale shall be permitted 86 -ab. MU -L3 district and MU -H district. 87 (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) 88 square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use 89 approval shall be required if all or a portion of the inventory is located within a parking 90 garage/structure. 91 (2) Access. Shall not be directly from any major roadway. 92 (3) Storage. No outside storage of materials, parts, and vehicles. 93 (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not 94 be visible from any major roadway frontage. 95 (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted 96 on-site. 97 c. M-1 district. Allowed only as a conditional use accessory to the repair of motor 98 vehicles. No outdoor storage of vehicles for sale shall be permitted. 99 W. PID district. This non -industrial use is allowed within the PID district as a 100 conditional use. Also, within the Quantum Park PID such uses are limited to lots with an 101 Industrial (I) use obtion or Industrial/R (with retail sales) obtion. Vehicle inventories must be 102 stored/displayed indoors. e�Eeept that all ..ehieles p-,,vide,a it is A pre- existing business 103 located on Quantum Park lots 77 through 80 is exempt from the requirements relative to 3 - Page 287 of 441 104 conditional use approval, outdoor storage or display of vehicle inventories, and locating on 105 lots with the "I" and " I/Retail" use options. 106 107 108 ... 109 62. Automotive, Minor Repair. 110 a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline 111 station. Conditional use approval is required for this component of the establishment. 112 b. C-3 District. 113 (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to 114 a gas station and also to automobile rental, provided that the service and maintenance of the 115 fleet vehicles is relegated to the rental operation and not open to the public. 116 (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, 117 provided that it is located on a lot that is at least five (5) acres. The following restrictions 118 shall also apply, where applicable: 119 (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all 120 such uses shall be located in either a principal building of a shopping center or in a 121 subordinate, stand-alone building and/or outparcel within a commercial master plan, 122 provided that the subordinate stand-alone building and/or outparcel within a commercial 123 master plan is not located between the principal building and an adjoining right-of-way or 124 between the principal building and abutting residentially zoned property. 125 (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to 126 be located in a separate building in a shopping center. For the purpose of this section, motor 127 vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive 128 power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten 129 (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power 130 designed to carry ten (10) persons or less which is constructed either on a truck chassis or 131 with special features for occasional off-road operation). All repair and service of vehicles 132 shall be done within an enclosed building. 133 c. C-4 District. AtAafnative, i . . This use is allowed within the C-4 district 134 but it shall not be located on a lot that frees en borders an arterial roadway. is al E)We' as a 135 136 ,ehie es is relegated to the rental aper-ation and not apen apeto the publie. All repair functions 137 must occur within enclosed buildings and exterior storage of vehicles in a damaged or 138 disassembled condition must be adeauatelv screened from rights of wav and adiacent 139 properties. 140 f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used 4- Page 288 of 441 141 142 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an 143 arterial or collector roadway. 144 145 45. Boat Dealer/Rental. 146 a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or 147 service of vessels on the premises. No outdoor storage of boats shall be permitted. 148 149 -ab. C-4 District. Beat deale4r-eatal, as apr-ineipal use, shall exc4tidethe repair- Of 150 0 e of vessels ,,,, the pr-emises. n beat deale4r-eatal ; allowed aeeessafy e •1„ 151 152 equipmeat shall be pe-fnit4e E)r site. Conditional use approval shall be required if 153 merchandise is to be stored outdoors-. eOutdoor storage areas shall be adequately 154 screened from abutting properties and rights-of-way-, with the exception that a single 155 merchandise item may be visible from abutting rights-of-way. The display must be in 156 combination with project signage, and the setback, landscaping and design of this site 157 feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas 158 are not separated by an intervening building and visible from an arterial roadway, right-of- 159 i hg t-of- 159 way landscaping shall be in accordance with the City's Urban Landscape Code except that 160 the width shall be at least 10 feet, it shall include a berm, and enhanced with additional 161 plants selected and maintenance to facilitate varyin_growth heights to provide some 162 screening of the space between the hedge material and tree canopies. The landscapes 163 required to represent "adequate" screening, as well as the appropriate design of the 164 merchandise display feature and right-of-way landscaping shall be determined as part of the 165 conditional use review process. 166 167 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or 168 service of vessels on the premises. No outdoor storage of boats shall be permitted. 169 Inventories must be stored/displayed indoors. 170 171 hd. MU -H District. Boat dealer/rental is allowed as an accessory use to a marina but 172 conditional use approval is required. No exterior loudspeakers or paging equipment shall be 173 permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten 174 thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine 175 trailers are prohibited. 176 177 e. M-1 District. Allowed only as a conditional use accessory to the repair of boats. 178 Outdoor storage areas shall be adequately screened from abutting properties and rights -of - 179 WE. 180 181 f PID District. Requires conditional use approval. Also, within the Quantum Park 182 PID such uses are limited to lots with an Industrial (I) use obtion or Industrial/R (with retail 183 sales) option. Inventories must be stored/displayed indoors 184 185 91. Boat Repair. 5 - Page 289 of 441 186 a. Landscaping. All exterior (temporary) storage shall be adequately screened. 187 Additional buffering may be required as recommended by the Director of Planning and 188 Zoning to ensure compatibility. 189 190 b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless 191 accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and 192 exterior storage of boats and equipment must be adequately screened from adjacent rights- 193 of-way and properties. 194 195 4c. M-1 District. "TE) e�Eter-iar-sterago of beats in a wr-eeked endit: ,, The exterior 196 storage of boats or equipment must be adequately screened from adjacent rights-of-way and 197 properties. 198 or- tThe dry stacking of any boats shall be meted prohibited. 199 200 d. PID District. Only allowed as an accessory use to a retail boat dealer. 201 202 203 Section 5. Each and every other provision of the Land Development Regulations 204 not herein specifically amended, shall remain in full force and effect as originally adopted. 205 Section 6. All laws and ordinances applying to the City of Boynton Beach in 206 conflict with any provisions of this ordinance are hereby repealed. 207 Section 7. Should any section or provision of this Ordinance or any portion 208 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 209 affect the remainder of this Ordinance. 210 Section 8. Authority is hereby given to codify this Ordinance. 211 Section 9. This Ordinance shall become effective immediately on second. 212 6- Page 290 of 441 213 FIRST READING this 21s' day of June, 2016. 214 SECOND, FINAL READING AND PASSAGE this day of , 2016. 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 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 291 of 441 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-024 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-1, and PID Zoning Districts. 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 amendment would promote business attraction and retention within the City (#1). EXPLANATION The use provisions and standards for the sale or repair of motor vehicles have changed minimally throughout the years to advance opportunities for this industry with the exception of few site specific amendments in the late `80's to mid `90's to accommodate CarMax in Quantum Park, auto repair uses in a PCD (Planned Commercial Development District) proposed/approved at the southeast corner of the intersection of Woolbright Road and Congress Avenue, and to allow Sears to add automotive service in a detached building at the Boynton Mall (restricted to a minimum size of 75 acres). In fact, the only other amendments effectively reduced the locations where auto or boat sales are permitted (i.e. auto sales uses were ultimately removed from the C-4 Zoning District; boat sales were removed from the C-3 Zoning District; and boat repair uses were previously removed from the C-4 Zoning District. -1- Page 292 of 441 Although this project was prompted by a representative for a local business desiring to sell unique or collector cars, staff has taken this opportunity to comprehensively review these regulations against current economic development initiatives, the challenges of accommodating this business industry, and reconsider other past inquiries about auto sales provisions in the City. Findings from the staff analysis and justifications for the proposed amendments are below. The proposed amendments are primarily justified by: • The need to provide support to the small business sector. Small firms employing fewer than 10 people currently (2015) constitute 85% of all business establishments in the City. Most vehicle repair shops likely fall under this category and as of April 2016, over 50 hold approval as an auto mechanical repair or auto body shop. Expanding the range of commercial activities that car repair shops would be able to engage in would provide an opportunity to strengthen this important sector in the City's economy. Over many years staff has received inquiries from operators of automobile repair shops requesting the ability to sell vehicles. It hasn't been the intent of the operators to open up full car dealerships but to enable the occasional sale of a repaired vehicle, for example as a result of a repair job abandoned by the customer. Repair shops may also occasionally supplement their business by repairing and selling vehicles acquired from tow companies, auctions or from other sources. • The need to provide support to water -related uses. The Marina Redevelopment Project, which is the centerpiece of downtown Boynton Beach, is 90% finished. The Boynton brand will continue to be tied to recreation opportunities that the Marina provides. It is therefore important to support all business activities that promote the brand and build on its core element. All water -related uses are clearly in this category. Objective 7.11 of the Comprehensive Plan's Coastal Management Element states: "The City shall continue to search for opportunities to increase the amount of water dependent and water related uses (... )" Therefore staff proposes amendments to the City's LDR that include the changes as summarized below (also see the accompanying Exhibits "A", "B", "C" and "D"): Motor Vehicles: 1. Revise the definitions and use titles in the Zoning Matrix for auto dealers with the merging of the "New" and "Used" business groups into a single use group called "Auto Dealer, New or Used". Both groups have been, and are proposed to continue to be regulated similarly thereby eliminating the necessity to have separate terms/definitions, and use provisions and notes. 2. Revise the definition for the new, combined use group to include a brief explanation for the purpose and intent of the City's strict regulations on the sale of motor vehicles referencing the limited land availability, economic and redevelopment initiatives, and the increasing use of the internet by small and/or specialized sales operations. The revisions also emphasize the concern for aesthetics along main roadway corridors and purpose for the indoor storage restriction and/or screening requirements. -2- Page 293 of 441 3. Revise the Zoning Matrix and Notes to allow the sale of motor vehicles AS ACCESSORY to the repair of motor vehicles within the C-4 and M-1 zoning districts, in response to the many inquiries received and anticipated benefit to this service sector (see Exhibits "A" & "B" - Zoning Matrix and Note No. 44). Staff has been reluctant in the past to support such an amendment due to the small properties on which such repair businesses typically operate and lack of capacity to accommodate both repair and service functions, which could contribute to congestion and blight of undersized parcels. Staff therefore recommends that the new regulations include the requirement for indoor storage, to naturally limit such sales operations to the capacity for indoor storage. This requirement also discourages repair businesses from growing into car dealerships with cars labeled and displayed in parking areas, landscaping areas or buffers, and with visiting patrons further congesting the situation given the limited parking resources typically characteristic of such older properties. The conditional use requirement will ensure the proper oversight and assurance that internal space exists apart from the repair function for indoor storage of vehicles to be sold. 4. Revise the Zoning Matrix and Notes to allow vehicle sales within the Planned Industrial Development (PID) Zoning District as conditional uses, and to require vehicle inventories to be stored indoors. The City's PIDs are mostly built -out, and not all designed for outdoor storage or display of merchandise, but were designed and improved with parking areas that meet the minimum square footage for the various industrial or heavy commercial uses approved for the PID. Also included in this Note of the Zoning Matrix (No. 44) is some "clean-up text to clarify the intent to vest the pre-existing CarMax business from the requirements for conditional use and indoor storage. 5. Revise the Zoning Matrix and Notes to allow Boat Sales ("Boat Dealer/Rental") within the C-3 Zoning District, but exclude repairs and service to maintain compatibility with the retail commercial environments. Interestingly, boat sales were historically allowed within the C-3 District and subsequently removed. This amendment is intended to support the marine industry and outdoor and sporting lifestyle which is highly demanded in our coastal community. Outdoor storage would not be allowed. 6. Maintain current regulations that allow the sale of boats in the C-4 district, but replace the prohibition against outdoor storage of vessels with the requirement for conditional use approval to facilitate outdoor storage and display. The conditional use approval process would allow the case-by-case review for designation of adequate external storage areas and optimal screening. Similar to the proposed amendments for auto repair and accessory sales, this amendment would allow boat repairs as accessory to the sale of boats in this district; however, boat repair as an accessory use would not be restricted from arterial roadways (see item #9 below for proposed restrictions/provisions for boat repair as a principal use). 7. Amend the Zoning Matrix and Notes to allow boat sales in the M-1 District as a conditional use, as an accessory function to the repair of boats. Similar to the proposed treatment of auto sales and repair uses in the M-1 District, the vessels must be stored indoors and the storage capacity is ensured through the conditional use review process. 8. Amend the Zoning Matrix and Notes to allow boat sales as a principal use with conditional use approval within the PID zoning district, with the further limitation that such uses within the Quantum Park PID be limited to lots with certain use options (e.g. "Industrial" and -3- Page 294 of 441 "Industrial w/Retail sales"). This amendment would also require that inventories be stored/displayed indoors. 9. Revise the Zoning Matrix and Notes to add boat repairs as an allowed use in the C-4 Zoning District, as either a permitted or accessory use. Staff proposes that boat repairs as a principal use be restricted from arterial roadways, as such uses would be contrary to the vision for the Federal Highway corridor and the CRA. 10. Amend the Zoning Matrix Notes to allow for the exterior storage of boats at a repair business within the M-1 zoning district with adequate screening from adjacent rights-of-way and properties. CONCLUSION/RECOMENDATION Staff proposes these code amendments to increase accommodations for businesses that sell and repair motor vehicles and boats, while addressing the possible concerns associated with these businesses such as visual impacts within the redevelopment area. Attachment S:APlanning\SHARED\WP\SPECPRO.hCODE REVIEW\CDRV 16-002 Vehicles & Boats Sales & Repairs\State Report - Motor Vehicles & Boats.doc -4- Page 295 of 441 0 Cyi U N a1 M N a M u U J U fid (lid 1-W £Tflw a a� zi-aw �c 11-f1w f1wS Clod QSD -D �I 41 Z -D i -D df" Qfld hafldi Nd Z -x Nd V-1-11 W-1-11 a .uu �z EXHIBIT "A" — Use Matrix (Motor Vehicles) 4- 0 rn N N M 0- EXHIBIT "B" — Definitions & Notes (Motor Vehicles) Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. I1) AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as passenger and cargo vans and sport utility vehicles. Typical broker activities include but are not limited to the following: researching and locating a desired vehicle or buyer; price negotiations; processing the transaction, including securing the necessary financing; and arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on-site vehicle inventories. If a vehicle -s afe is temporarily stored on-site during the transaction, -a4 the vehicle -s must be stored indoors. AUTO DEALER, NEW OR USED - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new or used automobiles, mopeds, scooters, and motorcycles (with engines in excess of one hundred fifty (150) cubic centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. Although it is common for Odealers-operations to keep an an d rely upon the exterior display of vehicles and on-site transactions, for- etistefner-s to pepdse, and buyer -s e stafnar-i y r rehase the ..ehieles an the p-emises. given limited land availability, redevelopment and economic development initiatives, including concerns for visual impacts along main roadway corridors, the City's regulations limit the size and types of auto sales businesses, by restricting them to the indoor storage and display of vehicles, while accommodating those businesses that can operate using electronic sales resources and that are not dependent upon on-site visitation and sales. Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch. 3, Art. IV, Sec 3.D) 44. Auto Dealer, (New & Used). a. C-4 district. Allowed onlv as a conditional use accessory to the rebair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. -ab. MU -L3 district and MU -H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. Page 297 of 441 EXHIBIT "B" — Definitions & Notes (Motor Vehicles) (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. W. PID district. This non -industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R (with retail sales) option. Vehicle inventories must be stored/displace indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and " I/Retail" use options. 62. Automotive, Minor Repair. a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand- alone building and/or outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed Page 298 of 441 EXHIBIT "B" — Definitions & Notes (Motor Vehicles) to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. AtAafnative, This use is allowed within the C-4 district but it shall not be located on a lot that frees an borders an arterial roadway. is allowed as an aeeessapy use to at4afnabile rental, provided that the seFviee and maintenanee of the fleet vehieles is relegated to the rental ^ ^r^* ^r ^r'' not open to the publie. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights of way and adjacent properties. f PID District. Only allowed as an accessory use to a retail auto dealer, new or used. Page 299 of 441 0 cYi U N a1 M N a M u U J U Diu fid Qld t- H-flW £ l-flw Zq-flw �c l l-flw flwS Q0d QSD £-D Z -D I -D df" Qfid hafidi Nd Z -x Nd V-1-ld VV-1-ld gvv-t-x G U cC cC cC a a U U Q EXHIBIT "C" — Use Matrix (Boats) EXHIBIT "D" — Definitions & Notes (Boats) Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. I1) BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or used boats, retailing new boats and selling replacement parts and accessories, renting boats, or a yacht brokerage business, including the display and temporary storage of boats on-site (customarily incidental to the principal use). A yacht broker that exclusively displays/stores boats off-site would be considered an office use. A boat dealer/rental excludes the repair or service of vessels on the premises BOAT REPAIR - A facility where boats are repaired, serviced, or customized,oma. 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. -ab. C-4 District. Beat dealenr-eatal, as-apr-ineipal use, shall exc4tidethe repair- or- seFviee af ,diti ,nause appr-aval-o NE) eaEter-iar-1. tidspeake -quat shall be per-mit4ed en site. Conditional use approval shall be required if merchandise is to be stored outdoors, eOutdoor storage areas shall be adequately screened from abutting properties and rights-of-way-, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent "adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. hd. MLT -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. Page 301 of 441 EXHIBIT "D" — Definitions & Notes (Boats) M-1 District. Allowed onlv as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f PID District. Requires conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R (with retail sales) option. Inventories must be stored/displayed indoors. 91. Boat Repair. a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. hc. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights-of-way and properties. or- tThe dry stacking of any boats shall be meted prohibited. d. PID District. Onlv allowed as an accessory use to a retail boat dealer. Page 302 of 441 14.D. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-016 - FIRST READING - PUBLIC HEARING Approve amendment to Code of Ordinances, Chapter 13, Local Business Tax Receipts, Section 13-4, Classification and Fee Schedule to provide for a five percent (5%) increase in Local Business Tax Fees. EXPLANATION OF REQUEST: The Local Business Tax fees for the City of Boynton Beach were most recently modified on July 2, 2013, by Ordinance 13-022. Pursuant to Florida State Statute 205.0535 (4), the governing body of a municipality may increase by ordinance the rates of Local Business Tax receipts by up to five percent (5%) every other year. Prior to the last increase in 2013 for FY 13/14, staff proposed increases in 2008, and 2009, and by the Financial Advisory Committee in 2010, 2011, and 2012, but those recommended increases were not approved by the Commission due to the state of the economy. As the economy continues to recover, staff is again recommending Business Tax fees be increased as allowed by State Statute. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? An increase in Local Business Tax revenue contributes to the general fund balance, hereby, allowing for a pass-through to the city's Economic Development Fund as incentives for the business community to ensure retention, growth, and new business. The increase will also help offset additional administrative expenditures as it relates to renewals, inspections, public services and other administrative duties funded by the general fund. Should this request be approved, a typical Local Business's Tax fees would increase $1 to $15 per receipt annually. For example, a rental would increase $1.76; administrative office, $4.63; contractor, $12.84; professionals, $10.31; retail not exceeding $5,000, $5.13; retail more than $5,000, for each additional $1,000 or fraction thereof $.27. The cumulative increase of business tax revenue is estimated to be $77,378. For comparison purposes, our neighboring municipalities Greenacres and Delray Beach is currently seeking approval by its Commission for a 5% increase that would affect FY 16/17 Local Business Taxfees. The City of Boca Raton, adopted their last 5% Local Business Tax increase FY 00/01. The City of Lantana adopted their 5% Local Business Tax increase FY 15/16. The City of Lake Worth, adopted their 5% Local Business Tax increase FY 15/16. FISCAL IMPACT. Non -budgeted FY 15/16 projected Local Business Tax revenues are estimated at $1,547,558.47. A five percent (5%) increase in Local Business Taxwould result in an estimated $77,378 in additional revenue to the general fund bringing the total estimated Local Business Tax revenue to $1,624,936.47. ALTERNATIVES: Do not increase Local Business Tax Fees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 303 of 441 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Ordinance REVIEWERS: Department Reviewer Development Mack, Andrew Legal Swanson, Lynn Finance Howard, Tim City Manager Howard, Tim Description Ordinance Approving 5% increase in Business Tax Fees AMENDED CHAPTER 13 FEES Action Date Approved 6/24/2016 - 5:35 PPA Approved 6/27/2016 - 2:17 PPA Approved 6/27/2016 - 2:53 PPA Approved 7/1/2016 - 7:40 AM Page 304 of 441 I 2 ( ORDINANCE NO. 16- 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY 5 OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 6 OF THE CODE OF ORDINANCES, SECTION 13-4, 7 "CLASSIFICATION AND FEE SCHEDULE" TO PROVIDE FOR 8 A FIVE PERCENT (5%) INCREASE IN BUSINESS TAX FEES; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City's Business Tax Receipt fees were last modified on July 2, 2013, 13 via Ordinance 13-022; and 14 WHEREAS, the City Commission for the City of Boynton Beach desires to increase 15 the business tax receipt fees for all business operating within the City of Boynton Beach; and 16 WHEREAS, pursuant to Section 205.0535(4), Florida Statutes, the City Commission 17 is authorized to increase the business tax receipt fees up to 5% every other year; and 18 WHEREAS, the City Commission finds it is in the best interest of the health, safety, 19 and welfare of the public to increase the business tax receipt fees for businesses in the City of 20 Boynton Beach. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, THAT: 23 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 26 Section 2. That Chapter 13, "Licenses," Article I, 'Business Tax Receipt," Section 27 13-4, entitled "Classification and fee schedule" of the City of Boynton Beach Code of 28 Ordinances, be, and the same is hereby amended in its entirety to read as follows: 29 30 Sec. 13-4 Classification and fee schedule. 31 See Exhibit "A" attached hereto 32 Section 3. Each and every other provision of Chapter 13, of the Code of Ordinances 33 of the City of Boynton Beach not herein specifically amended shall remain in full force and 34 effect as previously enacted. Page 305 of 441 35 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 36 same are hereby repealed, provided that no portion of the City of Boynton Beach Noise 37 Control Ordinance shall be repealed. 38 Section 5. Should any section or provision of this ordinance or portion hereof, any 39 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 40 such decision shall not affect the remainder of this ordinance. 41 Section 6. Authority is hereby granted to codify said ordinance. 42 Section 7. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of 2016. 44 45 SECOND, FINAL READING AND PASSAGE this day of 46 2016. 47 48 CITY OF BOYNTON BEACH, FLORIDA 49 50 YES NO 51 52 Mayor — Steven B. Grant 53 54 Vice Mayor — Mack McCray 55 56 Commissioner — Justin Katz 57 58 Commissioner — Christina L. Romelus 59 60 Commissioner — Joe Casello 61 62 63 VOTE 64 65 ATTEST: 66 67 68 69 Judith A. Pyle, CMC 70 Interim City Clerk 71 72 73 74 (Corporate Seal) 75 C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\799FE223-2111-4FCB-902C-81A7E2C59846\Bovnton Beach. 35701. Business Tax Fee Revision (2016) - Ordinance. 4 Page 306 of 441 Boynton Beach, FL Code of Ordinances ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE Sec. 13-1. Purpose; imposition and levy of tax. The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. The Business Tax Receipt tax is levied on: (1) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any business within its jurisdiction. (2) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify under subsection (1) or subsection (2) and who transacts any business or engages in any occupation or profession in interstate commerce, if the Business Tax is not prohibited by Sec. 8 of Article 1 of the United States Constitution. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-2. Definitions . For the purpose of this chapter, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise: Business Tax Receipt Administrator. The employee of the city designated by the City Manager as the person responsible for the operations of the division of the city which processes the issuance of Business Tax Receipts. Certificate of Use. A review and inspection method by which the city documents the existing conditions of a property; identifies any non- conformities to be addressed by occupant/owner; establishes current land use and zoning; and grants approval to occupy a given location for specified uses. City. The City of Boynton Beach Florida, its City Manager, or such officers, employees or departments designated by the City Manager to act on behalf of the city. City Manager. The term City Manager shall mean that person holding the position of City Manager of the City of Boynton Beach, Florida or his/her designee. Classification. Classification means the method by which a business or group of businesses is identified by size or type, or both. Page 307 of 441 Contractor. A contractor shall mean any person whose work is defined in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances. Fiscal year. Fiscal year means October 1 of a calendar year to September 30 of the following calendar year. Inventory. Inventory shall mean those items commonly referred to as goods, wares and merchandise which are held for sale, rental, or lease to others in the ordinary course of business. Number of workers. The number of workers shall be determined by the total number of paychecks issued for all full time and part time workers, nonprofessionals, subcontractors, contract workers, consultants, principals, and partners who worked for the business, occupation or profession during the previous calendar year. A new business shall be based on the number of workers as of opening day who are entitled to receive paychecks. All principals and partners in the business shall be deemed as workers and be included in the calculations. Person. Person shall mean an individual, firm, partnership, joint adventure, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular. Professional. A professional shall mean any person engaged in any business, occupation or profession who is required to maintainan active and valid State of Florida license, permit, or certificate from any of the state agencies or the Florida Bar. Specialty contractor. A specialty contractor shall mean any person whose work is limited to a particular phase of construction, and whose scope is limited to a subset of the activities in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances. Used car lot. Any business location within the municipal limits of the city engaged in the wholesale or retail sale of secondhand or used automobiles or other type of used motor vehicles. Vending or other coin-operated machines. Vending machines shall be classified as follows: (1) Amusement vending machines: Machines such as pinball and video games, pool tables, amusement rides, and the like. (2) Product vending machines: Machines vending merchandise of any kind including, but not limited to, soft drinks, journals, food products, and the like. (3) Service vending machines: Devices such as lockers, copiers, heart and/or blood pressure machines, laundry washers/dryers, and the like. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Page 308 of 441 Se c. 13-3. Conflict with statute. The regulation of Business Tax Receipts shall be in accordance with this chapter and with Chapter 205.013-205.1973, Florida Statutes. In the event of any conflict between this Business Tax Receipt Code and Florida Statutes, TITLE XIV. TAXATION AND FINANCE, Chapter 205 "Local Business Taxes," including future amendments, the provisions of Chapter 205 shall control. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-4 Classification and fee schedule . The City Commission establishes classifications for businesses or groups of business and Business Tax Receipt taxes therefor as set forth below. (Ord. No. 94-15, Appendix A, 6- 21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 13-022, § 2, 7-2-13) Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses, Professions, Occupations (*-See note, end of schedule; NEC -See note, end of schedule) The businesses, professions and occupations subject to the provisions of Chapter 13, the Business Tax Receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other requirements pertaining thereto are as follows: SIC Description Fee 0742 Veterinarian* Pn� 216.48 0752 Animal Specialty Service QP CRI 97.24 0781 Landscape Architect* Pn� 216.48 0782 Lawn & Garden Service 454 35 162.07 0783 Tree Trimming 454 35 162.07 1520 Contractor - Residential pqcq RR 269.72 1530 Contractor - Building pqcq RR 269.72 1540 Contractor - General pqcq RR 269.72 Page 309 of 441 1611 Contractor - Paving 256 RR 269.72 1620 Contractor - Heavy Construction 256 RR 269.72 1623 Contractor - TV Antenna & Tower 256 RR 269.72 1624 Contractor - Underground Utilities (Ref.1623) 256 RR 269.72 1625 Contractor - Concrete (Ref. 1771) 256 RR 269.72 1626 Contractor - Marine (Ref. 1629) 256 RR 269.72 1629 Contractor - Tennis Court 256 RR 269.72 1700 Miscellaneous Specialty 92 fil 97.24 1701 Asphalt Sealing & Coating (Ref. 1799) QP CRI 97.24 1702 Landscaping (Ref. 0782) QP CRI 97.24 1703 Lathing (Ref. 1742) QP CRI 97.24 1704 Residential Gutter & Downspout Installation (Ref. 1761) 92 1 97.24 1705 Striping (Ref. 1721) QP CRI 97.24 1706 Vinyl Clad Metal Shelving (Ref. 1799) QP CRI 97.24 1707 Mirror/Shower Door Installation (Ref.1799) QP CRI 97.24 1710 Contractor - Irrigation Sprinkler (Ref.1711) pqcq RR 269.72 1711 Contractor - Plumbing pqcq RR 269.72 1712 Contractor - Air Conditioning (Ref.1711) P qcq RR 269.72 1713 Contractor - Mechanical (Ref. 1711) P qcq RR 269.72 1714 Contractor - Fire Sprinkler (Ref. 1711) P qcq RR 269.72 1715 Contractor - Refrigeration (Ref. 1711) P q CR RR 269.72 1716 Contractor - Room Air Conditioning (Ref. 1711) 256; RR 269.72 1717 Contractor - Septic Tank (Ref. 1711). P q CR RR 269.72 1718 Contractor - Solar Water Heating (Ref.1711) pqcq RR 269.72 1721 Contractor - Painting pqcq RR 269.72 Page 310 of 441 1731 Contractor - Electrical 256 RR 269.72 1732 Contractor - Communication & Sound(Ref. 1731)256 RR 269.72 1733 Contractor - Burglar & Fire Alarm (Ref.1731) 256 RR 269.72 1734 Contractor - Sign - Electrical (Ref.1731) 256 RR 269.72 1741 Contractor - Masonry 256 RR 269.72 1742 Contractor - Plastering 256 RR 269.72 1743 Contractor -Tile, Terrazzo, & Marble 256 RR 269.72 1744 Contractor - Drywall (Ref. 1742) 256 RR 269.72 1745 Contractor - Insulation (Ref. 1742) pqcq RR 269.72 1746 Contractor - Acoustical Tile (Ref. 1742) P q CR RR 269.72 1750 Contractor - Window (Ref. 1751) pqcq RR 269.72 1751 Carpentry & Cabinet Installation QP CRI 97.24 1752 Contractor - Flooring, NEC QP CRI 97.24 1753 Contractor - Door (Ref. 1751) pqcq RR 269.72 1754 Contractor - Garage Door (Ref. 1751) pqcq RR 269.72 1761 Contractor - Roofing pqcq RR 269.72 1762 Contractor - Roof Deck (Ref. 1761) pqcq RR 269.72 1763 Contractor - Sheet Metal (Ref. 1761) pqcq RR 269.72 1772 Contractor - Gunite (Ref. 1771) P qcq RR 269.72 1781 Contractor - Well Driller P qcq RR 269.72 1791 Contractor - Reinforcing, Iron & Steel P qcq RR 269.72 1793 Contractor - Glass & Glazing P qcq RR 269.72 1794 Excavation/Grading QP CRI 97.24 1795 Contractor - Demolition pqcq RR 269.72 1796 Contractor - Elevator pqcq RR 269.72 Page 311 of 441 1797 Contractor - Sign - Nonelectrical (Ref.1799) 256 RR 269.72 1799 Contractor - Miscellaneous Special Trade 256 RR 269.72 1800 Contractor - Aluminum Specialty (Ref.1799) 256 RR 269.72 1801 Contractor - Awnings (Ref. 1799) 256 RR 269.72 1802 Contractor - Boilers and Pressure Piping(Ref. 1799)256 RR 269.72 1803 Contractor - Fence Erection (Ref. 1799) 256 RR 269.72 1804 Contractor - Liquified Petroleum Gas(Ref. 1799) 256 RR 269.72 1805 Contractor - Ornamental Iron (Ref.1799) 256 RR 269.72 1806 Contractor - Pollutant Storage Systems(Ref. 1799)' 269.72 1807 Contractor - Pool/Spa (Ref. 1799) pq6; RR 269.72 1808 Contractor - Pool/Spa Service (Ref.1799) pq6; RR 269.72 1809 Miscellaneous Contractor (Ref. 1799) pq6; RR 269.72 2024 Manufacturer - Frozen Desserts Number of workers fee schedule: Not exceeding 2 persons 4 I R q6; 119.24 Not exceeding 4 persons Igo 200.27 Not exceeding 6 persons pq6; RR 269.72 More than 6, not exceeding 10 persons 0 324.14 More than 10, not exceeding 20 persons 8 405.17 More than 20 persons WR R1 607.75 2099 Manufacturer - Food Preparation See 2024 2299 Manufacturer - Textile Goods See 2024 2389 Manufacturer - Apparel and Accessories See 2024 2392 Manufacturer - Slipcovers QP 61 97.24 2396 Manufacturer - Fabricated Trimmings See 2024 2399 Manufacturer - Fabricated Textile Products See 2024 Page 312 of 441 2431 Manufacturer - Millwork See 2024 2434 Manufacturer - Cabinetry See 2024 2439 Manufacturer - Structural Members See 2024 2511 Manufacturer -Wood Furniture See 2024 2512 Manufactured -Wood Furniture, Upholstered See 2024 2515 Manufacturer - Mattresses See 2024 2591 Manufacturer - Window Coverings See 2024 2671 Manufacturer - Plastic Packaging See 2024 2711 Manufacturer— Newspaper Publishing/Printing See 2024 2759 Manufacturer - Commercial Printing See 2024 2834 Manufacturer —Pharmaceutical Preparations See 2024 2842 Manufacturer - Cleaning Preparations See 2024 2844 Manufacturer - Cosmetic Preparations See 2024 2899 Manufacturer - Chemical Preparations See 2024 3083 Manufacturer - Plastic Sheets/Rods See 2024 3089 Manufacturer - Plastic Products, NEC See 2024 3231 Manufacturer - Glass Products See 2024 3271 Manufacturer - Concrete Block/Brick See 2024 3272 Manufacturer - Concrete Products See 2024 3281 Manufacturer - Stone Products See 2024 3354 Manufacturer -Aluminum Extruded Products See 2024 3442 Manufacturer - Metal Products See 2024 3446 Manufacturer - Ornamental Metal Products See 2024 3479 Manufacturer - Coating Application See 2024 3499 Manufacturer - Fabricated Metal Accessories See 2024 Page 313 of 441 3542 Manufacturer - Machinery/Equipment See 2024 3559 Manufacturer - Special Industry Machinery See 2024 3569 Manufacturer - General Industrial Machinery See 2024 3571 Manufacturer - Computers See 2024 3599 Manufacturer - Machine Shop See 2024 3569 Manufacturer - Electrical Industrial Products See 2024 3571 Manufacturer—Communications Equipment See 2024 3679 Manufacturer - Electronic Components See 2024 3728 Manufacturer - Aircraft Parts See 2024 3861 Manufacturer - Photographic Equipment Processing See 2024 3911 Manufacturer—Jewelry See 2024 3942 Manufacturer - Dolls See 2024 3949 Manufacturer - Sporting Goods See 2024 3993 Manufacturer - Advertising Specialties See 2024 3999 Manufacturer - Miscellaneous, NEC See 2024 4013 Railroad Company Pn� 216.48 4118 Ambulance Service (Ref. 4119) 4Q2 53 plus 35 PR per vehicle 107.66 plus 37.04 per vehicle 4119 Transportation Service, NEC 4Q2 53 plus 35 PR per vehicle 107.66 plus 37.04 per vehicle 4121 Taxi/Limousine Service 4Q2 53 plus 35 PR per vehicle 107.66 plus 37.04 per vehicle 4131 Bus Service 4Q2 53 plus 35 PR per vehicle 107.66 plus 37.04 per vehicle 4173 Bus Service/Depot I Op q3 107.66 4210 Trucking Service T7 1 3 per vehicle 81.04 per vehicle 4222 Cold Storage, per square foot Warehouse, per square footage fee schedule: 5,000 square feet or fraction thereof 34-53 33.11 Page 314 of 441 Page 315 of 441 Each additional 5,000 square feet 22 58 23.63 4225 Warehouse - Storage, per square foot See 4222 4493 Marina 92 fil 97.24 4498 Marine Detailing (Ref. 4499) 92 fil 97.24 4522 Air Transportation, Nonscheduled 92 fil 97.24 4724 Travel Bureau* 454 25 162.07 4725 Tour Operator 9261 97.24 4731 Freight Forwarding Service 454 25 162.07 4780 Packing & Crating 454 R5 162.07 4783 Express Company 0 324.14 4813 Telephone Communications 0 324.14 4822 Telegraph & Other Communications QP 61 97.24 4841 Television Services 454 R5 162.07 4899 Communication Services, NEC QP CRI 97.24 4924 Natural Gas Distribution 0 324.14 4925 Liquefied Petroleum Gas Distribution 0 324.14 5099 Merchant - Wholesale, per inventory Wholesale, per inventory fee schedule: Not exceeding $5,000 pq6; RR 269.72 More than $5,000, not exceeding $25,000 359 42 377.39 More than $25,000, not exceeding $100,000 q I R T7 539.46 More than $100,000, not exceeding $500,000 T71 :7 5 810.34 More than $500,000 0'� 971.25 5197 Advertising Specialties Sales (Ref.5199) QP 61 97.24 5211 Lumber Company, per inventory See 5399 Page 315 of 441 5261 Nursery: Trees/Plants, per inventory See 5399 5399 Merchant - Retail, per inventory Retail, per inventory fee schedule: Not exceeding $5,000 4Q? 53 107.66 More than $5,000, for each additional $1,000 or fraction thereof X41 5.68 5411 Grocery, per inventory See 5399 5421 Market - Meat/Fish/Poultry, per inventory See 5399 5461 Bakery 454 35 162.07 5511 Automobile Dealer* Pn� 216.48 5531 Auto Parts, per inventory See 5399 5541 Gas Station 454 35 162.07 5699 Dressmaking Shop 651 :74 64.83 5719 Blinds, Shades, Drapery 454 35 162.07 5810 Ice Cream Parlor 651 :74 64.83 5811 Caterer 454 35 162.07 5812 Restaurant 4-58 per seat, 4Q2 53 minimum 3.76 per seat, 107.66 minimum 5813 Drinking Places q I R T7 539.46 5912 Pharmacy, per inventory See 5399 5930 Antique Shop 454 35 162.07 Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. 5932 Used Merchandise Stores 454 35 162.07 5933 Pawnbroker CRR9 9E 723.51 5944 Jewelry Shop, per inventory See 5399 Page 316 of 441 5945 Handicraft Shop, per inventory See 5399 5961 Mail Order/Catalog 92 fil 97.24 5962 Vending Machine - Coin- Operated (a) Amusement Vending Machines: Each operator 206 73 217.07 In addition, for each machine 27 56 (b) Service Vending Machines: 28.94 Each operator fiR 91 72.36 In addition, for each machine 27 56 (c) Merchandise Vending Machines: 28.94 Each operator fiR 91 72.36 In addition, for each machine as follows: Requiring deposit under .35 27 56; 28.94 Requiring deposit over .35 41-3.5 43.42 (Coin-operated Auto Wash and Laundry Machines are addressed separately, under SIC 7543 and SIC 7215, respectively.) The following coin- operated machines are exempt from Business Tax Receipt requirements: Cigarette vending machines (F.S. 210.03) Federal postage stamp machines, Parcel checking lockers, and Toilets (F.S. 205.63) Unadulterated Florida -produced citrus juice vending machines (F.S. 205.632) Furthermore, no Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular place of business. 5963 Vending - Mobile QP 61 97.24 5964 Ice Cream Truck (Ref. 5963) 5965 Lunch Wagon (Ref. 5963) 5992 Florist, per inventory 5995 Optician* 402 53 plus 3 5 PR per vehicle 107.66 plus 37.04 per vehicle 402 53 plus 35 PR per vehicle 107.66 plus 37.04 per vehicle See 5399 Pn� 216.48 Page 317 of 441 5998 Auction Company (Ref. 5999) ',�94 1591.74 6020 Bank - Commercial 24� 405.17 6030 Bank - Savings 24� 405.17 6098 Check Cashing Agency ROR 70 324.14 6099 Financial Services, NEC ROR 70 324.14 6141 Investment & Trading ROR 70 324.14 6162 Mortgage Company* ROR 70 324.14 6163 Mortgage Broker* 454 25 162.07 6211 Broker - Securities* ROR 70 324.14 6282 Investment Advice QP CRI 97.24 6410 Insurance Agent q1 R2 54.41 6411 Insurance Company QP CRI 97.24 6412 Medical Claims Processing Service(Ref. 6411) 92 651 97.24 6513 Apartment Building 3.4§ per room, 35 PR minimum 4.05 per room, 37.04 minimum 6514 Rental property four (4) units or less, including single family residential rentals 3.4§ per room 35 PR minimum 4.05 per room, 37.04 minimum Business Tax Receipts Procedure: Every rental unit used for residential living purposes in the city must have a Certificate of Use and unless otherwise exempt, must be issued a Business Tax Receipt. This includes rental property four units or less, including single family residential rentals, condominiums, and mobile homes. Business Tax Receipts are issued for a period of twelve months, from October 1st to the following September 30th. They must be renewed annually. To avoid renewal late fees, rental Business Tax Receipt fees are payable by October 1st. After January 30th, late renewals require a Code Compliance (interior and exterior) inspection of the property. Whenever a rental property is sold or otherwise changes ownership, the new owner must do the following: (1) Apply for a new Certificate of use and rental Business Tax Receipt; Page 318 of 441 (2) Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must be corrected and a re- inspection made by the appropriate department. The owner is given adequate time to correct any violations. All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall be required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months after the date of the hearing in which the property was found to be in violation. The owner of a property that has been found to be in violation by a code compliance board of the city shall be required to pay an inspection fee of seventy-five dollars ($75.00) for each of the inspections required. The required inspection fees shall be included as part of the administrative costs assessed by the city and shall be included in any liens filed by the city. NOTE: Fees may change from time to time by Ordinance of the City Commission. The application for Certificate of Use and information forms for rental Business Tax Receipts are available on line at the city's website and at the Development Services Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required on the application. Designation of resident agent: No Certificate of Use and Business Tax Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefor designates in writing to the city the name, address, and local telephone number of the owner or resident agent to receive service of notice of violation of this Code. The owner may designate as his or her resident agent any natural person eighteen (18) years of age or older who is customarily present at a business location within the city for the purposes of transacting business, or who actually resides within the city. An owner may change his or her designation of a resident by notifying the city in writing of the name, address, and local telephone number of the person designated by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person who does not expressly comply with the provisions of this section. The owner or the resident agent shall be deemed to be the "violator" as the term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice of the owner, tenant and violator. 6530 Property Management* QP CRI 97.24 6531 Real Estate Broker* QP CRI 97.24 6541 Title Abstract Office 0 324.14 Page 319 of 441 6552 Subdividers & Developers, NEC 7011 Hotels & Motels 7033 Trailer Parks & Campsites 7212 Laundry/Dryclean — Drop Only 7214 Carpet Cleaninf, Mobile (Ref. 7217) 7215 Laundry Machines, Coin -Operated 7216 Dry Cleaning Establishments 7217 Carpet/Upholstery Cleaning, Commercial 7219 Laundry & Garment Services, NEC 7221 Photography 7230 Beauty school 7231 Beauty Parlor, Etc.* One chair Each additional chair or manicurist 7232 Nail Salon* (Ref. 7231) One manicurist table Each additional manicurist 7241 Barber Shops* One chair Each additional chair 7251 Shoe Repair & Shoe Shine Parlor 7261 Funeral Director* 7290 Debt Counseling Service (Ref. 7299) 454 2.5 162.07 4.46 per room, Rq PR minimum 4.05 per room, 37.04 minimum 402 53 plus 341;9 per lot or site 107.66 plus 3.76 per lot or site in? 107.66 92 fil 97.24 GR 91 plus 4—.39 per machine 72.36 plus 1.45 per machine 216.48 216.48 64.83 162.07 216.48 81.04 22.00 81.04 22.00 81.04 22.00 64.83 216.48 97.24 Page 320 of 441 7291 Income Tax Service 454 25 162.07 7292 Valet Parking (Ref. 7299) 92 fi1 97.24 7293 Tanning Salon (Ref. 7299) 92 fil 97.24 7294 Weight Loss Center (Ref. 7299) 92 fi1 97.24 7295 Family - Home Child Care (Ref. 7299) 92 fil 97.24 7296 Dating Service (Ref. 7299) 92 fi1 97.24 7297 Electrolysis* (Ref. 7299) 92 fil 97.24 7298 Massage Therapist* in? 107.66 7299 Miscellaneous Personal Services, NEC QP CRI 97.24 7311 Publication Service, NEC 454 Rq 162.07 7319 Advertising pqcq RR 269.72 7322 Collection Agency* 454 Rq 162.07 7323 Credit Association 454 Rq 162.07 7334 Photocopying/Duplicating Service QP CRI 97.24 7336 Commercial Art/Graphic Design QP CRI 97.24 7337 Typing Service QP CRI 97.24 7338 Secretarial Services 454 R5 162.07 7342 Exterminator 454 R5 162.07 7348 Miscellaneous Commercial Services, NEC QP CRI 97.24 7349 Janitorial Service 454 Rq 162.07 7359 Rental Service 454 R5 162.07 7361 Employment Agency QP CRI 97.24 7362 Nursing Registry QP CRI 97.24 7370 Data Processing Service QP CRI 97.24 7371 Computer Programming Service 454 R5 162.07 Page 321 of 441 7376 Computer Services 92 fi1 97.24 7378 Computer Maintenance & Repair 92 fil 97.24 7379 Computer Related Services 92 fi1 97.24 7380 Private Detective* 92 fi1 97.24 7381 Security Service* 92 fi1 97.24 7384 Photofinishing Laboratories 45435 162.07 7385 Books, Periodicals, News Bureaus (Ref.7389) 9261 97.24 7386 Auto Broker (Ref. 7389) 45435 162.07 7387 Messenger Service (Ref. 7389) 651 :74 64.83 7388 Appraiser* (Ref. 7389) Pn� 216.48 7389 Business Services, NEC QP CRI 97.24 7390 Handyman (No new licenses only renewals) 15485 162.07 7391 Interior Designer* (Ref. 7389) Pn� 216.48 7392 Manufacturer's Representative (Ref.7389) 15485 162.07 7393 Telemarketing/Soliciting* (Ref. 7389) 15485 162.07 7394 Auctioneer* (Ref. 7389) pqcq RR 269.72 7395 Interior Decorator (Ref. 7389) 15485 162.07 7396 Agent or Agency (Ref. 7389) QP CRI 97.24 7397 Answering Service (Ref. 7389) QP CRI 97.24 7398 Arts & Crafts - Handmade (Ref. 7389) QP CR 1 97.24 7399 Asbestos Consultant (Ref. 7389) QP CR 1 97.24 7400 Boat Broker (Ref. 7389) QP CR 1 97.24 7401 Draftsman (Ref. 7389) QP CRI 97.24 7402 Executive Office (Ref. 7389) QP CRI 97.24 7403 Furniture Installation (Ref. 7389) QP CRI 97.24 Page 322 of 441 7404 Home Demonstrator (Ref. 7389) 92 fi1 97.24 7405 Import -Export (Ref. 7389) 92 fil 97.24 7406 Interpretation & Translation (Ref. 7389) 92 fil 97.24 7407 Mail Depot (Ref. 7389) 92 fil 97.24 7408 Music Recording Studio (Ref. 7389) 92 fil 97.24 7409 Paralegal (Ref. 7389) 92 fi1 97.24 7410 Pool Cleaning - NO chemicals (Ref.7389) 92 fil 97.24 7411 Pressure Cleaning (Ref. 7389) 92 fi1 97.24 7412 Sign Painting & Lettering (Ref. 7389) QP CR 1 97.24 7413 Water Softening Service (Ref. 7389) QP CR 1 97.24 7414 Yacht Broker* (Ref. 7389) QP CR 1 97.24 7415 Merchandise Broker (Ref. 7389) QP CR 1 97.24 7416 Financial Consultant (Ref. 7389) QP CR 1 97.24 7417 Showroom (Ref. 7389) QP CRI 97.24 7418 Courier Service (Ref. 7389) QP 61 97.24 7419 Aquarium Service (Ref. 7389) QP 61 97.24 7420 Religious/Charitable Organization (Ref.7389) 92 G1 97.24 7421 Pet Sitting (Ref. 7389) QP 61 97.24 7422 Housesitting (Ref. 7389) QP 61 97.24 7423 Embroidery Service (Ref. 7389) QP 61 97.24 7424 Diver - Commercial (Ref. 7389) QP 61 97.24 7425 Inspection Service - No Appraisal (Ref.7389) QP 61 97.24 7426 Consultant (Ref. 7389) QP 61 97.24 7427 Mediation Counselor QP 61 97.24 7513 Truck Rental & Leasing pq6; RR 269.72 Page 323 of 441 7514 Passenger Car Rental 256 RR 269.72 7530 Auto Pinstriping (Ref. 7532) 92 fil 97.24 7532 Auto Body Shop, per number of workers* See 2024 7536 Auto Glass Installation* 92 fil 97.24 7538 Auto Mechanical Repair*, per number of workersSee 2024 7542 Car Wash 92 fi1 97.24 7543 Car Wash - coin-operated I nplus 29-93 per machine 107.66 plus 22.00 per machine 7544 Auto Detailing 651 :74 64.83 7549 Automotive Services, NEC* QP CRI 97.24 7550 Wrecker/Towing Service (Ref. 7549) :77 1 8 per vehicle 81.04 per vehicle 7551 Window Tinting (Ref. 7549) QP CRI 97.24 7629 Appliance Repair QP CRI 97.24 7631 Jewelry Repair 29 T7 31.26 7641 Reupholstery, per number of workers See 2024 7692 Welding, per number of workers See 2024 7697 Locksmith, per number of workers (Ref.7699) See 2024 7698 Repair Shops, per number of workers(Ref.7699) See 2024 7699 Miscellaneous Repair Services, NEC QP CRI 97.24 7700 Mobile Repair (Ref. 7699) QP CRI 97.24 7701 Bicycle Repair QP CRI 97.24 7702 Screen Repair 7832 Motion Picture Theatre 7910 Carnival or Circus (Ref. 7999) 7911 Dance Studio/School QP CRI 97.24 &49 per seat, 4Q2 53 minimum 0.51 per seat, 107.66 minimum q I R T7 539.46 454 Rq 162.07 Page 324 of 441 7922 Miscellaneous Theatrical Services 92 fil 97.24 7928 Adult Entertainment (Ref. 7929) ','0 1157.63 A floor plan showing square footage of building, indicate portion to be allotted for this use and seating chart if applicable, plus a site plan to show the off-street parking, shall be submitted for review with the Certificate of Use application and filing fee. 7929 Entertainers & Entertainment Groups QP 61 97.24 7933 Bowling Alley 51 R2 per alley 54.41 per alley 7987 Martial Arts Instruction (Ref. 7999) QP 61 97.24 7988 Fishing Guide (Ref. 7999) QP 61 97.24 7989 Boat Captain Service (Ref. 7999) QP 61 97.24 7990 Athletic Clubs (Ref. 7991) 454 35 162.07 7991 Fitness Trainer 7993 Amusement Arcade, per machine 7994 Billiards (Ref. 7993) 7995 Special Events (Ref. 7996) 7997 Bankruptcy Sale (Ref. 7389) 7998 Miscellaneous Recreation Services, NEC 7999 Boats - Recreation Small motor crafts, each 1 - 5 passenger capacity 6 - 10 passenger capacity 10 - 50 passenger capacity Over 50 passenger capacity 8011 Physician* 8012 Psychiatrist* 8013 Ophthalmologist QP 61 97.24 See 5962 51 R2 per table 54.41 per table 454 35 162.07 454 35 162.07 QP 61 97.24 PP q8 23.63 :7:7 1 R 81.04 4op q3 107.66 454 35 162.07 pq6; RR 269.72 Pn� 217.07 Pn� 217.07 Pn� 217.07 Page 325 of 441 8021 Dentist* 20217.07 8031 Osteopath* 20217.07 8034 Relaxation Therapist (Ref. 8049) 20217.07 8035 Psychotherapist (Ref. 8049) 2n217.07 8036 Psychologist (Ref. 8049) 20217.07 8037 Physical Therapist (Ref. 8049) 20217.07 8038 Occupational Therapist (Ref. 8049) 20217.07 8039 Midwife (Ref. 8049) 20217.07 8040 Mental Health Counselor (Ref. 8049) Pn� 217.07 8041 Chiropractor* Pn� 217.07 8042 Optometrist* Pn� 217.07 8043 Podiatrist* Pn� 217.07 8044 Hypnotist (Ref. 8049) Pn� 217.07 8045 Dietitian (Ref. 8049) Pn� 217.07 8046 Clinical Social Worker (Ref. 8049) Pn� 217.07 8047 Audiologist (Ref. 8049) Pn� 217.07 8048 Acupuncturist (Ref. 8049) Pn� 217.07 8049 Health Practitioners, NEC* Pn� 217.07 8051 Skilled Nursing Care Facilities 454 Rq 162.07 8059 Nursing Care Facility, NEC 4-59 per room, Rq PR minimum 3.76 per room, 37.04 minimum 8062 General Medical/Surgical Centers* Pn� 217.07 8069 Hospital 454 Rq 162.07 8070 Diagnostic Lab (Ref. 8071) QP CRI 97.24 8072 Dental Laboratory Pn� 217.07 8096 Nursing (Ref. 8099) 4op q3 107.66 Page 326 of 441 8097 Surgical Technician (Ref. 8099) 1n� 107.66 8098 Hearing Aid Specialist (Ref. 8099) 20 216.48 8099 Health & Allied Services, NEC in107.66 8111 Attorney* 206 17 216.48 8243 Computer Assembly/Setup 92 fil 97.24 8244 Business School 45435 162.07 8249 Art School 45435 162.07 8296 Ceramic Studio (Ref. 8299) 45435 162.07 8297 Auto Driving School (Ref. 8299) 15435 162.07 8298 Piano/Instrument Instruction QP CRI 97.24 8299 Schools & Education Services, NEC 15435 162.07 8322 Individual & Family Social Services "� 227.30 8323 Counselor QP CRI 97.24 8324 Marriage/Family Therapist* (Ref. 8322) "� 227.30 8351 Day Care - Children 15435 162.07 8361 Adult Congregate Living Facility* 4-55 per room, 35 P5 minimum 3.76 per room, 37.04 minimum 8399 Social Work Consultant* QP 61 97.24 8422 Aquarium QP 61 97.24 8610 Business Associations (Ref. 8611) QP 61 97.24 8611 Real Estate Board QP 61 97.24 8711 Engineer* 7 216.48 8712 Architect* 7 216.48 8713 Surveyor* 7 216.48 8721 Certified Public Accountant* 7 216.48 8722 Bookkeeper (Ref. 8721) QP 61 97.24 Page 327 of 441 8733 Research Organization 92 fil 97.24 8742 Business/Management Consultant 92 fil 97.24 8748 Traffic Manager 92 fi1 97.24 8900 Construction Inspector (Ref. 8999) 92 fil 97.24 8998 Geologist* (Ref. 8999) 20 216.48 8999 Services, NEC 92 fi1 97.24 9991 Merchant - temp. /regional mall concourse For four (4) or less temporary (less than a week), and portable, regional mall promotion activities with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax Receipt fee of $137 R 144.70 9992 Temporary retail/mall carts Activities which would otherwise be subject to retail Business Tax Receipt fees, but which are temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee of $41 3543.42 for each three-month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates for temporary and portable retail locations within the mall for the twelve-month period commencing October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating locations. Adjustment shall be made yearly during the month of August for the preceding twelve- month period and on written request from the mall operator. The mall operator shall submit sufficient records to support its request for adjustment. 9993 Itinerant or Transient Merchant Covers persons who travel from city to city and sell and deliver goods, merchandise or services to business establishments; or who sell, demonstrate or deliver goods, merchandise or services to the general public, and do not have a permanent place of business in the city. Each person, per day 4.42- 10.42 Each person, per week q1 R2 54.41 Each person, per month 20 216.48 (I.D. registration required for each person.) Notes: * Requires a license from one of the following: Page 328 of 441 Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified (Ord. No. 94-15, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-5- 95; Ord. No. 98-38, § 1, 9-15-98; Ord. No. 06-049, § 2, 6-20-06; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 13-022, § 2, 7-2-13) Sec. 13-5. Provision for unlisted businesses or occupations. All businesses must obtain a Certificate of Use prior to operating within the city. The city may hereinafter classify and issue Business Tax Receipts for businesses or occupations not specifically listed herein. The city shall establish a classification for new businesses or occupations in accordance with the United States Standard Industrial Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for any business not specifically listed herein shall be commensurate with the rate structure and classifications set forth in Sec. 13-4, and shall be established by resolution of the City Commission following application but prior to issuance of a Business Tax Receipt for the unclassified business. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-6 Administrative remedy to challenge classification or fee. (a) Any person may protest the classification or fee applicable to that person provided: (1) The person has made and filed an application for the issuance of a Certificate of Use and a Business Tax Receipt in accordance with the procedures set forth herein, and (2) The person has paid the application fee, inspection fee or re -inspection fee, when applicable, and (3) The person has received a Certificate of Use and paid the Business Tax Receipt fee requested by the city, and (4) The Business Tax Receipt has been issued. (b) A protest to a classification or fee shall be made in writing to the City Clerk within 30 calendar days following issuance of the Business Tax Receipt. Failure to timely file a protest constitutes a waiver of protest and no further challenge may be made by that person until renewal of the Business Tax Receipt, in which case the right to protest shall be revived for an additional 30 days following issuance of a renewal Business Tax Receipt. (c) A protest, when timely filed, shall be processed as follows: (1) The City Clerk shall forward the protest to the City Manager. Page 329 of 441 (2) The City Manager shall conduct a review of the protest and render a written report within 45 days of the filing of the protest. The City Manager shall consider any information submitted by the person filing the protest and any information submitted by the Development Services Division. The City Manager shall limit her report to an evaluation of whether the tax which is being protested is based on a reasonable classification and is uniform throughout the class. (3) The City Manager's report shall be filed with the City Clerk and submitted to the City Commission at the second meeting following filing of the report with the Clerk. A copy of the report shall be forwarded to person who filed the protest, along with a notice of the date on which the report is to be submitted to the City Commission. (4) The City Commission shall review the protest and the City Managers report and shall either grant or deny the protest. If the protest is granted the City Commission shall adjust the classification or fee in accordance with their findings and any tax previously paid by the protesting person, in excess of the adjusted tax, shall be refunded by the city. (5) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach County, Florida. The Circuit Court review shall be de novo, and the burden of proof shall be on the person initiating the action. (Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-7. Application and reapplication fees. (a) Prior to the issuance of a Business Tax Receipt a person shall file an application for Certificate of Use with the city. The application shall be on a form prescribed by the city, and shall be filed together with such other documentation as hereinafter set or as required by state law. The Business Tax Receipt portion of the form shall require disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each new application for a Certificate of Use and Business Tax Receipt shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which shall cover the Certificate of Use inspections and review to be undertaken by city zoning, and building division staff. Should additional inspections for environmental, Utilities, Code, fire, or other departments, be necessary due to the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00/hour) per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an application is denied due to failed inspections, the application may, upon payment of a re -inspection fee of ten dollars ($10.00) per re -inspection, be reconsidered. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 1, 4-20-04; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-8. Declaration required where fee depends on variable factors within the applicant's knowledge. Page 330 of 441 Whenever the Certificate of Use or Business Tax Receipt depends upon variable factors, the applicant shall be required by the city to execute an affidavit containing information upon which the Business Tax Receipt fee is calculated. The affidavit shall be completed, executed and returned to the city as a condition precedent to the issuance of a Certificate of Use or, on request by the city, to the reissuance of an existing Business Tax Receipt. Failure to accurately disclose variable factors shall constitute grounds for the denial of an application or the revocation of an issued Certificate of Use and Business Tax Receipt. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-9. Issuance of Certificate of Use. (a) Upon receipt of a Certificate of Use and payment of the required Business Tax Receipt fee, the Development Services Division will issue the Business Tax Receipt. (b) The mistaken issuance of a Certificate of Use or Business Tax Receipt shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a Certificate of Use or Business Tax Receipt be construed to be a judgment of the city as to the competence of the applicant to transact business. (c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances. (d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where certification is required under state law unless proof of said certification is provided. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-10. Due dates. Business Tax Receipts shall be sold by the city beginning August 1st of each year and are due and payable on or before September 30th of each year and expire on September 30th of the succeeding year; upon transfer to a new owner; or following approval of a Certificate of Use application for a new or relocating business. Sec. 13-11. Delinquency penalty. Business Tax Receipts that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each subsequent month of delinquency until paid, provided the total delinquency penalty Page 331 of 441 may not exceed twenty-five percent (25%) of the Business Tax Receipt tax for the delinquent establishment. (Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-12. Transfer of a Business Tax Receipt. (a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when there is a bona fide sale and transfer of the business and property used in the business. A transferred Business Tax Receipt shall be valid for the same time period and at the same location for which it was originally issued. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred Business Tax Receipt, after being approved, shall be of the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall pay to the city a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty- five dollars ($25.00) and shall present evidence of the sale or transfer of the business. A Certificate of Use shall be required when originally approved equipment is removed or altered, or an alteration to floor plans or other building systems occurs. (b) Transfer to new location. Business tax receipts may be transferred from one location to another, subject to receipt of a Certificate of Use, provided no change of ownership has occurred and the business classification in which the Business Tax Receipt was originally issued remains unchanged. A transferred Business Tax Receipt shall be valid for the same time period for which it was originally issued at the new location. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred Business Tax Receipt, following receipt of a Certificate of Use, shall be of the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall pay to the city the Certificate of Use application filing and inspection fees as listed in Sec. 13-7 and a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five ($25.00) dollars. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-13. Duplicate Business Tax Receipts. Duplicate Business Tax Receipts may be issued by the Development Services Division. A fee of five dollars ($5.00) will be assessed for each duplicate Business Tax Receipt issued. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-14. Business Tax Receipts to be posted or carried. (a) Business Tax Receipts issued to businesses that have a permanent place of business within the city shall prominently display the current Business Tax Receipt within the place of business. Page 332 of 441 (b) In those occupations requiring business to be conducted outside of the permanent place of business, the Business Tax Receipt holder shall be required to produce the Business Tax Receipt upon request. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business Tax Receipt obtained by false statements void ab initio. No Certificate of Use or Business Tax Receipt issued under the provisions of this chapter shall protect any person from prosecution for transacting any business, trade or profession not covered by the Certificate of Use or Business Tax Receipt, or protects any person doing business with a Business Tax Receipt issued upon any false statement of variable factors. Certificate of Use or Business Tax Receipts that are issued based on false statements shall be considered as void ab initio and shall not protect the holder thereof from prosecution for transacting business without a Certificate of Use or Business Tax Receipt. Falsification of information can constitute grounds for revocation of the Certificate of Use and Business Tax Receipt, for a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding sixty (60) days. Se c. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie evidence. (a) It shall be unlawful for any person to engage in any business, profession, or occupation taxable by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any person engaged in such business, profession or occupation without the required Certificate of Use and Business Tax Receipt shall pay a penalty of twenty-five percent (25%) of the full year Business Tax Receipt fee for such trade, in addition to the Business Tax Receipt fee set forth herein. (b) In addition, a person operating in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is operated in violation of this chapter. (c) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the burden shall be upon the defendant to rebut same. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-17. Methods of enforcement: injunction; code enforcement. (a) The specific penalties and enforcement mechanisms contained within this article are not exclusive remedies and shall not be construed as prohibiting the city from seeking other fines and other remedies authorized by city, state, or common law. Page 333 of 441 (b) Any person subject to and who fails to secure a Certificate of Use and Business Tax Receipt required by this chapter or any other ordinance of the city or law of the State of Florida, shall upon petition by the city be enjoined by the circuit court from engaging in the business in which he has failed to secure said Certificate of Use and Business Tax Receipt, until such time as he shall secure same, including all costs of such action. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. (a) The city may refuse to issue, reissue or transfer any Certificate of Use or Business Tax Receipt provided for in this chapter when: (1) Issuance will result in the violation of applicable city, county, federal or state law, or (2) When the City's Code Enforcement Board has issued an order finding a code violation and the violation has not been corrected, or (3) When the City's Code Enforcement Board has issued an order imposing a fine and the fine remains unpaid. (b) In the case of refusal to issue, reissue or transfer any Certificate of Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for denial. (c) The city shall have the right and authority to revoke, with fifteen (15) days written notice, any Certificate of Use or Business Tax Receipt granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or work being conducted or carried on by the business constitutes the violation of any applicable city, county, or state law. (d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use or Business Tax Receipt or whose Certificate of Use or Business Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the Building Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk. (e) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial evidentiary hearing. The initial burden of proof shall be on the City to establish that the refusal or denial to issue, reissue or transfer a Certificate of Use or Business Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the City, County, Federal or State law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact. Page 334 of 441 (f) The decision of the Building Board of Adjustment shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court. (g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed. (h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06- 096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-19. Special permits for nonprofit enterprise. The city shall issue special permits, following issuance of a Certificate of Use, without payment of any Business Tax Receipt fees, to any person or organization for the conducting or operating of a nonprofit enterprise, either regularly or temporarily, when the applicant signs an affidavit that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose. (a) Special permittee must conform. A person operating under a special permit shall operate his nonprofit enterprise in compliance with this section and all other rules and regulations. (b) False affidavit. Any person signing a false affidavit pursuant to this section shall be subject to a five hundred dollar ($500.00) fine and/or sixty (60) days in jail. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-20. Special events. (a) Permits for special events. It shall be unlawful to organize, conduct or participate in any special event on the streets of the city or at any of the city's outdoor recreation facilities unless a permit for such special event has been issued by the City Manager or his/her designee. (b) Definition. Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public. A Special Event shall include but not be limited to city co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand opening promotions, and other similar events not specifically permitted by city ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales Page 335 of 441 or entertainment, are exempt from obtaining a Special Event permit; however, applicant must still obtain the proper Building Permit. City of Boynton Beach Recreation and Parks Department events are exempt from this section. Special Event Handbook. A publication issued by the City of Boynton Beach Recreation Department entitled "Special Event Handbook" which sets forth procedures for the application process and city requirements for special event activities, and which is attached hereto as Exhibit "A" and made a part hereof. This booklet may be amended from time to time by the City Manager or his or her designee; however Special Event Permit Fees shall be amended by resolution of the City Commission. (c) Application for a special event permit. (1) Any person or organization seeking to conduct a special event in the city shall file an application with appropriate fee, for a special event permit with the Recreation Department on forms provided by the city, on or before the following deadlines prior to the event: Expected Attendance (persons) Deadlines (months) Less than 500 One month 501 to 5,000 Three months 5,001 to 50,000 Six months More than 50,000 Nine months (2) All information solicited on the special event permit application form must be provided by the applicant. Incomplete information may result in denial of the permit application. (3) For events with an expected attendance of 50,000 persons or greater, a letter of intent shall be filed at least one year prior to the event with the City Manager describing dates, times and location of all event activities. (4) Notwithstanding the foregoing procedure, the City Commission reserves the right to waive application filing deadlines on a case by case basis. (d) Standards for issuance of permit. A special event permit shall be issued by the Recreation Department unless: (1) The application is not complete in all material respects and all information contained therein accurate within the knowledge of the Special Events Coordinator; (2) All of the conditions set forth herein and all contractual requirements imposed by the city, if any, have not been or will not be met; Page 336 of 441 (3) The special event will interfere with or unduly burden the city's provision of municipal services to the community including but not limited to police, fire and emergency medical protection, water and sanitary sewer service, and solid waste removal; (4) The public benefit provided by the event has not been demonstrated; (5) The appropriate fee established by resolution of the City Commission has not been paid. (e) Conditions for permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public area utilized shall be cleaned up following any special event and in all respects restored to its former condition. A refundable security bond, or similar financial pledge, may be required in amount to be determined by the Recreation Department, to ensure that any damage is repaired and the premises returned to its previous condition. (2) The use or construction of platforms, chairs or other equipment may be prohibited or restricted by the Recreation Department and/or the City Manager if such would result in permanent damage to city property or constitute a hazard to public safety. (3) A detailed site plan shall be submitted showing the locations of any tents, port -o -lets, parking lots, stages, booths, and the like, and the time periods for set up and break down of the event. This plan shall be subject to review and approval by city and staff. (4) All city ordinances, rules or regulations applicable to the use of the city property on which the special event will occur shall be obeyed, unless specifically waived by the City Commission. (5) Indemnification and insurance to protect the city shall be provided as required by the City's Risk Management Department. (6) Unless extended by the Recreation Department and/or the City Manager, all permits necessary to conduct the special event shall be obtained and copies thereof provided to the city not less than 14 days prior to the first day of the event. (7) When a city employee is required at a special event, he/she shall complete, within 30 working days of the conclusion of the special event, an evaluation of the event on forms provided by the city. The permit holder for the special event will be provided with a copy of said evaluation. The need for a city employee at the special event will be determined by the City Manager or his/her designee. (e) Enforcement/penalty. It shall be unlawful to operate or hold any special event in the city without compliance with this section. Failure to comply with this section shall be deemed a violation of the city code punishable by up to a $500 fine and/or 60 days in the county jail. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 98-37, § 1, 10-20-98; Ord. No. 01-19, § 1, 4-17-01; Ord. No. 03- 025, § 1, 6-17-03; Ord. No. 12-012, § 2, 7-3-12) Page 337 of 441 Sec. 13-21. Registration and regulation of contractors. Contractors and specialty contractors, unless exempt as described in Florida Statutes, Section 205.065, who do not maintain a location or branch office in the city but who conduct business within the city shall be required to register with the city before conducting business within the city. Contractors who are holders of a valid countywide municipal contractor's license, in addition to a Palm Beach County Business Tax Receipt, shall be required to register, show proof of the countywide municipal license and pay a registration fee of two dollars ($2.00). Contractors who are not holders of a valid countywide municipal contractor's license shall be allowed to register and the fee schedule shall be set by ordinance. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-22. Professionals, Business Tax Receipt. Each professional, engaged in the practice of any profession, shall be required to obtain an individual Business Tax Receipt. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-096, § 2, 1- 2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-23. Home occupational Business Tax Receipt fees Business Tax Receipts for home occupations, when otherwise permitted, shall pay the same fee for such business, profession or occupation as would otherwise be payable if the occupation were conducted in a non -home location. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-24. Coin-operated vending machines. (a) A Business Tax Receipt is required for all vending machines, except that the following coin-operated machines are and shall be exempt from Business Tax Receipt hereunder: (1) No Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. (2) No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise a holder of a Business Tax Receipt by the city, and such machines are located and operated at the owner's regular place of business as listed on the Business Tax Receipt. (b) Proprietors of places of business and/or owners of record of the premises in or on which vending machines are placed shall be jointly and severally responsible for the vending machine Business Tax Receipt if not otherwise paid. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-25. Businesses that handle hazardous materials or waste. Page 338 of 441 All businesses which would be located within the city shall state, as part of the Certificate of Use application, whether the business would use, handle, store, generate, or display hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case a City Fire Department Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 04-026, § 2, 4-20-04; Ord. No. 06- 096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Se c. 13-26. Businesses that tow vehicles. (a) Any person or firm that tows or removes vehicles and proposes to require an owner, operator, or person in control of a vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the City Police Department a complete copy of the current rates to be charged for such services, post at the storage site an identical rate schedule, and provide the current rate schedule with any written contracts with property owners, lessors, or persons in control of property which authorize such person or firm to remove vehicles. (b) Any person or firm towing or removing any vehicles from private property without the consent of the owner or other legally authorized person in control of the vehicles shall, on any trucks or other vehicles used in the towing or removal, have clearly indicated, in at least two-inch letters such person's or firm's name, address and telephone number on the driver and passenger side doors. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-27. Identification of vehicles used in business or occupation. Any and all trucks or other vehicles operated or used in connection with any contracting, building, delivery, maintenance, repair service, manufacturing business or occupation conducted within the municipal limits of the City of Boynton Beach, Florida, shall have painted or otherwise prominently displayed in a visible and legible manner upon such truck or other vehicle, the name and address of the business in which such truck or other vehicle is used. Such information shall be displayed on both sides of the vehicle, and the letters included in such sign shall each be a minimum height of two inches. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 12-012, § 2, 7-3-12) Sec. 13-28-13-51. Reserved. Page 339 of 441 14. E. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-084 - Authorize and direct staff to prepare for the financing of various capital projects with Utility System Revenue Bonds not exceeding $23,000,000, and express the intent to reimburse capital expenditures incurred prior to the issuance of the bonds with bond proceeds. EXPLANATION OF REQUEST: City staff from the Utility and Finance Departments have taken initial steps in preparing for the issuance of bonds to finance large water, sewer and storm water projects. Engineering consultant, CH2M Hill in 2011 updated and completed a Rate Study that was necessary to determine the water, sewer and storm water rates for a five year period to support existing Utility operations plus debt service to repay the bonds and interest. As part of the report CH2M recommended issuing $20,000,000 of financing which the City did as part of the 2012 Utility System Revenue Bond. CH2M HILL also recommended that the City issue another $20,000,000 in Utility Revenue Bonds to fund additional projects in another two to three years to finance improvements needed to continue serving existing customers, as well as to have sufficient capacity for new growth. Staff believes based on current projects, finances and anticipated utility projects that now is the time to secure the additional funding that CH2M Hill recommended. Staff believes that based on the current Utility operations this financing will provide the needed funding for the next 10-15 years, unless there is a major expansion of the system. Financial Advisor, PFM is working with staff and reviewing the current rate structure, need for future financing, etc. to support the bond sale. In addition, they will serve as a consultant to advise us and the Bond Underwriter on timing and structure of the bond issuance Mark E. Raymond, serves as the City's Bond Counsel regarding the bond issuance working with both the City Attorney's Office, which serves as the City's Issuer's Counsel, and the Finance Department. There will be no increase to property taxes nor will the General Fund be tapped to fund the debt service of the new bond issue. The repayment of Utility Revenue Bond debt will come solely from the revenues of the Utility System. This action does not authorize the issuance of any financing, any financing documents must be authorized by subsequent action of the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Issuance of the bonds will allow the Utility Department to advance its Capital Improvement Plan. Bond proceeds will finance both improvement as well as renewal and replacement projects. Projects funded with the bond proceeds include pipeline rehabilitation in various neighborhood locations, water reuse distribution, completion of East Plant rehabilitation and ion exchange, and Seacrest Corridor improvement projects. Page 340 of 441 Currently the City has tow (2) outstanding Utility System Revenue Bonds: 1) 2002 Issue - $15,680,000 is currently outstanding and is scheduled to be paid off in the year 2020. 2) 2012 Issue - $44,645,000 is currently outstanding and is scheduled to be paid off in the year 2036. The current debt service payment on the two (2) outstanding bonds is approximately $6.1 M for ne)d year and with this additional financing it is estimated to increase to $6.75M. FISCAL IMPACT: Budgeted Depending on interest rates at time of financing the Utility fund would increase increased debt service payments of appro)amately $600,000 - $675,000 per year. ALTERNATIVES: Not issuing the bonds but this would equate to not undertaking needed utility projects. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution REVIEWERS: Description Resolution for Utility System Financing Department Reviewer Action Date Finance Howard, Tim Approved 6/20/2016 - 2:33 FSM Legal Foyle, Judith Approved 6/30/2016 - 10:14 AM Finance Howard, Tim Approved 6/30/2016 - 11:22 AM City Manager Howard, Tim Approved 7/1/2016 - 7:41 AM Page 341 of 441 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE CITY TO ISSUE A REQUEST FOR PROPOSALS FOR FINANCING TERMS FOR THE CITY'S UTILITY SYSTEM REVENUE BOND, SERIES 2016; EXPRESSING OFFICIAL INTENT TO REIMBURSE PRIOR EXPENDITURES; AND PROVIDINGAN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1: City staff, financial advisor and bond counsel are authorized and directed to cause to be issued on behalf of the City a request for proposals from interested financial institutions for financing terms for the City's Utility System Revenue Bonds, Series 2016 (the "Bonds"). If issued, the Bonds will be in the approximate amount of up to $23,000,000 and will be payable from Utility System revenues. Proceeds will be used to pay for utility system capital expenditures. Section 2: This Resolution does not authorize or require the issuance of the Bonds, and any issuance of the Bonds must be authorized by subsequent action of the City Commission. Section 3: The City reasonably expects to incur capital expenditures with respect to the City's utility systems prior to the issuance of the Bonds, and reasonably expects to reimburse such original expenditures with proceeds of the Bonds in the maximum principal amount of up to $23,000,000.00. This does not obligate the City to issue any Bonds or complete any form of financing or to reimburse any such expenditures. Section 4: This Resolution shall take effect immediately upon its passage. Page 342 of 441 28 PASSED AND ADOPTED this day of , 2016. 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: Judith Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Stephen B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina Romelus Commissioner — Joe Casello VOTE YES NO Page 343 of 441 14. F. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-015 - SECOND READING - PUBLIC HEARING - Sustainable parking (heat island effect) and on -street parking (CDRV 16-003) Approve amendments to the Land Development Regulations, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. EXPLANATION OF REQUEST: In 2014 the Land Development Regulations were amended to introduce on -street parking provisions and reduced parking requirements for eligible projects that apply sustainable development practices. Such developments are incentivized to include sustainable features such as extra open space; enhanced bike, scooter, and motorcycle accommodations; electrical vehicle charging facilities; and operational procedures to promote car-pooling, and use of mass transit and fuel efficient vehicles. These new provisions recognize independently -prepared parking studies showing anticipated parking needs valued lower than the City's current minimum parking ratios, which warrant a reduced parking requirement for a given project. Secondly, the amendments allowed for the counting of on -street, adjacent parking spaces toward the minimum required spaces for a given project. The desired result, in part, is minimizing the construction of excess parking spaces, thereby reducing impervious surfaces. While applying such standards to an urban infill development, staff realized that such projects would not meet the intent of the open space criterion, and therefore represented the opportunity to tailor the regulations for the built environment by adding heat island effect standards. Heat island effect standards and development practices are a common component of climate action plans, green building standards, and land development regulations adopted by many jurisdictions across the country. In fact, the City's Green Building Program is based on the International Green Construction Code (IGCC) which includes such requirements under the heading "Heat Island Mitigation". The proposed amendments further endorse such sustainable building practices by expanding their use from the city's voluntary program and incentivizing their use within the City's parking regulations. The elements of a site that can have the greatest impact on heat island temperatures include tree canopies and other vegetation, roof design (e.g. green roofs) and roof color, and pavement surfaces. It is anticipated that compliance with this new requirement would be evaluated by, but not limited to, the following considerations: 1) Site design and tree species selection that facilitates maximum tree canopy coverage of parking areas and other hard surfaces; 2 ) The level of commitment to maintain the landscaping in accordance with state defined arborist standards to prevent unnecessary and drastic trimming of project vegetation and avoidable reduction in tree canopy coverage; Page 344 of 441 3) Whether any Energy Star or equivalent roofing materials are used to confirm or ensure that the roof has a high reflectivity property; and 4) The high reflective material, mixtures, or treatment process selected for the materials used on walkways and parking lots (i.e. white cement used in the concrete mix in lieu of gray cement if still considered preferable for the cooler effect) The high reflective material, mixtures, or treatment process selected for the materials used on walkways and parking lots (i.e. white cement used in the concrete mix in lieu of gray cement if still considered preferable for the cooler effect) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proposed amendments would promote sustainable development practices which furthers the City's Climate Action Plan. FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Promotes sustainable development practices specifically referenced under C.A.P. Implementation Strategy 4.5.2 as pertaining to parking reductions, promotion of alternative modes of transportation, and roof design and shading of parking lots. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D 03rdinance 03rdinance amending LDR Ch 4, Art V (parking) D Addendum Staff Report D Addendum Proposed Amendments REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 6/22/2016- 11:53 AKA Page 345 of 441 I ( ORDINANCE NO. 16- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 4, ARTICLE V "MINIMUM OFF-STREET PARKING 7 REQUIREMENTS", SECTION 3, "SPECIAL REDUCTIONS IN 8 REQUIRED OFF-STREET PARKING"; AMENDING CHAPTER 4, 9 ARTICLE V "MINIMUM OFF-STREET PARKING 10 REQUIREMENTS", SECTION 4, "EXCEPTIONS TO REQUIRING 11 OFF-STREET PARKING"; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, staff is proposing amendment to the Land Development Regulations 16 (LDR) to Chapter 4, Article V, entitled "Minimum Off -Street Parking Requirements", 17 Sections 3 and 4 to include lowering the heat island effect as an additional eligibility 18 criterion for infill or redevelopment projects and to allow in limited circumstances, parking 19 spaces on both sides of the street to count toward project parking requirements; and 20 WHEREAS, the proposed amendments endorse sustainable building practices by 21 expanding their use from the City's voluntary program and incentivizing their use within the 22 City's parking regulations; and 23 WHEREAS, the new provisions recognize independently -prepared parking studies 24 showing anticipated parking needs valued lower than the City's current minimum parking 25 ratios, which warrant a reduced parking requirement for a given project and allow for the 26 counting of on -street parking, adjacent parking spaces toward the minimum required spaces 27 for a given project which, in part, minimizes the construction of excess parking spaces, 28 thereby reducing impervious surfaces. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 1 - Page 346 of 441 31 Section 1. The foregoing whereas clauses are true and correct and are now ratified 32 and confirmed by the City Commission. 33 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 34 "Site Development Standards", Article V "Minimum off-street parking requirements", Sec. 35 3 "Special Reductions in Required Off -Street Parking" is hereby amended as follows: 36 Sec. 3. Special Reductions in Required Off -Street Parking. 37 38 ... 39 40 G. Parking Reductions for Sustainability. To promote or recognize sustainable design or 41 operation, including increased pervious area, reduced parking fields, promotion of mass 42 transit and uses of renewable energy sources, lower parking requirements will be granted to 43 eligible developments as follows: 44 Use Minimum Number of Required Parking Spaces' Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1) -bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 46 ' Only represents the base minimum parking ratios. Other requirements may also apply 47 including for guests and recreation areas as described in other sections of the Land 48 Development Regulations. 49 50 51 1. Applicability. Eligible developments must be able to provide sustainable design and 52 operation, and, except where noted below, must be located within one-half (1/2) mile from a 53 regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus 54 stop with direct access to a regional transportation facility, measured from property line to 55 property line. 56 2. Application and Development Requirements. Requests for parking reduction must 57 occur at time of site plan review, and must include a parking demand study prepared by a 58 professional engineer and/or based on findings from an existing development or other 59 comparable projects experienced by the applicant that include, in part, projects designed to C:\Prop-ram Files tx861\neevia.com\docConverterPro\temD\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton nnh 3 27 l 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 2 - Page 347 of 441 60 meet lower parking requirements as allowed by this section. The study must provide 61 evidence that the project would not be deficient of parking, that the reduced ratios would not 62 adversely affect the project in any way, or increase the demand for parking spaces upon 63 public streets in the immediate vicinity, or would not increase the demand for parking spaces 64 on private properties in the immediate vicinity unless in conjunction with an approval for 65 shared parking pursuant to city regulations. 66 Eligible applicants must demonstrate that proposed parking design or resources would be 67 adequate, and shall satisfy the following requirements meeting sustainable design and 68 operation (where basic mathematical calculations are involved, rounding will be based on 69 the traditional mathematical rule): 70 a. Describe, in quantifiable terms, how the project provides an increase in green space 71 (pervious area) which otherwise would be paved for parking spaces-, or how the proposed 72 protect provides a lower urban heat island effect if the proposed development is an urban 73 infill or redevelopment project. At minimum, the elements to be included for compliance 74 are all building roofs, parking and other hard surfaces, and tree canopies. 75 b. Accommodate fuel efficient vehicles through provision of covered and well - 76 illuminated locations with apparatus for parking and locking of bikes and low -powered 77 mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered 78 storage facilities shall be located on the project site in close proximity to the destination of 79 the residents, employees, or visitors. 80 c. No more than three percent (3%) of the required parking spaces are represented by 81 spaces dedicated to motorcycles, which should be covered as an incentive for use. 82 d. No more than ten percent (10%) of the required parking spaces are represented by 83 spaces dedicated to compact vehicles, and disbursed throughout the project to maximize 84 accessibility and convenience. 85 e. Provide efficiency in parking design including consideration for space -conserving 86 tandem spaces when functionally feasible. 87 f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 88 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand 89 (50,000) square feet for non-residential developments in excess of seventy-five thousand 90 (75,000) square feet). 91 g. Design for maximized pedestrian interconnectivity for internal circulation and 92 efficient ingress and egress minimizing travel distance for pedestrians and 93 bike/moped/scooter riders. 94 h. Include a parking contingency plan to show areas on the proposed site plan where 95 parking spaces may be added in the event that a shortage is subsequently realized for average 96 daily parking demand. If such future spaces do not equal or exceed the total deficiency 97 determined by the standard parking requirements for the use, provide operational rules, 98 procedures or strategies at time of site plan approval to off -set the realized deficiency. 99 i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining loo participants' travel destination information, schedules and routes for controlled access by 101 residents and employees. 102 j. Maintain bus and train schedules in the management office, accessible to residents 103 and employees. The management shall designate employees who will maintain and C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton -3 - Page 348 of 441 104 distribute schedule and route information enabling them to advise residents and employees 105 as necessary. 106 k. Consider a shuttle service/program providing transportation to the nearest transit 107 facility, whether as an incentive or fee-based. Residents should be polled for interest. 108 1. Include marketing goals and practices targeting residents who work atypical shifts, 109 including incentives for those in fields such as law enforcement, medical, security, etc. 110 m. Provide the following information to residents at time of lease, and post it on a 111 permanent sign visible from a common location and at entry to the management office: "This 112 development offers sustainable living (or working) environment that facilitates a reduction 113 in required parking spaces while accommodating bikes, low -powered mopeds and scooters, 114 motorcycles, compact vehicles and electric vehicles. Contact the management for further 115 information". 116 n. Establish and implement operational rules that regulate the maximum number of 117 vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact 118 and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or 119 utility vehicles and equipment can be parked or stored. Incentives shall be provided for 120 single vehicle households or to those regularly using or dependent on public transportation. 121 o. Implement an operational rule prohibiting operators, residents, employees, visitors, 122 etc. from using any parking space, including interior garage spaces, for any purpose other 123 than for the temporary parking of vehicles as intended and designed for the project. 124 p. Consent to providing a report containing evidence of continued compliance with 125 the requirements herein upon request by the city. 126 127 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4, 128 "Site Development Standards", Article V "Minimum off-street parking requirements", Sec. 129 4 " Exceptions to Providing Required Off -Street Parking" is hereby amended as follows: 130 131 Sec. 4. Exceptions to Providing Required Off -Street Parking. 132 133 ... 134 135 136 C. On -Street Parking. 137 1. Applicability. The minimum number of required off-street parking spaces for a use 138 or project may be satisfied, in part, by the use of on -street parking spaces located within the 139 public right-of-way abutting that same lot or parcel. 140 2. Conditions. The provision for on -street parking space to be used to meet the 141 minimum number of required off-street parking spaces shall be subject to the following 142 conditions: 143 a. The on -street parking provision is applicable to all existing or proposed 144 development located within the Community Redevelopment Area; C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 4 - Page 349 of 441 145 b. Only the on -street parking spaces located within the public right-of-way that abut 146 the frontage of a use or project may be used to count toward meeting the minimum number 147 of required off-street parking spaces. The on -street parking spaces must be located on the 148 same side of the street as the subject use or project except if the land use on the opposite side 149 of a two-lane street would not be eligible for a parking reduction under this section, or if the 150 existing land use is any residential use that does not rely upon on -street parking to meet its 151 minimum parking requirement then the parking spaces on the opposite side of the street 152 from the subject property may also be tabulated for the p ose of this section; 153 c. The design of the on -street parking spaces must be approved by the City Engineer 154 in order to satisfy parking demand according to Section B.1. herein; and 155 d. On -street parking spaces utilized under this provision shall not be reserved, 156 temporarily or permanently, for any given use. 157 158 159 Section 4. Each and every other provision of the Land Development Regulations 160 not herein specifically amended, shall remain in full force and effect as originally adopted. 161 Section 5. All laws and ordinances applying to the City of Boynton Beach in 162 conflict with any provisions of this ordinance are hereby repealed. 163 Section 6. Should any section or provision of this Ordinance or any portion 164 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 165 affect the remainder of this Ordinance. 166 Section 7. Authority is hereby given to codify this Ordinance. 167 Section 8. This Ordinance shall become effective immediately. 168 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce - 5 - Page 350 of 441 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D3F2EEAB-F4BE-482A-915D-B4120F53DB5A\Boynton 7 1 4nstninnhle nnrkino and nn -street nnrkino - Ordinnnce -6- Page 351 of 441 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-025 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 11, 2016 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. 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 amendment would advance sustainability initiatives (#2). EXPLANATION Green and Smart Growth initiatives have incrementally been implemented into the LDR since 2005 with the addition of provisions for livework units. Subsequent amendments have regarded solar energy (2010), water -conserving landscaping (2010), wind energy (2010 and 2013), retail sales of scooters (2011), EV charging stations (2012), Transit Oriented Developments (TOD) (2013 and 2014), and most recently (2014), the introduction of on -street parking provisions and reduced parking requirements in exchange for certain sustainable development practices. Such developments are incentivized to include sustainable features such as extra open space; enhanced bike, scooter, and motorcycle accommodations; compact and electric vehicle parking and -1- Page 352 of 441 charging facilities; maximized interconnectivity and internal/external access; and operational procedures to promote car-pooling, mass transit and use of fuel efficient vehicles. These new provisions recognize independently -prepared parking studies showing anticipated parking needs valued lower than the City's current minimum parking ratios, which warrant a reduced parking requirement for a given project. Secondly, the amendments allowed for the counting of on -street, adjacent parking spaces toward the minimum required for a given project. The desired result, in part, is minimizing the construction of excess parking spaces, thereby reducing impervious surfaces. The first application of the sustainable parking requirements was in a suburban setting on a vacant parcel greater than 8 acres. Subsequently, the provisions have been tested on smaller and/or built properties with limited space to achieve compliance with the open space criterion of the newly established sustainable parking provisions. Staff realized the solution was not to find that the open space requirement was not applicable in such circumstances, but instead identified another opportunity for an additional LDR amendment to further the effectiveness and appropriateness of sustainable development regulations. The solution: add the requirement for decreasing the heat island effect of the development, whether retrofitting an existing development or constructing new. A document prepared by the National EPA in 2008, titled "Reducing Urban Heat Islands: Compendium of Strategies", presented the results from studying the temperature gradient between the built urban environment and the surrounding rural environment. The warmer surface and atmospheric temperatures in the urban setting results from exposure of roof and pavement surfaces to the sun, surfaces commonly comprised of non -reflective materials which heat up under the sun's rays. Also, with less vegetation present, evapotranspiration is lower in urban areas, which means less moisture is released by plants that would lower the ambient air temperature. The elements of a site that can have the greatest impact on heat island temperatures include tree canopies and other vegetation, roof design (e.g. green roofs) and roof color, and pavement surfaces. Trees/Vegetation: The EPA report indicates that leaves and branches of trees reduce the sun's energy that reaches the ground by 70% to 90%. Roof materials & colors: Sustainable roof design for cooler temperatures is called "cool roofs", which are comprised of "highly reflective and emissive materials (ability to emit radiation) that can remain approximately 50 degrees to 60 degrees (Fahrenheit) cooler than traditional materials during summer periods. Most cool roof products are bright white to maximize reflectivity and can include cool roof coatings, membranes, and asphalt shingles or tile materials that include special pigments to achieve the reflectivity objective. It is not uncommon for State's to include in their respective energy codes, cool roofing as an energy efficiency option. Pavement materials: Of the three (3) site elements targeted by urban heat island regulations, pavement materials appears to be the most complex, given, in part, the advantages and disadvantages of different surface materials and treatment options. However, any cool pavement option or technology tends to store less heat energy and may have lower surface temperatures compared with conventional products. The ultimate material used would most likely be a factor of cost. The varying options may include 1) asphalt modified with high albedo (i.e. reflectivity) materials or post -installation treatment; 2) concrete with white cement in lieu of gray cement; -2- Page 353 of 441 various permeable pavements (i.e. pervious concrete); topping and micro -surfacing with high albedo materials; and paver/vegetation combinations. The proposed amendment is limited to paragraph "a", the first criterion or requirement for using the sustainable parking requirements of Chapter 4, Article V, Section 3.G. The proposed amendment is shown in underlined text in an excerpt from Section 3.G below, and with the entire Section 3.G attached as Exhibit "A". 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces-, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be includedfor or compliance are all building roofs, parking and other hard surfaces, and tree canopies. Requirement "a" was originally written with a limited emphasis on open space, simply requiring the applicant to justify the decreased parking, in part, by the increased green space in the project. Recognizing that smaller projects and infill developments would have little opportunity to preserve open space that likely doesn't exist on the property, the proposed amendment adds the option for such circumstances to include planning for a lower urban heat island. Although the proposed amendments could include specific quantifiable standards involving the albedo of materials or minimum tree canopy coverage at time of maturity, staff proposes that this introduction of heat island effect standards be flexible, less stringent and less quantitative. These standards are new to the City's Land Development Regulations, could require a level of expertise that not all development teams possess, and impacts on project costs have not been fully considered. Therefore, staff recommends that this general format is preferable for initial implementation and testing for effectiveness in meeting the objectives of sustainability and user- friendliness. It is anticipated that compliance with this new requirement would be evaluated by, but not limited to, the following considerations: -3- Page 354 of 441 1) Site design and tree species selection that facilitates maximum tree canopy coverage of parking areas and other hard surfaces; 2) The level of commitment to maintain the landscaping in accordance with state defined arborist standards to prevent unnecessary and drastic trimming of project vegetation and avoidable reduction in tree canopy coverage; 3) Whether any Energy Star or equivalent roofing materials are used to confirm or ensure that the roof has a high reflectivity property; and 4) The high reflective material, mixtures, or treatment process selected for the materials used on walkways and parking lots (i.e. white cement used in the concrete mix in lieu of gray cement if still considered preferable for the cooler effect); CONCLUSION/RECOMENDATION Staff proposes these code amendments to continue incremental addition of smart growth and sustainable standards into the City's LDR. Attachment S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 16-003 Sustainable Parking - heat island effect & On-site parking\Staff Report - Sustainable Parking - Heat Island Effect & on -street parking.doc -4- Page 355 of 441 EXHIBIT "A" — Proposed Amendments Part III. Code of Ordinances, Land Development Regulations CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 3. Special Reductions in Required Off -Street Parking. G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use Minimum Number of Required Parking Spaced Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1) -bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 1. Only represents the base minimum parking ratios. Other requirements may also apply including parking for guests and recreation areas as described in other sections of the Land Development Regulations. 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation Page 356 of 441 EXHIBIT "A" — Proposed Amendments (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces-, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. b. Accommodate fuel efficient vehicles through provision of covered and well -illuminated locations with apparatus for parking and locking of bikes and low -powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space -conserving tandem spaces when functionally feasible. f Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off -set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. 1. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low -powered mopeds and scooters, Page 357 of 441 EXHIBIT "A" — Proposed Amendments motorcycles, compact vehicles and electric vehicles. Contact the management for further information". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. Sec. 4. Exceptions to Providing Required Off -Street Parking. C. On -Street Parking. 1. Applicability. The minimum number of required off-street parking spaces for a use or project may be satisfied, in part, by the use of on -street parking spaces located within the public right-of-way abutting that same lot or parcel. 2. Conditions. The provision for on -street parking space to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions: a. The on -street parking provision is applicable to all existing or proposed development located within the Community Redevelopment Area; b. Only the on -street parking spaces located within the public right-of-way that abut the frontage of a use or project may be used to count toward meeting the minimum number of required off-street parking spaces. The on -street parking spaces must be located on the same side of the street as the subject use or project except if the land use on the opposite side of a two- lane street would not be eligible for a parking reduction under this section, or if the existing land use is any residential use that does not rely upon on -street parking to meet its minimum parking requirement then the parking spaces on the opposite side of the street from the subject property may also be tabulated for the purpose of this section; c. The design of the on -street parking spaces must be approved by the City Engineer in order to satisfy parking demand according to Section B.1. herein; and d. On -street parking spaces utilized under this provision shall not be reserved, temporarily or permanently, for any given use. Page 358 of 441 14.G. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-012 - SECOND READING - PUBLIC HEARING - Approve Future Land Use Map (FLUM) amendment from Local Retail Commercial (LRC) to Mixed Use (MX); PROPOSED ORDINANCE NO. 16-013 - SECOND READING - PUBLIC HEARING - Approve rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office. Agent: Bradley Miller, Miller Land Planning, Inc. EXPLANATION OF REQUEST: Applicant is seeking FLUM amendment and rezoning, along with approval for a new site plan (NWSP 16-002), Community Design Plan Appeal (CDPA 16-001) and Height Exception (16-002), to develop a mixed use project that would include a 28 -unit residential building and an 11,000 square foot medical/professional building. The proposed future land use classification (Mixed Use) and zoning (MU -L2) is consistent with, and implements, recommendations of the 2006 update to the Federal Highway Corridor Community Redevelopment Plan, which has been adopted by reference into the Comprehensive Plan. The redevelopment plan recommends MU -1_2 zoning for all parcels located between Federal Highway and S.E. 4th Street and extending south of the Ocean 500 project through to S.E. 12th Avenue. The parcel abutting the subject property to the south already carries the Mixed Use future land use classification and MU -1_2 zoning designation. The request supports an increase in housing units and jobs. Both are important since the subject property is located within the Downtown Transit -Oriented Development District, which covers the area within a one-half mile radius of the station for the future commuter Tri -Rail Coastal Link service at the intersection of Ocean Avenue and the Florida East Coast rail corridor. There is a need for more residents and more job -creating commercial uses in the District to maximize potential benefits of access to a regional transit system. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or impact on services that would require capital outlays. FISCAL IMPACT: The preliminary estimate of annual revenues in ad valorem taxes and fire assessment for the proposed project is $36,000. ALTERNATIVES: No alternatives are recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 359 of 441 CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Ordinance D Staff Report D Location Map REVIEWERS: Department City Clerk Description Ordinance Land Use Ordinance Rezoning Staff Report Exhibit "A" - Location Map Reviewer Action Pyle, Judith Approved Date 6/22/2016 - 11:53 AKA Page 360 of 441 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION OF MICHAEL BERTINO OF 601 SE 4TH STREET, LLC. & 601 SOUTH FEDERAL, LLC, FOR HIDDEN BROOK CORPORATION, OWNER FOR A LAND USE AMENDMENT FOR A PARCEL OF LAND LOCATED AT 601 FEDERAL HIGHWAY FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Michael Bertino of 601 SE 4th Street, LLC. & 601 South Federal, LLC, has filed a petition on behalf of the owners, Hidden Brook Corporation High Ridge Housing, LLC., to change the land use designation of a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the land use amendment and heard testimony and received evidence which the Commission finds support for the land use amendment for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed land use amendment is consistent with the City's Comprehensive Plan and otherwise comparable City plans for development; and WHEREAS, the City Commission, exercising its legislative powers, deems it in the best interests of the residents and property owners of said City to amend the land use as 26 hereinafter set forth. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: {00135922.1 306-9001821} Page 361 of 441 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. 31 Section 2. The land use designation for the following described land is changed 3 2 from LOCAL RETAIL COMMERCIAL (LRC) to MIXED USE (MX). 33 LEGAL DESCRIPTION 34 LOTS 1, 2,3 AND 4, BLOCK C OF PENCE SUBDIVISION NO. 1, ACCORDING TO 35 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 33 OF THE 36 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 13 37 FEET OF LOTS 1 AND 4 FOR RIGHT OF WAY STATE ROAD NO. 5 (US NO. 1) 38 AS SHOWN IN ROAD PLAT BOOK 3 ON PAGE 11. 39 40 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 41 reference. 42 Section 3. That the Future Land Use Map of the City is amended to reflect this land 43 use change. 44 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 45 repealed. 46 Section 5. Should any section or provision of this Ordinance or any portion thereof 47 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 48 the remainder of this Ordinance. 49 Section 6. This ordinance shall become effective upon final passage and expiration of 50 the time for reconsideration. 51 FIRST READING this day of , 2016. 52 SECOND, FINAL READING AND PASSAGE this day of 53 54 55 {00135922.1 306-9001821} CITY OF BOYNTON BEACH, FLORIDA 2016. Page 362 of 441 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 ATTEST: Judith A. Pyle Interim City Clerk (Corporate Seal) {00135922.1 306-9001821} Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 363 of 441 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION OF MICHAEL BERTINO OF 601 SE 4TH STREET, LLC. & 601 SOUTH FEDERAL, LLC, FOR HIDDEN BROOK CORPORATION, OWNER TO REZONE A PARCEL OF LAND LOCATED AT 601 FEDERAL HIGHWAY FROM COMMUNITY COMMERCIAL (C- 3) TO MIXED USE LOW INTENSITY 2 (MU -L2) WITH MASTER PLAN FOR 28 APARTMENTS AND 11,000 SQUARE FEET OF MEDICAL/PROFESSION OFFICE; PROVIDIING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a legislative amendment to the City's Future Land Use Plan which allows for the rezoning which is the subject of this Ordinance; and WHEREAS, Michael Bertino of 601 SE 4th Street, LLC. & 601 South Federal, LLC, has filed a petition on behalf of the owners, Hidden Brook Corporation High Ridge Housing, LLC., to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan and otherwise comparable City plans for development; and WHEREAS, the City Commission deems it in the best interests of the residents and property owners of said City to amend the aforesaid Revised Zoning Map as hereinafter set 28 forth. {00135894.1 306-9001821} Page 364 of 441 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated 32 herein by this reference. 33 Section 2. The following described land is rezoned from Community Commercial 34 (C-3) to Mixed Use Low Intensity 2 (MU -L2) with Master Plan for 28 apartments and 11,000 35 square feet of medical/profession office 36 LEGAL DESCRIPTION: 37 LOTS 1, 2,3 AND 4, BLOCK C OF PENCE SUBDIVISION NO. 1, ACCORDING TO 38 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 33 OF THE 39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 13 40 FEET OF LOTS 1 AND 4 FOR RIGHT OF WAY STATE ROAD NO. 5 (US NO. 1) 41 AS SHOWN IN ROAD PLAT BOOK 3 ON PAGE 11. 42 43 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 44 reference. 45 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 46 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 47 repealed. 48 Section 5. Should any section or provision of this Ordinance or any portion 49 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 50 affect the remainder of this Ordinance. 51 Section 6. This ordinance shall become effective upon final passage and 52 expiration of the time for reconsideration. 53 FIRST READING this day of , 2016. 54 SECOND, FINAL READING AND PASSAGE this day of , 2016. {00135894.1 306-9001821} Page 365 of 441 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 ATTEST: Judith A. Pyle Interim City Clerk (Corporate Seal) {00135894.1 306-9001821} 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 366 of 441 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: April 20, 2016 PROJECT: 601 S. Federal Mixed Use LUAR 16-002 REQUEST: Approve 601 S. Federal Mixed Use Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use (MX), and rezoning from C-3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office PROJECT DESCRIPTION Property Owner: Hidden Brook Corporation Applicant: Michael Bertino/601 SE 4t" Street LLC & 601 S. Federal LLC Agent: Bradley Miller, Miller Land Planning, Inc. Location: 601 Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 (Community Commercial) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use Low Intensity 2) Acreage: +/- 1.2 acres Page 367 of 441 Page 2 601 S. Federal Mixed Use LUAR 16-002 Adjacent Uses: North: Right-of-way for SE 5t" Avenue; farther north a developed commercial property (offices) and two undeveloped parcels, all classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); South: Property under construction for an assisted living facility, classified Mixed Use (MX) and zoned MU -1_2 (Mixed Use Low Intensity 2); East: Right-of-way for Federal Highway; farther east a developed multifamily residential property (Sterling Village), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; and West: Right-of-way for SE 4t" Street; farther west Pence Park, classified Recreational (R) and zoned Recreation (REC). BACKGROUND The subject property contains two parcels, both currently vacant. Applicant is seeking approval for a Future Land Use Map (FLUM) amendment and rezoning to develop a mixed use project, which would include a 28 -unit residential building and a 11,000 square foot medical/professional office building. Height Exception and Community Design Appeal applications as well as the staff - initiated code review pertaining to parking regulations are being processed concurrently. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. 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. According to the Marcus & Millichap's 2016 Multifamily Investment Forecast, the vacancy rate in Palm Beach County will decrease to 4.1 %, and the average rent will increase 5.1 % to $1,476 per month.The report states as follows: 2 Page 368 of 441 Page 3 601 S. Federal Mixed Use LUAR 16-002 "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 residents into the county provides a growing source of new demand for property owners 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. " Since the medical/professional office would be a job generator, the proposed FLUM amendment/rezoning would support the increase of both housing units and jobs. This is an important consideration given that the subject property is located within the Downtown Transit -Oriented Development District, established through the Comprehensive Plan text amendment in 2014. The District encompasses an area with a %2 mile radius of the planned Tri -Rail Link station along North East 4th Avenue just south of Boynton Beach Boulevard. Both the number of jobs and the number of housing units within the District are below thresholds set for a Community Transit Center station by the 2012 Florida Department of Transportation's TOD Guidebook (the Community Transit Center station is a model for the Boynton Beach Downtown TOD District). The model recommends the minimum gross employment intensity of 45 jobs per acre and gross residential density of 11 units per acre. The current numbers for the District are estimated to be 16 and 7, respectively. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Comprehensive Plan/ Redevelopment Plan The proposed future land classification (Mixed Use) and zoning (MU -L2) is consistent with, and implements, recommendations of the 2006 update to the Federal Highway Corridor Community Redevelopment (FHCCR) Plan. Redevelopment plans are adopted by reference into the Comprehensive Plan. The requests are also consistent with several applicable policies of the Comprehensive Plan, such as: • Policy 1.3.1.d (Future Land Use Element), which provides the definition and lists desirable characteristics of developments seeking the Mixed Use Future Land Use category: "Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems 3 Page 369 of 441 Page 4 601 S. Federal Mixed Use LUAR 16-002 and services, and promote compact development, safe and pedestrian -friendly streets, and provide transportation choices. All land development located within any mixed use designation shall be required to submit a plan that includes a single unified design for the project and shall conform to any adopted redevelopment and design plan(s) for the area covered by the designation." • Policy 1.8.2. A and B (Future Land Use Element) under Objective 1.8, which discourages urban sprawl. Given that the City is almost built out, and thus lacs lack of 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 that "the City shall (... ) discourage urban sprawl by".- A. y". A. "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 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. " Land Development Regulations Since the requested MU -1_2 zoning district is a planned zoning district, it is 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.D.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 does not meet all LDR's and the deviations, in part, are intended to be addressed through applications for Height Exception and Community Design Appeal. It should also be noted that staff is proposing to amend the sustainable parking regulations to adapt them to urbanized environments, so that in lieu of open space requirements a project would be required to provide a lower heat island effect. This proposed amendment to the LDRs is being processed concurrently, and if supported by the Commission, would be applied to the subject site plan. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and 4 Page 370 of 441 Page 5 601 S. Federal Mixed Use LUAR 16-002 rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The abutting property to the south carries the same future land use classification (Mixed Use) and zoning designation (MU -1_2) as those requested for the proposed development. West of Federal Highway, the areas within the vicinity of the subject parcel include a number of vacant properties while developed properties do not represent a consistent land use pattern. The incoming ACLF will add to the diversity of uses in the area, which include a park, professional offices, stores, small apartment buildings and a single family home. On the east side of Federal Highway across from the proposed project, the 1965 Sterling Village multifamily development carries a nonconforming density of 18.6 units per acre, well above the 11 du/acre threshold for its R-3 zoning. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning meets the definition of "sustainable" as it involves compact infill mixed use development whose residents will have access to public transit via Palm Tran bus service along the Federal Highway corridor (bus stops are conveniently located nearby). Furthermore, the applicant is attempting to comply with the sustainable parking requirements of the LDRs which is conditioned upon, in part, accommodating fuel efficient vehicles, EV charging stations, covered bicycle racks, as well as providing operational programming that encourages carpooling and use of mass transit. If approved, the amended sustainable parking requirements would also yield a project that provides a lower heat island effect through optimal tree canopies and cooler roofs and hard surfaces. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The Utilities Department has confirmed long-term capacity availability for potable water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. The School District has submitted a School Concurrency Determination dated May 13, 2016 indicating the project has received concurrency approval. A traffic statement was sent to the Palm Beach County Traffic Engineering Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the TCEA and therefore meets the Traffic Performance Standards. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Page 371 of 441 Page 6 601 S. Federal Mixed Use LUAR 16-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (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. In terms of the current use—as already discussed in response to criterion "c"—the proposed rezoning would be compatible with nearby properties. The abutting property to the south carries the same future land use classification (Mixed Use) and zoning designation (MU -L2) as those requested for the proposed development. Moreover, the FHCCR Plan's Mixed Use future land use and MU -1_2 zoning recommendation for the subject property applies to lands along the west side of the South Federal Highway from SE 2nd Avenue to SE 12th Avenue, as well as to properties along its east side from the SE 2nd Avenue to Riviera Drive. Staff does not forsee negative impacts on property values of surrounding properties. The rezoning is reasonably related to the needs of both the neighborhood and the City as a whole. (See also comments in response to criterion "a" and criterion "g" below.) g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould. (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed FLU amendment/rezoning requests reflect the ongoing economic recovery and the current market demand, adhering to criterion "g3". It would, if approved, enhance the City's tax base (criterion "g2") and create new employment opportunities, some with pay above the county's mean 2015 annual wage of $48,860 ("g4"). The medical office use would be complementary to the incoming ALS Ce Page 372 of 441 Page 7 601 S. Federal Mixed Use LUAR 16-002 project to the south of the subject project (g6). Lastly, as stated above under review items ""b" and "c", the project will advance the City's sustainability objectives by minimizing parking supply and impervious surfaces, accommodating fuel efficient vehicles and promoting use of mass transit, and by providing a project that emphasizes a reduction in its heat island effect ("gS'). h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The requests propose to reclassify/rezone commercial land to a mixed use project with a commercial office component. As discussed above (criterion "g"), the proposed FLUM/rezoning satisfies four of the Direct Economic Development Benefits under this criterion. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As stated already in this report, the approval of the proposed FLUM/rezoning request would constitute implementation of the Federal Highway Corridor Community Redevelopment Plan. Mixed use projects require Mixed Use future land use classification and a mixed use zoning district. In turn, these designations require consistency with a Community Redevelopment Plan. (Clearly, vacant land meeting the latter requirement must be available.) It should also be noted that the CRA and City staff are currently working on the CRA Consolidated Plan, which is intended to both combine and update the existing redevelopment plans. The Consolidated Plan recommendation for the subject property will likely retain the 40 du/acre density recommendation of the Federal Highway Corridor Community Redevelopment Plan. 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.1.e 7 Page 373 of 441 Page 8 601 S. Federal Mixed Use LUAR 16-002 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. As submitted, the proposed master plan/site plan does not meet all LDR's and the deviations, in part, are intended to be addressed through applications for Height Exception and Community Design Appeal. It should also be noted that staff is proposing to amend the sustainable parking regulations to adapt them to urbanized environments, so that in lieu of open space requirements a project would be required to provide a lower heat island effect. This proposed amendment to the LDRs is being processed concurrently, and if supported by the Commission, would be applied to the subject site plan. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the Federal Highway Corridor Community Redevelopment Plan. However, staff's recommendation of approval is contingent upon approval of Height Exception and Community Design Appeal as well as the parking - related code review. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\LUAR 16-002\LUAR 16-002 601 S. Federal Staff Report.doc 8 Page 374 of 441 EXHIBIT A SITE LOCATION MAP 601 S. FEDERAL HIGHWAY (LUAR 16-002) Legend Future Land Use Categories LOCAL RETAIL COMMERCIAL (LRC) MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre RECREATIONAL (R) MIXED USE (MX) N 0 25 50 100 iso 200 Page 375 of 441 14. H. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Approve request for a Community Design Plan Appeal (CDPA- 001) of Chapter 2, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. TABLED ON 6/21/16(This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances EXPLANATION OF REQUEST: The applicant proposes a three (3) story, 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 -unit apartment building fronting on the SE 4th Street side of the property, and requires approval of a Community Design Plan Appeal for three (3) locations on the site. Staff supports the appeal based upon site constraints and amenities designed into the spaces that prevent the ideal setbacks as required by the mixed use zoning district regulations. The 30 -foot north setback of the office building is the result of the provision of a large plaza area necessary to accommodate elevation differences between the built environment and proposed improvements, the 19 -foot south setback for the office building accommodates the installation of a bus shelter and a required utility easement, and the 45 -foot south setback for the residential building allows for the pool and recreation building amenities. The Planning & Development Board recommended approval of this request at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in ad valorem taxes associated with the improvement of a vacant site to an urban infill project, permit fees associated with the construction and business tax fees for the new businesses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 376 of 441 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D Other D Conditions of Approval D Development Order REVIEWERS: Department City Clerk Description Staff Report (CDPA 16-001) Location Map Site Plan Landscape Plan Justification Statement Conditions of Approval Development Order Reviewer Action Date Pyle, Judith Approved 6/22/2016 - 12:09 PPA Page 377 of 441 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-023 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission FROM: Michael Rumpf, Planning and Zoning Director DATE: May 17, 2016 PROJECT NAME/NO: 601 S. Federal Mixed Use / CDPA 16-001 REQUEST: Approve request fora Community Design Plan Appeal of Chapter2, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. Property Owner: Hidden Brook Corporation Agent: Bradley D. Miller, Miller Land Planning, Inc. Location: 601 S. Federal Highway (see Exhibit "A" — Location Map) Site Details: The applicant has submitted development applications for a Land Use and Rezoning, New Site Plan, Community Design Plan Appeal and Height Exception for a mixed-use project known as 601 S. Federal Mixed Use, which proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 unit apartment building fronting on the SE 4th Street side of the property. The vacant site consists of two (2) parcels bordered by Federal Highway on the east, SE 4th Street on the west, and SE 5th Avenue to the north. The property is currently zoned C-3 (Community Commercial) and is the subject of a request for rezoning to MU -1_2 (Mixed Use -Low 2). NATURE OF REQUEST Bradley Miller is requesting approval of a Community Design Plan Appeal of Chapter 2, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, for three (3) locations on the site. BACKGROUND AND ANALYSIS The application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter2, Article III, Section 5.C., which requires buildings to be constructed along the roadway frontages with a build -to -line of 0 to 10 feet. Approval may be granted by staff of up to a 15 foot setback in order to 1) Page 378 of 441 Staff Report — 601 S. Federal Mixed Use (CDPA 16-001) Memorandum No PZ 16-023 Page 2 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 below, there are three (3) locations in this project in which the buildings are proposed to be located outside of the build -to - line, and accordingly, are the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit "C") dated March 15, 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; • f) 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 first appeal is for the north side of the office/retail building at the NE corner of the site, which is proposed with a setback nearly 30 feet from the north property line. The applicant is proposing a public plaza in this area consistent with the Community Redevelopment Agency (CRA) design guidelines. Due to the fact that the building must meet minimum finished floor flood elevation (which is over 2.5 feet higher than surrounding improvements), the plaza area needs to be designed in a manner that accommodates handicap access to the building entrance on the north side of the structure. Since the plaza will also incorporate signage for the project, benches and landscaping pursuant to the CRA design guidelines and the Land Development Regulations (LDR), the size of the plaza would have to expand beyond 15 feet in order to properly function. Since it is the desire of the City to create functional plaza areas in the urban core to comfortably accommodate pedestrians and enhance their downtown experience, as well as facilitate required handicap accessibility, staff supports this appeal request. The second appeal involves the south side of the office/retail building adjacent to the assisted living facility currently under construction, and is proposed with nearly a 19 foot setback from the south property line. Within this area, there is a 7 foot Page 379 of 441 Staff Report — 601 S. Federal Mixed Use (CDPA 16-001) Memorandum No PZ 16-023 Page 3 wide utility easement and a 12 foot wide bus shelter. The bus shelter must be located so it does not interfere with the water and sewer lines located in the utility easement, somewhat dictating how far the office/retail building must be placed away from the south property line. As staff promotes the placement of bus shelters at locations of mixed use developments on main transit routes for residents and employees alike, the bus stop furthers the City's goal of green building and smart parking provisions by providing transit incentives and less dependence on the automobile. And as noted by the applicant, "Although the primary building is not within the build to line, the bus shelter does meet this requirement and will be constructed in a consistent architectural theme as the main building, providing for the streetscape and intent of the build to line". Based upon the City's desire to have the bus shelter located on Federal Highway to further our transit goals, the proposed design of the shelter to match that of the building, and the continuation of the built environment (bus shelter) to within seven (7) feet of the south property line to avoid large gaps between buildings (even though not the minimum 30 feet in height required of buildings fronting Federal Highway in the MU -1_2), staff supports this appeal request. Lastly, the third appeal involves the south side of the proposed 28 -unit apartment building on the west side of the parcel, abutting SE 4th Street to the west and the assisted living facility that is currently under construction to the south. The apartment building itself is proposed to be approximately 45 feet from the south property line, with the multi-use/pool building and pool associated with the apartment building located less than 15 feet from the south property line. The applicant also proposes a fence and landscaping to extend from this accessory building to the south property line in an effort to continue the streetscape. The City encourages the provision of resident amenities such as pools and recreation (multi- use) structures. This is a tight site, and with the narrow footprint of the apartment building, wrapping the pool amenity into a courtyard is really not feasible, nor is the placement within the parking area. The space chosen by the applicant is probably the best choice for screening and privacy. With that being said, the amenity building, though not the minimum 30 feet in height required of buildings fronting on collector streets such as SE 4th Street, does provide the appearance of a fairly continuous streetscape. The proposed south setback will also allow for the preservation of a couple large Oak trees near the south property line. Based upon the City's desire for projects of this nature to provide on-site recreation amenities, the lack of other places on site to adequately site this amenity, and the continuation of the built environment (multi-use/pool building) to within fifteen (15) feet of the south property line to avoid large gaps between buildings (even though not the minimum 30 feet in height required of buildings fronting collector roads within the MU -1_2), staff supports this appeal request. In conclusion, staff has determined that the project meets the intent of the review criteria for Community Design Plan Appeal, understanding the proposed design is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability or appearance of the city, will preserve existing large Oak trees, and should not have any adverse impact on property values of abutting or adjacent land, and furthers City goals and objectives for sustainable development and green initiatives through the provision of a transit shelter, public plaza, and the preservation of trees. Page 380 of 441 Staff Report — 601 S. Federal Mixed Use (CDPA 16-001) Memorandum No PZ 16-023 Page 4 RECOMMENDATION Staff has reviewed this request for Community Design Plan Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for Land Use & Rezoning, New Site Plan, and Height Exception, and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\CDPA 16-001\CDPA Staff Report.doc Page 381 of 441 EXHIBIT A SITE LOCATION MAP 601 S. Federal Highway 0 15 30 60 90 120 Page 382 of 441 LE'�M�IIHG :«2 C ) \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e _, °«w��.. _mw,� , /\ /�/ � - - - F`_ ![2 i/ & _ ,}{ ©» //Q® {=- - y:- ` /�\�} \� \� \\g2 \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e /\ /�/ „o — v— > 4q TA TEROAO NO. 5) ��mws��mmJ m +O(D (D 8 a � � � � ob B$S m $2 JI � H §- ° sn M � as as ao W9m�ms . g 6 Q 6➢— �I � s � � � � s o a � � � a � � � as � ��. iS ml�� as ae o 's oaooea Cl cd 9 5� J JJ J JJ J o +. Q t FFy EF Ff 6 oa m m$ E % 3 '� awaaa Boa aw "3a 8 a� Z „o — v— > 4q TA TEROAO NO. 5) ��mws��mmJ m +O(D (D 8 a � � � � ob B$S m $2 JI � H §- ° sn M � as as ao W9m�ms . g 6 Q 6➢— �I � s � � � � s o a � � � a � � � as � ��. iS ml�� as ae o 's oaooea ao Oqu 5� J JJ J JJ J Sm t FFy EF Ff 6 oa m m$ E % 3 '� awaaa Boa aw "3a 8 a� Z gaaa��n�a ease as a qa $� M 1 s 2�.R a8p J: ..°....x a ase $° e€ v a sj 4 9 O sss�,m,m^_ssssss;e;sss^ 's s ao Oqu 5� J JJ J JJ J Sm t FFy EF Ff 6 oa m m$ E % 3 '� awaaa Boa aw "3a 8 a� Z gaaa��n�a ease as a qa $� M 1 s 2�.R a8p J: ..°....x IIIMILLER LAND PLANNING, INC. 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Phone m (561)736.8838 Fax ■ (561)736.8079 Email ■ millerlandplanning.com Original: March 15, 2016 Appeal to Community Design Standard Justification Statement This application requests approval of a community design appeal for specific build to line requirements found in Chapter 3, Article III, for the proposed 601 S. Federal mixed use project. Code Section 1.E requires that buildings be constructed along the roadway frontages with a build to line of 0 to 10 feet. However, as described below, there are three locations in this project that requires the building to be located outside of the build to line and accordingly are the subject of this appeal. Building B I North Facade - Building B is setback 29.7 feet from the north property line. Within this area there is a loading zone along SE 5th Avenue as well as a public plaza area that provides a transition from the hard corner of Federal Highway and SE 5th Avenue to the building main entrance from the plaza. Given the property grades in this area, the plaza area will also incorporate a ramp system for handicap accessibility, signage for the project, benches and landscape areas which are requirements form other provisions of the code. There is also site clear zones at this intersection that are required by both the City and FDOT so visibility is not restricted for vehicles traveling from SE 5th Avenue to Federal Highway. If the building were located to comply with the maximum 10 foot build to line, it would encroach the site clear zones, creating an unsafe condition, plus this area can be used for the other improvements within the plaza area. Accordingly, we request the appeal approval for this area on the north facade of Building B. Building B I South Facade - Building B is setback 18.7 feet from the south property line at its nearest point. Within this area, there is a 7 foot wide utility easement and a 12 foot wide bus shelter. The bus shelter cannot interfere with the water and sewer lines located in the utility easement, therefore this is the closest the Building B can be located from the south property line. Although the primarily building is not within the build to line, the bus shelter does meet this requirement and will be constructed in a consistent architectural theme as the main building, providing for the street scape and intent of the build to line. Accordingly, we request the appeal approval for this area on the south facade of Building B. Building C I South Facade - Building C is a multi use building to support the residential building and pool and it is located 14.8' from the south property line. Building C was originally a larger building and located within the build to line, however to address staff comments regarding existing trees in this area of the site and adjoining site, the building was reduced in size to allow the trees to remain. There will be a fence and landscape to extend from Building C to the south property line that will continue the street scape Page 385 of 441 601 S. Federal Highway Appeal to Community Design Standard March 15, 2016 intended by this code section. Accordingly, we request the appeal approval for this area on the south facade of Building C. Article X, Section B.1.3 of the Code states that In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. The following provides the review criteria and response justify this application for appeal. a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. The proposed project and community design appeal continues to be consistent with the intent of the Comprehensive Plan by providing other amenities along the roadway frontage that compliment the primary buildings. 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 design of the buildings and the appeal will be an enhancement to the livability and appearance of this property and provide a high quality office and residential project. 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. A description of each of the deviations requested is provided above and how they cannot meet the code section that is being appealed. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) 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 (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. Building C was reduced in size and located outside of the build to line to accommodate existing trees pursuant to meetings with the City Landscape Inspector and an arborist. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. Page 386 of 441 601 S. Federal Highway Appeal to Community Design Standard March 15, 2016 There will not be any averse environmental impacts created by the proposed deviations. In fact, for Building C, the purpose is to better accommodate for landscape. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. There will be no adverse impact on abutting or adjacent lands. Building B is located in line with the approved assisted living facility building to the south and will continue the street scape for this section of the roadway frontage. Buildings A and C will be the first of these buildings to be located and start a street scape along SE 4th Street. The development of this property is likely to enhance the values of properties in the area. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. This project is bounded by roads to the east, north and south and the buildings located on the site are separated to allow for light and air on site as well as adjacent properties. The deviation for the south side of Building B will actually provide separation, thus light and air, from the assisted living facility building to the south. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. This project furthers the objectives of the Federal Highway Corridor Plan for mixed uses to be developed along the Federal Highway corridor. Approval of he proposed appeal will allow for the development of an office building with employment opportunities and a residential building for more housing opportunities. The two uses will hopefully share in employment opportunities of the businesses with potential employees within the residential building. 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 appeal for both the north and south facades of Building B are necessary due to conflicts of other development requirements as described in the summary above. The proposed appeal for the south facade of Building C is necessary to support the potential of saving existing trees. Page 387 of 441 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: 601 S. Federal Mixed Use File number: CDPA 16-001 Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning and New Site Plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Page 388 of 441 601 S. Federal Mixed Use (CDPA 16-001) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\CDPA 16-001 \COA after P&D.doc Page 389 of 441 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: 601 S. Federal Mixed Use (CDPA 16-001) Michael Bertino, 601 S. Federal LLC & 601 SE 4th Street LLC PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 5.C., "Build -to -line", which requires buildings be constructed with a build -to -line of 0 to 10 feet, for three (3) locations on the site. LOCATION OF PROPERTY: 601 S. 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 S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\CDPA 16-001\DO.doc Page 390 of 441 14.1. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Approve request for Height Exception (HTEX 16-001) to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. TABLED ON 6/21/16 ( This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items - (LUAR 16-002) to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances) EXPLANATION OF REQUEST: The applicant proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven -(7) story, 28 -unit apartment building fronting on the SE 4th Street side of the property, and requires approval of a Height Exception to allow the elevator tower and mechanical equipment enclosure for the residential portion of the project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. According to the Land Development Regulations, Chapter 2, Article 11, Section 4.C., electrical and mechanical support systems and their necessary mechanical appurtenances may be erected within a structure or 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. Staff has determined that the project meets the intent of all of the review criteria for Height Exception and recommends approval. The decorative roof structure provides dimension and interest along the roofline, and enhances the appearance of the building, while providing the necessary mechanical and roof access spaces and screening in accordance with code regulations (rooftop equipment shall be screened for a distance of 600 feet in each direction), while only encompassing approximately 7% of the rooftop area. The Planning & Development Board recommended approval of this request at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in ad valorem taxes associated with the improvement of a vacant site to an urban infill project, permit fees associated with the construction and business tax fees for the new rental project and office uses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 391 of 441 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D Drawings D Drawings D Other D Conditions of Approval D Development Order REVIEWERS: Department City Clerk Description Staff Report (HTEX 16-001) Location Map Site Plan Apartment Elevations (1) Apartment Elevations (2) Roof Plan Justification Statement Conditions of Approval Development Order Reviewer Action Pyle, Judith Approved Date 6/22/2016 - 11:53 AKA Page 392 of 441 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-022 TO: Chairman and Members Planning & Development Board and City Commission FROM: Michael Rumpf Director of Planning and Zoning DATE: May 16, 2016 PROJECT: 601 S. Federal Mixed Use / HTEX 16 - 001 REQUEST: Approval of height exception request to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. PROJECT DESCRIPTION Property Owner: Hidden Brook Corporation Applicant: Mike Bertino of 601 S. Federal LLC &601 SE 4th Street LLC Agent: Bradley Miller of Miller Land Planning, Inc. Location: 601 S. Federal Highway (see Exhibit "A" — Location Map) Existing Land Use / Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: Mixed Use (MX) / Mixed Use -Low Intensity 2 (MU -L2) Proposed Use: Construction of a mixed-use project, consisting of an 11,000 square foot commercial building and a 28 unit apartment building. Acreage: 1.2 -acres Adjacent Uses: North: Right-of-way for SE 5th Avenue; farther north a developed commercial property (offices) and two undeveloped parcels, all classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); South: Property under construction for an assisted living facility, classified Mixed Use (MX) and zoned MU -1_2 (Mixed Use Low Intensity 2); East: Right-of-way for Federal Highway; farther east a developed multi -family residential property (Sterling Village), classified High Density Residential (HDR) and zoned R-3, Multi -family Residential; and West: Right-of-way for SE 4th Street; farther west Pence Park, classified Recreational (R) and zoned Recreation (REC). Page 393 of 441 Page 2 Memorandum No. PZ 16-022 BACKGROUND The applicant has submitted development applications for a Land Use and Rezoning, New Site Plan, Community Design Plan Appeal and Height Exception for a mixed-use project known as 601 S. Federal Mixed Use, which proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 unit apartment building fronting on the SE 4th Street side of the property. The application submitted for Height Exception approval is for a decorative roof enclosure over non -habitable space that includes access to the stairwell, elevators and A/C equipment. The maximum building height in the MU -1_2 zoning district is 65 feet. The elevations (see Exhibit "B" — Sheet A1.4) show that the buildings would be constructed utilizing a parapet wall, with the actual roof deck at a height of 65 feet. The code indicates 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 mechanical spaces exceed the maximum allowable height of the zoning district, thus the application for a Height Exception of 10 feet over the district maximum has been submitted in conjunction with the other previously noted applications for development approval. ANALYSIS 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, electrical and mechanical support systems and their necessary mechanical appurtenances may be erected within a structure or 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 March 15, 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 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 all of the review criteria for Height Exception. The decorative roof structure provides dimension and interest along the roofline, and enhances the appearance of the building, while providing the necessary mechanical and roof access spaces and screening in accordance with code regulations (rooftop equipment shall be screened for a distance of 600 feet in each direction). 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 exception would not severely reduce light and air in adjacent areas. The property is surrounded by road rights-of-way on three (3) sides and the fourth side is currently being developed as an assisted living facility, which was approved at comparable height (building segments between 50 and 68 feet in height, with the stair tower/elevator equipment room at 74 feet). Additionally, the tallest part of this apartment building will be adjacent to the interior of the project's parking lot and the parking lot of the adjacent assisted living facility. The area of request is not intended to Page 394 of 441 Page 3 Memorandum No. PZ 16-022 be occupied space and there should be no perception of the project as a deterrent to the improvement or development of adjacent properties or as a special privilege granted to the applicant. Finally, the exception request is for approximately 350 square feet of the 5,056 square foot roof area, or approximately 7% of the rooftop area. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of ten (10) feet be approved for the mechanical equipment on the roof of the apartment building. 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 "C" — Conditions of Approval. S:\Planning\Shared\Wp\Projects\601 S. Federal Mixed Use\HTEX 16-001\Staff Report.doc Page 395 of 441 EXHIBIT A SITE LOCATION MAP 601 S. Federal Highway 0 15 30 60 90 120 Page 396 of 441 LE'�M�IIHG :«2 C ) \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e _, °«w��.. _mw,� , /\ /�/ � - - - F`_ ![2 i/ & _ ,}{ ©» //Q® {=- - y:- ` /�\�} \� \� \\g2 \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e /\ /�/ 6Mp 6pIQ le pisaH suoi1eial3 £LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, -H'HOVHE NOIA09 'AANH "IVTI3Q3-4'S 109 o Q M -1v1d1Q1d'S Gao o a `ti 109 0o W wLu lY o� W lY W F = W OU O O O O D O m O O O �O O Q az =w rj)o z in Ow FOf U U D m LL fcoOOf Z O ON U w S �O Of N O coo W W J co O a X zwF a a Z 0 z O ; w Q W o WT� W Z o Ti CO oil Ill Ill I - - Ill Ill Ill Ill HEH Wil Wil Wil � ® ® ® Wil w EH 6Mp 6pIQ le pisaH suoi1eial3 £LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, Ill Ill - - Ill Ill Ill Ill Wd BL-S&£9LOZ/9L/S 6Mp 6pIQ le pisaH suoi1eial3 6LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, 11 41,/9 -H'HOVHE NOIA09 'AANH "IVTI3Q3-4'S 109 o Q �Rfi a -1v1d1Q1d'S Gao w W Q 109 0o MLu lY o� W lY W F = W OU m O O O O D O O O O �O O Q az =w ri)o z in Ow FOf U U D m LL fcoOOf Z O ON U w S �O Of N O coo a� W o w� W W J co O a X zwF a Z O -o F-22 a z o s� o s� W W ; W W o z co � W >. co FM FH El, EN A TTF LL 6Mp 6pIQ le pisaH suoi1eial3 6LV 09LS L11uaL n� 09LS L\s6uiMeip 09LS L\09LS L\OOOS L\sPa4 �dMV\-S zan6uiwop, 11 41,/9 a� W o w� b,,p Mlplapuapis,H u,ld4,,H SLV ---P, Wd LO 9c ME19L19 VY � ®® 73 `Hd3E NOS.COE '.CMH "IVTI3Q3-4 5109 -ivlalalA,S Gao a 109 �Q aoo� NN< z a 0 zo =o C9� d LL o-s m O O , O<u Oa af. wJ ?u i i ®®®® i it pl 1 1 1 1 i i i i i 1 1 i i i i i i i i i i i mom ❑00000 In In In In❑0 ❑� � in ini in❑off s In ❑0 In ❑� 0 In ii O i i i i i i i i it i i i i it i i i i i i i i i i i i i i i i i b,,p Mlplapuapis,H u,ld4,,H SLV ---P, Wd LO 9c ME19L19 _MILLER LAND PLANNING, INC. Height Exception Application Justification Statement 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Phone m (561) 736.8838 Fax ■ (561) 736.8079 Email ■ millerlandplanning.com Original: March 15, 2016 Pursuant to Chapter 2, Arctic II, Sec. 4.C., this application requests approval of a height exception for the parapet and screening of mechanical equipment that exceed the maximum allowed MU -1-2 zoning district height of 65 feet for Building A of the proposed 601 Federal Highway mixed use project. The building is designed with a flat roof at 65 feet with an elevator shafts that extend above that are screened by the parapet and an architectural element. The maximum height of the parapet that surrounds the building is 4'-3" above the roof line and the architectural element is 9'-7" above the roof line. Accordingly, this application requests the approval of the height exception based on the review criteria and responses to subsection 4.C. outlined below. 3. Review Criteria. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: 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 parapet and architectural element are provided as a "finish" to the top of the building and screening of the elevator shafts that extend above the roof line. The architectural element is located in the center portion of the roof. These proposed architectural features enhance the look of the building and will not have adverse affect on the subject site or surrounding properties. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; The height exception will allow for the development of this vacant parcel in an area that is promoted by the City for redevelopment. The proposed development will be complimentary to the assisted living facility that is being constructed immediately to the south with a building with similar height. The height exception will not be a deterrent to development or improvement of adjacent properties. Page 401 of 441 601 S. Federal Highway Height Exception March 15, 2016 2 C. Whether the height exception would contribute to the architectural character and form of the proposed project; As indicated above, the parapet and architectural element provide a "finish" to the top of the building and provide screening to the elevator shafts. These features certainly do contribute to the architectural character of the building and project. d. Whether the height exception would positively contribute to the city's desired image, street scape design, or recommendation of any applicable redevelopment plan; The project is designed based on the design standards and guidelines of the City and CRA. The height exception assists in that design. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The height exception specifically has no affect on sustainable development or green initiatives, however the proposed development includes sustainable developments and green initiative features including compact parking with charging stations, covered storage areas for bikes and scooters, motorcycle parking and a bus shelter for public transit use. f. 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 This project is directly contrary to the review criteria. The purpose of this height exception is to provide for better architecture and aesthetics of the building and overall project. g. Whether sufficient evidence has been presented to justify the need for a height exception. This application is reviewed by staff to make that determination; however, the applicant fully believes that there is sufficient justification for the height exception approval. M:\M L P C\PROJECTS\601 S. Federal Hgwy (Francois)\4 - Submittals\4-Height exception & Design Appeal 03.15.16\Height exception justification.wpd Page 402 of 441 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: 601 S. Federal Mixed Use File number: HTEX 16-001 Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning and New Site Plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Page 403 of 441 601 S. Federal Mixed Use (HTEX 16-001) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\HTEX 16-001 \COA after P&D.doc Page 404 of 441 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: 601 S. Federal Mixed Use (HTEX 16-001) Michael Bertino, 601 S. Federal LLC & 601 SE 4th Street LLC PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Height Exception approval to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. LOCATION OF PROPERTY: 601 S. 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 S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\HTEX 16-001\DO.doc Page 405 of 441 14.J. LEGAL 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Approve request for New Site Plan (NWSP 16-002) for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. TABLED ON 6/21/16 (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances.) EXPLANATION OF REQUEST: The applicant proposes a three (3) story 11,000 square foot office/retail building fronting on Federal Highway and a seven (7) story, 28 -unit apartment building fronting on the SE 4th Street side of the property, along with requests for Land Use Amendment and Rezoning (to Mixed Use Low -2), Community Design Plan Appeal (for increased building setbacks) and Height Exception (to allow the screening of rooftop equipment above the maximum height of the building). The applicant has proven eligible for use of the City's sustainable parking provisions through documentation of a projected lower parking demand compared to the standard parking ratios for the proposed uses. In exchange the developer will comply with the site design and operational practices required by the sustainable parking regulations such as providing a charging station for electric vehicles, and the proposed amendment to said regulations to promote the reduction in the project's heat island effect. The developer as proven partial compliance with this proposed addition to the sustainable parking regulations and full compliance will be confirmed at time of permit review. For additional information on the proposed amendment to the parking regulations, see "Sustainable Parking (Heat Island Effect) and On -street Parking (CDRV 16-003)" which is being concurrently processed with this site plan application. Should this request be approved, it is contingent upon the approval of the requests for Land Use Amendment and Rezoning (LUAR 16-002), Height Exception (HTEX 16-001), Community Design Plan Appeal (CDPA 16- 001), the approval of the sustainable parking/green amendments to the Land Development Regulations (CDRV 16-003), and all comments indicated in Exhibit "C" — Conditions of Approval. The Planning & Development Board recommended approval at their May 24th meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in ad valorem taxes associated with the improvement of a vacant site to an urban infill project, permit fees associated with the construction and business tax fees for the new businesses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 406 of 441 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Conditions of Approval D Development Order REVIEWERS: Department City Clerk Description Staff Report (NWSP 16-002) Location Map Site Plan Landscape Plan Apartment Color Rendering Apartment Elevations (1) Apartment Elevations (2) Apartment Floor Plans Apartment Unit Detail Apartment Roof Plan Office Color Rendering Office Elevations (1) Office Elevations (2) Office Floor Plans Office Roof Plan Pool House Color Rendering Pool House Elevations Pool House Floor Plan COA Development Order Reviewer Action Date Pyle, Judith Approved 6/22/2016- 11:53 AKA Page 407 of 441 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-002 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission FROM: Michael Rumpf Planning and Zoning Director DATE: May 17, 2016 PROJECT NAME 601 S. Federal Mixed Use (NWSP 16-002) REQUEST: Approve 601 S. Federal Mixed Use New Site Plan for 28 apartments and 11,000 square feet of medical/professional office on approximately 1.2 acres proposed to be rezoned to MU -L2. PROJECT DESCRIPTION Property Owner: Hidden Brook Corporation Applicant: Michael Bertino/601 SE 4t" Street LLC & 601 S. Federal LLC Agent: Bradley Miller, Miller Land Planning , Inc. Location: 601 Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 (Community Commercial) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use Low Intensity 2) Proposed Use: 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office Acreage: +/- 1.2 acres Adjacent Uses: North: Right-of-way for SE 5t" Avenue; farther north a developed commercial property (offices) and two undeveloped parcels, all classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Page 408 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 2 South: Property under construction for an assisted living facility, classified Mixed Use (MX) and zoned MU -1_2 (Mixed Use Low Intensity 2); East: Right-of-way for Federal Highway; farther east a developed multifamily residential property (Sterling Village), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; and West: Right-of-way for SE 4t" Street; farther west Pence Park, classified Recreational (R) and zoned Recreation (REC). PROPERTY OWNER NOTIFICATION 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. BACKGROUND The subject property, consisting of two (2) parcels and currently vacant, extends from Federal Highway through to Southeast 4t" Street, with Southeast 5t" Avenue as its northern boundary. The site was previously developed with the Gentleman Jim's restaurant, which was closed and demolished in 2004. The property is located within the TCEA (Traffic Concurrency Exception Area) and the Downtown Transit -Oriented Development District. PROPOSAL The applicant is proposing a two -building mixed use project with the associated recreational amenities and parking on the 1.2 -acre parcel. A 7 -story, 35,881 square foot multi -family building with 28 two-bedroom dwelling units is proposed to front along Southeast 4t" Street; a 3 -story, 11,000 square foot medical/professional office building is proposed to front on Federal Highway. Height Exception and Community Design Plan Appeal applications as well as two staff - initiated code reviews pertaining to parking regulations are being processed concurrently. ANALYSIS Traffic: A traffic statement was sent to the Palm Beach County Traffic Engineering Division for concurrency review. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the Page 409 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 3 TCEA, and that it meets the Traffic Performance Standards. The project would generate 559 new daily trips, with 41 AM peak hour trips and 55 PM peak hour trips. No building permits for the project are to be issued by the City after the project's build -out date of end of year 2019. School: The applicant submitted a request for a School Capacity Availability Determination to the School District of Palm Beach County, who determine capacity is available for the project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water demand per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidence through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Police/Fire: The Police Department and Fire Department note that 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 adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Access: As depicted on the Site Plan (Sheet SP -1), the site is proposed to be accessed at a sole point, with a 24 foot wide curb cut located on SE 5t" Avenue, approximately 60 feet west of Federal Highway. The two-way drive provides adequate circulation through the parking lot for residents, patrons, emergency services and waste removal. Parking: According to Chapter 4, Article V, Section 2.B and 2.C, the proposed mix of office and residential uses requires 105 parking spaces: 56 spaces for 28 two- bedroom apartments at 2 spaces per unit, 5 guest spaces at 0.15 spaces per unit, and 44 spaces for 11,000 square feet of office use at 1 space per 250 square feet, based upon a mix of general (1/300) and medical office uses (1/200). However, the applicant is seeking eligibility for reduced off-street parking ratios under the Flexible Parking Provisions Promoting Smart Growth ("sustainable" parking per Chapter 4, Article V. Section 3.G). Under the subject provisions, the parking requirement for a two-bedroom residential unit is 1.66 spaces, and a parking rate for any type of office use is 1 space for 250 square feet. The reduced ratios result in a requirement of 46 spaces for the residential use and 44 spaces for the office component of the project; as the 5 -space guest Page 410 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 4 parking requirement continues to apply, the total number of required parking spaces is 95. The applicant submitted a statement justifying the proposed project's eligibility for the Smart Growth parking reduction. A justification statement must demonstrate the adequacy of the proposed parking resources and design and show that all sixteen (16) criteria for sustainable design and operation of the project are being met. In support of the first requirement, the applicant provided a parking demand study prepared by Simon and White, an engineering firm. The statement claims compliance for total required parking, based on their professional engineering judgment and data from three (3) methods of calculating required parking, including the Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) and surrounding municipalities. The justification statement from the applicant also notes that the project is in compliance with the requirements of the sustainable parking provisions by providing for fuel efficient vehicles by accommodating vehicle charging stations, motorcycle parking and covered bicycle parking, facilitating a ride -share program, maintenance of transit schedules, reduced rental rates based upon number of vehicles, the provision of bicycles for resident use, parking permits and on-site management enforcement. The applicant also proposes to construct the project utilizing several green/sustainable principals, including white/reflective rooftops, retention of canopy trees, plus the installation of additional, retaining greenspace by postponing any potential paving of tandem parking spaces. The application of these principals to the project are intended to minimize the site's "heat island effect", and comply with one of the two proposed, city -initiated amendments to the City's sustainable parking requirements and intended to offer an option to the open space criterion of these requirements for smaller properties and/or urban infill projects where it is not practical to expect significant saving or creation of open space. The site plan proposes a total of 102 parking spaces. It should be noted that this total parking supply count assumes approval of the second city -initiated amendment to the LDRs that would expand the on -street parking provisions. Currently the LDRs allow a project to include in tabulating spaces to be provided to meet minimum parking needs the on -street spaces immediately abutting the subject project. The proposed amendment would allow the on - street spaces existing on the opposite side of the street to also count toward parking supply in limited circumstances (see CDRV 16-004). Of the proposed 102 parking spaces, 68 are regular on-site spaces conforming to code requirements for the CRA of 9 feet wide by 18 feet long for 90 degree parking; 4 (four) are Handicap spaces dimensioned 12 feet by 18 feet; 9 (nine) are compact spaces dimensioned 8 feet wide by 18 feet; 3 (three) are motorcycle spaces of 3 feet wide by 16 feet long, and 10 are existing off-site spaces. Additionally, as required by "sustainable parking" regulations, 8 (eight) spaces are indicated on the site plan as contingency parking, as a precaution, Page 411 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 5 to be added in the event that a shortage for the average daily parking demand is subsequently realized. Also the applicant has provided operational rules and strategies to ensure parking demand does not exceed capacity, including lower rental rates for those residents with one or no vehicles, issuance of tenant parking permits, rental of some units with the limit of one parking space during the peak parking demand hours of (8AM - 5PM) and on site management to monitor parking. The applicant also acknowledges they will provide a valet service, should the proposed above -noted strategies not operate as planned. The one aspect of the sustainable parking provisions that the project is not satisfying regards the intent to save green space from unnecessary asphalt and parking spaces. This circumstance has prompted staff to re-examine the applicability of this criterion for small urban and infill projects with limited area to achieve compliance with the open space objective. Staff realized the solution was not to find that the open space requirement was not applicable in such circumstances, but instead identified another opportunity for an additional LDR amendment to further the effectiveness and appropriateness of sustainable development regulations. The solution: to provide an alternative to providing/preserving green space while still providing a lower heat island effect. Staff concurrently proposes an amendment to the LDR that requires the project to provide a lower heat island effect through greater roof reflectivity, use of white concrete parking lots instead of black asphalt, and greater tree canopy through the use of more canopy trees and fewer palms to shade hard surfaces. The applicant will be provided the opportunity to further demonstrate compliance with these comparable green regulations at time of permit submittal, if the code amendment is adopted by the City Commission. All necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Landscape: The Plant List (Sheet L-2) indicates that, in addition to existing trees to remain, the project would add a total of 77 canopy and palm trees, 920 shrubs, and 1,537 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: Live Oak, Magnolia, and Paradise Trees. Palm species would include Christmas, Alexander, Areca, and Sabal palms. Existing species to remain or be relocated would include Strangler Fig and Gumbo Limbo trees and Sabal palms. Projects proposed in the Mixed Use zoning districts are subject to the "Streetscape Design" portion of the urban landscape code regulations. These code provisions recognize the desire for reduced building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a Page 412 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 6 landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seat walls, lighting, accent plantings). Staff is recommending as a condition of approval that the plans be revised to provide street trees and covered walkways necessary to meet the required 50% shaded sidewalk along all building frontages. See the section below titled "Design" and the Conditions of Approval for further explanation. The project will be heavily planted with a variety of tropical landscape materials such as an assortment of Palm trees, Bromeliads, Ixora, Silver Buttonwood, Cocoplum, Clusia, and Allamanda. Pedestrian amenities such as public art, bench seating, and trash receptacles are proposed mainly in the public plaza at the corner of SE 5t" Avenue and South Federal Highway. Two (2) areas of covered bicycle/scooter parking are also proposed near Building B and the swimming pool. Buildings: The proposed multifamily component of the project is a 7 -story, 35,881 square feet building with 28 two (2) bedroom units of similar size and layout. Central access is primarily from the east side, with secondary doors located on the north, south, and west sides. The proposed office building would occupy a three (3) story, 11,000 square foot building. The office use is described as "medical/professional', though no square footage breakdown or detailed floor plans are provided. The main entry to the building is on the north side, where there is a lobby and an elevator to access the three floors of the building. Secondary doors with access to stairwells are located along the west facade. Height The MU -L2 zoning district allows buildings to reach a maximum height of 65 feet, with a minimum of 30 feet in height required along arterial roadways (Federal Highway) and collector roadways (SE 4t" Street) as intended to achieve a desired massing and streetscape. The elevations (see Exhibit "B" — Sheet A1.4) show that the apartment building would be constructed utilizing a parapet wall, with the actual roof deck at a height of 65 feet. The code indicates flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However the proposed mechanical spaces exceed the maximum allowable height of the zoning district by 10 feet. An application has been submitted for Height Exception approval in conformance with code provisions contained in the Land Development Regulations (LDR), Chapter 2, Article II, Section 4.C., for a decorative roof enclosure over non -habitable spaces / access to mechanical appurtenances, such as stairs, elevators and A/C equipment. This application for a Height Exception of 10 feet over the district maximum has been submitted in conjunction with the other previously noted applications for development approval, and any approval is subject to Page 413 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 7 approval of the other applications. The height of the office building is proposed to be 39 feet to the flat roof deck and a little more than 47 feet to the top of the highest parapet wall (18 feet less than the maximum height of 65 feet allowed in the district). Design: The site plan proposes two separate buildings on the site: one three (3) story office building which fronts South Federal Highway and SE 5th Avenue and one seven (7) story multifamily building which front SE 4th Street and SE 5th Avenue with parking between the two structures. Per the City's Design Standards for Development in Urban Areas, Article III, Sec 6.C.2, shade and shelter is required along 50% of the sidewalk at SE 4th Street and South Federal Highway. The requirement for shade and shelter supports the City's desire to create an active pedestrian streetscape. The code specifically states that the, "base is the most important part of the building design, which is that component that represents the streetscape" and that the "base should be characterized by having all elements enhance the pedestrian environment to which it is exposed, with high transparency, including windows, entries, canopies, awnings, courtyards, and elements of pedestrian interest". As designed, the proposed buildings do not fulfill this requirement or support pedestrian activity. The residential units which front SE 4th Street have the potential to engage the street by revising the proposed balcony style facade to a porch entry by extending the two arch elements over the balconies to the sidewalk; clustering the proposed trees on either side of the arches or building to create shade; and revise the proposed sliding doors to entry doors. The applicant has opposed this requirement for security purposes; however, staff opines that a security objective can still be achieved while providing the appearance of a front porch (see conditions of approval). The northern and southern facades of the proposed multi -family building lack articulation and detail and should be enhanced to be consistent with the needed enhancements proposed on the west facade. Pursuant to the design standards referenced above, the office building is also required to provide shade and shelter along the facade of the building in order to promote pedestrian activity. The proposed design lacks awnings, overhangs, and/or arcades and separates the building from the sidewalk with a narrow area of landscaping. In order to maximize use of the sidewalk along the office uses and fulfill the above referenced requirement, staff suggest that the existing sidewalk be extended to meet the face of the building in lieu of foundation plantings and provide awnings or eyebrows over six (6) of the nine (9) windows. Staff also suggests that the proposed tree line is moved into the right-of-way and that the proposed trees are revised to be understory street trees. Palms may also be clustered at the corners of the building. Page 414 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 8 Setbacks The office building is proposed with setbacks of 3.5 feet in the front, abutting Federal Highway, approximately 19 feet on the south side abutting an assisted living facility currently under construction, and approximately 29.5 feet from the north property line abutting SE 5t" Avenue. The Land Development Regulations (LDR) Chapter 2, Article III, Section 5.C., "Build -to -line", requires buildings be constructed in the MU -1-2 zoning district with a build -to -line of 0 to 10 feet. An application for Community Design Plan Appeal has been submitted for two (2) locations for the office building (north and south sides), as those setbacks exceed the requirement, and one (1) for the apartment building. The applicant is proposing a public plaza area at the north side of the building in keeping with Community Redevelopment Agency (CRA) design guidelines. Due to the effect on the project of meeting the minimum finished floor flood elevation standard (which is over 2.5 feet higher than surrounding improvements), the plaza needs to be designed in a manner that accommodates handicap access to the building entrance on the north side of the structure. Since the plaza will also include signage for the project, benches and landscaping in keeping with the CRA design guidelines and the Land Development Regulations (LDR), the size of the plaza would have to expand beyond the build -to -line in order to properly function. The setback for the south side of the office/retail building adjacent to the assisted living facility currently under construction is proposed with a nearly 19 foot setback. Within this area, there is a 7 foot wide utility easement and a 12 foot wide bus shelter. The bus shelter must be located so it does not interfere with the water and sewer lines located in the utility easement, somewhat dictating how far the office/retail building must be placed away from the south property line. The setbacks for the apartment building are proposed at 2.5 feet for the covered patios and approximately 8 feet from the face of the building facing SE 4t" Street, 6.5 feet to 13 feet along the modulating wall facing SE 5t" Avenue, and approximately 45 feet from the apartment building to the south property line abutting the assisted living facility currently under construction, with the pool cabana building in between, with a setback of approximately 15 feet. This is a tight site, and with the narrow footprint of the apartment building, wrapping the pool amenity into a courtyard is really not feasible, nor is the placement of this amenity within the parking area. The space chosen by the applicant is probably the best choice for screening and privacy. The proposed south setback will also allow for the preservation of a couple large Oak trees near the south property line. As noted above, the applicant has submitted for Community Design Plan Appeal to justify and allow for the proposed setbacks. See the corresponding Appeal item for the applicant's justification and further analyses regarding the proposed setbacks. Approval of the subject site plan application is contingent upon approval of the corresponding request for Community Design Plan Appeal. Page 415 of 441 Staff Report — 601 S. Federal Mixed Use (NWSP 16-002) Page 9 Amenities: The recreation amenity area, located on the south side of the residential building, would include a swimming pool and a 336 square foot cabana. Lighting: The applicant proposes the use of thirteen (13) pole mounted LED light fixtures on 15 foot tall concrete pole in the parking lot and around the pool. Additionally, one (1) wall fixture is proposed at nine (9) feet in height near the front door off the plaza. The lighting levels depicted are in compliance with the code maximum of 5.9 foot-candle spot readings. Signage: The proposed monument sign is designed to match the character and color of the building when placed within the plaza area at the north end of the office building. The lettering for the tenants are proposed at dark bronze and backlit. The signage proposed for the office building is also dark bronze lettering consisting only of the building address. Art: The art component is undecided at this point, but proposed to be located within the plaza to the north of the office building. The Arts Commission will be responsible for review and approval of the ultimate piece. SIIMMORY• The subject property is located within the Community Redevelopment Agency (CRA) district and part of Planning Area I of the Federal Highway Corridor Redevelopment Plan. Planning Area I has the role of being the northern entrance into the City and providing an aesthetically inviting appearance. Goals of the redevelopment plan for this area include: (1) providing a variety of housing; (2) protection of community character; (3) providing an enhanced visual appearance; and (4) requiring compatibility between uses. The Master/Site plan proposes many design standards that comply with the CRA goals for Planning Area I of the Federal Highway Corridor Redevelopment Plan. RECOMMENDATION Staff has reviewed this request for New Master Plan/Site Plan and recommends that it be approved subject to the accompanying conditions of approval. If this request is approved, it is contingent upon the approval of the requests for Land Use amendment and Rezoning (LUAR 16-002), High Exception (HTEX 16-001), Community Design Appeal (CDPA 16-001), the approval of the amendment to the Land Development Regulations (CDRV 16-003), and all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. Page 416 of 441 EXHIBIT A SITE LOCATION MAP 601 S. Federal Highway 0 15 30 60 90 120 Page 417 of 441 LE'�M�IIHG :«2 C ) \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e _, °«w��.. _mw,� , /\ /�/ � - - - F`_ ![2 i/ & _ ,}{ ©» //Q® {=- - y:- ` /�\�} \� \� \\g2 \ \} BOA S.Feder al . Mixed Use / { / ! T c aBoynton _& e /\ /�/ „o — v— > 4q TA TEROAO NO. 5) ��mws��mmJ m +O(D (D 8 a � � � � ob B$S m $2 JI � H §- ° sn M � as as ao W9m�ms . g 6 Q 6➢— �I � s � � � � s o a � � � a � � � as � ��. iS ml�� as ae o 's oaooea Cl cd 9 5� J JJ J JJ J o +. 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W7 Ww F� o n Q 6Mp.... gq,jo ,,.i jA Z V ---P, Wd LO-LLEMEIt Llc 6Mp .... ggnlo qd )OOjj g-10 LCV ---P, Hd OZOOEME/tL/£ Vie oe 7H `HJV19NOIA09 'AANH "ItlT l(11-4 5 109 z -ivlalalA,s 109 GN< 0o z HK U U) Z O 5� Y Co. z 06 aao W UW a U) w 0,v av 111 LL1 W` 0Oa Dw 0¢ Um LLm D W d' W Y W Y U 0 U Fl S � Z 00 In I-- 06 a =w 8£ H J Cie Ow Z U N LL N U a v x z aO Ix U N LL N Z o a` Y U a aQ s 0. o< O) _ LL L] i �P V TTAKFFTF WA/K 6Mp .... ggnlo qd )OOjj g-10 LCV ---P, Hd OZOOEME/tL/£ EXHIBIT "C" Conditions of Approval Project Name: 601 S. Federal Mixed Use File number: NWSP 16-002 Reference: 3 n review of plans identified as a New Site Plan with a May 6, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Developer will be responsible for providing street lighting on adjacent ROW along SE 4th Street and SE 5th Avenue as part of X this project. 2. Sidewalk along SE 5 1h Avenue is to be widened in the areas where roll out carts are to be stored on the sidewalks for pick up to allow X for pedestrian traffic to pass by on trash pickup day. 3. Clarify at entrance on SE 5th Avenue there is a minimum outside turning radius of 55 ft. from both directions. Truck routes for fire and solid waste to be determined by individual X departments/divisions. 4. Provide a proposed address plan. X 5. Existing overhead utility lines and easements must be abandoned prior to issuance of building permits. X 6. All existing and proposed fire hydrants on site shall be Sigelock per the Utilities Standard Detail W-9. X 7. Verify condition and type of existing water main adjacent to property along Federal Highway. Developer will be required to replace entire length if determined to be AC pipe. X 8. On Sheet L -1/E-1, the dotted circles with a square are not on the Sheet L-1 legend. Most of these match a location on Sheet E-1. However the ones in the median on the 2 sheets are not in the X same location. Please clarify - both sheets should match. 9. There is no irrigation plan submitted with the landscape plan. The irrigation plan must follow the Florida Friendly — Waterwise X principals. FIRE Comments: 10. A fire hydrant flow test shall be conducted by the BBFR to check water supply and fire flow calculations. Please call Fire & Life X Safety (561-742-6600). Page 434 of 441 601 S. Federal Mixed Use (NWSP 16-002) Conditions of Approval Paae2of3 DEPARTMENTS I INCLUDE I REJECT POLICE Comments: Addressed at the DART meeting on 3/15/16. BUILDING DIVISION Comments: Addressed at the DART meeting on 3/15/16. PARKS AND RECREATION Comments: 11. Per City Ordinance, the Park Impact Fee is $16,660 (28 units x $595) X PLANNING AND ZONING Comments: 12. Include guest parking requirement of 5 spaces in the total parking required count. Article V, Section 3.G is titled "Parking Reduction For Sustainably" provides the allowable "reductions" to the standard parking requirements. No reduction is provided for guest X parking, therefore, 5 spaces are required. Please revise parking required to correctly read 95 parking spaces. 13. The applicant is attempting to utilize the sustainable parking provision of the code, and staff recommends that the project be reviewed against the proposed amendments to said regulations, thereby requiring a design that minimizes the heat island effect of the project. Applicant must indicate that the proposed design provides a reduced heat island effect, at minimum, with respect to the design of building roofs; parking and other hard surfaces; and landscaping (i.e. tree placement and species selection for maximized canopy coverage). X Project approval is contingent upon adoption of the referenced amendment to the sustainable parking regulations, and compliance with the heat island effect provisions as stated above. If the proposed amendment is not adopted, or the applicant fails to comply with said amendments to these parking regulations, the applicant must revert to the standard parking calculations and revise the plans and data tables accordingly. 14. Provide details of plaza design. Staff recommends that the required public art be incorporated into the retaining wall and include a sculpted relief piece on its face, built in seating, and X landscaping along portions of its length. Page 435 of 441 601 S. Federal Mixed Use (NWSP 16-002) Conditions of Approval Paae 3 of 3 DEPARTMENTS I INCLUDE I REJECT 15. Design Standards for Development in Urban Areas: Provide shade and shelter along 50% of the sidewalk at 4th Street and Federal Highway, per Article III, Sec 6.C.2 & H.4.a a. First Floor Design on 4th Street: Design the two first floor entries to be front porches in order to front and engage the first floor. Extend the arch elements over the entries to the sidewalk, cluster the trees on either side of the arches and building, and change the sliders to French doors on the first floor. X b. First Floor Design on Federal Highway: Extend the sidewalk to meet the face of the building, in lieu of foundation plantings and provide awnings or eyebrows over 6 of the 9 windows (the outermost windows). Move the proposed tree line into the ROW and revise to be understory street trees. Palms may also be clustered at the corners of the building. 16. Enhance the treatment of the facades on the northern and southern elevations of residential building such as to match the X western facade treatments. 17. Prior to issuance of a building permit, the applicant shall record a Unity of Title for the lots within County records. X COMMUNITY REDEVELOPMENT AGENCY Comments: Addressed at the DART meeting on 3/15/16. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Reject Condition #1 and create new comment: The Developer will be responsible for coordinating with the City and FPL for providing FPL street lighting on adjacent r -o -w along SE 4th Street and SE X 5th Avenue, as part of this project. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\NWSP 16-002\COA after P&D.doc Page 436 of 441 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: 601 S. Federal Mixed Use (NWSP 16-002) Michael Bertino, 601 S. Federal LLC & 601 SE 4th Street LLC PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Height Exception approval for New Site Plan for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. LOCATION OF PROPERTY: 601 S. 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 S:\Planning\SHARED\WP\PROJECTS\601 S. Federal Mixed Use\NWSP16-002\DO.doc Page 437 of 441 15.A. FUTURE AGENDA ITEMS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Discussion of Quantum Park Overlay District requested by Commissioner Katz - JULY 19, 2016 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 City Clerk Reviewer Action Date Pyle, Judith Approved 6/22/2016- 11:53 AM Page 438 of 441 15. B. FUTURE AGENDA ITEMS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement between City of Boynton Beach and Town of Briny Breezes for Fire Rescue Services - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 6/23/2016 - 4:14 FSM Page 439 of 441 15.C. FUTURE AGENDA ITEMS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD 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 Reviewer Action Date Foyle, Judith Approved 6/26/2016 - 4:14 FSM Page 440 of 441 15.D. FUTURE AGENDA ITEMS 7/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/5/2016 REQUESTED ACTION BY COMMISSION: Consideration of accepting road rights of way and utility easements on CRA owned properties in association with the Model Block Project, approved at the June 14, 2016 CRA Board Meeting. - July 19, 2016 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 Reviewer Action Date Finance Howard, Tim Approved 6/29/2016 - 2:40 PM Finance Howard, Tim Approved 6/29/2016 - 2:40 PM City Manager Howard, Tim Approved 6/60/2016 - 12:29 PM Page 441 of 441